Terms of service

I. Definitions.

The terms used in the Regulations mean:

  1. Customer - a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by special provisions, who places an  Order  in  the Store ;
  2. Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  3. Consumer – an adult natural person with full legal capacity, making a purchase in  the Store  that is not directly related to his or her business or professional activity. The provisions relating to the Consumer contained in these Regulations apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available pursuant to the provisions on the Central Registration and Information on Economic Activity;
  4. Basket – a list of products prepared from  the Goods offered in the Store  based on  the Buyer's choices ;
  5. Buyer – both  Customer and  Consumer ;
  6. Regulations - these  Regulations  for the provision of electronic services within the escinea.pl Online Store ;
  7. Online store (Store) - online service available at  www.escinea.pl run by ESCILAB Sp. z o. o., ul. Bukowa 15, 02-708 Warszawa, KRS: 0000493151, NIP: 5252577262, REGON: 147045448; through which  the Customer  may, in particular, place  Orders ;
  8. Goods – products presented in  the Online Store  ;
  9. Sales Agreement - a contract for the sale  of Goods  within the meaning of  the Civil Code , concluded between ESCILAB Sp. z o. o. and  the Customer , concluded using the  Store's website ;
  10. Consumer Rights Act - Act of May 30, 2014 on consumer rights;
  11. Act on the provision of services by electronic means - Act of 18 July 2002 on the provision of services by electronic means;
  12. Order - the Customer's declaration of will  , aimed directly at concluding  a Sales Agreement , specifying in particular the type and number of Goods.

II. General provisions.

2.1. These Regulations define the rules for using the Online Store available at  www.escinea.pl.

2.2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.

2.3. The online store, operating at  www.escinea.pl, is run by ESCILAB Sp. z o. o. based in Warsaw.

2.4. These Regulations specify in particular:

  1. rules for registering and using the account in the Online Store;
  2. terms and conditions for electronic reservation of Goods available in the Online Store;
  3. terms and conditions for placing Orders electronically in the Online Store;
  4. rules for concluding Sales Agreements using the services provided within the Online Store;

2.5. Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

  1. Internet Explorer version 9 or later with JavaScript and cookies enabled; Mozilla FireFox version 27 or later with JavaScript and cookies enabled; or Google Chrome version 33 or later; Safari for IOS.
  2. minimum screen resolution 1024x768 pixels.

2.6. In order to use the Online Store, the Customer should obtain access to a computer station or terminal device with Internet access on his own.

2.7. In accordance with applicable law, ESCILAB Sp. z o. o. based in Warsaw reserves the right to limit the provision of services via the Online Store to persons who are over 18 years of age. In such a case, potential customers will be notified about the above.

2.8. Customers can access these Regulations at any time via the link on the main page of the website  www.escinea.pl,  download them and print them out.

2.9. Information about the Goods provided on the Store's website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code and enable Customers to become familiar with the main characteristics of the Goods before placing an Order.

2/10. The Store may change the range of Goods offered at any time. Any change to the offer is subject in particular to supply and delivery restrictions, without prejudice to Orders placed by the Buyer.

2/11. The products meet the requirements of Polish law. The Store is not responsible for violating the law in force in a country other than Poland to which the product will be delivered at the Buyer's request (e.g. if the sale of a given product is prohibited in that other country). The buyer is obliged to check with the relevant offices of the country to which he intends to export or transfer the products whether the products he intends to order can be imported to this country.

2/12. The Store only conducts retail trade in Goods.

2.13. The store does not sell medicinal products by mail order (prescription).

2/14. Descriptions of the Goods in the Store are for information and identification purposes only. Before using the Goods, read the information on the packaging containing contraindications, data on side effects and dosage, and information on the use of the Goods, or contact your doctor or pharmacist, as any dietary supplement used incorrectly may pose a threat to life and health. 

III. Rules for using the Online Store.

3.1. The condition for starting to use the Online Store is to register within it.

3.2. Registration takes place by completing and accepting the registration form available on one of the Store's pages.

3.3. The condition for registration is to consent to the content of the Regulations and to provide personal data marked as mandatory, necessary to conclude and implement the Sales Agreement.

3.4. ESCILAB Sp. z o. o. based in Warsaw may deprive the Customer of the right to use the Online Store, and may also limit his access to part or all of the resources of the Online Store, with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular when the Customer:

  1. during registration in the Online Store, provided data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
  2. has committed an infringement of the personal rights of third parties via the Online Store, in particular the personal rights of other Customers of the Online Store,

commits other behaviors that will be recognized by ESCILAB Sp. z o. o. based in Warsaw for behavior inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of ESCILAB Sp. z o. o. based in Warsaw.

3.5. A person who has been deprived of the right to use the Online Store cannot register again without the prior consent of ESCILAB Sp. z o. o. based in Warsaw

3.6. In order to ensure the security of the transmission of messages and data in connection with the services provided within the Online Store, the Online Store takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent on the Internet.

3.7. The customer is obliged in particular to:

  1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
  2. use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
  3. not to take actions such as: sending or posting unsolicited commercial information in the Online Store (spam),
  4. use the Online Store in a way that is not inconvenient for other customers and for ESCILAB Sp. z o. o. based in Warsaw,
  5. use all content posted in the Online Store only for your own personal use,
  6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

3.8. If the Customer has registered in the Online Store, he/she is not allowed to share the password with third parties. The online store is not responsible for orders placed by unauthorized third parties to whom the Customer provided his password or who gained access to the Customer's account as a result of the Customer's failure to comply with the rules of caution when using the password to the account in the Store.

IV. Procedure for concluding a Sales Agreement.

4.1. In order to conclude a Sales Agreement via the Online Store, please visit the website  www.escinea.pl  , select the Goods and take further technical steps based on the messages displayed to the Customer and the information available on the website.

4.2. The Customer selects the Goods ordered by adding them to the Cart.

4.3. The Buyer may order one or more Goods from those offered on the Website. If you intend to purchase a larger quantity of the same Goods in one transaction, the Store reserves the right to refuse to complete the transaction if its implementation is impossible due to restrictions imposed by the manufacturer of a given Good. The Buyer will be informed about quantitative restrictions on the purchase of the same Goods in one transaction immediately after placing the Order.

4.4. When placing an Order - until the "Order" button is pressed - the Customer has the opportunity to modify the entered data and the selection of the Goods. To do this, please follow the messages displayed to the Customer and the information available on the website.

4.5. After the Customer using the Online Store provides all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include information regarding:

  1. the subject of the Order,
  2. unit and total price of the ordered Goods, including delivery costs and additional costs (if any),
  3. selected payment method,
  4. selected delivery method,
  5. delivery time.

4.6. In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the "Order with obligation to pay" button. When the Buyer has approved his Order, he is deemed to have consciously accepted the subject matter and terms of execution of a given Order, including his obligation to pay the price for placing the Order, price, size, characteristics, quantity and delivery date of the Goods offered by the Store and ordered by the Buyer. .

4.7. Sending the Order by the Customer constitutes a declaration of will to conclude with ESCILAB Sp. z o. o. with its registered office in Warsaw, sales contracts, in accordance with the Regulations.

4.8. After placing the Order, the Customer receives an e-mail containing final confirmation of all important elements of the Order.

4.9. ESCILAB Sp. z o. o. based in Warsaw reserves the right to refuse to sell the Goods if the Buyer purchases these Goods for further resale as part of its business activity.

4/10 The contract is deemed concluded when the Customer receives the e-mail message referred to in point 4.8 above.

4/11. The Store is not responsible for an incorrect e-mail address or failure to receive information sent by e-mail about confirmation or sending of the Order. In each case when the Buyer places an Order, the sale will be considered final.

4/12. The sales contract is concluded in Polish, in accordance with Polish law and with content consistent with the Regulations

V. Delivery.

5.1. Regular delivery of Goods is limited to the territory of the Republic of Poland and takes place to the address indicated by the Customer when placing the Order.

5.2. Delivery costs are added to the price of the purchased Goods and shown separately on the sales document. The Store may change the delivery options offered at any time, and the form of delivery accepted by the Buyer at the time of placing the order will be binding for the Sales Agreement concluded as a result of placing this Order by the Buyer.

5.3. The ordered Goods are delivered by DHL and DPD courier, to DHL, DPD and ORLEN Paczka service points or via delivery to a parcel locker. During the winter, due to the possibility of freezing and damage to the Goods, delivery to Parcel Lockers will be disabled. What will be described in the CART tab. Additionally, delivery costs will be indicated when placing the Order and are available on the website: www.escinea.pl

5.4. Delivery takes place to the address indicated by the Customer; the rights of persons receiving the parcel at this address will not be examined. If delivery is impossible or difficult due to the provision of an incorrect address or an address that has become incorrect or due to the fact that the delivery was not accepted at that address or was not accepted there immediately, the Customer is responsible for this.

5.5. The deadline for shipment (shipment understood as delivering the shipment to the courier company's point or handing it directly to the courier) is up to 7 business days from the date the Customer sends the Order.

5.6. The Buyer or the recipient of the Order should check the condition of the package and the Goods upon delivery. If the delivered parcel is clearly damaged (visible signs of flooding, significant dents, tears in the packaging, etc.), it is recommended to refuse to accept it. In such a case, the shipment will be immediately returned to the Seller to clarify the matter and redeliver the ordered Goods.

5.7. When sending a courier shipment, the contents of the package should always be checked in the presence of the courier. In the event of damage or loss, you should refuse to accept the shipment and immediately write down a complaint report containing all objections to the identified irregularity in a clear and detailed manner and send it to the following address:

sklep@escinea.pl  (the courier has the protocol).

5.8. When sending a parcel to a parcel locker, if any damage or loss is detected, the parcel should be left in the locker. Then, you should immediately inform the Store about the situation and describe any irregularities in a clear and detailed manner by e-mail to the following address: sklep@escinea.pl

5.9. At the Customer's express request, Goods can be delivered to all European Union countries and to non-European countries (Australia, Brazil, Hong Kong, Israel, Canada, New Zealand, United States). Detailed delivery rules will be determined by the terms and conditions of transport services used by the courier or post office. The customer shall bear all costs associated with such delivery, including customs duties and other necessary fees.

VI. Prices and payment methods.

6.1. The prices of the Goods are given in Polish zloty and include all components, excluding delivery costs, including VAT (with the rate indicated) and all other components and fees. Any change in the VAT rate will be automatically included in the price of the Goods offered by the Store.

6.2. The prices of the Goods are the prices valid at the time of placing the Order by the Buyer. The Store may change the prices of the Goods at any time, and the prices accepted by the Buyer at the time of placing the Order will be binding for the Sales Agreement concluded as a result of placing this Order by the Buyer.

6.3. The customer has the option of paying the price:

  1. by transfer to the bank account number: 71 1030 0019 0109 8503 0019 1831, Citi Handlowy ;
  2. payment in the  Przelewy 24 system ;
  3. payment via PayPal

6.4. When selecting any of the payment methods indicated in point 6.3. above, the Customer bears the costs associated with it. These costs include in particular fees and commissions that the Store will be charged by the bank or payment operator, including the costs of payment conversion if the Customer fails to make a payment to the currency account indicated by the Store. The resulting transaction costs do not constitute the Store's revenue and depend on the prices indicated by the entities offering a given service and constitute their revenue. If the Store is required to incur such costs, it may request the Customer to make an appropriate additional payment, the payment of which will determine the execution of the order.

6.5. Payment by bank transfer should be made within 7 days from the date of placing the Order. If payment is not made within 3 days from the date of placing the Order, the Customer will receive an e-mail from the Online Store reminding him to make the payment. If the Customer does not make payment for the Order within 7 days from the date of placing the Order, the Order will be canceled and the Customer will receive an e-mail with information about the cancellation of the Order.

6.8. All orders are payable in Polish zlotys (PLN).

6.9. The Store has the right to suspend or cancel the execution of the Order and/or delivery, regardless of the type and stage of implementation, in the event of non-payment or partial payment of amounts due from the Buyer, in the event of a payment incident, fraud or attempted fraud in connection with the use of the Website. Store, also for future Orders.

6/10. The delivered Goods remain the property of ESCILAB Sp. z o. o. based in Warsaw until full payment.

6/11. In accordance with applicable law, ESCILAB Sp. z o. o. with its registered office in Warsaw is not obliged to issue receipts.

6/12. By accepting these Regulations, the Customer agrees to make the invoice available for viewing and/or downloading in electronic form. The invoice in electronic form is sent to the e-mail address provided by the Customer when placing the Order, the correct indication of which is the responsibility of the Customer. ESCILAB Sp. z o. o. based in Warsaw will make every effort and apply appropriate technical measures to ensure that the invoice is made available in electronic form in a safe manner. ESCILAB Sp. z o. o. based in Warsaw is not responsible for the consequences of the Customer's failure to comply with the security rules and reserves the right to change the file format and the method of making the invoice available in electronic form, as well as to introduce other technical changes in this respect.

VII. Right to withdraw from the Agreement.

7.1., the Buyer who is a Consumer has the right to withdraw from the Sales Agreement, without giving a reason, within fourteen (14) days from the date of delivery of the shipment.

7.2. The deadline to withdraw from the Agreement expires after 14 days from the date of delivery of the shipment.

7.3. To exercise the right to withdraw from the Agreement, the Consumer is obliged to inform the Store about his decision to withdraw from this Agreement by means of an unambiguous statement (made by telephone, sent by post or e-mail).

7.4. The consumer may use the model withdrawal form, but this is not obligatory.

SAMPLE WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the Agreement)

– Addressee: ESCILAB Sp. z o. o. with its registered office in Warsaw, u. Bukowa 15, 02-708 Warszawa

– I/We(*) hereby inform(*) about my/our(*) withdrawal from the contract of sale of the following items(*) / contract of delivery of the following items:

– Date of conclusion of the contract(*)/acceptance(*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent on paper)

– Data

(*) Delete as appropriate.

7.5. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to provide information regarding the exercise of the right to withdraw from the Agreement before the deadline for withdrawal from the Agreement expires. As part of the information on withdrawal from the Agreement, it is recommended to provide additional information that will facilitate the identification of the shipment.

7.6. The goods must be returned in an unchanged condition, showing no traces of use and in the original company packaging. The Customer is liable for any reduction in the value of the purchased Goods resulting from the use of the Goods in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

7.7. The right of withdrawal cannot be exercised in relation to purchased Goods that have been unpacked after delivery and which cannot be returned due to the need to ensure hygiene and health protection. The Buyer is informed about the inability to withdraw from the Agreement for the purchase of products that have been unpacked and the reintroduction of which to the market by the Store would pose a risk to the hygiene and health protection of Consumers.

7.8. In the event of withdrawal from this Agreement, in accordance with the Regulations, the Store returns all payments received, including the costs of delivering the Goods (except for additional costs resulting from the selected delivery method other than the cheapest regular delivery method offered by the Store) immediately, and in any case no later than 14 business days from the date on which the Store was informed about the exercise of the right to withdraw from this Agreement. The Store may withhold the refund of the above-mentioned amount until it receives the Goods back or until the Consumer provides proof of sending them back, depending on which event occurs first. The above provision does not apply to partial withdrawal from the Agreement (with respect to selected Goods under the Order) in the event of

7.9. The costs of returning the Goods are borne by the Buyer.

7/10. In the event of returning the Goods to the Store due to the Buyer's failure to collect the properly delivered Goods without terminating the contract, all costs of delivery and return of the Goods shall be borne by the Buyer.

VIII. Complaints regarding the Goods.

8.1. Seller pursuant to Art. 558§1 of the Civil Code completely excludes liability towards Customers who are not Consumers for physical and legal defects (warranty). This exclusion does not apply to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register. and Information on Business Activity.

8.2. ESCILAB Sp. z o. o. with its registered office in Warsaw, as a seller, is liable to the Customer who is a Consumer within the meaning of Art. 22[1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in Art. 556 and art. 556[1] – 556[3] of the Civil Code.

8.3. Complaints resulting from violation of the Customer's rights guaranteed by law or under these Regulations should be sent to  sklep@escinea.pl. ESCILAB Sp. z o. o. based in Warsaw undertakes, if possible, to consider each complaint within 30 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.

8.4. ESCILAB Sp. z o. o. based in Warsaw informs that Customers' subjective feelings regarding their individual tastes do not mean that the Goods have defects within the meaning of the provisions of the Civil Code on warranty.

IX. Complaints regarding the provision of electronic services.

9.1. ESCILAB Sp. z o. o. based in Warsaw takes steps to ensure the fully correct operation of the Store, to the extent that results from current technical knowledge and undertakes to remove any irregularities reported by Customers within a reasonable time.

9.2. The customer is obliged to immediately notify ESCILAB Sp. z o. o. based in Warsaw about any irregularities or interruptions in the operation of the Online Store website.

9.3. The Customer may report irregularities related to the operation of the Store in writing to the following address: ESCILAB Sp. z o. o. with its registered office in Warsaw, ul. Bukowa 15, 02-708 Warszawa or by e-mail to  sklep@escinea.pl  or using the contact form.

9.4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of occurrence of the irregularity related to the operation of the Store.

9.5. ESCILAB Sp. z o. o. based in Warsaw undertakes, if possible, to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.

X. Privacy policy and personal data security.

10.1. The administrator of personal data provided by customers is ESCILAB Sp. z o. o. based in Warsaw.

10.2. The Store undertakes to protect personal data in accordance with applicable legal provisions in this regard, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

10.3. All information regarding the personal data administrator, the purposes of personal data processing, data recipients, the period for which the data will be stored and the rights of the data subject are detailed in the Privacy Policy located at: Privacy  Policy . By accepting the Regulations, the Customer also declares that he has read the above-mentioned Privacy Policy and the information clause contained therein within the meaning of Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

XI. Final Provisions.

11.1. Resolving any disputes arising between ESCILAB Sp. z o. o. with its registered office in Warsaw and the Customer who is a Consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

11.2.  A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at  http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service provision contract.

11.3. Resolving any disputes arising from ESCILAB Sp. z o. o. with its registered office in Warsaw and a Customer who is not a Consumer within the meaning of Art. 22[1] of the Civil Code, is submitted to the court in Warsaw.

11.4. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.

11.5. The ESCINEA® trademark and all graphic or non-graphic signs, all illustrations, images and logos as well as all content on the website  www.escinea.pl  are and will remain the exclusive property of ESCINEA Sp. z o. o. based in Warsaw or the given owner of intellectual property rights. Any total or partial reproduction, modification or use of the above trademarks, illustrations, images and logos or other content found on the indicated website, for any reason and on any medium, without the express prior written consent of ESCILAB Sp. z o. o. based in Warsaw or the given owner of intellectual property rights.

11.6. The content of the online store, in particular the Store's layout, content, graphics, logos, photos, as well as descriptions and photos of the Goods are subject to legal protection. The store does not consent to copying its content without its written consent.