MIXDENT Online Store Terms and Conditions
effective from May 26, 2021
I. The terms used hereunder have the following meaning:
1. Online Shop - MIXDENT online store, available at www.MIXDENT.pl, run by the Seller.
2. Client - a natural person, legal person or an organizational unit with no legal personality but which are granted legal capacity under the law, which makes an Order.
3. Consumer - any natural person, who performs acts in law which is not directly connected with his economic or professional activity.
4. Terms and Conditions - these Terms and Conditions.
5. Party - Seller and Client.
6. The content (content) - the text, including but not limited to, information, opinions, data, image files, graphics, pictures and videos, including the songs within the meaning of the Law of Copyright and Related Rights and the images of individuals, posted and distributed by the customer or the user of MIXDENT website.
7. Goods - movable thing presented on the website.
8. Sale contract - a contract of sale of the Goods, within the meaning of the Civil Code, concluded between the Seller and the Client as a result of placing an order and its confirmation by the Seller, by electronic means of communication.
9. Seller - MIXDENT Sp. z o.o. Registered Office: Wojska Polskiego 82, 95-070 Aleksandrów Łódzki. The company is registered under the NIP No. 7322200145 (Tax Identification Number), REGON No.: 386530026 (National Business Registry Number).
10. Order - a declaration of intent made by the Client by the use of the Website, made under this Term and Conditions (Offer).
11. Price - Goods value indicated on the website of an Online Store in Polish zlotys, including the applicable value added tax (VAT).
12. The Civil Code - the Act of 23 April 1964. (Journal of Laws, 1964, No. 16, pos. 93, as amended).
II. General terms.
1. The Seller leads retail selling via the Internet through the Online Store. Seller does lead wholesale.
2. The Client may make an Order exclusively by page: http://www.mixdent.pl. The client can contact the Online Store by post (address: Wojska Polskiego 82 Street, 95-070 Aleksandrow Lodzki), via mail (address: email@example.com) or by calling Customer Service on +48 42 299 18 45 or +48 793 793 017.
3. In the event of errors occurring on the website of the Online Store, regarding particularly the price or availability of the Goods, the Seller will inform the Client of that fact and allow to change the Order.
4. The information available on the website of the Online Store does not constitute a sale offer within the meaning of the Civil Code.
5. Client is not allowed to send or post any illegal content or content that does not comply with the principles of community life.
6. Customers can get access to the present Terms and Conditions at any time and free of charge via the link found on the website.
7. Information on the Goods posted on the website, including its description and price, does not constitute a sale offer but an invitation to execute a contract within the meaning of Art. 71 of the Civil Code.
8. Prices given on the website are binding to the Parties until the Client receives an e-mail message as referred to in pt. III, paragraph 4 of these Terms and Conditions. If the price given on the website happens to be incorrect, the Client shall be informed of this fact before receiving the e-mail referred to in the first sentence.
9. The user of the website is obliged to take actions in accordance with applicable law, principles of community life and good practices, including not sending or posting any illegal content.
10. The Client is required to provide real and current data which will allow executing an Order.
11. Special offers are not a subject to additional discounts.
III. Registration and Order.
1. Client's Order shall be deemed made only if the Client:
1.1. fills the registration form placed on the website correctly and completely and accepts it form and
1.2. reads and accepts the Terms and Conditions and
1.3. fills in an Order Form available on the website correctly and completely.
2. After registration, the Client is obliged to use the username and password set during the registration process. Information about the username and password is confidential. Client is solely liable of the disclosure of the username and password to a third party.
3. Placing an order is deemed as confirmation of deliverance of information by the Seller to provide the Client with information on the main characteristics of Seller's performance with regard to the subject of the performance and the way of communicating with the Client and the total Price for Seller's performance, including taxes and transportation fees, delivery, postal services and other costs.
4. Orders can be placed 24/7 throughout the year. Placing an Order by the Client does not mean the execution of a sale contract.
5. After placing an order the Client receives an e-mail (sent to the electronic address indicated by the Client) in which the Seller confirms the receipt of an Order and the price for the ordered Goods. Receipt of the confirmation referred to in the above sentence is tantamount to signing the sale contract and is also the confirmation made by the Client that they know the order entails the obligation to pay the price indicated in the e-mail referred to in the preceding sentence.
IV. The technical requirements necessary to support the Seller's ICT system.
V. Delivery of Goods.
1. The Seller delivers the ordered goods shipment via the company DPD with the Head Office in Warsaw, Mineralna 15 Street. Shipment cost, in case the payment is made by bank transfer or cash on delivery, incurred by the Client are set as follows:
1.1. Delivery on Polish territory.
1.1.1. Payment by bank transfer:
For orders up to 300 PLN gross - DPD Courier. 12,99 PLN gross cost of shipping. This applies to parcels weighing up to 30 kg.
For orders above 300 PLN gross - DPD Courier. FOC. The costs of the shipment are incurred by MIXDENT. This applies to parcels weighing up to 30 kg.
1.1.2. Cash on delivery:
For orders up to 300 PLN gross - DPD Courier. 16,99 PLN gross cost of shipping. This applies to parcels weighing up to 30 kg.
For orders above 300 PLN gross - DPD Courier. 4,00 PLN gross cost of shipping. This applies to parcels weighing up to 30 kg.
1.2. Delivery in the European Union.
1.2.1. Payment by bank transfer:
For orders up to 500 EUR - DPD Courier. Shipping cost depends on the country of destination and applies to parcels weighing up to 30 kg.
For orders above 500 EUR - DPD Courier. DPD Courier. FOC. The costs of the shipment are incurred by MIXDENT. This applies to parcels weighing up to 30 kg.
2. Ordered goods shall be delivered to the address indicated in the Order by the Client.
3. Delivery Goods ordered may take from 1-7 working days from the receipt of the confirmation of the Order.
4. In the event of significant differences in the execution of the order or packaging and delivery of specific goods consisting a single order, the Seller may solely choose to divide the Order into smaller consignments. In this case, the overall cost of delivery specified when placing an Order does not change, and is separated into individual shipment only. In the case of cancellation of the part of the Order, the adjustment of the costs applies only to the undelivered part of the Order.
VI. Payment methods
Price for Goods and delivery costs should be paid by the Client as follows:
1. Delivery on Polish territory.
1.1. Payment by bank transfer:
Bank account number (PLN):
Alior Bank S.A.
PL 72 2490 0005 0000 4520 4837 0198
1.2. Cash On Delivery, upon receipt of the Goods. In the case of COD payments and orders in excess of 2.000 PLN gross, the Client may be asked to pay an advance payment of minimum of 50% of the Price of the Order to give proof of its credibility. Goods are shipped after the receipt of the advance payment and its recognition on MIXDENT bank account. The difference between the contract price and the advance payment is the amount payable on delivery.
2. Delivery in the European Union.
2.1. Payment by bank transfer:
|Bank accounts: SWIFT ALBPPLPW|
|CURRENCY||BANK ACCOUNT NUMBER|
|PLN||PL 72 2490 0005 0000 4520 4837 0198|
|EUR||PL 94 2490 0005 0000 4600 8118 6764|
|CZK||PL 27 2490 0005 0000 4600 4656 5469|
|GBP||PL 97 2490 0005 0000 4600 2900 0807|
VII. Complaint procedure.
1.1. In case of the defect of the Goods being revealed, the Client who is a Consumer may, at its discretion, use either a manufacturer's warranty or where consumer goods is not conformant with the contract and exercise the rights under the Act of 30 May 2014 on consumer rights (Journal of Laws, 2014 pos. 827).
1.2. In case of the defect of the Goods being revealed, the Client who is not a Consumer may use only the manufacturer's warranty. The parties exclude the possibility of Implied Warranty.
2. If the Client exercises the right of the warranty, the claim should be directed to the warrantor specified in the warranty card. When exercising the powers of non-compliance of the Goods with the contract under the Act of 30 May 2014. On consumer rights (Journal of Laws, 2014 pos. 827) and the Civil Code the Client should direct a complaint to the Seller.
3. The complaint should be submitted in writing or by e-mail: firstname.lastname@example.org and should include the customer's data, address, order number and a description of the non-compliance of the Goods with the contract.
4. Seller shall consider the complaint within 21 days from the date of its receipt by replying in writing or by electronic means of communication.
5. Polish law is applicable to the complaint considering Goods purchased under this Terms and Conditions.
6. The Client should examine the state of the parcel containing the product upon its receipt. In case of mechanical damage of the contents of the shipment, incomplete Goods, its non-conformity with the Order, the Client is obliged to make a damage report in the presence of the courier and notify the Seller about aforementioned.
VIII. Termination of the contract.
1. In accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws, 2014 pos. 827) (the "Act"), Client who is a consumer is entitled to withdraw the contract of sale within 14 days from the date of which the Client came into the possession of the thing (in case of a contract providing for the transfer of ownership).
2. Detailed information on exercising the right of withdrawal and its consequences is contained in a Notice of cancellation which is an Appendix 1 to this Terms and Conditions.
3. The customer may cancel the contract by submitting a written statement of withdrawal to the Seller. The statement may be submitted on the form which is an Appendix 2 to this Terms and Conditions. To meet the deadline for the withdrawal it is enough to send a statement before the deadline referred to in paragraph 1 VIII.
4. The right of withdrawal is not entitled to the customer in cases specified in Art. 38 of the Act. The Client is not entitled to this right, among others, in relation to the contract in which the subject of the performance (the Goods) is the thing delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons if the packaging is opened after the delivery of Goods. This in particular applies to dressings, sterile products, hygienic and cosmetic products in particular.
5. In the event of withdrawal the contract is considered not executed. The parties are obliged to
return anything they have received from the other party in performance of the contract. The Client shall be liable for any diminished value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of a thing.
6. The Client should return the Goods to the Seller immediately but not later than 14 days from the date of withdrawal of the contract. Goods returned by the Client should be packed in such a way that shall prevent any damage during transport of Goods to the Seller. Cost of Goods packaging the Goods shall be borne by the Client.
7. Goods should be returned in with complete equipment, accessories and documents given to the Client and sent to the address of the Seller (Wojska Polskiego 82 Street, 95-070 Aleksandrów Łódzki) at the expense of the Client.
8. The Client, with the consent of the Seller, may, within 14 days from the date of receipt of the Goods to make its replacement with other Goods. Exchanged merchandise must have the original and undamaged manufacturer's packaging, complete equipment and accessories, cannot exhibit no evidence of wear. In case of replacing the Goods, the Price paid for the primary Goods will be offset against the price of newly ordered Goods and any difference will be returned to the Client by the Seller.
IX. Seller's liability
1. The Seller is not responsible for technical problems or limitations occurring on the hardware, terminal device, the ICT system and telecommunications infrastructure the Client uses which forecloses the correct use of the Online Store.
2. The Seller is not responsible for:
2.1. The loss of data caused by the Customer's hardware and computer system failure or other circumstances resulting from reasons not attributable to the Seller,
2.2. The effects of the use of the website by the Client in a manner inconsistent with applicable law, the provisions of this Terms and Conditions or adopted customs,
2.3. The transfer rate, bandwidth capacity and associated restrictions, which are the result of circumstances of a technical nature, technology and infrastructure, resulting from causes not attributable to the Seller,
2.4. Website content is not published by the Seller.
2.5. For the unavailability of the website due to force majeure, Client's behavior, and others.
3. The Seller also reserves the possibility of suspension or termination of services in the Online Store due to the need for maintenance, overhaul and expansion of the technical base.
X. Disputes between the Parties.
1. Settlement of any disputes arising between the Seller and the Client, who is a Consumer shall be subjected to the courts competent in accordance with the relevant provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Seller and the Customer who is not a consumer is subjected to a court with jurisdiction over the seat of the place of residence of the applicant party as plaintiff.
1. Content posted on the website is protected by copyright and may not be amended and supplemented, unless the website owner has given his written consent. Website Content may not be duplicated, distributed or published in violation of the Law on Copyright and Related Rights.
2. Trademarks, logos, product images and art pieces placed on the website of the Online Store are the property of their respective owners and are used for informational purposes only and cannot be used without permission of their respective owners.
XII. Personal data protection.
1. Making a purchase in the Online Shop is deemed as Client's consent to put his personal data in the database Online Shop and processed solely for the purpose of the contract, as well as to inform about new products and promotions.
2. Client's personal data is protected in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws 2002, No. 101, item 926 as amended) to prevent the access by third parties.
3. The administrator of the database is MIXDENT Sp. z o.o. ul. Wojska Polskiego 82, 95-070 Aleksandrów Łódzki.
4. The Client may, at any time, inspect their personal data, modify them and request its removal.
XIII. Final Provisions.
1. Recognition of individual provisions of these Terms and Conditions to be invalid or unenforceable shall not affect the validity and enforceability of the remaining provisions hereof. In place of the invalid or ineffective provision will then apply the rule, which is closest to the objectives of the invalid or ineffective provisions of these Terms and Conditions.
2. All matters not addressed to herein shall be governed by the provisions in force in the Republic of Polish law, in particular the Civil Code, the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002, No. 144, item . 1204, as amended.) and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, pos. 827).
3. The Terms and Conditions take effect on May 26, 2021.