TERMS AND CONDITIONS OF THE ONLINE SHOP

MEDICALSERVICETEAM.COM

TABLE OF CONTENTS

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

3. TERMS AND CONDITIONS FOR CONCLUDING A SALES AGREEMENT

4. METHODS AND DATES FOR PAYMENT FOR THE PRODUCT

5. COSTS, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

6. THE COMPLAINT PROCEDURE

7. THE OUT-OF-COURT COMPLAINT AND CLAIM DAMAGES PROCEDURES AND THE RULES OF ACCESS TO THOSE PROCEDURES

8. THE RIGHT OF WITHDRAWAL

9. PROVISIONS CONCERNING TRADERS

10. OPINIONS ON PRODUCTS

11. FINAL PROVISIONS

12. SPECIMEN OF WITHDRAWAL FORM

GENERAL PROVISIONS

The Online Shop, available at the Internet address www.medicalserviceteam.com, is operated by Medical Service Team registered in the Register of Companies of the Kingdom of the Netherlands under No. KVK 81570724, having the business address and address for service: Craenakker 23, 5951CC Belfeld, the Netherlands, Vestigingsnr (Dutch Tax ID No.) 000047853042, tax identification number UENL003577509B90, e-mail address: info@medicalserviceteam.com, phone number: +48 600 100245.

These Terms and Conditions are addressed to both consumers and traders using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.

The Administrator of the personal data processed in the Online Shop in relation to the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the Privacy Policy published on the website of the Online Shop. The Privacy Policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Online Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Service Recipient or Client using the Online Shop is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of an agreement and statutory obligations of the Seller).

Definitions:

WORKING DAY - one day from Monday to Friday excluding public holidays.

REGISTRATION FORM - a form available in the Online Shop for creating an Account.

ORDER FORM - Electronic Service, interactive form available in the Online Shop which allows the Order to be placed, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment..

CLIENT - (1) a natural person with full capacity to enter into legal transactions, and in cases provided for by generally applicable laws, also a natural person with limited capacity to enter into legal transactions; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law - who has entered into or intends to enter into a Sales Agreement with the Seller.

CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

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

NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider by e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical contents of successive editions of a newsletter containing information on Products, news and promotions in the Online Shop.

PRODUCT - (1) a movable item (including a movable item with digital elements, i.e. containing or connected to digital content or a digital service in such a way that the absence of the digital content or service would prevent its proper functioning), (2) digital content, (3) a service (including a digital and non-digital service) or (4) a right which is the subject of a Sales Agreement between the Client and the Seller.

TERMS AND CONDITIONS - these Terms and Conditions of the Online Shop.

ONLINE SHOP - the Provider's online shop available at the following web address: www.medicalserviceteam.com.

SELLER; SERVICE PROVIDER – MEDICAL SERVICE TEAM registered in the Register of Companies of the Kingdom of the Netherlands under No. KVK 81570724, having the business address and address for service: Craenakker 23, 5951CC Belfeld, the Netherlands, Vestigingsnr (Dutch Tax ID No.) 000047853042, tax identification number UENL003577509B90, e-mail address: info@medicalserviceteam.com, phone number: 600 100245.

SALES AGREEMENT - an agreement for the sale of a Product (in the case of movable items and movable items with digital elements), (2) an agreement for the provision of a Product (in the case of digital content or a digital service), (3) an agreement for the provision or use of a Product (in the case of a non-digital service and other Products) concluded or entered into between the Client and the Seller via the Online Shop.

ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Online Shop and which is not a Product.

SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by a law, using or intending to use an Electronic Service.

CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

ORDER - Client's declaration of will submitted via the Order Form and aiming directly at the conclusion of a Product Sales Agreement with the Seller.

ELECTRONIC SERVICES IN THE ONLINE SHOP

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

Account - the use of an Account is possible after the Service Recipient completes two sequential steps - (1) fills in the Registration Form, (2) clicks the "Register" box. In the Registration Form, it is necessary for the Service Recipient to provide the following data: e-mail address and password.

The Electronic Account Service is provided free of charge for an indefinite period of time. The Service Recipient has the possibility, at any time and without giving any reason, to delete the Account (to resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: info@medicalserviceteam.com or in writing to the address: Craenakker 23, 5951CC Belfeld, the Netherlands.

Order Form - the use of the Order Form starts from the moment the Client adds the first Product to the electronic shopping basket in the Online Shop. The Order is placed when the Client completes a total of two sequential steps - (1) completing the Order Form and (2) clicking the "I buy and pay" box on the Online Shop website after completing the Order Form - until this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Client to provide the following details concerning the Client: given name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact phone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Clients who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).

The Electronic Order Form Service is provided free of charge and is a one-time service that terminates when an Order is placed through it or when the Service Recipient discontinues placing an Order through it in advance.

Newsletter - using the Newsletter shall take place upon providing in the "Newsletter" tab visible on the Online Shop website the e-mail address to which the following editions of the Newsletter are to be sent and clicking the                      "Subscribe" box. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when creating the Account - upon creating the Account the Service Recipient is subscribed to the Newsletter..

The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Service Recipient has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (to resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: info@medicalserviceteam.comlub or in writing to the address: Craenakker 23, 5951CC Belfeld, the Netherlands.

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

The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with the actual status. The Service Recipient is prohibited from providing unlawful information.

The complaint procedure relating to the Electronic Services is specified in Section 6 of the Terms and Conditions.

TERMS AND CONDITIONS FOR CONCLUDING A SALES AGREEMENT

The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client has placed an Order using the Order Form in the Online Shop in accordance with section 2.1.2 of the Terms and Conditions.

The price of the Product displayed on the website of the Online Shop is given in Polish Zloty and includes taxes. The Client is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Client is informed on the website of the Online Shop during the process of placing an Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.

Procedure for the conclusion of a Sales Agreement in the Online Shop using the Order Form

The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client has placed an Order in the Online Shop in accordance with section 2.1.2 of the Terms and Conditions.

After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Client a relevant e-mail message to the e-mail address provided by the Client during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.

The content of the concluded Sales Agreement shall be recorded, secured and made available to the Client by (1) making these Terms and Conditions available on the website of the Online Shop and (2) sending the Client the e-mail message referred to in section 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Shop.

METHODS AND DATES FOR PAYMENT FOR THE PRODUCT:

4.1 The Seller shall make available to the Client the following methods of payment for the Sales Agreement:

Payment in cash in case of personal collection.

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

Electronic and credit card payments by PayPal.com/pl - possible current payment methods are specified on the website of the Online Shop in the information tab concerning payment methods and on the website https://www.paypal.com/pl/.

Settlement of electronic payment and payment card transactions is carried out at the Client's choice by PayU.pl. Handling of electronic payments and payment cards is provided by:

PayPal - The company PayPal (Europe) S.a r.l. et Cie, S.C.A., 5th floor 22-24 Boulavard Royal, L-2449 Luxembourg, Grand Duchy of Luxembourg, Trade register number: R.C.S. Luxembourg B 118 349, VAT number: LU22046007.

Dates for payment:

If the Client chooses to pay by bank transfer, electronic payment or payment card, the Client is obliged to make the payment within 7 calendar days of the conclusion of the Sales Agreement.

If the Client chooses payment or cash payment in case of personal collection, the Client is obliged to make payment upon delivery of the package.

COSTS, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

Delivery of the Product is available in the territory of the Republic of Poland and outside its borders.

Delivery of the Product to the Client is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transport, delivery and postal services fees) are indicated to the Client on the web pages of the Online Shop in the information tab concerning delivery costs and during the Order placement, including at the moment of expressing the Client's will to be bound by the Sales Agreement.

Personal collection of the Product by the Client is free of charge.

The Seller shall make available to the Client the following methods of delivery or collection of the Product:

Courier delivery.

Personal collection available at: Craenakker 23, 5951CC Belfeld, The Netherlands:

on Business Days, between 08:00 a.m. and 08:00 p.m.

on Saturdays, between 08:00 a.m. and 04:00 p.m.

Outside the hours indicated in sections 5.4.2.1. and 5.4.2.2. of the Terms and Conditions after prior phone contact with the Seller.

Urgent delivery directly by the Seller when agreed between the Client and the Seller.

The deadline for delivery of the Product to the Client within the territory of the Republic of Poland is up to 7 Business Days, unless a shorter deadline is indicated in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery deadline shall be the longest date given, which shall not, however, exceed 7 Business Days. The start of the period for delivery of the Product to the Client is calculated as follows:

If the Client chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

The deadline for delivery of the Product to the Client outside the Republic of Poland is up to 5 Business Days, unless a shorter deadline is specified in the description of the Product or during the Order placement process. In the case of Products with different delivery dates, the delivery deadline shall be the longest specified date, which shall not, however, exceed 5 Business Days. The start of the period for delivery of the Product to the Client is calculated as follows:

If the Client chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

Product readiness for collection by the Client - If the Client has chosen to receive the Product in person, the Product shall be ready for collection by the Client within 1 Business Day, unless a shorter deadline is specified in the Product description or during Order placement. In the case of Products with different dates of readiness for collection, the deadline for readiness for collection shall be the longest specified date, which may not, however, exceed 1 Business Day. The Client will additionally be informed by the Seller about the readiness of the Product for collection. The start of the deadline for the Product to be ready for collection by the Client is calculated as follows:

If the Client chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.

THE COMPLAINT PROCEDURE

This section 6 of the Terms and Conditions defines the complaint procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the functioning of the Seller or the Online Shop.

A complaint may be made, for example:

6.2.1. in writing to: Craenakker 23, 5951CC Belfeld, the Netherlands;

6.2.2. in electronic form by e-mail to: info@medicalserviceteam.com

The sending or return of the Product within the complaint may be made to: Craenakker 23, 5951CC Belfeld, The Netherlands.

It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the nature and date of the irregularity or non-conformity with the agreement; (2) the demand for the manner of bringing the complaint into conformity with the agreement or the statement of price reduction or withdrawal from the agreement or other claim; and (3) contact details of the complainant - this will facilitate and speed up the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

If the contact details provided by the complainant change during the complaint procedure, the complainant is obliged to notify the Seller.

The complainant may attach evidence to the complaint (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g. photos) if it facilitates and speeds up the processing of the complaint by the Seller.  

The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

The basis and scope of the Seller's statutory liability are set forth by generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). Additional information regarding the Seller's liability for the conformity of the Product with the Sales Agreement, as provided by law, is indicated below:

In the case of a Product complaint - a movable item - purchased by the Client on the basis of a Sales Agreement concluded with the Seller until 31 December 2022 shall be determined by the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller's liability towards the Client if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Client who is not a consumer is excluded.

In the case of a Product complaint - a movable item (including a movable item with digital elements), excluding, however, a movable item which only serves as a carrier of digital content - purchased by the Client on the basis of a Sales Agreement concluded with the Seller from 1 January 2023 onwards shall be determined by the provisions of the Consumer Rights Act in the wording in force from 1 January 2023 onwards, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer in the case of non-compliance of the Product with the Sales Agreement.

In the case of a Product complaint - a digital content or service or a movable item that only serves as a carrier of digital content - purchased by the Client on the basis of a Sales Agreement concluded with the Seller from 1 January 2023 onwards or before that date, if the delivery of such a Product was to take place or took place after that date, shall be determined by the provisions of the Consumer Rights Act in the wording in force from 1 January 2023 onwards, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer in the case of non-compliance of the Product with the Sales Agreement.

In addition to the statutory liability, a guarantee may be granted for the Product - this is a contractual (additional) liability and can be exercised when the Product is covered by the guarantee. The guarantee may be provided by an entity other than the Seller (e.g. by a manufacturer or distributor). Detailed terms and conditions of liability under the guarantee, including details of the entity responsible for the implementation of the guarantee and the entity entitled to make use of it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller points out that in the case of non-conformity of the Product with the agreement, the Client is entitled to legal remedies by and at the expense of the Seller and that the guarantee does not affect these remedies.

The provisions contained in sections 6.8.2. and 6.8.3. of the Terms and Conditions regarding the consumer shall also apply to a Client who is a natural person concluding an agreement  directly related to his/her business activity, if it follows from the content of this agreement 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.

THE OUT-OF-COURT COMPLAINT AND CLAIM DAMAGES PROCEDURES AND THE RULES OF ACCESS TO THOSE PROCEDURES

The methods of out-of-court dispute resolution include (1) enabling the parties to bring their positions closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (conciliation court). Detailed information on the possibility for a Client who is a consumer to make use of out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search tool of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at the following address: https://polubowne.uokik.gov.pl/.

There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. The consumer may contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a Provincial Inspector; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (the hotline is open on working days, from 8:00 am to 6:00 pm, call charge as per operator's fees).

At http://ec.europa.eu/odr, a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service agreement (for more information, see the website of the platform itself or the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

THE RIGHT OF WITHDRAWAL

A consumer who has concluded a remote agreement may, within 14 calendar days, withdraw from the agreement without stating a reason and without incurring costs, except for the costs set out in section 8.8 of the Terms and Conditions. Sending the statement before its expiry is sufficient to meet the deadline. A statement of withdrawal from an agreement may be made, for example:

in writing to: Craenakker 23, 5951CC Belfeld, the Netherlands;

electronically by e-mail to: info@medicalserviceteam.com.

Return of the Product - movable items (including movable items with digital elements) within the withdrawal from the agreement may take place at the address: Craenakker 23, 5951CC Belfeld, the Netherlands.

A sample withdrawal form is included in Annex No.2 of the Consumer Rights Act and is additionally available in section12 of the Terms and Conditions. The consumer may use the sample form, but this is not obligatory.

The period for withdrawal from the agreement shall commence:

for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - from the taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of an agreement which: (1) includes multiple Products which are delivered separately, in lots or in parts - from taking possession of the last Product, lot or part or (2) consists in the regular delivery of Products for a fixed period - from taking possession of the first Product;

for other agreements - from the date of conclusion of the agreement.

In the event of withdrawal from a remote agreement, the agreement shall be deemed not to have been concluded.

Products - movable items, including movable items with digital elements:

The Seller shall be obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the agreement, all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided evidence of its return, whichever event occurs first.

In the case of Products - movable items (including movable items with digital elements) - the consumer shall be obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he or she has withdrawn from the agreement, or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry.

The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

Products - digital contents or services:

In the case of withdrawal from an agreement for the provision of a Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except content which: (1) are only useful in relation to the digital content or digital service that formed the subject matter of the agreement ; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. With the exception of the cases referred to in sections (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer the contents, other than personal data, which have been provided or created by the consumer during the use of the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further use of the digital contents or digital service, in particular by preventing the consumer from accessing the digital contents or digital service or by blocking the user account, which shall not affect the consumer's rights referred to in the previous sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

In the case of withdrawal from an agreement for the provision of a Product - digital content or service, the consumer shall be obliged to stop using that digital content or service and making it available to third parties.

Any possible costs associated with the withdrawal from the agreement by the consumer, which the consumer is obliged to bear:

In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

In the case of Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product. For Products that cannot be sent back in the usual way by post (bulky items), the consumer may incur higher costs for their return, according to the following example price list of one of the carriers: https://dhl24.com.pl/paczka?gad=1&gclid=CjwKCAjw-IWkBhBTEiwA2exyOx3q_9mcrcQa3Co6BnPkN4GBzoKkq39F0tF9pHFZX2_pX_s7fQSrBoChNAQAvD_BwE&gclsrc=aw.ds.

In the case of a Product - service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the agreement. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of what has been provided.

The consumer has no right of withdrawal from a remote agreement in respect of agreements:

(1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the agreement; (3) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured to the consumer's specification or serving to satisfy his/her individualised needs; (4) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - which is liable to deteriorate or has a short shelf life; (5) in which the object of the performance is a Product - a movable item (including a movable item with digital elements) - delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery; (6) in which the object of the performance is a Product - a movable item (including a movable item with digital elements) - which, once delivered, by its nature, becomes inseparable from other movable items, including movable items with digital elements; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides services in addition to those requested by the consumer or supplies Products - movable items (including movable items with digital elements) - other than the spare parts necessary for the repair or maintenance, the consumer has the right of withdrawal with regard to the additional services or; (9) in which the subject matter of the performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription agreement; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement  specifies the date or period of performance; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the commencement of performance that after the Seller's performance he will lose the right of withdrawal, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Act on Consumer Rights; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to the consumer's home for repair and the service has already been fully performed with the express and prior consent of the consumer.

The consumer provisions contained in this section 8 of the Terms and Conditions shall also apply for agreements concluded from 1 January 2021 onwards to a Service Recipient or a Client who is a natural person concluding an agreement directly related to his/her business activity, if it follows from the content of this agreement 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.

PROVISIONS CONCERNING TRADERS

This section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Client or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that date onwards, who is not also a natural person entering into an agreement  directly related to his/her business activity, where it is apparent from the content of that agreement that it is not of a professional nature for that person, arising 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.

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 take place without giving any reason and does not give rise to any claims on the part of the Client against the Seller.

The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement shall be excluded.

The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part and irrespective of the payment method chosen by the Client and the fact of concluding the Sales Agreement.

The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient an appropriate statement.

The liability of the Service Provider/Seller towards the Service Recipient/Client, irrespective of its legal basis, is limited - both within a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than to the amount of one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Service Recipient/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Client for typical damages foreseeable at the time of conclusion of the agreement  and shall not be liable for lost profits. The Seller shall also not be liable for the delay in delivery of the shipment.

Any disputes arising between the Seller/Service Provider and the Client/Service Recipient shall be submitted to the court having jurisdiction of the registered seat of the Seller/Service Provider.

OPINIONS ON PRODUCTS

The Seller shall allow its Clients to issue and access opinions about the Products and the Online Shop as indicated in this section of the Terms and Conditions.

The Client may give an opinion on a Product or on the Online Shop using a feedback form. This form can be made available directly on the website of the Online Shop (including by means of an external widget) or can be made available by means of an individual link received by the Client after the purchase to the e-mail address provided by the Client. When adding an opinion, the Service Recipient may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.

An opinion on a Product may be issued only for the Products actually purchased from the Seller's Online Shop and by the Client who purchased the reviewed Product. It is prohibited to conclude fictive or apparent Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Client of the Online Shop.

Adding opinions by Clients may not be used for illegal activities, in particular for activities that constitute an act of unfair competition or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Client is obliged to act in accordance with the law, these Terms and Conditions and good manners.

Opinions may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).

The Seller shall ensure that published reviews of the Products come from its Clients who have purchased the Product. To this end, the Seller shall take the following steps to verify that the opinions come from its Clients:

Publication of an opinion issued using a form available directly on the website of the Online Shop requires prior verification by the Seller. Verification consists in checking the compliance of the opinion with these Terms and Conditions, in particular checking whether the person giving an opinion is a client of the Online Shop - in this case the Seller checks whether the person has made a purchase at the Online Shop, and in the case of an opinion on a Product, additionally checks whether they have purchased the reviewed Product. Verification takes place without undue delay.

The Seller sends its Clients (including by means of an external service collecting opinions with which it cooperates) an individual link to the e-mail address provided by the Client during purchase - in this way, access to the feedback form is granted only to the Client who purchased the Product in the Online Shop.

In the case of doubts of the Seller or objections directed to the Seller by other Clients or third parties as to whether a given opinion comes from a Client or whether a given Client has bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Client of the Online Shop or has purchased the Product subject to the opinion.

Any comments, appeals against the verification of an opinion, or objections as to whether a given opinion comes from the Client or whether a given Client has purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.

The Seller shall not post or cause to be posted by another person any untrue opinions or recommendations of the Clients and shall not distort the opinions or recommendations of the Clients in order to promote its Products. The Seller shall make available both positive and negative opinions. The Seller does not provide sponsored opinions.

 FINAL PROVISIONS

The agreements concluded via the Online Shop are concluded in the Polish language.

These Terms and Conditions do not exclude provisions in force in the country of habitual residence of the consumer concluding an agreement  with the Service Provider/Seller which cannot be excluded by an agreement. The Service Provider/Seller shall in such a case guarantee the consumer the protection afforded to him/her on the basis of provisions that cannot be excluded by an agreement.

Amendment of the Terms and Conditions:

The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the provisions of law; changes to the methods or dates of payment or delivery, being subject to legal or regulatory obligations; changes to the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/ Clients from fraud, malware, spam, data breaches or other cyber security threats - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without complying with the 15 day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms and Conditions in such a way that it is unable to comply with the 15-day notification period; or (2) needs to amend its Terms and Conditions on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Clients from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, the implementation of changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, of which the Service Provider shall be notified in each case.

In the case of agreements of a continuing nature (e.g. provision of an Electronic Service - Account), the Service Recipient has the right to terminate the agreement with the Service Provider prior to the expiry of the notification period of the proposed changes. Such termination shall take effect within 15 days of receipt of the notification. In the case of a continuous agreement, the amended Terms and Conditions shall be binding on the Service Recipient if the Service Recipient has been duly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the agreement  during this period. In addition, at any time after receipt of the notification of the changes, the Service Recipient may accept the changes being made and thereby waive the continuation of the notification period. In the case of the conclusion of an agreement  of a nature other than a continuing agreement, the amendments to the Terms and Conditions shall in no way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions; in particular, the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Agreements already concluded, executed or performed.

In the case that an amendment to the Terms and Conditions would result in the introduction of any new charges or an increase of the current ones, the consumer shall have the right to withdraw from the agreement.

The Seller, as an equipment distributor within the meaning of Article 4(2) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended), informs as follows:

Placing waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste is prohibited. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.

The seller is obliged to accept waste equipment coming from households at its points of sale free of charge, provided that the used equipment is of the same type and has fulfilled the same functions as the sold equipment.

The Seller, while supplying the Client with equipment designed for households, shall be obliged to collect used household equipment free of charge at the place of delivery of such equipment, provided that the used equipment is of the same type and performed the same functions as the supplied equipment. Willingness to deliver waste equipment to the Seller in the aforementioned case should be notified in electronic form by e-mail to the address: info@medicalserviceteam.com.

Waste equipment handed over to the Seller should be complete and properly prepared for shipment, in a manner enabling its safe transport. The Seller is entitled to refuse to accept waste equipment if, due to its contamination, it poses a threat to health or life of the Seller or persons authorised to accept waste equipment.

Information about examples of waste equipment collection points throughout the country is available by using the search engine located in the register of entities - BDO at the following website: https://rejestr-bdo.mos.gov.pl/.

Pursuant to the Batteries and Accumulators Act of 24 April 2009 (Journal of Laws 2009.79.666, as amended), the Seller shall accept waste batteries (within the meaning of the Batteries and Accumulators Act) and waste accumulators (within the meaning of the Batteries and Accumulators Act) from the Client who is an end-user within the meaning of the Batteries and Accumulators Act.

In any matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.

 SPECIMEN OF WITHDRAWAL FORM
(ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)

Specimen of Withdrawal Form
(This form must be completed and returned only if you wish to withdraw from the agreement)

–    Addressee:

MEDICAL SERVICE TEAM
Craenakker 23, 5951CC Belfeld, Netherlands
medicalserviceteam.com
info@medicalserviceteam.com

–    I/We(*) hereby give notice(*) of my/our withdrawal from the sales agreement for the following goods(*) the supply agreement for the following goods(*) the agreement for the performance of the following goods(*)/the agreement for the provision of the following services (*)

- Date of conclusion of the agreement(*)/collection(*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is sent on paper)

- Date

(*) Delete where not applicable.