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Shop terms

I. GENERAL PROVISIONS

  1. These Terms and Conditions define the rules and conditions for the provision of services by electronic means, including the use of the Store, as well as the rights, obligations, and liability conditions of the Seller and the Client. The Terms and Conditions also include information that the Seller is required to provide to the Consumer under applicable laws, including the Act of May 30, 2014 on consumer rights (Journal of Laws 2017.683 consolidated text, as amended).
  2. Each Client should read the Terms and Conditions.
  3. The Terms and Conditions are available on the Store’s website.

II. DEFINITIONS

Whenever the Terms and Conditions refer to:

Terms and Conditions: the Terms and Conditions of the Online Store;

Seller: AX Technology Sp. z o.o. Sp. K., address: ul. Szczecińska 1W, 72-003 Dobra, Poland, VAT ID: 852260511, registered in the National Court Register under number 321443772;

Client: a natural person who is over 18 years of age and has full legal capacity, a legal person, or an organizational unit without legal personality but able to acquire rights and incur obligations on its own behalf, who enters into a legal relationship with the Seller within the scope of the Store’s operation. A Client is also a Consumer if there are no separate provisions for the Consumer on a given matter;

Consumer: a Client who is a natural person entering into a legal transaction (purchase) with the Seller, not directly related to their business or professional activity;

Electronic Service: a service as defined by the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2017.1219 consolidated text, as amended), provided electronically by the Seller to the Client via the Website;

Store or Online Store or Website: the electronic service, Online Store, operated by the Seller at https://www.axmed.pl, through which the Client enters into a distance sales agreement, the parties are informed of the transaction via automatically generated email, and the agreement is fulfilled (in particular, product delivery) outside the internet;

Account: an Electronic Service, identified by a unique name (login) and password provided by the Client, a set of resources in the Seller’s IT system where data provided by the Client and information on activities within the Store are collected;

Goods or Product: goods sold in the Store and offered by the Seller;

Proof of Purchase: confirmation of the conclusion of the Agreement between the Seller and the Client, e.g. in the form of a receipt, invoice, or payment confirmation;

Agreement: a sales agreement for Goods offered by the Seller, concluded without the simultaneous physical presence of the parties, using telecommunications networks;

Delivery: a type of shipping service along with the indication of the carrier (courier company) and its cost;

Delivery Costs: fees for the delivery of Goods to the Client, specified on the page of each product offered by the Seller;

Form: a script that serves as a means of electronic communication, enabling the placement of Orders in the Store or performing other activities within the Store;

Order: a request to purchase Goods placed by the Client using electronic communication;

Newsletter: an Electronic Service, an electronic distribution service provided by the Seller via email, allowing all subscribing Clients to automatically receive periodic messages (newsletters) from the Seller, containing information about the Website, including news or promotions in the Store;

Force Majeure: an event that is sudden, unforeseeable, and beyond the control of the parties, making it impossible to fulfill the agreement in whole or in part, temporarily or permanently, which could not have been prevented or counteracted with due diligence (e.g. war, strikes, layoffs, shortages of raw materials or energy supplies, disruptions in factory operations, road blockades, extraordinary natural phenomena, epidemics, states of emergency);

Cart Value: the value of the products in the shopping cart excluding additional costs such as delivery, packaging, etc.;

Progressive Discount: a discount that changes based on the cart value;

Amount Discount: a discount converted into a percentage and rounded to two decimal places – required for accounting purposes. For example, if the cart includes two products with a total value of $100.01, and the discount is $100, it would be unclear how much each product costs individually. Therefore, the discount amount may differ slightly from the example provided;

Discount: a reduction in the price of products in accordance with the current campaign on the website. The discount does not apply to gift cards and already discounted products.

III. BASIC AND TECHNICAL INFORMATION

  1. Seller’s contact details for the Client:

AX Technology Sp. z o.o. Sp. K.
ul. Słoneczny Sad 4H, 72-002 Dobra, Poland
Email: info@axmed.pl
Phone number: +48 91 817 31 14

  1. The Seller offers the following types of Electronic Services:
  • Online Store
  • Newsletter
  • Account
  1. The Seller provides Electronic Services in accordance with the Terms and Conditions.
  2. The technical requirement for using the Store is that the Client possesses a computer or other device that allows browsing the Internet, appropriate software (including a web browser), Internet access, and a current and active email account.
  3. It is prohibited for the Client to provide unlawful content.
  4. Using the Store may involve risks typical of Internet use, such as spam, viruses, and hacker attacks. The Seller undertakes actions to counteract these risks. The Seller indicates that the public nature of the Internet and the use of services provided electronically may pose a risk of unauthorized access or modification of Client data by unauthorized persons; therefore, Clients should use appropriate technical measures to minimize the above risks, including antivirus software and identity protection tools.
  5. The agreement for the provision of free Electronic Services is concluded via the Store online. The Client may cease using the free Electronic Services at any time by leaving the Store or deleting their Client Account. In such cases, the agreement for the provision of free Electronic Services is automatically terminated without the need for additional statements from the parties.
  6. The Seller may – in addition to other cases resulting from legal regulations – process the following Client personal data necessary to establish, define the content, amend, or terminate the agreement:
  • Client’s first and last name;
  • Permanent residence address;
  • Correspondence address if different from residence address;
  • Client’s email addresses;
  • Phone number;
  • Company name and VAT ID;
  1. The Seller may, with the Client’s consent and for the purposes of advertising, market research, and analysis of Client behavior and preferences to improve the quality of services provided by the Seller, process other Client data that is not necessary for the provision of electronic services.

V. PERSONAL DATA

  1. The Seller processes personal data provided by Customers in accordance with applicable law, including 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter: “Regulation”).
  2. The Seller ensures that personal data is:
  • processed lawfully, fairly, and in a transparent manner in relation to the Customers and other data subjects;
  • collected for specified, explicit, and legitimate purposes and not further processed in a manner incompatible with those purposes;
  • adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
  • accurate and, where necessary, kept up to date;
  • stored in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed;
  • processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
  1. The Seller applies appropriate technical and organisational measures to ensure a level of security appropriate to the nature, scope, context, and purposes of the processing, as well as the risk of infringement of the rights or freedoms of natural persons.
  2. The Seller ensures access to personal data and the exercise of other rights by Customers and other data subjects in accordance with applicable data protection laws.
  3. The basis for the processing of personal data is the Customer’s consent or the occurrence of another lawful basis for processing under the Regulation.
  4. The Seller guarantees the exercise of rights by individuals whose personal data is processed, including the right to:
  • withdraw consent to the processing of personal data;
  • receive information regarding their personal data;
  • control the processing of their data, including the right to supplement, update, rectify, or delete the data;
  • object to the processing or request restriction of processing;
  • lodge a complaint with a supervisory authority and pursue other legal remedies to protect their rights.
  1. Any person who has access to personal data processes it solely on the basis of the Seller’s authorisation or a data processing agreement and solely upon the Seller’s instructions.
  2. The Seller ensures that personal data is not shared with other entities except those authorised under applicable laws, unless required by EU or Polish law.
  3. In connection with its business activities, the Seller uses services of third parties, including for the performance of contracts. Personal data may be transferred to:
  • a hosting provider,
  • internet service providers,
  • courier or postal service providers,
  • an online payment platform provider,
  • invoicing software provider,
  • providers of accounting or legal services.
    Detailed data protection practices regarding placing an order and using the store before and after placing an order are provided in the Privacy Policy.

V. ADDITIONAL INFORMATION

Account

  1. Account registration on the Store’s website is free of charge and requires the Customer to complete a registration form with specific data and make declarations regarding acceptance of the Terms, personal data processing, and receiving commercial information. A verification link will be sent to the Customer’s email address provided during registration. Logging into the Account requires the login and password chosen by the Customer. The password is confidential and should not be shared with others.
  2. The Account allows the Customer to enter or modify data, place or check Orders, and view Order history.
  3. The Account electronic service is provided free of charge for an indefinite period.
  4. The Customer may delete the Account at any time by submitting a request to the Seller via email to: info@axmed.pl or in writing to the Seller’s address: AX Technology Sp. z o.o. Sp. K., ul. Szczecińska 1W, 72-003 Dobra, Poland.

Newsletter

  1. The Newsletter service aims to deliver ordered information to the Customer.
  2. Use of the Newsletter does not require Account registration but requires providing an email address and making declarations regarding acceptance of the Terms, personal data processing, and receiving commercial information.
  3. A confirmation link will be sent to the Customer’s email address to confirm the Newsletter subscription.
  4. The Newsletter electronic service is provided free of charge for an indefinite period.
  5. The Customer may unsubscribe from the Newsletter at any time by sending a request to the Seller via email to: info@axmed.pl, in writing to: AX Technology Sp. z o.o. Sp. K., ul. Szczecińska 1W, 72-003 Dobra, Poland, or via the unsubscribe link at the bottom of each newsletter.

VI. SALE

Products

  1. All Products offered in the Store are new and free from defects. A detailed description of each Product is available on the Store’s website.
  2. Products may be covered by warranty or after-sales service. Detailed information is provided in further sections of the Terms.

Orders and Fulfillment

  1. Orders can be placed via the Order Form available on the Store’s website.
  2. Orders may be placed after registering an Account or without registration (guest checkout).
  3. The Customer must complete the Form with accurate data and choose the payment and delivery methods.
  4. The Customer provides data and makes declarations regarding acceptance of the Terms, data processing, and receiving commercial information for the purpose of order fulfillment.
  5. Orders can be placed 24/7. Orders placed on Saturdays, Sundays, or public holidays will be processed on the next business day.
  6. The Customer confirms the Order by selecting the “order with payment obligation” button. The Seller will send an Order confirmation to the Customer’s email address.
  7. Order processing time (i.e., until the Product is shipped) is up to 5 business days, counted from the moment the payment is successfully verified.
  8. To receive a VAT invoice, the Customer must provide necessary data, including the VAT ID number, no later than when placing the Order. The Seller is not liable for incorrect or incomplete data provided by the Customer.
  9. In case of the inability to fulfill the Order (e.g., force majeure), the Seller will promptly notify the Customer via email or phone. The Consumer may then cancel the Order, and any paid amounts will be refunded. In other cases, order fulfillment is postponed until the issue is resolved.

Payment

  1. All Product prices listed in the Store are gross prices in Polish zloty (including VAT). The price at the time of placing the Order is binding.
  2. Additional delivery costs (e.g., shipping, postal services) are borne by the Customer and depend on the delivery method chosen. These costs are shown during the ordering process.
  3. The Customer can choose one of the following payment methods:
  • Traditional bank transfer (prepayment): Payment is made before shipping. Processing starts after payment is credited.
  • Online payment systems (prepayment): Payment is made via an online system. Processing starts after the payment is credited.
  • Payment by card. Accepted cards:
    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  1. A purchase receipt is issued for each Product, provided as required by law.
  2. The Customer is obliged to make the payment within 7 days from the date of concluding the sales agreement, unless the selected payment method requires otherwise. If payment is not made within this time, the Seller will set an additional deadline. If it expires without effect, the Seller has the right to withdraw from the contract. If the Customer declares they will not make the payment, the Seller may withdraw immediately.

Delivery

  1. The Product is delivered to the address specified by the Customer in the Form unless agreed otherwise.
  2. Delivery is carried out by courier or postal services, based on the Customer’s choice. Postal shipments are delivered within 14 business days; courier shipments within 3 business days of dispatch.
  3. Personal pickup is available at: ul. Szczecińska 1W, 72-003 Dobra.
  4. Along with the Product, the Seller provides all accessories, user manuals, and other legally required documents.
  5. The Seller notes that:
  • Upon delivery of the Product to the Customer or carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage pass to the Customer. For Consumers, this risk transfers only upon delivery to the Consumer.
  • Accepting a shipment without reservations may void claims for shipping damage unless:
    • damage was recorded in a protocol before receipt,
    • failure to record damage was the fault of the carrier,
    • damage resulted from gross negligence or willful misconduct of the carrier,
    • hidden damage was discovered later, and the Customer requested verification within 7 days and proved it occurred during shipment.
  1. If the Customer fails to collect the Product and it is returned to the Store, they may be charged for re-shipping. The Store may store the package for 1 month. After that, its contents become the property of the Store and previous payments are non-refundable.

VII. LIABILITY

  1. Liability under warranty for defects is excluded in legal relations with Clients.
  2. The Seller is liable to the Consumer if the Goods have a physical or legal defect (statutory warranty) under the rules specified in the provisions of the Civil Code (Journal of Laws 2017.459, consolidated text, as amended) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017.683, consolidated text, as amended), including under the following principles:

A physical defect means non-conformity of the Goods with the contract. In particular, the Goods are non-conforming if:

  • The Goods do not have the properties that such goods should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
  • The Goods do not have the properties that the Seller assured the Consumer of;
  • The Goods are not suitable for the purpose the Consumer informed the Seller about when concluding the contract, and the Seller did not object to such use;
  • The Goods were delivered to the Consumer incomplete.
  1. The Goods have a legal defect if they are owned by a third party, or if they are encumbered with a third party’s right, or if the limitation on their use or disposal arises from a decision or ruling of a competent authority; in the case of the sale of rights, the Seller is also liable for the existence of the right.
  2. The Seller is liable under statutory warranty for physical defects that existed at the time the risk passed to the Consumer or resulted from a cause inherent in the Goods at that time.
  3. The Seller is released from liability under statutory warranty if the Consumer knew about the defect at the time of concluding the contract.
  4. If a physical defect is discovered within one year of the delivery of the Goods, it is presumed that the defect or its cause existed at the time the risk passed to the Consumer.
  5. The Seller is liable under statutory warranty if a physical defect is discovered within two years from the date the Goods are delivered to the Consumer, and if the Goods purchased by the Consumer are second-hand, the Seller is liable under statutory warranty if a physical defect is discovered within one year of the date of delivery.
  6. The Consumer’s rights under statutory warranty include:
  • Requesting a price reduction or withdrawal from the contract, unless the Seller immediately and without significant inconvenience to the Consumer replaces the defective item with one free of defects or removes the defect;
  • The Consumer may instead request the replacement of the Goods with defect-free ones or the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of defect-free goods, the type and significance of the defect, and the inconvenience for the Consumer are taken into account.
  1. A Consumer exercising statutory warranty rights must, at the Seller’s cost, deliver the defective item to the place specified in the contract, or if not specified, to the place where the item was delivered to them.

VIII. COMPLAINT HANDLING PROCEDURE

  1. Complaints should be submitted to the Seller in writing to the address: AX Technology Sp. z o.o. Sp. K., ul. Szczecińska 1W, 72-003 Dobra, Poland. The Client may use the complaint form available in the Store, but it is not a condition for processing the complaint.
  2. If the shipment with the Goods is damaged, missing, or defective, the Client should immediately (no later than within 7 days of receipt) file a complaint with the Seller. This action enables claims against the carrier. It is not a condition for processing a Consumer’s complaint.
  3. The complaint should contain a detailed description of the issue and the Client’s request, optionally accompanied by photographic documentation.
  4. The Seller undertakes to process the Client’s complaint within 30 days, and a Consumer’s complaint within 14 days. If the Seller fails to respond to the Consumer’s complaint within 14 days, it is deemed justified.
  5. If the complaint is accepted, the Seller will take appropriate action.
  6. There is a possibility of using out-of-court methods of complaint handling and redress in legal relations with Consumers, including:

IX. WITHDRAWAL FROM THE CONTRACT

  1. Withdrawal from the Contract by the Seller or the Client may occur under the rules specified in the Civil Code (Journal of Laws 2017.459, consolidated text, as amended).
  2. The Consumer has the right to withdraw from the Contract within 14 days of receiving the Goods.
  3. Information on the Consumer’s right of withdrawal is included in the notice available on the Store’s website.
  4. The right to withdraw from the Contract does not apply to the Consumer in the case of certain contracts, such as:
  • Service provision if the Seller has fully performed the service with the express consent of the Consumer, who was informed prior to the service that they would lose the right to withdraw once the service is completed;
  • Where the price or remuneration depends on financial market fluctuations beyond the Seller’s control, which may occur before the withdrawal deadline;
  • Goods that are non-prefabricated, manufactured according to the Consumer’s specification or personalized by the Consumer on the Seller’s website (e.g. hardware color, leash length, etc., as informed beforehand);
  • Goods that deteriorate quickly or have a short shelf life;
  • Goods delivered in sealed packaging, which cannot be returned after opening for health or hygiene reasons, if opened after delivery;
  • Goods that, after delivery, are inseparably combined with other items;
  • Alcoholic beverages, the price of which was agreed at the conclusion of the Contract, to be delivered after 30 days, and their value depends on market fluctuations beyond the Seller’s control;
  • Services for urgent repair or maintenance requested explicitly by the Consumer; if the Seller provides additional services or goods other than necessary spare parts, the right to withdraw applies only to those additional services or goods;
  • Sealed audio or video recordings or computer software, if the packaging was opened after delivery;
  • Delivery of newspapers, periodicals, or magazines, except for subscription agreements;
  • Contracts concluded at a public auction;
  • Services related to accommodation (other than for residential purposes), transport of goods, car rental, catering, leisure, entertainment, sports, or cultural events, if the contract specifies a date or period of performance;
  • Delivery of digital content not supplied on a tangible medium, if performance has begun with the Consumer’s express consent before the withdrawal deadline and after the Seller has informed them about losing the right to withdraw.
  1. The Seller will refund all payments made by the Consumer, including delivery costs, without delay and no later than 14 days after receiving the Consumer’s withdrawal declaration. The refund will be made using the same payment method used by the Consumer unless otherwise agreed and at no additional cost to the Consumer.
  2. If the Consumer selected a delivery method other than the least expensive standard option offered by the Seller, the Seller is not obliged to reimburse the additional cost.
  3. The Consumer is obliged to return the Goods with all accessories, including packaging if it is an essential part of the Goods. The Seller may withhold the refund until the Goods are received or the Consumer provides proof of return, whichever occurs first.
  4. The Consumer bears only the direct cost of returning the Goods unless the Seller agreed to cover them or failed to inform the Consumer about these costs.
  5. The Consumer is responsible for any reduction in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
  6. In the event of effective withdrawal from the Contract, the Contract is considered null and void.
  7. If the contract included a gift, the Client must return the gift as well.
  8. In the case of a partial return, if the quantity and/or value of the order no longer meet the gift criteria, the Client must return the gift.
  9. In the case of a partial return, if the quantity and/or value no longer meet discount conditions, the discount will be adjusted to match the final order value.

X. INTELLECTUAL PROPERTY

  1. The rights to the Service and its contents belong to the Seller.
  2. The website address where the Store is available and the content on https://www.axmed.pl are protected under copyright and intellectual property laws.
  3. All logos, brand names, graphic designs, videos, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc., are registered and belong to the Seller, manufacturer, or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting, or distributing any content from https://www.axmed.pl without the owner’s permission is prohibited.
  4. By submitting photos to the Store that include products purchased from the online Store, the Client declares they hold all copyrights and automatically consents to the publication of the photo on the Store’s website and its social media profiles.

XI. FINAL PROVISIONS

  1. In matters not regulated by the Terms and Conditions in legal relations with Clients or Consumers, the relevant provisions of generally applicable law shall apply.
  2. Any deviations from the Terms and Conditions require written form under pain of nullity.
  3. The competent court for resolving disputes between the Seller and the Client shall be the court having jurisdiction over the Seller’s registered office. The competent court for resolving disputes between the Seller and the Consumer shall be the court having jurisdiction under general rules (the defendant’s place of residence) or another more convenient for the Consumer (according to Articles 31–37 of the Code of Civil Procedure).
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