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Terms and Conditions

Terms and Conditions

Version effective from: 01.07.2024 r.

General provisions
Definitions
Terms of Use for the Online Shop
Services
The Conclusion Procedure for the Sales Agreement
Delivery
Prices and methods of payment
The right to withdraw from the Agreement
Complaints regarding Goods under warranty
Complaints for electronic services
Guarantees
Out-of-court methods of settling complaints and redress
Protection of personal information
Final Provisions

I. GENERAL PROVISIONS

1. These Terms and Conditions specify the general conditions and ways of provision of Services electronically and selling via the Online Shop quantumpmu.com. The Shop is operated by Filip Drążkiewicz, conducting business activity under the business name QUANTUM Filip Drążkiewicz, entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Economy, with its registered office in Stawy 5 street, 02-467 Warszawa Poland, Taxpayer Identification (NIP) Number: 6342370944, National Official Register of Business Entities (REGON) Number: 146345912, BDO 000563801 hereinafter referred to as the Seller.
2. The Seller may be contacted by:

email: contact@quantumpmu.com
phone: +48 732 083 333.

3. These Terms and Conditions are always available at the website quantumpmu.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
4. The Seller informs that taking advantage of Services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Customers' data by unauthorised persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.
5. The Vendor has designated a single point of contact for contacting Customers, the authorities of the Member States of the European Union, the European Union Commission and the Digital Services Board referred to in the DSA Regulation. Communication at the point point takes place at the e-mail address indicated in subsection 2 above, in Polish and English.

II. DEFINITIONS

The terms used in these Terms and Conditions shall have the following meaning:

Business Days – these shall be the days from Monday to Friday, excluding public holidays;
Client – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity, who places an Order as part of the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
Content – publicly available content added by the Seller by Customers through the functionality of the Online Store;
Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
Customer – Client who is customer within the meaning of the provisions of Article 43[1] of Civil Code;
Entrepreneur - the Customer being an entrepreneur within the meaning of the provisions of Article 43[1] of Civil Code;
Terms and Conditions – this document;
DSA Regulation - Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act);
Goods – the product presented in the Online Shop, with its description available with each of the presented products;
Sales Agreement – a Sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, No. 827);
Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
Act on medical devices – the Act of 20 May 2010 on medical devices (Journal of Laws of 2010, No. 107, item 679, as amended);
Medical device – a device within the meaning of Article 2(1)(38) of the Act on medical devices;
Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.

III. TERMS OD USE FOR THE ONLINE SHOP

1. The Online Shop may be accessed if the IT equipment used by the Client meets the following minimum technical requirements:

a computer or a mobile device with access to the Internet,
access to electronic mail,
a browser Internet Explorer - version 11 or newer, Firefox - version 28.0 or newer, Chrome - version 32 or newer, Opera - version 12.7 or newer, Safari - version 1.1 or newer,
Cookies and Javascript turned on in the web browser.

2. Using the Online Shop shall mean every activity of the Client which familiarizes him with the Shop content.
3. The Client shall be obliged in particular:

not to provide or transmit content prohibited by law, such as content that promotes violence, defamatory or violating personal rights, copyrights and other rights of third parties,
to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices,
not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop,
to use the Online Shop so as not to disturb other Clients and the Seller,
to use all the content within the Online Shop solely for one’s own personal purposes,
to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.

4. The Seller may voluntarily undertake actions to check the Content added by Customers, in particular for for compliance with subsection 3 above.
5. The vendor, when undertaking verification activities, does not use algorithmic decision-making. All decisions made by the Vendor regarding the Account result from a human review.
6. The Seller allows Customers to report Content (hereinafter: "Submission") that violates, in particular, Subparagraph 3. above, including in particular content that violates the provisions of Polish and European Union law.
7. The customer can make an Application via e-mail at the following address contact@quantumpmu.com.
8. If the Application contains electronic contact information of the Customer who made the Application, the Seller, without undue delay, shall send the Customer an acknowledgement of receipt of the Submission.
9. The Seller, after performing the verification activities referred to in subsection 4 above, or after receiving the Application from the Customer, shall make a decision on the reported Account within 14 days from the date of receipt of the Application.
10. The decision referred to in subsection 9 above (hereinafter the "Decision") may consist of:

Restricting the visibility or deleting the Account to which the Application pertained;
Suspension or termination of the Account of the Customer who added the Account to which the Application relates.

11. Seller, makes the Decision in a timely, non-arbitrary, objective manner and with due diligence.
12. The Seller shall, without undue delay, inform the Customer who made the Application about the Seller's Decision.
13. The Seller, if it has the electronic contact information of the Customer, informs the Customer who added the submitted Account, about the Decision, and also presents the reasons for it.
14. A customer who has added a reported Account may appeal the Vendor's Decision within 14 days from the date of receipt of notification of the Vendor's Decision.
15. The appeal may be submitted to the Seller via e-mail at contact@quantumpmu.com and should contain the name, surname and e-mail address of the Customer who added the reported Account, together with a comprehensive justification.
16. The Seller shall consider the appeal referred to in item 14 above within 14 days from the date of receipt.

IV. SERVICES

1. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
2. The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of Service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account.
3. The Client has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Client (Newsletter Service). To do this, Client must provide a valid e-mail address or activate the appropriate field in the registration form or the Order form. The Client may revoke the consent to send commercial information at any time. The contract for the provision of the Newsletter Service is concluded for an indefinite period of time and is terminated when the Client sends a request to remove his e-mail address from the Newsletter subscription or unsubscribes using the link contained in the message sent as part of the Newsletter Service or at this adress.
4. The Client has the option of posting in the Online Store individual and subjective statements relating to the Goods or the course of the transaction. By adding statements, the Client declares that he has all rights to this content, in particular proprietary copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated when the opinion is added.
5. Statements should be drafted in a transparent and understandable manner, and may not violate applicable law, including the rights of third parties – in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are disseminated on the websites of the Online Store.
6. By posting a statement, the Client agrees to the free use of this statement and its publication by the Seller, as well as making elaborations of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws of 1994 No. 24 item 83).
7. The Client has the option of sending a message to the Seller using the contact form. The contract for the provision of the Service consisting in providing an interactive form enabling Client to contact the Seller is concluded for a definite period of time and is terminated when the message is sent by the Client.
8. The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
9. If the Client breaches these Terms and Conditions, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may terminate the agreement for the provision of Services upon a 14 days’ notice.

V. THE CONCLUSION PROCEDURE FOR THE SALES AGREEMENT

1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
2. All the Goods available in the Online Shop are brand new, in accordance with the contract and have been legally introduced to the Polish market.
3. If the Seller applies mechanisms of individual price adjustment on the basis of automated decision-making, it shall each time provide this information to the Consumer when placing an Order, taking into account the requirements imposed in this respect by the provisions on the protection of personal data.
4. Medical devices have markings and instructions for use in Polish or expressed using harmonized symbols or recognizable codes.
5. To place an Order, an active electronic mail account is required, as well as Account in the Online Shop.
6. If the Order is placed via the Order form available on the Online Shop website, the Client places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Client if the Seller sends - to the electronic mail address provided by the Client- a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Client’s offer; upon its receipt by the Client the Sales Agreement shall be concluded.
7. The sales Agreement shall be concluded in Polish or English and its provisions shall correspond to the Terms and Conditions.

VI. DELIVERY

1. Delivery of the Goods or Medical Devices shall be delivered to the address indicated by the Client during the placement of the Order.
2. The Client may choose the following forms of delivery of the ordered Goods or Medical Devices:

via courier;
delivered to a parcel machine
self-collection at the Seller's personal collection point.

3. On the Store's websites, the Seller in the description of the Goods or Medical Device informs the Client about the number of Business Days needed to complete the Order and its delivery, as well as about the amount of fees for the delivery of the Goods or Medical Device.
4. The date of delivery and execution of the Order is counted in Business Days in accordance with point VII point VII.
5. The Seller provides the Client with a proof of purchase.
6. If a different period of implementation is provided for the Goods or Medical Devices covered by the Order, the longest period of the Order shall apply.

VII. PRICES AND METHODS OF PAYMENT

1. The prices for the Goods or Medical Devices are provided in polish zloty, British pounds, US dollars, euros, at the Client's choice and include all components, including VAT and other charges. Information about customs duties or other additional charges related to shipping is given on the website, in the description of the Goods or Medical Device. In relation to some Clients, net prices are presented, in relation to entrepreneurs within the meaning of the Civil Code. 2. The Client may choose the following payment methods:

bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
electronic payment (n this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed);
payment in instalments (in this case, the execution of the order will begin after the Seller sends the Client a confirmation of acceptance of the Order, its completion and after receiving from LeaseLink Sp.z.o.o. or LM Pay Sp.z.o.o. (MediRaty), payment for the ordered Goods).

3. On the Shop websites, the Seller informs the Customer about the time when he must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may withdraw from the Sales Agreement under Article 491 of the Civil Code.

VIII. THE RIGHT TO WITHDRAW FROM THE AGREEMENT

1. The Client who is a Customer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 30 days. To keep this deadline it is enough to send this declaration before its lapse.
2. The Client may compose the declaration by himself or use the form of declaration of withdrawal from Agreement, which is available on the Online Shop’ websites. The Client also has the option of using the interactive return form located on the Store's website, in the tab dedicated to returns.
3. The 30-days’ deadline shall be calculated from the day when the Goods were delivered or - in the case of an Agreement for Services - from the day it was concluded.
4. Upon receipt of the Customer's declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
5. The right to withdraw from Agreement by the Customer shall be excluded in the following cases:

for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed - before the service was commenced - that upon completion of the service he shall lose the right to withdraw from agreement;
for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Entrepreneur with consumer rights or serving to satisfy his unique needs;
Ufor an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
Ufor an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;
for an agreement concluded in a public auction;
for Service contracts for which the Consumer is obliged to pay the price, for which the Consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
for Contracts for the supply of Digital Content, not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract,and took note of it, and the Seller provided the consumer with the confirmation referred to in Article 15 paragraph 1 and 2 or Article 21 paragraph 1 of the Act on consumer rights.

6. Other exceptions to the right to withdraw from the Agreement are indicated in Article 38(2) of the Consumer Rights Act.
7. In the case of Sales Agreements whose subject matter are Medical Devices, the right to withdraw from the Agreement by the Consumer is excluded in the cases indicated in points 5 a, c-f, h above.
8. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days. The purchased Goods should be returned to the address of the Seller.
9. The Seller shall immediately, but not later than within 14 days from receipt of the Entrepreneur’s with consumer rights declaration on withdrawal from the Agreement, return to the Entrepreneur with consumer rights all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Entrepreneur with consumer rights, unless the Entrepreneur with consumer rights agrees to another way of refund, whereas such a refund shall not generate any cost for the Entrepreneur with consumer rights. The Seller may withhold the refund of payment received from the Entrepreneur with consumer rights until he receives the returned item or the Entrepreneur with consumer rights provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Entrepreneur with consumer rights by himself.
10. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Entrepreneur with consumer rights any additional costs he has incurred.
11. The Consumer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.

IX. COMPLAINTS REGARDING GOODS UNDER WARRANTY

1. The Seller undertakes to deliver the Goods in accordance with the Agreement.
2. The Seller is liable for non-compliance of the Goods with the contract on the terms set out in the Act on consumer rights towards the Client who is a Consumer and the Client who is an Entrepreneur with consumer rights. The warranty towards Entrepreneurs is excluded.
3. The Seller is responsible for non-compliance of Medical Devices with the Agreement. The provisions set out in Articles 43a - 43g of the Consumer Rights Act shall apply accordingly.
4. If separate legal provisions provide for more relative rules in the scope of the law of non-compliance of Medical Devices in relation to a Client who is a Consumer or a Client who is a natural person concluding an Agreement directly related to its business activity, when the content of this Agreement shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, than point 4 - more relative provisions apply.
5. Complaints arising from violations of the Customer's rights guaranteed by law or under these Regulations should be submitted via the interactive complaint form located on the Store's website, in the tab dedicated to complaints, to the address: COMPLAINTS Quantum, Popularna 20 street, 02 - 473 Warsaw, to the e-mail address: staff@quantumpmu.com, telephone number +48 22 688 78 98.
6. In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching a proof of purchase to it. The goods should be delivered or sent to the address indicated in point 5 above.
7. The Seller undertakes to consider each complaint within 14 days of its receipt.
8. In the event of deficiencies in the complaint, the Seller shall request the Client to supplement it to the necessary extent immediately, but no later than within 7 days from the date of receipt of the request by the Client.

X. COMPLAINTS FOR ELECTRONIC SERVICES

1. The Client may complain to the Seller about functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: Quantum,Popularna 20 street, 02 - 473 Warsaw, to the electronic mail address: staff@quantumpmu.com, phone number: +48 22 688 78 98.
2. In the complaint, the Client should indicate his name and surname, address for correspondence, the kind and description of the present problem.
3. The Seller undertakes to process each complaint within 14 days, and if this is not possible - to inform the Client within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Client to supplement it as necessary, within 7 days from the date when the Clientreceived the request.

XI. GUARANTEES

1. The Goods or Medical devices may possess the guarantee of the Seller.
2. For the Goods or Medical devices covered by a guarantee, the information regarding the existence and contents of the guarantee, and also the time for which it has been concluded is always presented on the Shop websites.

XII. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND REDRESS

1. The Client who is a Consumer has the following options to use out-of-court complaint and redress methods:

is entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Client and Care Vibe;
may obtain free assistance in resolving the dispute between the Client and Care Vibe, also using the free assistance of the district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer helpline number +48 800 007 707 and by the Association of Polish Consumers at the e-mail address: porady@dlakonsumentow.pl;
submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

XIII. PROTECTION OF PERSONAL INFORMATION

The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy, available on the Shop website.

XIII. FINAL PROVISIONS

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as to forms, logos, any photos and materials posted on the website belong to the Seller, and their use may only take place in the manner specified and in accordance with the Terms and Conditons and with the permission of the company QUANTUM Filip Drążkiewicz.
2. The provisions concerning the Consumer contained in these Regulations, regarding withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity. The provisions on out-of-court methods of settling complaints and redress do not apply.
3. Settlement of any disputes arising between the Seller and the Client who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. Settlement of any disputes arising between the Seller and the Client who is an Entrepreneur shall be submitted to the court competent for the seat of the Seller.
5. The matters not provided in these Terms and Conditions shall be governed by the provisions of the Civil Code, provisions of the Act on the provision of electronic services, provisions of the Act on Consumer Rights and other relevant provisions of Polish law.
6. Each Client will be informed about any changes to these Regulations through information on the main page of the Online Store containing a list of changes and the date of their entry into force. Clients who have an Account will be additionally informed about the changes along with their statement to the e-mail address indicated by them. The date of entry into force of the amendments will not be shorter than 14 days from the date of their announcement. If the Client who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 14 days from the date of informing about the change in the Regulations. Notification of the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.