Terms and conditions of the online store

TERMS AND CONDITIONS OF THE ONLINE STORE

The Medistore.com Online Store is operated by Medicover Sp. z o.o., with its registered office in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warsaw, tel. 48 22 592 70 00, fax 48 22 597 70 79, which is entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XII Division of the National Court Register under the registration number: 0000021314, TIN: 525-15-77-627 with fully paid-up share capital of 36,000,000.00 zlotys.

 

GLOSSARY

• Activation of rights –the Beneficiary’s receipt of rights to use the Services acquired in the Online Store.
• Beneficiary - the Customer or person authorized to take advantage of Medical Services purchased in the Online Store by the Customer.
• Medicover Centre a medical centre belonging to Medicover as the health centre and/or a medical centre in the Medicover franchise network.
• Date of receipt of rights the day on which the Medical Services purchased in the Online Store are activated by Medicover, about which the Customer is informed in the order confirmation.
• Product datasheeta description of the Service or Package of Medical Services contained in the Online Store.
• Customera natural person having full legal capacity, using the Online Store, including, in particular, making purchases for himself or a third party.
• Basketfunctionality of the Online Store enabling the display of the Medical Services chosen by the Customer for purchase, as well as the entry and modification of data, such as the quantity of Medical Services, invoice details and forms of payment.
• MediCluba service that is available to Customers, enabling them to benefit from the functionality of the Online Store, which requires the acceptance of the principles of providing the MediClub service, as described in detail in points 29 to 38 of these Terms and Conditions.
• MedicoverMedicover Sp. z o.o., with its registered office in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warsaw, tel. 48 22 592 70 00, fax 48 22 597 70 79, which is entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XII Division of the National Court Register, under the registration number: 0000021314, TIN: 52515-77-627.
• Package of Medical Servicesa set of Medical Services or other benefits which are available to the Beneficiary, constituting a certain whole, which may be used in a certain time interval, at specified Medical Centres and for a specified price, in the Online Store
• Medical Centrean entity operating in accordance with the law in force in Poland, which is authorized to provide health benefits, i.e. a medical business, a natural person practising a medical profession, i.e. a person, who is authorized to provide health benefits on the basis of separate regulations (including a doctor, nurse or midwife in an individual practice or individual specialist practice), as well as a person holding professional qualifications authorizing the provision of health benefits to a specified extent or in a specified area of medicine, a group medical practice, a group practice of nurses or midwives, where the Customer or Beneficiary may obtain a Medical Service.
• Przelewy 24 an electronic payment system accepted by the Online Store, which is available to registered Customers and for Guests, enabling fast payment for Medical Services purchased in the Online Store. The Przelewy24 service is used by PayPro SA, ul. Kanclerska 15, 60-327 Poznań, tel. 48 (61) 642 93 44, WWW: www.przelewy24.pl, e-mail: serwis@przelewy24.pl. PayPro SA is entered as a national payment institution into the register of national payment institutions operated by the Polish Financial Supervision Authority under the number of the entity in the PFSA IP24/2014.
• Entity making paymentan external entity with respect to Medicover intermediating in making payments via a bank transfer or payment by payment card.
• Confirmation of purchasean e-mail message sent by the Online Store to the e-mail address specified by the Customer confirming that the service that was ordered may be performed.
• Online Store an online store operated by Medicover, which is available at the domain medistore.com.pl.
• Servicea Medical Service or a Package of Medical Services that are available to Customers and Guests in the Online Store.
• Medical Service a doctor’s medical or diagnostic examination, an outpatient, rehabilitation or hospitalization procedure intended to maintain, recover or improve the Customer’s or Beneficiary’s health condition, including prophylaxis activities purchased in the Online Store.
• White Label – a service available to Clients, allowing purchasing Medical Services to be provided in Medical Centres of a Medistore Partner or services provided by a Medistore Partner, in detail described in points 39-44 of these Regulations.
• Ordera declaration of intent of the Customer to purchase Services in the Online Store, expressed by placing the Service in the Basket and moving to the next step – “payment”.

GENERAL PROVISIONS

1. These terms and conditions specify:

• the principles of using the Online Store;
• the conditions for placing Orders for Services offered by Medicover, which are available in the Online Store;
• the payment by the Customer of the purchase price of the Services purchased in the Online Store;
• the Customer’s right to cancel an Order and rescind a contract for the purchase of Services;
• the principles of submitting and reviewing complaints;
• the principles of providing MediClub services.
• the rules for the provision of the White Label service.

A terminal device with Internet access and a browser, such as the current versions of Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari are required to be able to use the Online Store, including to view the Online Store’s product range. Furthermore, an active e-mail account and a telephone are required for using certain functionalities of the Online Store and for placing Orders.

When using the Online Store, Customers are not allowed to provide unlawful, illegal content or content which is in breach of good manners. Furthermore, the Customer is required to refrain from any activity that can adversely affect the correct operation of the Online Store, including, in particular to interfere in any way in the content of the Online Store or its technical components. Additionally, it is prohibited to use the Online Store for purposes which are in conflict with its intended purpose, including for sending spam, as well as conducting any commercial, advertising or promotional activity in the Online Store’s website.

Registration is not required for the Customer to view the Online Store’s product range and Place Orders for the Services contained in the Online Store’s product range.

However, the order form in the Online Store’s website must be completed in order to place an order for Services contained in the Online Store’s product range by providing the data specified in point 13 (a) of these Terms and Conditions.

Transactions of the purchase of Services in the Online Store are settled through Przelewy 24 in accordance with the terms and conditions of the services available at: http://www.przelewy24.pl/regulamin, by bank transfer or by payment card, in accordance with the information contained in the Online Store.

INFORMATION ON THE SERVICES

7. Information on the Services available in the Online Store’s product range constitutes an invitation to enter into a contract in the meaning of Article 71 of the Polish Civil Code.
8. The prices of the products specified in the Online Store’s website are given in zlotys: the Total Order Cost (i.e. the prices of all the Services encompassed by the same Order) is displayed in the Basket before the Customer places the order.
9. Medicover reserves the right to change the prices of the Services, the type of Services and the scope of benefits provided on an ongoing basis.
10. Services provided by the Customer in the Online Store may be performed at the Medicover Centres or in other Medical Centres, which is unambiguously specified in the process of placing the Order.

CONDITIONS OF PLACING AND FULFILLING ORDERS

11. The Customer may place the Order for Services which are available in the Online Store’s product range 7 (seven) days a week, 24 (twenty-four) hours a day, subject to the prohibitions or restrictions on trading arising from the unconditionally applicable provisions of the law and technical breaks.
12. Medicover shall not be held liable for the quality of internet connection at the time of concluding the transaction in the Online Store, as well as for software errors and other defects in the Customer’s terminal device.
13. In order to place an Order, the Service constituting the subject matter of the Order needs to be selected and the successive steps for concluding the transaction need to be followed, in particular:

• the order form needs to be completed giving the forename, surname, PESEL number, telephone number, residential address, correspondence address and e-mail address;
• these terms and conditions and the general terms and conditions of the provision of Services must be accepted and decisions need to be made on the marketing consents and the consent for processing personal data for marketing purposes by checking or not checking the respective field;
• the invoice details need to be entered if they differ from the details for the acceptance of the Services by the Beneficiary (if the Customer wants to receive a VAT invoice);
• the form of payment must be selected;
• the “Order and pay” button needs to be clicked.

Orders and Services will only be fulfilled within Poland

An order is treated as correctly placed if the Customer correctly configures the Service according to the guidelines that are available each time on the product data sheet and after he makes payment in full.

The Customer is required to correctly complete the data specified in point 13 (a) above which is necessary for creating the order .

An incomplete order or an order with respect to which there are any doubts will be verified manually by the Online Store’s staff. The Order may be cancelled by Medicover, about which the applicant will be informed by telephone or e-mail within 3 working days of the date of placement of the Order.

Medicover undertakes to confirm the order with the Customer by internet or telephone within 48 hours of receipt of the request. This period may be extended if it falls on a statutory holiday (Sunday and holiday).

The order is considered cancelled by the Customer if the payment for the Service is not received within 30 calendar days of the date of completion of the forms and their transmission to Medicover’s server.

The provisions of the concluded contract are consolidated, secured and fulfilled by sending the Customer an electronically concluded agreement or order confirmation within 14 days of the date of payment of the funds.

Regardless of the other provisions of the Terms and Conditions, the Order is not fulfilled in the case of:

• the provision by the Customer of incorrect or false data at the time of placement of the Order;
• the inability to contact the Customer at the telephone number or e-mail address specified in the order;
• the incorrect placement of the order by the Customer;
• the acknowledgement by Medicover that, in the case of an order placed by the Customer, there is a reasonable suspicion that the Customer is acting illegally or is abusing the rights arising therefrom, in particular hacking, the use of third party data for identification purposes in the Online Store or impersonating someone.

PAYMENT AND FULFILMENT OF AN ORDER

22. The full amount due for the Order is visible in the summary of every Order. The price presented is the total cost of the Services purchased by the Customer.
23. 2Payments for orders may be made through Przelewy 24, by bank transfer or by payment card, in accordance with the form of payment selected in the Online Store.
24. The correct payment for the Order means the purchase of the Services in the Online Store.
25. The activation of the rights to use the Services starts on the date specified by the Customer in the Order form, as well as after making payment for the Service. In certain cases, the Order form automatically proposes a date of Activation of rights which is applicable.
26. Rights are activated:

• in the case of Services verified automatically within 24 hours of the receipt of confirmation of payment;
• in the case of Services verified manually no later than 3 working days after the receipt of confirmation of payment;

The provision of the Services is described each time on the Product Data Sheet in the Online Store.

The guarantee and the scope of the Service are provided each time on the Product Data Sheet.

MEDICLUB SERVICE

29. The MediClub Service enables the Customer to use the following functionalities and benefits free of charge:

• the placement of Orders using the data entered by the Customer, the creation of a list of purchases, the review of the order history;
• taking advantage of discounts for selected Services which are applicable on the date of Placement of the Order. Information on discounts for Customers is posted each time on the www.medistore.com.pol website and is presented to the Customer before he accepts the orders.

The Customer is able to benefit from the MediClub Service after setting up a MediClub account and after giving the required consents. The use of the MediClub Service is free of charge.

In order to set up a MediClub account, the online registration form needs to be completed, giving the forename and surname, e-mail and password (in accordance with the instructions) and these terms and conditions need to be read and accepted, as well as giving the following consents:

• Declaration of consent for processing personal data for marketing purposes;
• Declaration of consent for providing marketing content using the telephone;
• Declaration of consent for sending commercial information electronically;

Medicover will send a confirmation of the registration to the e-mail address given by the Customer after the Customer completes and sends the registration form and gives the consents. The registration process ends at this point.

Registration means the conclusion of a contract between the Customer and Medicover for the provision of an electronic service involving the operation of the MediClub Account on the principles specified in these terms and conditions.

After registering in the Online Store, logging on takes place each time with the use of the data provided in the registration form or amended at any time using the settings of the MediClub account.

The Customer may withdraw from operating the MediClub Account and request its deletion at any time. No charges are collected for the withdrawal and deletion of the account. The data provided when creating the account is processed for the time specified in the information clause ( clik here ).

The MediClub account is deleted by calling 500 900 550 or providing notice by e-mail to e-dok@medicover.pl. The instruction to delete the account is accepted upon confirmation that the person making the request is the owner of that account. The account is deleted within 48 h of the moment of notification and means the end of the provision of MediClub services by Medicover to the Customer.

Medicover is also authorized to block the MediClub Account for valid reasons, which are: a breach by the Customer of the generally applicable provisions of the law, third party rights, third party personal rights or the principles of social coexistence when using the Online Store. The Customer will be informed of the intention to block the MediClub Account at the e-mail address currently registered in the Online Store. Blocking the account means the termination of the contract with the Customer for the provision of services electronically with immediate effect.

WHITE LABEL SERVICE

39. The White Label service enables the Client to purchase Medical Services that are provided in Medical Centres of a Medistore Partner or services provided by a Medistore Partner.
40. The list of Medistore Partners is available online at https://www.medistore.com.pl/lista-partnerow
41. The White Label service is available free-of-charge to all clients of the Online Store and does not require registration.
42. The White Label service can be used on the subpage of the Online Store, dedicated to the particular Medistore Partner. This subpage can be entered using widgets on the Partner website. A widget includes a link to the particular product or basket.
43. In order to make a purchase within the framework of the White Label service, it is necessary to complete the purchase form and provide the following data: (i) first name, (ii) surname, (iii) Personal Identification Number (PESEL), (iv) telephone number, (v) residence address, (vi) correspondence address, (vii) e-mail address. Then, it is necessary to approve these Regulations and general terms and conditions of the provision of the particular services, as well as take the decision with respect to marketing consents, as well as the consent to process personal data for marketing purposes by ticking or not ticking the relevant box; additionally, it is necessary to select the payment method and click the “Order and pay” (Zamawiam i płacę) button.
44. Matters related to the White Label service, not regulated in points 39-43, shall be governed by other provisions of these Regulations.

CANCELLATION OF AN ORDER AND RESCISSION OF A CONTRACT

45. The Customer may rescind a contract without giving a reason within 14 days of the date of conclusion of the contract. The request to withdraw from the contract should be sent to the e-mail address: e-dok@medicover.pl or by post to the address: Medicover Sp. z o.o. al. Jerozolimskie 96, 00-807 Warsaw. The cancellation form can also be found in the Online Store.
46. Medicover Sp. z o.o. guarantees the refund of the amount paid within 14 working days through the Przelewy24 application to the bank account from which payment was made without charging an additional cost to the Customer.
47. It is not possible to rescind the contract after starting to use the medical benefits.

PERSONAL DATA

48. The personal data provided by Customers in the Online Store (including in the process of registering a MediClub account) is processed by Medicover sp. z o.o., with its registered office at: al. Jerozolimskie 96, 00-807 Warsaw (data controller).
49. The provision of the personal data by the Customer is voluntary, but necessary to make purchases and use the Services. Medicover processes personal data in order to conclude contracts with the Customer for the sale of the Services purchased in the Online Store.
50. If the Customer gives his consent, particularly within the framework of the MediClub service, Medicover shall also process the personal data for marketing purposes.
51. The Customer is entitled to access, correct and delete the content of his personal data. If the Customer does not use the MediClub services, the personal data may be corrected and deleted on the basis of a notice sent to the Controller or by notifying the reception desk of any Medicover Centre, the addresses of which can be found in the www.medicover.pl website. If the Customer uses the MediClub services, the personal data may be additionally corrected and deleted by logging on to the Customer’s account (“My Account” tab) or by notifying the reception desk of any Medicover Centre, the addresses of which can be found in the www.medicover.pl website. www.medicover.pl.
52. When providing the data, the Customer declares that the personal data he provided is his data.
53. Detailed provisions on Customer personal data protection can be found in the Online Store’s website in the information clause tab.

COMPLAINTS

54. Notices containing questions, suggestions and information on problems that have arisen regarding the Online Store may be provided in one of the following ways:

• by e-mail to: e-dok@medicover.pl;
• by telephone to 500 900 550 on weekdays in the hours of 8 a.m. to 4 p.m.

Complaints regarding support are considered within 10 working days; complaints regarding medical issues are considered within 30 working days of the date of receipt of all the data required for considering the complaint at the address: Medicover Sp. z o.o. Customer Service Department – Complaints, Al. Jerozolimskie 96, 00-807 Warsaw or the e-mail address e-dok@medicover.pl.

In the case of complaints or claims related to the fulfilment of the Service at a Medical Centre other than the Medicover Centre, at Medicover’s request, the Customer shall perform activities enabling Medicover to receive all the information required to appropriately consider the complaint.

The court with jurisdiction for considering disputes arising from the contract for the sale of the Service is the court of general jurisdiction.

The charge for telephone calls to Medicover is equal to the charge for a standard telephone call and is consistent with the tariff package of the Customer’s or Guest’s provider.

FINAL PROVISIONS

59. Services purchased in the Online Store may not be resold, transferred, loaned or exchanged for other Services provided at the Medicover Centres and/or at other Medical Centres. In particular, they cannot be replaced and do not replace Services provided on the basis of a legal relationship other than the contract concluded through the Online Store .
60. The terms and conditions may be amended by providing the amended text in the www.medistore.com.pl website (including downloadable in pdf format). Medicover shall announce the amendment of the terms and conditions through a message in the Online Store and by sending a notice of the amendment of the terms and conditions to the Customer’s e-mail address (together with the attached terms and conditions in pdf format ).
61. The amended Regulations will be binding for the Client, who does not resign from the account on terms set out in point 37 of these Regulations before the amended Regulations come into force. The date of entry into force of the amended Regulations will fall at least 14 days after the date of notifying Clients of the amended Regulations in accordance with point 53 above. Amendments to the Regulations will not impact the orders placed before such amendments, that will be implemented in compliance with provisions binding previously.
62. The Regulations come into force as of 21 February 2019.