Terms and conditions of the online store

REGULATIONS OF THE ONLINE STORE

The Medistore.com.pl online store is operated by Medicover Sp. z o.o. with its registered office in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warszawa, tel.: 48 22 592 70 00, fax: 48 22 597 70 79, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw, 12^th Business Department of the National Court Register, with the number KRS: 0000021314, Tax Identification Number (NIP): 525-15-77-627, share capital of PLN 36,000,000, fully paid-up.

 

GLOSSARY

• Authorisation activation –the Beneficiary acquiring the right to use the Services acquired in the Online Store.
• Beneficiary – a Client or a person authorised to use the Medical Services purchased in the Online Store by the Client.
• Medicover Centre – a medical facility owned by Medicover as a healthcare entity and/or a medical facility being a part of the Medicover franchise network.
• Authorisation acquisition date – the day on which the Medical Services purchased in the Online Store are activated by Medicover, of which the Client is notified in the Order Confirmation.
• Product Card – description of the Service or Service Package available in the Online Store.
• Client – a natural person with full legal capacity using the Online Store, including in particular purchasing products for himself/herself or for another person.
• Basket – the functionality of the Online Store allowing displaying the Medical Services selected for purchase by the Client, as well as entering and modifying order details, such as number of Medical Services, invoicing data and payment methods.
• MediClub – a service available to Clients, allowing using additional functionalities of the Online Store, requiring approving the rules for the provision of the MediClub service, in detail described in points 29-38 of these Regulations.
• Medicover – Medicover Sp. z o.o., with its registered office in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warszawa, tel.: 48 22 592 70 00, fax: 48 22 597 70 79, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw, 12^th Business Department of the National Court Register, with the number KRS: 0000021314, Tax Identification Number (NIP): 525-15-77-627.
• Medical Service Package – a set of Medical Services or other services, constituting a whole, that can be used in a defined period, in defined Medical Centres and at a defined price, available to the Beneficiary in the Online Store.
• Medical Centre – an entity operating in accordance with the Polish law and entitled to provide healthcare services, i.e. healthcare entity, a natural person practising a medical profession, i.e. a person who, under separate provisions, is entitled to provide healthcare services (including a doctor, nurse, midwife as part of a private practice or private specialist practice) and a person with professional qualifications for providing healthcare services within a specific scope or in a specific field of medicine, group medical practice, group practice of nurses or midwives, where the Client or the Beneficiary can obtain a Medical Service.
• Przelewy 24 – a system of electronic payments accepted by the Online Store available only to registered Clients, i.e. those, who have the Medistore Account, and allowing making quick payments for Medical Services purchased in the Online Store. The Przelewy24 service is operated by PayPro SA, ul. Kanclerska 15, 60-327 Poznań, tel.: 48 (61) 642 93 44, website: www.przelewy24.pl, e-mail: serwis@przelewy24.pl. PayPro SA is entered into the register of Domestic Payment Institutions maintained by the Polish Financial Supervision Authority (KNF) with the number IP24/2014 in the KNF Office.
• Payment processing entity – an entity external to Medicover, acting as an intermediary in processing payments made by bank transfer or payments with credit card.
• Purchase confirmation – e-mail message sent by the Online Store to the e-mail address indicated by the Client (completing the electronic form in the Online Store remotely) that confirms that the ordered service can be provided.
• Online Store – the online store operated by Medicover, available at the medistore.com.pl domain.
• Service – a Medical Service or a Medical Service Package available to Clients in the Online Store.
• Medical Service – a consultation with a physician, medical or diagnostic test, outpatient, rehabilitation or hospital procedure aimed at maintaining, restoring or improving the Client’s or the Beneficiary’s health, including preventive 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.
• Order – the Client’s declaration confirming his/her intent to purchase a Service in the Online Store expressed by adding the Service in the Basket and going to the next step – “Payment.”

 

GENERAL PROVISIONS

1. These Regulations set out:

• the rules for using the Online Store;
• the rules for placing Orders for Services offered by Medicover and available in the Online Store;
• the rules for making payments by the Client for the Services purchased in the Online Store;
• the Client’s right to cancel an Order and withdraw from the Service purchase agreement;
• the rules for making and processing complaints;
• the rules for the provision of the MediClub service;
• the rules for the provision of the White Label service.

In order to use the Online Store, including to view the offer of the Online Store, it is necessary to use a terminal device with access to the Internet and an Internet browser, such as: Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in an up-to-date version. Additionally, in order to use some of the functionalities of the Online Store, including Order placing, it is necessary to have an active e-mail account and telephone number.

When using the Online Store, the Clients are forbidden to provide illicit content, as well as content violating the law or good customs. Moreover, the Client is obliged to refrain from any activity that could negatively impact the correct functioning of the Online Store, including in particular from any interference with the content of the Online Store or its technical elements. It is also prohibited to use the Online Store for purposes inconsistent with its intended use, including to send spam or to carry out any commercial, advertising or promotional activities on the web pages of the Online Store.

Viewing the offer of the Online Store and placing the Orders for Services included in the offer of the Online Store do not require registration.

However, to place the Order for Services included in the offer of the Online Store it is necessary to complete the order form available in the website of the Online Store, by providing details specified in point 13 (a) of these Regulations.

Transactions involving purchase of Services in the Online Store shall be settled via Przelewy24 in accordance with the rules for the provision of services available at: http://www.przelewy24.pl/regulamin, by bank transfer or using payment cards, in accordance with the information available in the Online Store.

 

INFORMATION ABOUT SERVICES

7. Information about Services available in the offer of the Online Store constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
8. Prices of products disclosed on the websites of the Online Store are expressed in Polish zloty. The total cost of the order (i.e. prices of all Services included in the same Order) is shown in the Basket before the Order is placed by the Client.
9. Medicover reserves the right to change prices of Services, types of Services and the scope of the Services on an ongoing basis.
10. Services purchased by the Client in the Online Store may be provided in Medicover Centres or other Medical Centres, as clearly specified when placing the Order.

 

CONDITIONS FOR THE ORDER PLACEMENT AND IMPLEMENTATION

11. The Client may place Orders for Services available in the offer of the Online Store 7 (seven) days a week and 24 (twenty-four) hours a day, subject to prohibitions or restrictions on trade resulting from mandatory legal regulations and maintenance breaks.
12. Medicover shall not be held liable for the quality of the Internet connection in the process of concluding the transaction in the Online Store, for software errors or other defects of the Client’s terminal device.
13. In order to place the Order, it is necessary to:

• select the Service to be included in the Order and then go through subsequent steps of the transaction process, including in particular:
• complete the order form, by providing: first name, surname, Personal Identification Number (PESEL), telephone number, residence address, correspondence address, e-mail address;
• approve these Regulations and general terms and conditions of the provision of the 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;
• enter invoicing data if they are different from the data for collection of the Service by the Beneficiary (if the Client wants to receive a VAT invoice);
• select the payment method;
• click the “Order and pay” (Zamawiam i płacę) button.

The Orders will be implemented and the Services will be provided only in the territory of Poland.

An Order is considered to be placed correctly if the Client correctly configured the Service according to the guidelines specified in each Product Card and made the payment in full amount.

The Client is obliged to provide the data specified in point 13 (a) above, necessary to create the Order, that are consistent with the facts.

In the case of an incomplete Order or any doubts concerning the Order, the Order will be manually verified by the Online Store assistants. Such an Order can be cancelled by Medicover, of which the person placing the Order will be notified by telephone or e-mail within 3 working days of the day of placing the Order.

Medicover undertakes to confirm the Order to the Client via the Internet or telephone within 48 hours of receiving the request. This period can be extended if it falls on public holidays (Sundays and holidays).

The Order is considered cancelled by the Client if the payment for the Service is not received within 30 calendar days of completing the forms and sending them to the Medicover server.

Essential provisions of the concluded agreement will be saved, secured and made available by sending the agreement concluded in electronic form or the order confirmation to the Client within 14 days of payment.

Notwithstanding other provisions of these Regulations, the Order will not be implemented if:

• the Client provides incorrect or false data when placing the Order;
• the Client cannot be contacted at the telephone number or e-mail address indicated in the Order;
• the Client places the Order in an incorrect manner;
• Medicover believes that, in the case of the order placed by the Client, there is a justified suspicion of the Client’s actions being inconsistent with the law or abusing the rights resulting from the law, in particular: if there is a justified suspicion of hacking, use of third-party credentials in the Online Store or impersonation of another person.

 

PAYMENTS AND ORDER IMPLEMENTATION

22. The full amount due for the Order is disclosed in the summary of the Order. The price shown represents the full cost of the Services purchased by the Client.
23. Payments for the Order can be made via Przelewy24, by bank transfer or using a payment card, in accordance with the payment method selected in the Online Store.
24. Proper payment for the Order shall mean purchasing the Service in the Online Store.
25. The authorisation to use the Services will be activated on the date defined by the Client in the Order form and after making the payment for the Service. In some cases, the Order form automatically suggests the authorisation activation date that is binding.
26. Activation of the authorisation will take place:

• in the case of Services verified automatically: within 24 hours of receiving the payment confirmation;
• in the case of Services verified manually: not later than within 3 working days after receiving payment confirmation.

The manner of the Service performance is in each case described in the Product Card in the Online Store.

The warranty and the scope of the Service is in each case described in the Product Card.

 

MEDICLUB SERVICE

29. The MediClub service enables the Client to use, free of charge, the following functionalities and benefits:

• place the Order using the data entered by the Client, create purchase lists, view the order history;
• benefit from discounts for selected Services, available on the Order placement day. Information on discounts available to Clients is in each case published on the www.medistore.com.pl website and is presented to the Client before approving the order.

The Client can use the MediClub service after setting up a MediClub account and granting required consents. The MediClub service is free.

31.  In order to set up the MediClub account, it is necessary to complete the registration form by providing first name and surname, e-mail address and password (in accordance with the instruction), to read and approve provisions of these Regulations, and to grant the following consents:

• declaration of consent to the processing of personal data for marketing purposes;
• declaration of consent to the provision of marketing content by phone;
• declaration of consent to send commercial information using electronic means.

After the Client completes and sends the registration form, and grants the consent, Medicover will send the registration confirmation to the e-mail address provided by the Client. The registration process ends at this point.

Completing the registration process shall mean the Client and Medicover concluding the agreement for the provision of electronic service, involving maintaining the MediClub account, on terms set out in these Regulations.

After registration in the Online Store, the login process will be carried out using data provided in the registration form or changed at any time using the MediClub account settings.

The Client may resign from the MediClub account or request its removal at any time. No fees will be charged for resignation and account removal. Data provided in the account setup process are processed for the period specified in the information clause (click here).

In order to remove the MediClub account, it is necessary to call the telephone number 500 900 550 or sent a message to e-dok@medicover.pl. The request to remove the account will be accepted after confirming whether the person placing the request is the account holder. The account will be removed with 48 hours of the request and will mean ending the provision of the MediClub by Medicover to the Client.

Medicover is also entitled to block the MediClub account for important reasons, such as: the Client breaching generally binding legal regulations, third parties' rights, personal goods of third parties or social coexistence principles when using the Online Store. The Client will be notified of the intent to block the MediClub account to the current e-mail address registered in the Online Store. Blocking the account shall mean termination of the agreement for the provision of electronic services with the Client with immediate effect.

Matters related to the MediClub service, not regulated in points 29-37, shall be governed by other provisions of these Regulations.

 

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 THE ORDER AND WITHDRAWAL FROM THE AGREEMENT

45. The Client may withdraw from the agreement in writing without giving reasons within 14 days of the date of concluding the agreement. The request for withdrawal from the agreement should be sent to e-mail address: e dok@medicover.pl or by traditional mail to the following address: Medicover Sp. z o.o., Al. Jerozolimskie 96, 00-807 Warszawa. The withdrawal form is also available in the Online Store.
46. Medicover Sp. z o.o. guarantees returning the amount paid within 14 working days via the Przelewy24 application to the bank account from which the payment was initiated without the Client being charged with any additional cost.
47. Withdrawing from the agreement is not possible in the case of starting to use medical services.

 

PERSONAL DATA

48. Personal data provided by Clients in the Online Store (including during the MediClub account registration process) are processed by Medicover Sp. z o.o., registered office address: Al. Jerozolimskie 96, 00-807 Warszawa (data controller).
49. Provision of personal data by the Client is voluntary, but it is necessary to make purchases and use the Services. Medicover processes personal data in order to conclude with the Client agreements for sale of the Services purchased in the Online Store and to perform those agreements.
50. In the case of the Client granting his/her consent, in particular within the framework of the MediClub service, Medicover processes personal data also for marketing purposes.
51. The Client has the right to access, correct and erase his/her personal data. In the case of the Client, who does not use the MediClub service, personal data can be corrected or erased based on a written request submitted to the Controller or to the reception desk at any of Medicover Centres, whose addresses are available at www.medicover.pl. In the case of the Client using the MediClub service, personal data can be additionally corrected or erased by logging into the Client account (“My Account” (Moje Konto) tab) or based on a written request submitted to the reception desk at any of Medicover Centres, whose addresses are available at www.medicover.pl.
52. When providing the data, the Client declares that personal data provided by him/her are his/her data.
53. Detailed provisions concerning protection of the Clients’ personal data are available on the website of the Online Store, in the information clause tab.

 

COMPLAINTS

54. The Client can submit reports containing questions, suggestions or information about experienced problems related to the Online Store in one of the following ways:

• by e-mail, to the address: e-dok@medicover.pl;
• by telephone, by calling 500 900 550 on weekdays from 8.00 to 16.00 hours.

Complaints related to customer service will be examined within 10 working days; complaints related to medical issues will be examined within 30 working days of the date of submitting all the data necessary to process the complaint to the following address: Medicover Sp. z o.o. Client Service Department – Complaints (Dział Obsługi Klienta – Reklamacje), Al. Jerozolimskie 96, 00-807 Warszawa or sending them by e-mail to e-dok@medicover.pl.

In the case of complaints or claims related to the provision of the Service in a Medical Centre other than Medicover Centre, at the request of Medicover, the Client shall perform activities enabling Medicover to obtain all information necessary for proper processing of the complaint.

The court competent for resolving disputes ensuing from the agreement of sale of the Service is the competent court of general jurisdiction.

The fee for calling Medicover equals the fee for regular telephone calls and is compatible with the provider’s tariff package used by the Client.

 

FINAL PROVISIONS

59. The Services purchased in the Online Store cannot be re-sold, transferred, lent to other persons or replaced by other Services provided in Medicover Centres and/or in other Medical Centres. In particular, they cannot replace or be replaced by Services provided based on other legal relationships than an agreement concluded via the Online Store.

60.  The Regulations will be amended by publishing the amended text at www.medistore.com.pl (including the text available for downloading in PDF format). Medicover will notify of amending the Regulations by publishing a message in the Online Store and by sending a message on amendments to the Regulations (together with the Regulations attached in form of a PDF file) to the e-mail address of the Client.

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.