Terms and conditions of the Medistore online store

Terms and Conditions of the Medistore Platform  

The Medstore platform is available at Medistore.com.pl and 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, entered into the Register of Entrepreneurs maintained by the District Court for m.st Warsaw, XII Division of the National Court Register under KRS number:  0000021314, NIP: 525-15-77-627 with a share capital of PLN 36,000,000, paid in full. Medicover sp. z o.o. is represented by the company's management board. 

Medicover can be contacted quickly and effectively at the following telephone number: 500 900 550, fax 48 22 597 70 79, and by e-mail: e-dok@medicover.pl. In the case of telephone contact, the costs of the call are in accordance with the tariff owned, but they are not higher than the usual costs for making a call. Medicover sp. z o.o. has the status of a large entrepreneur.  

Before using the Medistore Platform, the Client has the opportunity to read the current wording of these Terms and Conditions. The Terms and Conditions are available (including their previous versions) at https://www.medistore.com.pl/en/a/regulamin in a way that allows them to be downloaded free of charge and saved on your device in pdf format. 

Medicover may play the following roles on the Medistore Platform:  

In the course of the transaction process (starting from the Product Card), the Client obtains clear information about who will provide the Service (including Service Packages) or sell the Goods. If the Services or Goods are supplied/sold by the Seller (and not Medicover), then the Customer and the Seller will be the Parties to this agreement directly, and Medicover will technically facilitate the conclusion of such an agreement. In addition, in this case, Medicover will perform all obligations arising from these Terms and Conditions and related to this intermediation relationship and resulting from the provisions of generally applicable law (e.g. regarding prior verification of the Seller's identity).  

The content of the agreement binding the Seller and the Client is determined on the basis of documents and statements prepared by the Seller and proposed to the Clients.  

In addition, in each case (referred to in points a and b), Medicover, based on the Terms and Conditions, provides a service provided electronically, consisting in the possibility of placing Orders via the Medistore Platform. The Terms and Conditions indicate which provisions apply to the relationship referred to in point a) and which relate to the relationship referred to in point b) and which to both.  

A party to an agreement concluded on the basis of the Terms and Conditions for a service provided by electronic means is always Medicover and the Client or Seller accepting it.  

Medicover also declares that: 

GLOSSARY 

https://www.consilium.europa.eu/en/policies/digital-services-act/.  

2. GENERAL PROVISIONS 
 
2.1 These Terms and Conditions specify: 

Medicover provides Customers with the ability to search for products offered by Medicover and various Sellers through the search functionality available on the home page and on individual subpages of the Medistore Platform.  

Medicover provides general information on the main parameters determining the ranking of Goods, Services (including Service Packages) offered by Medicover or Sellers and the relative importance of these parameters in comparison to other parameters through the interface of the Medistore Platform websites, i.e. at  https://www.medistore.com.pl/en/a/plasowanie-produktow, as well as in Appendix 1 to these Terms and Conditions.  

Medicover will not provide search results without explicit disclosure of paid advertising or payment made specifically for the purpose of achieving a higher ranking of products within search results.  

2.11 (Customer Reviews)  

Customer reviews may relate to the Medistore Platform itself (e.g. its functionalities) or to the Goods or Services ordered from it (provided by both Medicover and Sellers). Reviews must not violate the Terms and Conditions (including illegal Content), in particular they should be consistent with the actual course of the transaction or the description of the Goods or Services. We do not verify the accuracy or truth of the opinions expressed. Reviews may be verified before they are published and in such a case they will not be published if they violate the Terms and Conditions, including illegal Content (in this case, the provisions of point 10 below will apply). Verification only applies to compliance with the Terms (including for Illegal Content). The content of the Reviews does not affect the Ranking of the products. The screening activities will be carried out with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including the recipients of the service (Clients and Sellers) enshrined in the Charter of Fundamental Rights, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.   

Opinions are public (marked with a name and the first letter of the surname) and published on the Medistore Platform website:  

Opinions may be expressed only by persons who have placed an Order for a given Goods or Services (Customers). Nevertheless, Medicover does not verify whether the person who placed the Order actually used the Goods or Services. Opinions regarding the Medistore Platform itself may be expressed by all Customers who have placed any Order, regardless of whether as part of the Goods or Services offered by Medicover or the Seller. Opinions may be expressed up to 21 days from the date of placing the Order.  

A Client who has decided to give a Review may also request that it be removed from the Medistore Platform (as a consequence, it will not be visible to other Customers or Sellers). In this case, the message should be sent by e-mail to the contact details provided.  

Both the Client and the Seller (and other persons indicated in point 10 of the Terms and Conditions) may exercise the rights indicated in point 10 of the Terms and Conditions in the event of publication of the Review or lack thereof. The Seller may also respond to the posted Reviews in a manner consistent with the Terms and Conditions, including not posting illegal Content. Medicover may verify the content of the submitted responses to the Opinion after it has been posted in accordance with point 10 below.  

By publishing Reviews (or responses to Reviews), the Client or Seller grants Medicover a non-exclusive, royalty-free, unlimited territorial licence, which includes the right to further grant sub-licences. This license allows you to: 

The Client (as well as the Seller) also agrees that Medicover may exercise its derivative rights to the Opinions (responses to the Opinions), including studies, in the above scope, without territorial restrictions and without additional fees. The Client undertakes not to assert any moral rights to the Opinions against Medicover and allows Medicover to exercise them. 

The Client should not make a Transaction solely for the purpose of evaluating the Seller, especially when this action is aimed at manipulating the ratings or obtaining a personal benefit, both material and intangible. The Seller has no right to offer the Customer any form of gratification, such as discounts, free products, vouchers or money, in exchange for leaving or changing a Review. 

2.12 (Advertising)  

Advertisements prepared by Medicover are displayed on the Medistore Platform pages (they may also apply to Sellers). Medicover may display an Advertisement prepared by the Seller on the basis of a separate agreement concluded with the Seller (and will apply to their products or services sold on the Medistore Platform). The Advertisement is not based on profiling or other mechanisms to adapt the content to the preferences or behavior of specific users of the Medistore Platform.  

Medicover ensures, with respect to each specific advertisement presented to each individual recipient, that the recipients of the service (Clients and Sellers) are able to in a clear, distinct, concise and unambiguous manner, and in real time: 

Medicover provides Sellers with a function that allows them to make a statement whether the content they provide is commercial information or contains commercial information. 

Medicover ensures that other recipients of the service (Clients and Sellers) can clearly and unambiguously state in real time that the content provided by a given Seller is commercial information or contains commercial information in accordance with this statement. 

3. INFORMATION ABOUT SERVICES AND GOODS 

3.1 Information about the Services and Goods available in the Medistore Platform assortment constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, and not an offer from Medicover or the Seller.  

3.2 A detailed description and terms of use of the Goods or Services made available can be found in the Product Card assigned to it. On the Product Card, the Client will also obtain information whether a given Service is provided by Medicover or the Seller, and thus will know which of these entities will be a party to the agreement with the Client.  

3.3 The prices of the products indicated on the Medistore Platform websites are given in Polish zlotys (PLN); The total cost of the order (i.e. the price of all Services and Goods covered by the same Order) is indicated in the Cart before the Client places the Order. Prices are indicated in gross amounts. The Client obtains information, m.in in the course of the transaction process, whether the price presented relates to the Goods or Services presented by Medicover or the Seller.  

3.4 If Medicover is the entity providing the Benefit, it reserves the right to make changes to the prices and type of Goods and Services on an ongoing basis, which, however, does not apply to already concluded Benefit contracts. If the Seller is an entity obliged to provide the Service, the Seller determines the Prices and the rules for their changes on its own. In this respect, the Specific Conditions of the Order should be verified. The price change does not apply to Goods and Services if they have been added to the Cart within 30 minutes of being added.  

4. CONDITIONS FOR PLACING AND EXECUTION OF ORDERS: 

4.1 The Client may place Orders for Services and Goods available in the assortment of the Medistore Platform 7 (seven) days a week and 24 (twenty-four) hours a day, subject to prohibitions or restrictions on trade resulting from mandatory provisions of law and technical breaks. 

4.2 Placing Orders with the help of consultants of the Medistore Hotline is possible during its working hours, i.e. on working days from 8:00 a.m. to 8:00 p.m., weekends and holidays from 8:00 a.m. to 6:00 p.m.  

4.3. In order to place an Order (both when the Service is provided by Medicover and the Seller), the Client must select the Service or Goods that are the subject of the Order and then follow the subsequent steps of concluding the transaction, in particular: 

If the entity providing the Benefit is the Seller (and not Medicover), the documents referred to above (the Seller's Terms and Conditions) are prepared by the Seller and form part of the agreement concluded between the Seller and the Client, 

if it is necessary to receive an invoice, enter the data in the invoice, if they are different from the data for the receipt of the Service or Goods by the Beneficiary, 

An Order is treated as correctly placed if the Client has correctly specified the Goods or configured the Service or Service Package according to the guidelines available each time in the Product Card, ticked the "Order and pay" button and made a full payment (by making the payment, the Client finally confirms the willingness to obtain the Goods or Services). After concluding the Agreement, the Client will receive a confirmation of the order made, including the payment. Until the payment is made, the Client can resign from the transaction at any time, even if they have selected the "Order and pay" button. The Client may pay for the order of Goods and Services added to the cart for a period of 15 minutes (from their addition). During this time, the Goods or Services are waiting to be paid for, and the bidder (Medicover or the Seller) is bound by the offer (including the price). After this time, the Client must add the specified Goods and Services to the basket again. In the event of the expiry of the indicated period and the expiry of the possibility of making a payment (confirmation of the willingness to order), the price of the Goods and Services may change.    

Confirmation of the conclusion of the contract for the provision of the Service is sent immediately after its conclusion on a durable medium (via e-mail). The confirmation clearly states who is the party to the agreement with the Client in relation to the Benefit (whether Medicover or the Seller). If the Seller is a party to the contract with the Client for the Service, the Client will receive a confirmation of concluding the agreement (placing and paying for the Order), which will include the Specific Terms and Conditions of the Order specified by the Seller. The e-mail will send the indicated documents in the form of an attachment in the .pdf file format.   

4.4 Orders will be executed only in Polish, unless otherwise stipulated in the Detailed Terms and Conditions of the Order specified by the Seller.   

4.5 The Client is obliged to fill in the data indicated in point 4.3 above, necessary to create the Order, in accordance with the facts.  

4.6 Medicover (in this respect the Sellers determine their own terms and conditions) may refrain from performing the agreement if it is impossible or involves a risk of damage to Medicover as a result of: 

4.7 When an Order is placed in relation to the Services provided by Medicover, the contract is subject to performance if the doubts are clarified or the irregularities are removed (referred to in section 4.6). Medicover may also cancel the Order if the irregularity is irremediable or is not removed in a timely manner. If Medicover terminates the agreement or the agreement is invalid in accordance with the provisions of the Civil Code, the Client will receive a refund of the price paid. A refund of the price paid is tantamount to Medicover's statement on termination of the contract or a statement on evasion of the consequences of submitting the Purchase Confirmation.  

5. PAYMENT, CONCLUSION OF THE CONTRACT AND EXECUTION OF THE ORDER  

7. PERSONAL DATA  

7.1 Personal data provided by Clients on the Medistore Platform are processed by Medicover sp. z o.o. with its registered office address: al. Jerozolimskie 96, 00-807 Warsaw (data controller). The Seller is a separate data administrator and publishes the rules of data processing before concluding the agreement with the Client.   

7.2 Providing personal data by the Client is voluntary, but necessary to purchase Goods and Services and use the Services. Medicover processes personal data for the purpose of concluding and performing sales contracts for Goods and Services purchased on the Medistore Platform with the Client. The full text of the information clause (privacy policy) is available at the indicated address (link).  

7.3 The Client is obliged to provide correct data.   

7.4 If the Client places the Beneficiaries' data (including their name and surname, PESEL number, address, telephone number or e-mail address) on the Medistore Platform website, they may do so only on condition that they do not violate the provisions of applicable law and the personal rights of these persons. 

8. COMPLAINTS   

8.1. The following rules apply to the receipt of complaints related to the operation of the Medistore Platform itself, as well as to Orders processed by Medicover as a party to the agreement with the Client. The rules of the complaint concluded with the Seller are specified in the Detailed Terms and Conditions of the Order of a given Seller. 

8.2 Reports containing complaints, questions, suggestions, information about problems related to the Medistore Platform and contracts concluded by Medicover may be submitted in one of the following ways: 

8.3 Complaints regarding service are considered within 10 days, complaints regarding purchased goods and services sold by Medicover are considered within 14 days in the case of Goods and Services other than medical services and 30 working days in the case of medical Services - counted from the date of receipt of all data necessary to consider the complaint at the following address: Medicover Sp. z o.o.   

8.4 Medicover declares that, in accordance with the agreements concluded with telecommunications operators, these operators should not charge the Client for telephone calls other than for ordinary telephone calls.  

9. MARKETPLACE SERVICE  

9.1 The Marketplace Service enables Clients to order Services and Goods via Medicover via Medicover from Sellers (i.e. entities other than Medicover) via Medicover. This intermediation consists in organizing and making available to Clients and Sellers a forum where Clients on the one hand and Sellers on the other hand make direct declarations of will and knowledge leading to the conclusion of contracts concerning Goods or Services; Medicover does not receive or make such declarations of intent on its own behalf or on behalf of others. However, Medicover is authorised to receive, on behalf of the Sellers, the Clients' declarations of intent in the cases specified in the Detailed Terms and Conditions of the Contract specified by the Sellers.   

9.2 Only entrepreneurs who have entered into a cooperation agreement with Medicover, enabling them to offer Services and Goods to Customers via the Medistore Platform, may be sellers on the Marketplace service. Sellers are verified in accordance with m.in point 10 below in terms of DSA requirements. Contact details of Sellers are available on the Medistore Platform in the following places:   

If the contract for Goods or Services is concluded with Medicover, this is clearly indicated both on the Product Card and in the purchasing process (in the Shopping Cart).   

9.3 The Marketplace Service is provided to Customers free of charge. Fees and commissions associated with transactions made using the Marketplace are charged to Sellers and apply to the Benefit provided by the Seller. Of course, the payment for the Order made with a given Seller is made by the Client to a given Seller.    

9.4 As part of the Marketplace service, Customers have the opportunity to: 

9.5 The Client's use of the Marketplace service and placing orders with the Sellers is possible in accordance with the provisions of these Terms and Conditions contained in points 2-6 with the following reservations: 

9.6 (Responsibility) The Seller is responsible for the quality of the Goods and Services (including Service Packages) sold/delivered via the Medistore Platform by the Seller as part of the Marketplace service. Medicover does not provide a warranty for Goods and Services sold via the Medistore Platform by the Seller as part of the Marketplace service. Information on the possible warranty and its conditions provided by the Sellers is included in the Detailed Terms and Conditions of the Order.  

9.7 The rules of complaints, returns and withdrawal from the agreement concluded with the Seller and other specific rules concerning the order of a given Goods or Service are specified in the Specific Terms of the Order.   

9.8 If the Seller's Specific Terms and Conditions indicate the possibility of using the complaint and withdrawal/refund forms provided by Medicover, the Client may use them at the link: Returns.   

9.9 (Complaints) Complaints regarding the Services and Goods purchased from individual Sellers and regarding contracts concluded with individual Sellers should be addressed directly to the Sellers in accordance with the rules specified by the Sellers in the Detailed Terms and Conditions of the Order.  

9.10 Complaints related to the Marketplace service may be submitted in accordance with the rules set out in section 8 of the Terms and Conditions.   

9.11 (Personal data) The rules for Medicover's processing of Clients' data as part of Orders placed with Sellers and the division of roles and responsibilities in this respect are described in the privacy policy (see point 7 above). In addition, each Seller specifies in its Detailed Terms and Conditions the rules regarding the processing of personal data to the extent that it is an independent controller.   

9.12 If the Customer places the data of the Beneficiaries (including their name and surname) on the Marketplace service, it may do so only on the condition that the provisions of the applicable law and personal rights of these persons are not violated.  

9.13 (Differentiated Treatment of Vendors) 

Medicover does not introduce differentiated treatment of Sellers except for the cases expressly indicated in the Terms and Conditions, i.e. with regard to the possibility of displaying Advertisements ordered by Sellers. The Ranking Rules and the Content Recommendation are described in Appendix 1 to the Regulations.   

10. Dealing with illegal content and content that violates the Terms of Service in cases where the Digital Services Act - "DSA" applies  

10.1. The scope of application of this section of the Regulations:  

In the context of the Marketplace service, Medicover provides:  

The above applies only to elements within which Medicover stores information provided by the recipient of the service (Customer or Seller) and at their request. This applies primarily to information that is part of the contract between the Customer and the Seller. This also applies to information regarding the Goods or Services provided by the Seller, as well as advertising published at the request of the Sellers.   

10.2 Contact points for Member States' authorities, the Commission and the Digital Services Board dsa@medistore.com.pl.   

10.3 Contact points for service recipients (Customers or Sellers) dsa@medistore.com.pl.   

10.4 It is forbidden to transmit illegal Content on the Medistore Platform and Content that violates the Terms and Conditions, referred to m.in in points 2.3 and 2.11 of the Terms and Conditions, even if it is not illegal Content. This includes the prohibition of providing illegal Goods or Services.   

10.5 Medicover may verify content before it is published (Reviews or descriptions of Goods or Services prepared by Sellers), but only in terms of providing Content that is illegal or violates the Terms and Conditions. Medicover also verifies the content provided by Sellers in accordance with Articles 30-33 of the DSA, including with regard to the authenticity of the Sellers' identification data provided.  

10.6 Except in the case referred to in point 10.5 above, Medicover does not, as a rule, carry out independent monitoring activities of Illegal Content in accordance with Article 7 of the DSA, but verifies the content if a report is made. Medicover may periodically independently (without reporting) verify whether the posted content violates the terms of the Terms and Conditions. Medicover does not use automatic mechanisms to identify Content that is illegal or violates the terms of the Terms and Conditions.   

10.7 Information about Illegal Content can be reported using the contact form available on the medistore.com.pl/DSA website  or to the e-mail address of the contact point. Medicover will submit the decision on the application – in accordance with Article 16 of the DSA – within 14 days electronically to the e-mail address indicated by the applicant.   

10.8 If the information provided by the Client or the Seller constitutes the content referred to in point 10.4, Medicover may:  

In the above cases (and those indicated in Article 17 of the DSA), Medicover will provide a justification to all interested recipients of the service (Clients or Sellers).   

10.9 In the case referred to in Article 23 of the DSA, i.e. frequent transmission of obviously illegal content, Medicover may suspend the provision of services in relation to the recipient of the service who acts in such a manner. Obviously illegal content may include, in particular, content: 

10.10 Medicover shall provide persons or entities who have made a report or who are the subject of a report (in accordance with Article 16 of the DSA), i.e. Clients or Sellers – for a period of at least six months from the date of the decision referred to below – with access to an effective internal complaint-handling system that enables them to lodge complaints electronically and free of charge against a decision taken by Medicover upon receipt of the report,  or the following decisions made by Medicover due to the fact that the information provided by recipients constitutes illegal content or is inconsistent with the provider's terms of use: 

(a) decisions to remove or disable access to information or to limit the visibility of information; 

(b) decisions to suspend or terminate the provision of the service, in whole or in part, to customers; 

(c) decisions on the suspension or closure of the recipients' account; 

d) decisions to suspend, terminate or otherwise limit the possibility of monetizing the information provided by the recipients.   

10.11 Complaints referred to in point 10.10 are accepted and considered in accordance with the following rules:   

(a) The period of at least six months referred to above shall begin on the date on which the recipient of the service has been informed of the decision in accordance with Article 16(5) of the DSA or Article 17 of the DSA;   

b) Complaints can be submitted by sending to the address dsa@medistore.com.pl;   

c) Medicover handles complaints submitted through its internal complaints handling system in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint contains sufficient reasons for Medicover to consider that its decision not to act in response to the report is unjustified, or that the information complained about is not illegal and inconsistent with its terms of service, or contains information indicating that the complainant's action does not justify the measure taken, Medicover shall without undue delay revoke its decision referred to in section 10.10 above;  

d) Medicover shall inform complainants without undue delay of its reasoned decision regarding the information to which the complaint relates and inform complainants of the possibility of out-of-court dispute resolution provided for in Article 21 of the DSA and of other available options of appeal. Medicover ensures that these decisions are made under the supervision of appropriately qualified personnel and not only on the basis of automated means;  

10.12 Out-of-Court Dispute Resolution Policy  

In order to resolve disputes in connection with decisions taken in the internal complaint-handling system, there is, for m.in, the possibility of out-of-court dispute resolution before a so-called certified out-of-court dispute resolution body in accordance with Article 21 of the DSA. Certified Alternative Dispute Resolution Bodies are impartial and independent bodies explicitly authorised by EU Member States that have the capacity and expertise to assess the disputes referred.   

Medicover will provide information about the possibility of using the indicated dispute resolution methods as part of the decision referred to in section 10.11(d) of the Terms and Conditions.   

The foregoing does not limit the right of the recipient of the service concerned to initiate proceedings at any stage of the proceedings to challenge Medicover's decision before a court in accordance with applicable law.  

10. 13 Medicover publishes the information referred to in Article 15 of the DSA, i.e. a report on the content moderation activities carried out by publishing it on the medistore.com.p./DSA website. If Medicover applies any of the restrictions referred to in section 10.8 above, it will provide the recipient of the service with the appropriate justification referred to in Article 17(3) of the DSA. Such justification will be sent by e-mail to the contact details of the recipient of the service.  

10.14 If Medicover obtains information about an illegal product or service offered by the Seller via the Medistore Platform (as part of the Marketplace service), it will inform consumers who have purchased such Goods or Services, provided that it has their contact details, of: 

This applies to the acquisition of illegal Goods or Services in the six months preceding the moment when the supplier became aware of their illegal nature.  

 Goods and Services available on the Medistore Platform are placed according to the following parameters: 

The client determines the ranking criteria indicated above on its own.  

Recommendations on the Medistore Platform may appear in the following cases:  

The recommendation is not related to profiling. It is not tailored to a specific Client, but the presented content is displayed in the same way to all Clients of the Medistore Platform at the same time.   

Appendix No. 2 to the Regulations 

​​ INFORMATION ON EXERCISING YOUR RIGHT OF WITHDRAWAL   

1. Subject to point 2 below, you have the right to withdraw from this agreement (concerning orders from Medicover sp. z o.o.) Goods or Services) within 14 days without giving any reason.  

2. The right to withdraw from the agreement does not apply in the case of:   

 3. In the case of: 

 4. In order to exercise your right to withdraw from the agreement, you must inform us (i.e. Medicover sp. z o.o.) of your decision to withdraw from this agreement by means of an unequivocal statement sent at your choice:  

5. You may also fill in and send the withdrawal form or any other unequivocal statement electronically using the online form available at: https://www.sklep.medicover.pl/zwroty. If you use this option, we will immediately send you a confirmation of receipt of the withdrawal notice on a durable medium (e.g. by e-mail). 

6. You can use the model withdrawal form (attached below) from the contract, but it is not obligatory.  

7. In order to meet the deadline for withdrawal from the agreement, it is sufficient for you to send information on the exercise of your right to withdraw from the agreement before the deadline for withdrawal from the agreement expires. 

Consequences of withdrawal from the contract: 

8. In the event of withdrawal from this contract, we will refund to you all payments received from you, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest ordinary method of delivery offered by us), immediately, and in any case not later than 14 days from the day on which we were informed of your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods as you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return (see below for the cost of returning the goods).  

9. In the case of contracts for the purchase of Goods, we may withhold the refund of payment until we have received the goods or until you have provided us with proof of sending them back, whichever occurs first. 

10. In the event of receiving the Goods: 

11. If you have requested the commencement of the provision of services before the deadline for withdrawal from the contract, you will pay us an amount proportionate to the scope of services provided up to the time you informed us about the withdrawal from this contract.       

MODEL WITHDRAWAL FORM