Polska wersja Regulaminu jest dostępna tutaj.

Terms and Conditions of the TopBioMedical.Expert Websites

(terms and conditions for the provision of electronic services and the sale of products and digital content)

I. DEFINITIONS

Service Provider / Seller / Vendor / Personal Data Controller –

1. Top BioMedical Expert sp. z o.o. with its registered office in Łódź,
   address: ul. H. Sienkiewicza 85-87 lok. 1, 90-057, Łódź
   entered into the Register of Entrepreneurs of the National Court Register (KRS) under number: 0001197362, NIP (Tax Identification Number): 7252359833, phone. +48 536 152 621

Contact details:

• e-mail: office@topbiomedical.expert

For any matter relating to personal data, the User may contact the Controller by sending an e-mail to: ado@topbiomedical.expert

2. Postal address – the name and surname or name of an institution, street, building number, apartment or unit number (if applicable), postal code and town/city.
3. Contact details and complaints address – as indicated in point 1 above, unless the Seller indicates a different address on the Store’s website.
4. Delivery price list:
   • at present, the Seller does not ship any physical orders,
   • all products currently available in the Store are digital products (digital content) made available online.

If physical products are introduced in the future, the delivery price list and information on delivery costs and times will be published on the Store’s website.

5. Personal data – any information relating to an identified or identifiable natural person.
6. Proof of purchase – an invoice, bill or receipt issued in accordance with applicable legal provisions.
7. Product page – an individual subpage of the Store containing information about a product (in particular digital content), including its description, price, type of licence and method of delivery.
8. Client – an adult natural person with full legal capacity, a legal person, a sole trader or an organisational unit without legal personality that is granted legal capacity by law, making a purchase from the Seller in connection with and directly related to their business or professional activity.
9. Civil Code – the Act of 23 April 1964 – Civil Code, as amended.
10. Code of Good Practice – a set of rules of conduct, in particular ethical and professional standards, as referred to in the Act of 23 August 2007 on Counteracting Unfair Market Practices.
11. Consumer –
    • an adult natural person with full legal capacity making a purchase that is not directly connected with their business or professional activity, and
    • a natural person conducting business activity, entering into a contract directly related to their business activity, but which does not have a professional character for that person (a so-called “entrepreneur with consumer rights” – in accordance with the provisions in force as of 1 January 2021).

12. Basket (Cart) – a list of products selected by the Buyer in the Store.
13. Buyer – both the Consumer and the Client.
14. Place of delivery –
    • for physical products – the postal address or collection point indicated in the order by the Buyer,
    • for digital content – the ICT (information and communications technology) environment indicated by the Buyer (e.g. user account, e-mail address, download panel, online course platform).

15. Moment of delivery –
    • for physical products – the moment when the Buyer or a person indicated by the Buyer takes possession of the item,
    • for digital content – the moment the Buyer is enabled to download the file or use the digital content (e.g. by sending a link, granting access).

16. Payment – the method used to pay for the subject of the contract and any delivery costs.
17. Privacy Policy – the rules governing the processing of Buyers’ personal data, their rights and the obligations of the Personal Data Controller, available at: https://topbiomedical.expert/privacy-policy/.
18. Consumer Law – the Act of 30 May 2014 on Consumer Rights.
19. Product –
    • the minimum and indivisible quantity of goods or digital content that may be the subject of an order,
    • in particular: e-books, PDF files, audio/video recordings, online courses, other digital content, as well as any physical products, should such be introduced into the offer.

20. Subject of the contract – products (digital content and any goods) and delivery (where applicable) that are the subject of the contract between the Buyer and the Seller.
21. Subject of performance – the subject of the contract.
22. Collection point – the place of delivery of goods that is not a postal address, listed in a schedule made available by the Seller (applies only to physical products, if and when they are introduced).
23. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
24. Goods – a movable item that may be the subject of a contract.
25. Store / Service – the online service available at the main address Topbiomedical.expert and other websites and subpages that form its integral part, through which the Buyer may place an order.
26. Electronic payments / Payment operator – payments made via online payment systems.

The entity providing online payment processing services is Autopay S.A.

27. System – a set of cooperating IT devices and software, providing processing, storage, sending and receiving of data through telecommunications networks (the Internet).
28. Contract – a distance contract within the meaning of the Consumer Rights Act (in particular a contract for the supply of digital content) and a sales contract within the meaning of Article 535 of the Civil Code, concluded between the Buyer and the Seller.
29. Defect – both a physical defect and a legal defect.
30. Physical defect – non-conformity of the sold goods with the contract within the meaning of the Civil Code, in particular if the goods:
    • do not have properties that goods of this kind should have given the purpose specified in the contract or arising from circumstances or use;
    • do not have properties of which the Seller assured the Consumer;
    • are not fit for the purpose of which the Consumer informed the Seller at the time of conclusion of the contract;
    • were delivered incomplete;
    • were incorrectly installed/commissioned in cases specified in the relevant provisions;
    • do not have properties assured by the producer or distributor, unless the Seller did not know or, acting reasonably, could not have known about such assurances.

31. Legal defect – a situation in which the sold goods are owned by a third party or encumbered with the right of a third party, or where a limitation on the use or disposal of the goods results from a decision or ruling of a competent authority.
32. Order – a declaration of intent by the Buyer submitted via the Store, unambiguously specifying:
    • the type and quantity of products;
    • the type of delivery (if applicable);
    • the method of payment;
    • the place of delivery of goods or the method of providing digital content;
    • the Buyer’s data – directly leading to the conclusion of a contract.

33. User – any internet user browsing the content available on the websites referred to in point 25, who may become a Client.

II. GENERAL TERMS

1. The contract is concluded in Polish, in accordance with Polish law and these Terms and Conditions.
2. The Seller provides electronic services in accordance with the Act of 18 July 2002 on the Provision of Services by Electronic Means and these Terms and Conditions.
3. The Terms and Conditions are made available free of charge before the conclusion of the contract, in a way that enables the User to obtain, reproduce and store them using the ICT system used by the User (e.g. file download, printing).
4. The Service Recipient (Buyer) is not bound by provisions of the Terms and Conditions that were not made available to them in the manner indicated above.
5. The Seller undertakes to provide services and deliver products free from defects.
6. All prices given by the Seller are gross prices (including VAT) and are expressed in Polish zloty (PLN), unless expressly stated otherwise.
7. Product prices do not include delivery costs for physical products (if introduced in the future). There are no physical delivery costs for digital content.
8. Deadlines are calculated in accordance with Article 111 of the Civil Code.
9. Confirmation, provision, recording and securing of the essential terms of the contract takes place in particular by:
   • sending to the Buyer’s e-mail address an order confirmation, information about the right of withdrawal, and links to the Terms and Conditions and the withdrawal form;
   • making the documents available in the user’s panel;
   • enclosing a proof of purchase and information on the right of withdrawal with the shipment (in the case of physical products).

10. The Seller does not charge any fees for communication using means of distance communication; the Buyer bears the costs arising from their agreement with their telecommunications service provider.
11. Technical requirements necessary for cooperation with the Seller’s ICT system:
    • access to the Internet,
    • a current version of a web browser (with JavaScript and cookies enabled),
    • an active e-mail account,
    • a device that allows reading digital content (e.g. computer, tablet, e-reader, smartphone).

12. The use of third-party software (plug-ins, blockers) affecting the operation of the browser may impact correct display of the Store; in case of problems it is recommended to disable such add-ons.
13. The Buyer may choose to create a user account in the Store (electronic service “account”), which allows viewing order history, downloading digital content and facilitates future purchases. The account password should be kept confidential.
14. The Seller adheres to the Code of Good Practice.
15. Prohibition of unlawful content: The Buyer and the User are in particular obliged to:
    • refrain from providing and transmitting unlawful content;
    • use the Store in a manner consistent with applicable law, good morals and principles of social coexistence.

III. CONCLUSION OF THE CONTRACT AND PERFORMANCE

1. Orders may be placed 24 hours a day, 7 days a week.
2. To place an order, the Buyer should:
   • add the selected product to the Basket;
   • proceed to the order form;
   • provide the required data (including name, surname, e-mail address, postal address);
   • select the payment method;
   • read and accept the Terms and Conditions and the Privacy Policy;
   • click the “Place Order” or equivalent in another language button.

3. The contract with a Consumer is concluded at the moment the order is placed (i.e. when the “Place Order” or equivalent in another language button is clicked).
4. The contract with a Client (business customer) is concluded at the moment the order is accepted by the Seller, of which the Seller informs the Client within 48 hours of the order being placed.
5. Available payment methods:
   Payment cards:
   • Visa
   • Visa Electron
   • Mastercard
   • Maestro

and other payment methods offered within the Autopay system (e.g. instant online transfers, BLIK – if enabled), as well as any additional methods (e.g. PayPal, traditional bank transfer), if clearly indicated in the Store.

The entity providing online payment processing services is Autopay S.A.

6. Order processing time in the case of card payments and online payments:
   • for digital content – the product is made available without undue delay after positive authorisation of the payment, no later than within 24 hours from receipt of payment confirmation;
   • for physical products (if introduced) – dispatch takes place within the time specified on the product page, and for orders consisting of multiple products – within the longest of the indicated times.
7. Order fulfilment:
   • for a Consumer paying by bank transfer or electronic payment – after the payment has been credited to the Seller’s account;
   • for a Client – in accordance with the established practice and the Seller’s confirmation of order acceptance.
8. The purchased product is:
   • for digital content – made available as a file for download, access to a platform, a link sent by e-mail or provided in the user’s panel;
   • for physical products – shipped using the delivery method chosen by the Buyer, to the address indicated.
9. In the event of a need to refund funds for a transaction made by the Buyer using a payment card, the Seller shall refund the payment to the bank account assigned to the Buyer’s payment card or, as a rule,
   shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for them.

IV. RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. As a general rule, the Consumer has the right to withdraw from a distance contract without giving any reason within 14 days, subject to the exceptions provided for in the applicable legislation and in these Terms and Conditions.
2. The 14-day period starts:
   • for a contract for the supply of digital content – on the day the contract is concluded (date of purchase);
   • for a sales contract for a physical product – on the day the Consumer or a person indicated by the Consumer takes possession of the goods.

3. The Consumer may submit a declaration of withdrawal from the contract:
   • by e-mail to: office@topbiomedical.expert,
   • or in another form permitted under the Consumer Rights Act.

4. The Seller shall promptly confirm receipt of the Consumer’s declaration of withdrawal by e-mail.
5. In the event of withdrawal from the contract, the contract is deemed not to have been concluded.
6. For physical products, the Consumer is obliged to return the goods to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the contract. The deadline is met if the goods are sent back before its expiry.
7. The Consumer sends back goods that are the subject of the contract at their own cost and risk, unless the Seller has expressly agreed to collect them at its own cost.
8. The Consumer does not bear the costs of supplying digital content not stored on a tangible medium if:
   • they have not consented to the performance before the expiry of the withdrawal period,
   • or they were not informed about the loss of the right of withdrawal,
   • or the Seller did not provide the confirmation referred to in Article 15(1) and Article 21(1) of the Consumer Rights Act.

9. The Consumer is liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to establish their nature, characteristics and functioning.
10. The Seller shall refund all payments made by the Consumer (including the cost of delivery of the goods in the case of physical products) without undue delay, and in any event not later than 14 days from the day on which the Seller receives the Consumer’s declaration of withdrawal from the contract, subject to the following:
    • for physical products – the Seller may withhold the refund until it has received the goods back or until the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.

11. The refund shall be made using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any additional costs for them.
12. No right of withdrawal for digital content supplied immediately
    Pursuant to Article 38 of the Consumer Rights Act, the Consumer has no right to withdraw from a contract in respect of:
    • the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Consumer’s prior express consent before the end of the withdrawal period and after the Consumer has been informed of the loss of the right of withdrawal.

In practice this means that:

1. when purchasing e-books, PDF files, online courses and other digital content for download or immediate access, the Consumer consents to the performance before the expiry of the 14-day period and confirms that they are aware of the loss of the right of withdrawal;
2. once digital materials have been made available for download, there is no possibility to return them or withdraw from the contract on that basis.
3. In accordance with Article 38 of the Consumer Rights Act, the Consumer also has no right of withdrawal, inter alia, where:
   • the subject of performance is goods made to the Consumer’s specifications or clearly personalised;
   • the subject of performance consists of audio or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;
   • the subject of performance consists of newspapers, periodicals or magazines, with the exception of subscription contracts.
4. A withdrawal form is available to download here.

V. WARRANTY FOR DEFECTS

1. On the basis of Article 558 § 1 of the Civil Code, the Seller entirely excludes liability towards Clients (business customers) for physical and legal defects (warranty for defects). This exclusion does not apply to Consumers or entrepreneurs with consumer rights, where mandatory provisions of law provide otherwise.
2. The Seller is liable towards the Consumer on the terms set out in Article 556 et seq. of the Civil Code for defects (warranty for defects).
3. In the case of a contract with a Consumer, if a physical defect is discovered before the expiry of one year from the moment of delivery of the goods, it is presumed that the defect existed at the time the risk passed to the Consumer.
4. If the sold goods have a defect, the Consumer may:
   • submit a statement requesting a price reduction;
   • submit a statement of withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective goods with goods free of defects or removes the defect. If the goods have already been replaced or repaired, or if the Seller has not fulfilled the obligation to replace the goods or remove the defect, the Consumer may demand a price reduction or withdraw from the contract.

5. The Consumer may – instead of the remedy proposed by the Seller – demand replacement of the goods with goods free from defects or, instead of replacement, demand removal of the defect, unless bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs.
6. The Consumer may not withdraw from the contract if the defect is insignificant.
7. If the sold goods have a defect, the Consumer may also:
   • demand replacement of the goods with goods free from defects;
   • demand removal of the defect.

8. The Seller is obliged to replace the defective goods with goods free from defects or remove the defect within a reasonable time and without undue inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer’s request if bringing the defective goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared with another possible way of bringing them into conformity.
10. If defective goods have been installed, the Consumer may demand that the Seller dismantle and reinstall them after replacement with goods free from defects or removal of the defect. The Consumer is obliged to bear part of the costs related to this dismantling and reinstallation exceeding the price of the goods, or may demand that the Seller pay a portion of the costs of dismantling and reinstallation up to the price of the goods. If the Seller fails to fulfil this obligation, the Consumer may carry out these activities at the Seller’s cost and risk.
11. A Consumer exercising rights under the warranty is obliged, at the Seller’s cost, to deliver the defective goods to the complaints address. If, due to the nature of the goods or the way they have been installed, delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the goods available to the Seller at the place where they are located. If the Seller fails to fulfil this obligation, the Consumer may send the goods back at the Seller’s cost and risk.
12. The costs of replacement or repair shall be borne by the Seller, except in the situation referred to in point 10 above.
13. The Seller is obliged to accept defective goods from the Consumer in the event of replacement with goods free from defects or withdrawal from the contract.
14. The Seller shall respond within 14 days to:
    • a statement requesting a price reduction;
    • a statement of withdrawal from the contract;
    • a demand for replacement of the goods with goods free from defects;
    • a demand for removal of the defect.

Failure to respond within this period means that the complaint is deemed to be justified.

15. The Seller is liable under the warranty if a physical defect is discovered before the expiry of two years from the moment the goods were delivered to the Consumer, and in the case of used goods – before the expiry of one year (if such was agreed).
16. The Consumer’s claim for removal of a defect or replacement of the goods with goods free from defects becomes time-barred one year after the date the defect was discovered, but not earlier than two years from the date on which the goods were delivered to the Consumer (or one year in the case of used goods, if so agreed).
17. If the expiry date for the use of the goods specified by the Seller or the producer is longer than two years, the Seller is liable under the warranty for physical defects discovered before the expiry of that period.
18. Within the periods referred to above, the Consumer may submit a statement of withdrawal from the contract or a request for a price reduction due to a physical defect in the goods sold. If the Consumer has requested replacement or removal of the defect, the period for submitting a statement of withdrawal from the contract or price reduction begins upon the ineffective expiry of the deadline for replacement or removal of the defect.
19. If one of the rights under the warranty is pursued before a court or arbitration court, the period for exercising other rights arising from the warranty is suspended until the proceedings have become final. This rule applies accordingly to mediation proceedings.
20. The periods for exercising rights under the warranty for legal defects are applied accordingly, except that the limitation period starts on the day on which the Consumer learned of the existence of the defect, and if the Consumer learned of it only as a result of a third party’s claim – from the day on which the ruling issued in the dispute with that third party became final.
21. If, due to a defect in the goods, the Consumer submitted a statement of withdrawal from the contract or a price reduction, they may demand compensation for damage suffered as a result of concluding the contract without being aware of the defect. In particular, they may demand reimbursement of the costs of concluding the contract, collecting, transporting, storing and insuring the goods, as well as reimbursement of court costs.
22. No limitation period for discovering a defect excludes the exercise of rights under the warranty if the Seller fraudulently concealed the defect.
23. If the Seller is obliged to provide performance to the Consumer (including a financial performance), the Seller shall perform it without undue delay, no later than within the time limits provided for by law.

VI. COMPLAINTS

1. At the time of collecting a physical product, the Buyer is obliged to inspect the shipment. Any damage or discrepancies should be reported immediately to the courier (by drawing up a damage report) and the Seller should be contacted by e-mail at: office@topbiomedical.expert
2. Each item purchased in the Top BioMedical Expert Store that is not an electronic (digital) product is – unless otherwise indicated – brand new and covered by a 12-month warranty, but not longer than the expiry date (if applicable).
3. Complaints may be submitted:
   • in writing to the Seller’s correspondence address, or
   • by e-mail to: office@topbiomedical.expert

A complaint should include:

• the Buyer’s details enabling contact (name, surname/company name, e-mail address, correspondence address);
• proof of purchase (or a copy thereof);
• a description of the subject of the complaint and an indication of the defect or non-conformity with the contract;
• the complainant’s demand (e.g. repair, replacement, price reduction, withdrawal from the contract).

In the case of digital content, instead of returning an item, the Buyer describes the non-conformity of the digital content with the contract (e.g. inability to play the file, technical errors preventing use).

4. The Seller shall respond to the Buyer’s complaint within 14 calendar days and inform them whether the complaint has been accepted or rejected, and how the Seller intends to proceed (repair, replacement, refund of part or all of the price, other solution).
5. If the complaint is accepted in favour of the Buyer, the Seller shall:
   • as regards physical products – promptly replace the defective product with a defect-free one or remove the defects and send the product back at its own cost;
   • as regards digital content – bring the digital content into conformity with the contract (e.g. by making a corrected version available, removing a technical error, providing other equivalent access), and if this is not possible within a reasonable time – refund an appropriate part or all of the price.

If replacement, repair or price reduction is impossible, the Seller shall refund the amount due without undue delay, but no later than within 14 days.

VII. PRIVACY POLICY AND PERSONAL DATA SECURITY

1. The controller of personal data provided by the Buyer in connection with the use of the Store is the Seller (Top BioMedical Expert sp. z o.o.).
2. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for processing, as well as the recipients of the data – is set out in the Privacy Policy available in the Store, prepared in accordance with the principle of transparency under the GDPR.
3. The purposes of processing the Buyer’s personal data provided in connection with purchases in the Store include in particular:
   • the fulfilment of orders and contracts concluded via the Store (sales contract / contract for the supply of digital content);
   • compliance with legal obligations incumbent on the Seller (e.g. tax, accounting);
   • the establishment, exercise or defence of potential claims;
   • where separate consent has been given – also marketing purposes (e.g. newsletter).

4. The legal grounds for processing the data include in particular:
   • Article 6(1)(b) GDPR – performance of the contract or taking steps at the request of the Buyer prior to entering into the contract;
   • Article 6(1)(c) GDPR – compliance with a legal obligation to which the Seller is subject;
   • Article 6(1)(f) GDPR – legitimate interests pursued by the Seller consisting in establishing, exercising or defending claims;
   • Article 6(1)(a) GDPR – the Buyer’s consent to specific activities (e.g. newsletter), where such consent is required.

5. The Buyer’s consent to the processing of data for a specific purpose (e.g. marketing) is voluntary and may be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
6. For the purpose of fulfilling the Buyer’s order, the following personal data are collected in particular:
   • e-mail address – necessary for communication and delivery of digital content;
   • name and surname / company name;
   • billing address and, in the case of physical products – delivery address;
   • telephone number – where necessary for order fulfilment or delivery.

7. The Buyer has rights under the GDPR, including the right to:
   • access their data;
   • rectify their data;
   • erase their data (“right to be forgotten”);
   • restrict processing;
   • data portability;
   • object to processing;
   • withdraw consent (to the extent processing is based on consent);
   • lodge a complaint with the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

8. Detailed rules for the protection of personal data are set out in the Privacy Policy available at: https://topbiomedical.expert/privacy-policy/.

VIII. FINAL PROVISIONS

1. None of the provisions of these Terms and Conditions is intended to infringe the rights of the Buyer arising from mandatory provisions of law. In the event of a conflict, such provisions of law shall prevail and the relevant provisions of the Terms and Conditions shall be deemed invalid or non-binding to that extent.
2. If the law changes, or the Seller’s details change, or organisational changes occur, the Seller may amend the Terms and Conditions. Such changes do not affect rights acquired by Buyers under contracts concluded before the amendment, unless the Buyer (Consumer) agrees to apply the new version as more favourable.
3. Registered Buyers may be notified of amendments to the Terms and Conditions by e-mail (to the address provided upon registration or when placing an order).
4. The current version of the Terms and Conditions is always available on the Store’s website in the “Terms and Conditions” section, in a form that allows it to be saved and printed.
5. For a specific order and throughout the entire after-sales service period, the version of the Terms and Conditions accepted by the Buyer when placing the order shall apply, unless the Buyer agrees to the application of a newer, more favourable version.
6. In matters not regulated in these Terms and Conditions, the applicable provisions of law shall apply, in particular:
   • the Civil Code;
   • the Consumer Rights Act;
   • the Act on the Provision of Services by Electronic Means;
   • the GDPR and national provisions on personal data protection.
7. Disputes:
   • if the Consumer so wishes, a dispute may be resolved by mediation conducted by the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) or before an arbitration court;
   • the Consumer may also use out-of-court complaint and redress mechanisms;
   • ultimately, the matter shall be resolved by a common court with jurisdiction as to the place and subject matter, in accordance with applicable provisions.