Terms and Conditions of the www.emercator.com Sales Platform

I. GENERAL PROVISIONS

The sales platform of Mercator Medical S.A. operating at www.emercator.com carries on business relating to the sale of medical devices and personal protective equipment in the European Union.
The owner of the Platform is Mercator Medical S.A. based in Kraków, ul. Heleny Modrzejewskiej 30, 31-327 Kraków, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11^th Commercial Division of the National Court Register under KRS no.: 0000036244, Tax Identification Number (NIP): 6771036424, Business Statistical Number (REGON): 350967107, share capital: PLN 9.770.435,00. Paid in full

II. CONTACT DETAILS

Mailing address and address for the shipment and return of the Goods:
Mercator Medical S.A.
1. For customers not being consumers, in the case of withdrawal from the contract and a replacement request:

Yusen Logistics (Polska) Sp. z o.o.

Kontenerowa 21, 80-601 Gdańsk, Poland

1. For customers being consumers, in the case of withdrawal from the contract:

Omnipack FC3

aleja Katowicka 66 |Hala DC04/r

Nadarzyn 05-830

Any inconsistency of the Goods with the contract shall be notified by Customers being Consumers by e-mail to: contact@emercator.com or by phone: +48 665 910 087.
Any inconsistency of the Goods with the contract shall be notified by Customers not being Consumers by e-mail to: reklamacje@pl.mercatormedical.eu, or by phone with the Company’s employee dedicated to the Customer.
Enquiries concerning the Goods may also be submitted:
1) by e-mail to: contact@emercator.com;
2) by phone to: +48 665 910 087 (from 8:00 AM till 3:00 PM).

III. DEFINITIONS

The terms used in these Terms and Conditions shall mean:

beyond which the Customer shall not bear the costs of delivery of goods in connection with the Order.

Medical Device – means any instrument, apparatus, appliance, implant, reagent, material or any other article intended by the manufacturer to be used, alone or in combination, for human beings for one or more of the following specific medical purposes:
1. diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease,
2. diagnosis, monitoring, treatment, alleviation of, or compensation for, an injury or disability,
3. investigation, replacement or modification of the anatomy or of a physiological or pathological process or state,
4. providing information by means of in vitro examination of specimens derived from the human body, including organ, blood and tissue donations,

and which does not achieve its principal intended action by pharmacological, immunological or metabolic means, in or on the human body, but which may be assisted in its function by such means.

Layperson – means a natural person who has no formal education in the relevant field of health care or medicine.
Professional User – means a health care professional.
Terms and Conditions – these terms and conditions of the emercator.com sales platform.

IV. TECHNICAL REQUIREMENTS AND GENERAL INFORMATION

Using the Platform, including browsing the items sold at the Platform and placing orders for the Goods, requires the following:
1. a terminal device with Internet access and a web browser such as Microsoft Edge, Mozilla Firefox, Google Chrome, Opera, etc.,
2. cookies enabled in the browser,
The Seller is not liable for any disruptions, including interruptions in the functioning of the Platform, caused by a force majeure, by prohibited actions of third parties or the incompatibility of the Platform with the Customer’s technical infrastructure.

V. PRESENTATION OF THE GOODS ON THE WEB PAGES OF THE PLATFORM

The primary characteristics of the Seller’s performance, including the characteristics of the Goods, are defined on the web page of all Goods.
Information about the Goods presented on the web pages of the Platform shall not be deemed an offer within the meaning of Article 66(1) of the CC or Article 543 of the CC and shall only be construed as an invitation for the Customers to make offers.
Prices of Goods presented on the web pages of the Platform/Store are expressed in Polish currency (PLN) or another currency according to the content of the offer, particularly in EUR and USD. The price includes the relevant VAT rate. The prices do not include shipping costs of the Goods and costs of paying for the Goods, which are a separate cost item. The Customer shall bear the costs of delivery of the Goods and the costs of payment for the Goods. The price of the Goods is presented pursuant to the Act on Information on Prices of Goods and Services. The Customer shall not bear the costs of delivery of the Goods if the value of the order expressed in PLN exceeds the Logistics Minimum.
The presentation of the Goods serving as an advertisement of medical devices pursuant to the provisions of the Medical Devices Act complies with the Customer’s choice referred to in Chapter VI of the Terms and Conditions.

VI. CHOICE COMPLIANT WITH THE PROVISIONS OF THE MEDICAL DEVICES ACT OF 7 APRIL 2022

Whereas some Goods shown at the Platform by the Seller contain an advertisement of Medical Devices pursuant to the provisions of the Medical Devices Act, the Customer is obliged to submit a statement on the status of a Professional User or Layperson in a manner made available by the Platform and according to the rules described in these Terms and Conditions.
The statement made by the Customer with regard to the Customer’s status is submitted by choosing ‘Yes’ or ‘No’, where the choice of ‘Yes’ means the statement that the person submitting it is a health care professional, and the choice of ‘No’ is tantamount to the statement that the person submitting it is a Layperson within the meaning of the Medical Devices Act.
The choice described in Chapter VI(2) has an impact on the content of presented information within the scope of the Goods offered by the Seller for the purpose of adapting it to the provisions of the Medical Devices Act and the Customer’s statement concerning the Customer’s status of a Layperson or a Professional User.
The choice described in Chapter VI(2) does not affect the price of the offered Goods.

VII. ACCOUNT CREATION AND OTHER TERMS OF SERVICES PROVIDED BY THE SELLER

It is necessary to create a Customer Account on the Platform to place an Order via the website of the Platform and to purchase the Goods.
Registration is free and optional. Registration activities are performed only once. After registration, an individual Customer Account is created for the Customer.
To register, the Customer shall fill out the registration form, specifying the following data:
1. an active e-mail address;
2. the password to the Customer Account;
3. the full company name disclosed in the Business Activity Central Register and Information or the Polish National Court Register, or any other register into which the Customer has been entered;
4. the address of the place of residence (for Customers who are natural persons) or the registered address (for the remaining Customers);
5. optionally, the address for services – if different from the residence address or registered address;
6. Tax Identification Number (NIP);
7. phone number.
Upon registration, in order to verify the Customer’s identity, the Seller shall send a relevant activation link for the Account on the Platform to the e-mail address specified by the Customer in the above-mentioned contract. Clicking the activation link shall complete the registration of the Customer and confirm that the data specified in the registration form by the Customer are accurate.
By creating the Account, the Customer represents that:
1. the Customer has read and fully accepted the Terms and Conditions;
2. the Customer starts to use the services voluntarily and meet the conditions defined in the Terms and Conditions;
3. the data included in the registration form is accurate and do not violate third-party rights;
4. the Customer agrees to the processing, acquisition, recording, storage, conversion, provision and erasure of personal data for the purpose and to the extent necessary to correctly provide the services under the Terms and Conditions.
The Customer may change the data entered during registration at any time.
The Customer may remove the Account at any time – without stating any reasons or paying any charges on this account – by sending a relevant request to the Seller by e-mail.
The login and password shall be confidential. A Customer using a login and password is obliged to update their data entered at the time of registration whenever they are changed.
If the password is lost, the Customer may generate a new password, which shall be sent to the e-mail address indicated at the time of registration. The new password generated by the system may be changed by the Customer after logging in to the Customer Account.
The Seller may refuse to register the Customer, and if the registration has already been completed – remove the Customer Account with immediate effect (terminate the contract for electronic services) if:
1. the activities of the Customer are contrary to applicable moral norms and customs or violate the rights of third parties;
2. the Seller has received an official notice about the unlawfulness of the data provided by the Customer, or related activity or the address details specified by the Customer arouse reasonable doubts as to whether they are accurate or true, and such doubts cannot be eliminated by phone or by e-mail;
3. the Seller has received reliable information about the unlawfulness of the data provided by the Customer or related activity;
4. the Customer breaches the provisions of the Terms and Conditions.
The Seller may delete the Customer Account (terminate the contract for electronic services) if the Customer has not been active on the Platform, including, in particular, if they have not placed an Order or logged into the Customer Account for two (2) years from the last activity.
The notice of termination of the contract for electronic services submitted by the Seller shall be sent to the e-mail address specified during the creation of the Customer Account.
The Customer may delete the Customer Account at any time (by terminating the contract for electronic services).
The notice of termination of the contract for electronic services submitted by the Customer shall be deemed to be submitted when the Customer deletes their Customer Account.
If the contract for electronic services was terminated by the Seller, the Customer shall not be permitted to register again without the Seller’s consent.
Termination by notice or termination by mutual consent of the agreement for the provision of services by electronic means shall not affect the implementation of any Sales Contracts already signed, unless the Parties decide otherwise.

VIII. ORDER PLACEMENT

To place Orders via the Platform, the Customer has to log into the Customer Account on the Platform. Ordering via the website involves the following steps:
1. logging into the Account;
2. selecting the Goods by adding them to the cart;
3. selecting the delivery method;
4. selecting the payment method;
5. approving the Order by clicking ‘Order with obligation to pay’;
6. obtaining the confirmation of the Order from the Seller.
Orders for the Goods may be placed 24/7.
The Customer may select one of the following methods of delivery of the purchased Goods:
1. courier shipment;
2. personal collection of the Goods from the Seller’s Warehouse.
The Customer may select one of the following methods of payment for the ordered Goods:
1. Electronic payments;
2. Payment by card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro);
3. Cash on delivery;
4. Payment via payment gateway;
5. Payment against a proforma invoice;
6. Payment using the funds awarded in connection with the credit limit (only for Customers who have been permitted to do so under a separate agreement);
In the case of selecting electronic payment as a payment method, the Customer is obliged to pay for the ordered Goods by bank transfer to the Seller’s bank account not later than within: 3 days (for the delivery of Goods in the Republic of Poland) or 5 days (for the delivery of Goods outside the Republic of Poland) from the date of receipt of the confirmation of acceptance of the Order, otherwise the Customer shall be deemed to have resigned from the Order.
The Seller may award a credit limit to the Customer based on a separate agreement, to be used on the Platform.
If the Customer selects electronic payment or payment via a payment gateway, the Customer shall pay the fee of the payment operator or payment gateway. The amount of the fee depends on the amount of the transaction. The transaction is covered by the ‘zw’ (exempt) rate.
If the Customer selects electronic payment or payment by card, the period for the delivery of the Order shall run from the time of the successful authorisation of the payment.
If it is necessary to refund a payment for the transaction made with a payment card to the Customer, the Seller shall refund the money to the bank account assigned to the Customer’s payment card.
The provider of the online payment service is Blue Media S.A. with its registered office in Sopot.

IX. ORDER PROCESSING

The Order shall be implemented on a one-off basis, by delivering the Goods.
Orders are processed on Business Days between 8:00 AM and 4:00 PM. Orders placed after 1:00 PM and on holidays, including Saturday, shall be accepted and considered on the following Business Day.
The Goods shall be delivered to the Customer by the carrier selected by the Seller. The Customer shall bear the costs of delivery of the Goods specified by the Seller.
The Customer shall not bear the costs of delivery of the Goods in accordance with paragraph 3 above in the event that the value of the order expressed in PLN exceeds the logistics minimum.
The delivery of the Goods shall be initiated immediately after the payment is credited to the account. The total time of waiting until the Customer receives the Goods (delivery time) shall consist of the time of processing of the Order by the Seller and the time of delivery of the Goods by the carrier selected by the Customer.
Before accepting the package with the Goods, the Customer shall check if the packaging of the Goods has not been damaged in transport. Particular attention must be paid to the condition of the tapes or seals on the package.
At the time of placing the Order, until the Customer clicks the ‘Order with obligation to pay’ button, the Customer may correct the data they have entered by adding or removing particular items. The Order may also be modified by phone or by sending an e-mail.
After the Order is placed, the Seller shall promptly confirm its receipt and, at the same time, accept the Order. The confirmation of the receipt of the Order and its acceptance is done when the Seller sends a relevant e-mail to the Customer using the Customer’s e-mail address entered at the time of placing the Order, which shall include at least the acknowledgement of the receipt and acceptance of the Order by the Seller and confirmation of the conclusion of the Sales Contract. The Sales Contract between the Customer and the Seller is concluded when the Customer receives the above-mentioned e-mail.
The unit price of a single packaging of the Goods in the cart, after the application of discount codes and special offers, cannot be smaller than PLN 0.01.

X. SPECIAL RIGHTS OF CONSUMERS

If the Goods delivered by the Seller are inconsistent with the characteristics stated in the offer, the Customer being a Consumer is entitled to request the replacement of the Goods on terms stated in this Chapter. The replacement of the Goods shall mean the delivery of goods identical to the goods ordered by the Customer being a Consumer that may contain a different production number (LOT), where any difference does not affect the quality of delivered replacement goods.
The Customer being a Consumer who has the Customer Account at the Platform shall notify the replacement of the Goods, withdraw from the contract or request a decrease of the price of the Goods via form available at the Platform at: https://www.emercator.com/account/complaints-create. The Customer being a Consumer is obliged to indicate on the form whether they request the replacement of the Goods, withdraw from the Contract or request a decrease of the price of the Goods. In the case of requesting the replacement of the Goods, the Customer being a Consumer is obliged to state the place of its receipt. In the case of withdrawal from the contract by the Customer being a Consumer who has the Customer Account, such Customer shall state the reason for such withdrawal, unless the withdrawal takes place pursuant to Chapter X(13).
When notifying the replacement of the Goods, withdrawing from the contract or requesting a decrease of the price of the Goods, the Customer being a Consumer who does not have the Customer Account at the Platform is obliged to state the place of its receipt. The notification shall be done by filling in the form available at: https://mercatormedical.eu/formularz-reklamacyjny by e-mail or by phone to the address indicated in Chapter II(2) of the Terms and Conditions. The Customer being a Consumer who does not have the Customer Account at the Platform is obliged to indicate on the form whether they request the replacement of the Goods, withdraw from the contract or request a decrease of the price of the Goods. In the case of withdrawal from the contract by the Customer being a Consumer who does not have the Customer Account, such Customer shall state the reason for such withdrawal, unless the withdrawal takes place pursuant to Chapter X(13).
When the Customer being a Consumer requests the replacement of the Goods, the Seller shall accept the Goods at the Seller’s own expense from the place indicated by the Customer.
Upon collection of the Goods, the Seller shall evaluate the condition of the Goods and the relevance of their replacement within up to 7 days from the day of their receipt. During the replacement of the Goods, the Seller is entitled to obtain from the Customer being a Consumer all necessary information related to the processing of the order, particularly with regard to the terms of storage and use of the delivered Goods, the Customer being a Consumer is obliged to provide the Seller immediately with any necessary information or documents in this regard.
The Seller may refuse to ensure the condition of the Goods consistent with the offer (conformity with the contract) if the replacement is impossible or involves excessive costs on the Seller’s part.
The Seller shall replace the Goods with goods consistent with the contract within up to 14 days from the day on which the Customer being a Consumer notifies the need to replace the Goods. Costs of repair, including particularly costs of postal charges, transport, labour and materials, shall be borne by the Seller.
If the Customer is a Consumer, they may withdraw from the Sales Contract or submit a statement on the decrease of the price under the terms defined in this Chapter.
If the Customer is a Consumer, they may withdraw from the Sales Contract or submit a statement on the decrease of the price within 14 days if:
1. the Seller refused to replace the Goods;
2. the Seller did not replace the Goods within the time-limit specified in the Terms and Conditions;
3. in spite of their replacement, the Goods still not comply with the characteristics stated in the offer at the Platform;
4. the non-conformity of the Goods with the contract is serious enough to justify a decrease of the price or withdrawal from the contract without the need to replace the Goods;
5. the Seller states that the Goods cannot be replaced within the time-limit specified in the Terms and Conditions.
The withdrawal and the decrease of the price shall be notified according to the rules described in Chapter X(2) and (3); however, in the case of withdrawal made by the Customer being a Consumer, the Goods shall be sent to the address indicated in Chapter II(1).
If the Customer being a Consumer makes a statement on the decrease of the price, the Seller shall decrease the price in the same proportion to the price stated in the contract as between the value of the Goods inconsistent with the contract and the value of the Goods consistent with the contract. In such case, the Seller shall reimburse to the Customer being a Consumer the amounts due in respect of the exercise of the right to a decreased price immediately, not later than within 14 days from the receipt of the statement on the decrease of the price by the Customer being a Consumer.
In order for the Seller to assess the proportion, the Customer being a Consumer is obliged to provide the Seller immediately upon request with any information concerning the Goods covered by the statement on the decrease of the price.
Irrespective of the above, the Customer being a Consumer may withdraw from the Sales Contract without cause within 14 days.
The time-limit for withdrawal from the contract shall expire after 14 days from the date on which the Goods came into the possession of the Customer being a Consumer or on which they came into the possession of a third party indicated by the Customer, other than the carrier. If the Sales Contract covers many Goods delivered separately, in batches or in lots, the above-mentioned time-limit runs from the time of delivery of the last item, batch or lot.
To exercise the right to withdraw from the contract, the Customer being a Consumer shall inform the Seller of their decision to withdraw from the contract by way of an unambiguous notice submitted to the Seller (e.g.: in writing by mail, fax or e-mail). If the notice is sent by the Customer being a Consumer by electronic means, the Seller shall promptly acknowledge the receipt of the notice of withdrawal from the Sales Contract to the Customer being a Consumer, using the e-mail address specified by the Customer being a Consumer.
When exercising their right to withdraw from the contract, the Customer being a Consumer may use the Form constituting Attachment 1 to these Terms and Conditions. The instruction referred to in Article 13 of the Consumer Rights Act of 30 May 2014 constitutes Attachment 2 to these Terms and Conditions.
To comply with the period for withdrawal from the contract, the Seller shall be sent information on the exercise of the Consumer’s right to withdraw from the contract before the expiry of the period for withdrawal from the contract.
Consequences of the withdrawal from the Contract:
1. the Contract shall be considered void.
2. the Seller shall refund to the Customer being a Consumer promptly, not later than within 14 days from the day of receiving the notice of withdrawal from the Contract from the Customer being a Consumer, all payments made by the Customer being a Consumer, including the costs of delivery of the item, excluding additional costs arising from the delivery method selected by the Customer being a Consumer, if it is different from the least expensive ordinary method offered by the Seller.
3. the refund of payment shall be made by the Seller using the same payment methods as those used by the Customer being a Consumer in the original transaction, unless the Customer being a Consumer has explicitly agreed to another solution that does not involve any costs for the Customer being a Consumer.
4. the Seller may suspend the refund of the payment until they receive the Goods back or until they receive evidence that the Goods have been sent back, whichever is sooner.
5. the Customer being a Consumer should return the Goods to the address of the Seller specified in these Terms and Conditions promptly, but in any case not later than 14 days from the date on which they informed the Seller of their withdrawal from the Contract. It shall be deemed that the Customer being a Consumer has complied with the period if they send the Goods back before the lapse of 14 days.
6. The Customer being a Consumer pays the direct costs of returning the Goods, including the costs of return of the Goods if – due to the type of the Goods – they could not be sent back using the regular method by mail.
7. The Customer being a Consumer is only responsible for the reduction of the value of the Goods caused by their use of the goods other than the use necessary to determine the nature, properties and functioning of the Goods.
8. The Customer being a Consumer who exercises the right to replace the Goods, withdraws from the Contract or requests a decrease of the Price accepts and agrees to the issue of a correcting invoice upon fulfilment of conditions agreed upon between the parties.
The Consumer does not have the right to withdraw from the Sales Contract in the following cases (without limitation):
1. a contract for the provision of services if the Seller has fully performed the service upon the Consumer’s express consent, and the Consumer was informed before the provision of the service commenced that the provision of the service by the Seller would void their right to withdraw from the contract;
2. a contract where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller's control and that may occur before the lapse of the period for withdrawal from the contract;
3. a contract where the deliverable is a non-prefabricated item produced in accordance with the Consumer's specifications or designed to meet the Consumer's individual needs;
4. a contract where the deliverable is an item that is quickly spoiled or that has a short shelf life;
5. a contract where the deliverable is an item delivered in sealed packaging that cannot be returned for reasons related to health and hygiene if the packaging is opened after delivery;
6. a contract where the deliverable is an item that becomes permanently connected with other items upon delivery due to their nature.
The Customer being a Consumer may use the following out-of-court complaint and claim procedures (among others):
1. report their complaint, e.g., via the ODR EU online platform available at https://ec.europa.eu/consumers/odr/.
2. submit a request for the out-of-court resolution of consumer disputes via the Trade Inspection (www.uokik.gov.pl/wazne_adresy.php#faq595).

XI. NOTIFICATION OF THE NON-CONFORMITY OF GOODS WITH THE CONTRACT BY THE CUSTOMER NOT BEING A CONSUMER

This chapter is applicable only if the purchase is made by the Customer not being a Consumer.
The Seller is obliged to deliver the Goods free of defects. The Seller is responsible for defects of the Goods according to the provisions of the CC.
Any complaint regarding the Goods made by Customers not being Consumers who have the Customer Account at the Platform (the logged Customer) shall be submitted via form available at the Platform on: https://www.emercator.com/account/complaints-create.
Any complaint regarding the Goods made by Customers not being Consumers who do not have the Customer Account at the Platform (the logged Customer) shall consist in the notification of information about the defect of the Goods to the Seller by the Customer not being a Consumer by e-mail: reklamacje@pl.mercatormedical.eu via complaint form published on: https://mercatormedical.eu/formularz-reklamacyjny, or with the Company's employee dedicated for the Customer, and then in sending the defective Goods back in accordance with guidelines received from the Seller.
Upon receipt of information about the complaint from the Customer not being a Consumer and upon receipt of the Goods covered by the complaint with the proof of purchase and information about the defect(s), the Seller shall consider the complaint within 14 calendar days.
In case of a complaint concerning electronic services, the Seller shall consider the complaint within 14 calendar days from the date of its submission.

XII. PERSONAL DATA PROTECTION

The processing of personal data according to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) is regulated by the Privacy Policy.
The controller of the Customers’ personal data is Mercator Medical S.A. with its registered office in Krakow, ul. Heleny Modrzejewskiej 30, 31-327 Kraków, Poland, entered into the Register of Entrepreneurs of the Polish National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11^th Commercial Division of the Polish National Court Register under KRS no. 0000036244, Business Statistical Number (REGON): 350967107, tax identification number (NIP): 6771036424.
Providing the data during the registration on the Platform or placement of the Order is optional, but it is necessary to perform the Sales Contract entered into by the Customer with the Seller. The Customer has, among others, the right to access their data and rectify them. To use the right to amend, rectify or delete their data, the Customer should send to the Seller an appropriate request and provide their full name or the name of the Customer’s company or use the customer panel at the Customer Account.
Questions and all requests concerning privacy protection shall be sent by e-mail to: contact@emercator.com.

XIII. RECORDING, SECURING AND PROVIDING THE CONTENT OF THE CONCLUDED SALES CONTRACT

These Terms and Conditions are available on: http://www.emercator.com/regulamin. The Customer may access these Terms and Conditions at any time and download them in PDF format as well as print them out.
The material provisions of the concluded Sales Contract shall be recorded, secured, provided and confirmed to the Customer by sending a proof of purchase attached to the package containing the Goods to the Customer.
The material provisions of the contract for electronic services are recorded, secured and provided by sending an e-mail to the e-mail address specified by the Customer.

XIV. ELECTRONIC INVOICES

By accepting the Terms and Conditions, the Customer purchasing the Goods consents to the issue and sending of invoices in electronic form by the Seller according to the Value Added Tax Act of 11 March 2004 (Journal of Laws of 2021, item 685, as amended). The consent to receive electronic invoices is equivalent to a decision not to receive the paper invoice.
The Seller issues and sends electronic invoices, guaranteeing the authenticity of their origin and integrity of their content.
The Seller is not responsible for the incorrect data of the Customer entered at the time of registration as the details for the issue of the VAT invoice.
Every electronic invoice shall be delivered to the Customer by e-mail to the e-mail address specified by the Customer and shall be available for download on the Platform. If the Customer enters an incorrect e-mail address or changes it, they shall have to notify the Seller in writing or by electronic means. If the Customer does not notify the Seller of a change of their e-mail address, correspondence sent to the current e-mail address shall be deemed to be correctly delivered.
The Customer may withdraw their acceptance of such invoices for the issue and delivery of invoices by electronic means and for the storage of invoices and their provision to the tax authority or fiscal audit authority by sending a written declaration of will to: Mercator Medical S.A., Biuro Handlowe i Centrum Logistyczne, Stary Brześć 25 E, 87-880 Brześć Kujawski or electronically to contact@emercator.com. If the acceptance is withdrawn, the Seller shall lose the right to issue and send electronic invoices to the Customer as of the day following the date of delivery of the Customer’s notice on the withdrawal of their acceptance.

XV. FINAL PROVISIONS

The Sales Contract and the contract for electronic services are concluded in Polish.
All matters not regulated in these Terms and Conditions will be governed by the Polish law, including, in particular, the CC, the Electronic Services Act of 18 July 2002 (Journal of Laws of 2020, item 344, as amended), unless stipulated otherwise in the generally applicable law.
The court competent to settle disputes arising from the use of the Platform by the Customer, including, in particular, the Sales Contracts entered into via the Platform, is the court of relevant jurisdiction for the Seller’s registered office.
These Terms and Conditions are effective as of 1 January 2023.
The Seller may modify these Terms and Conditions. Amendments to the Terms and Conditions shall not infringe upon the acquired rights of the Customers using the Platform. Every change of the Terms and Conditions shall be communicated to registered Customers by e-mail, and the Customers shall be entitled to terminate the contract within 14 days. Amendments to the Terms and Conditions shall be effective upon the expiry of the notice period.

Terms and conditions