1. General Provisions
1.1 The online shop available at www.robooter-europe.com is operated by Mobi.pl S.C., Tax ID (NIP) PL9691616598, Traugutta 135, 44-120 Pyskowice.
1.2 The controller of the personal data processed in connection with the performance of these Terms and Conditions is the Seller. The purposes, scope and rules of the processing of personal data are set out in the privacy policy published on the Online Shop's website. Providing personal data is entirely voluntary. Every person whose personal data is processed by the Seller has the right to access it and the right to have it updated or deleted.
1.3 Definitions:
CHAT – an Electronic Service consisting of a conversation between the Service Provider and the Service Recipient conducted over the Internet, in the form of alternately sent text messages using an IT tool made available by Mobi.pl S.C. within the Online Shop;
BUSINESS DAY – Monday to Friday, excluding statutory public holidays;
FORM – the “Address, Shipping and Payment” tab separated within the Cart, in which the Customer enters their data and selects the delivery and payment method when placing an Order;
REGISTRATION FORM – a form available in the Online Shop that enables the creation of an Account;
https://medilife-europe.com – Mobi.pl S.C., Tax ID (NIP) PL9691616598, Traugutta 135, 44-120 Pyskowice;
CUSTOMER – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which a statute grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller;
CIVIL CODE – the Act of 23 April 1964, the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended);
CONSUMER – a Customer/Service Recipient who is a natural person performing a legal act that is not directly related to their business or professional activity;
CUSTOMER ACCOUNT – an Electronic Service, identified by an individual login (the Customer's e-mail address) and a password provided by the Service Recipient; a set of resources in the Service Provider's IT system in which the data provided by the Service Recipient and information about the Orders they have placed in the Online Shop are stored;
CART – an Electronic Service; a graphically and functionally separate part of the Online Shop in which the detailed terms on which the Parties conclude the Contract are presented and which makes it possible to place an order;
NEWSLETTER – an Electronic Service consisting of the Service Provider sending a bulletin by e-mail to Service Recipients who have consented to receive it;
CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights;
PRODUCT – a movable item available in the Online Shop, offered for sale by the Seller, which may be the subject of the Contract;
ENTREPRENEUR – a natural person, legal person or organisational unit without legal personality to which a separate statute grants legal capacity, conducting business activity;
QUASI-CONSUMER – a natural person who concludes with the Seller a Contract directly related to their business activity, where it follows from the content of that Contract that it does not have a professional character for them;
TERMS AND CONDITIONS – these terms and conditions;
ONLINE SHOP – the Seller's online shop available at www.mobimed.com.pl;
SELLER/SERVICE PROVIDER – Mobi.pl S.C., Tax ID (NIP) PL9691616598, Traugutta 135, 44-120 Pyskowice;
CONTRACT – a sales contract within the meaning of the Civil Code concluded between the Seller and the Customer, the subject of which is the transfer for consideration by the Seller to the Customer of ownership of a given product or products;
ELECTRONIC SERVICE – a service provided by the Seller to the Service Recipient by electronic means via the Online Shop;
SERVICE RECIPIENT – (1) a natural person with full legal capacity and, in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which a statute grants legal capacity – who uses or intends to use an Electronic Service;
ORDER – a declaration of intent by the Customer, submitted using the Form, for the purpose of concluding a Contract with the Seller.
1.5 These Terms and Conditions set out the rules on which Mobi.pl S.C. (Tax ID (NIP) PL9691616598) provides Electronic Services and on which the parties conclude and perform Contracts.
1.6 Subject to applicable law, by concluding a Contract the Customer/Service Recipient declares that they have read the Terms and Conditions.
2. Electronic Services
2.1 Within the Online Shop, robooter-europe.com provides the following Electronic Services: Account, Cart, Chat and Newsletter, all of which are provided free of charge.
2.2 The condition for the Customer/Service Recipient to use the Electronic Services is that their equipment meets the following technical requirements necessary to work with the IT system used by robooter-europe.com: an up-to-date version of an internet browser.
2.3 The contract for the provision of the Electronic Service Cart is concluded each time the first Product is added to the Cart and ends when the Contract is concluded or when the Service Recipient stops using this Electronic Service before the Contract is concluded.
2.4 The contract for the provision of the Electronic Service Chat is concluded each time the Service Recipient types a text message into the IT tool made available by robooter-europe.com within the Online Shop and ends when the conversation ends.
3. Orders – Conclusion and Performance of the Contract
3.1 Orders can be placed through the Online Shop 24 hours a day.
3.2 Orders placed on Saturdays, Sundays and public holidays will be processed on the next Business Day.
3.3 Customers making purchases in the Online Shop consent to the issuing of a sales document without a signature.
3.4 To conclude a Contract, the Customer should:
a) select a Product available in the Online Shop and add it to the Cart;
b) log in, create an Account or choose the option of purchasing without registration;
c) complete the Form (provide address details, select the delivery and payment method);
d) place the Order.
3.5 The Order will be fulfilled after it has been processed by the Seller and after the due payment for the Product has been made.
3.6 A Customer who chooses bank transfer as the form of payment should make it within 3 Business Days.
3.7 Within 2 Business Days, the Seller will confirm by e-mail the acceptance of the order, the availability of the ordered Product, the address to which the Product is to be delivered and the bank account number to which the Customer is to make the payment.
3.8 The Seller reserves the right to refuse to fulfil an order in the case of orders that raise doubts, e.g. a missing e-mail address, an incorrect telephone number or e-mail address, or an incorrect delivery address.
3.9 If it is not possible to fulfil the Order or part of it, the Customer will be informed without delay and further steps will be agreed jointly, such as proposing the purchase of similar products, extending the waiting time, partial fulfilment or, as a last resort, cancelling the order.
3.10 Ordered products are delivered from Monday to Friday the courier companies DHL and DPD and RABEN
3.12 Ordered Products are dispatched within 1–3 Business Days (depending on the availability of the Product) from the day the payment is credited, or from the day the order is accepted in the case of products paid for “cash on delivery”. The expected courier delivery time for ordered Products is 1 Business Day. Personal collection of goods is possible within 1–3 Business Days, after the day and time of collection have been agreed in advance. Between 18 and 24 December, order fulfilment time may be extended to up to 5 Business Days.
3.13 The Seller's methods of delivering Products, including the deadlines and costs applicable to a given method, are specified in the Cart. Where Products are delivered by third parties, the Seller is not responsible, from the moment the Product is handed over to such a party, for that party's compliance with the delivery deadline.
3.14 If a parcel is damaged or its packaging has been tampered with, a damage report noting the condition of the shipment should be drawn up.
3.15 Payment for purchases can be made:
a) via the PayPal system;
b) by bank transfer to the bank account of Mobi.pl S.C.
4. Withdrawal from the Contract
4.1 A Consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Articles 33 and 34 of the Consumer Rights Act.
4.2 The period for withdrawing from a distance contract is 30 days from the date the Product is handed over; to meet the deadline, it is sufficient to send the declaration before it expires.
4.3 The Consumer may submit the declaration of withdrawal on the form, the model of which is Annex 2 to the Consumer Rights Act. The model form is attached to these Terms and Conditions as Annex 1. The Consumer may send a declaration of equivalent content to the address indicated on those forms.
4.4 The declaration of withdrawal may be submitted in writing to the address of the Online Shop or by e-mail to: export@mobi.pl.
4.5 The Seller will promptly confirm to the Consumer by e-mail (the address provided when concluding the Contract or another address if one was given in the declaration submitted) that the declaration of withdrawal has been received.
4.6 In the event of withdrawal, the Contract is deemed not to have been concluded.
4.7 The Consumer is obliged to return the item to the Seller promptly, but no later than 14 days from the day on which they withdrew from the Contract. To meet the deadline, it is sufficient to send the item back before it expires, to the following address:
Mobi.pl S.C. Toszecka 176 44-109 Gliwice
4.8 The Consumer sends back the items that are the subject of the Contract from which they withdrew at their own cost and risk.
4.9 The Consumer is liable for any reduction in the value of the item resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
4.10 The Seller will promptly, and no later than within 14 days of receiving the Consumer's declaration of withdrawal, refund to the Consumer all payments made, including the costs of delivering the item. If the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller will not refund the additional costs, in accordance with Article 33 of the Consumer Rights Act.
4.11 The Seller refunds payment using the same payment method as the Consumer used, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for them.
4.12 If the Seller has not offered to collect the product from the Consumer itself, it may withhold the refund of the payment received from the Consumer until it has received the item back or the Consumer has provided proof of having sent it back, whichever occurs first.
4.13 In accordance with Article 38 of the Consumer Rights Act, the Consumer does not have the right to withdraw from a contract:
a) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires;
b) in which the subject of the performance is a non-prefabricated item, manufactured to the Consumer's specifications or serving to meet their individualised needs;
c) in which the subject of the performance is an item that spoils quickly or has a short shelf life;
d) in which the subject of the performance is an item delivered in sealed packaging which, after opening, cannot be returned for reasons of health protection or hygiene, if the packaging was opened after delivery;
e) in which the subject of the performance consists of items which, after delivery, because of their nature, become inseparably connected with other items;
f) in which the subject of the performance consists of audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
g) for the supply of digital content not recorded on a tangible medium, if performance began with the Consumer's express consent before the expiry of the withdrawal period and after the entrepreneur informed them of the loss of the right of withdrawal;
h) for the supply of newspapers, periodicals or magazines, except for a subscription contract.
5. Guarantee
5.1 The Seller provides a guarantee for the devices (excluding accessories) available in the Online Shop.
5.2 Guarantee repairs are carried out on the terms and for the periods set out in the guarantee document attached to each sold Product covered by the guarantee.
6. Non-Conformity of Goods with the Contract
6.1 Mobi.pl S.C. is liable to a Customer who is a Consumer on the terms set out in applicable law if the Product is not in conformity with the Contract.
6.2 The above liability of Mobi.pl S.C. is hereby excluded in relation to a Customer who is a Quasi-Consumer and a Customer who is not a Consumer.
7. Complaints
7.1 If the Product is not in conformity with the Contract, the Consumer has the right to lodge a complaint within 2 years of the date the Product was handed over to them.
7.2 A complaint should contain a description of the complaint and a document proving the purchase of the Product concerned (a copy of the invoice, confirmation of a bank transfer, etc.). The Seller is obliged to respond to the Consumer's complaint within 14 days of receiving it.
7.3 If the Seller does not respond to the complaint within the above period, the Seller is deemed to have accepted the complaint.
7.4 The Seller delivers the response to the complaint to the Consumer on paper or on another durable medium.
7.5 If the Consumer's complaint is accepted, the Seller will, at its own expense, repair the complained-about Goods or replace them with goods in full working order or – if replacement is not possible – refund an amount equal to the price paid by the Consumer for the complained-about Product, together with the costs related to returning the price. The replacement or refund will take place within 14 days of the date the complaint is accepted.
7.6 All disputes between the Seller and a Consumer or Quasi-Consumer will be resolved by the competent common courts of the Republic of Poland, subject to the cases described in paragraphs 7.7–7.9 below.
7.7 The Seller informs that a Consumer or Quasi-Consumer may use out-of-court methods of handling complaints and pursuing claims, in particular:
a) before permanent consumer arbitration courts operating at the voivodeship inspectorates of the Trade Inspection, e.g. before the Permanent Consumer Arbitration Court at the Voivodeship Trade Inspector in Warsaw. Information on how to access this mode and on the dispute-resolution procedures is available to the Consumer on the website www.uokik.gov.pl, under the tab “Konsumenci” (Consumers) – “Polubowne rozwiązywanie sporów konsumenckich” (Amicable resolution of consumer disputes), or on the website www.prawakonsumenta.uokik.gov.pl;
b) through voluntary mediation conducted by the voivodeship inspectorates of the Trade Inspection and their branch offices, where the role of mediator in the dispute is performed by an employee of the inspectorate, who observes the principles of impartiality and reliability and whose task is, among other things, to propose available ways of resolving the dispute; mediation takes place with the participation of both parties, directly at the seat of the inspectorate or at the Seller's seat. Information on how to access this mode and its procedures can be found on the website www.uokik.gov.pl, under the tab “Konsumenci” (Consumers) – “Polubowne rozwiązywanie sporów konsumenckich” (Amicable resolution of consumer disputes), or on the website www.prawakonsumenta.uokik.gov.pl.
7.8 In addition, a Consumer or Quasi-Consumer may turn for help to the county consumer ombudsman. These are located at the county offices (starostwa powiatowe) or city offices, and provide substantive support, including free legal assistance, to consumers; more information is available at www.uokik.gov.pl, under the tab “Konsumenci” (Consumers) – “Polubowne rozwiązywanie sporów konsumenckich” (Amicable resolution of consumer disputes), or on the website www.prawakonsumenta.uokik.gov.pl.
7.9 A Consumer or Quasi-Consumer may also submit a dispute for resolution through the EU online ODR (Online Dispute Resolution) platform at: https://ec.europa.eu/consumers/odr/.
8. Final Provisions
8.1 Matters concerning the protection of personal data are governed by the Privacy Policy, available at: https://medilife-europe.com/content/6-privacy-policy.
8.2 The goods presented on the Online Shop's pages do not constitute an offer within the meaning of the Civil Code. Information about goods published on the Shop's pages does not mean that the goods are available in the Shop's warehouse or with the manufacturer.
8.3 mobimed.com.pl is not liable for the blocking by mail server administrators of messages sent to the e-mail address provided by the Customer, or for the deletion or blocking of e-mail messages by software installed on the computer used by the Customer.
8.4 https://medilife-europe.com is not liable for errors in the handling of an order or other instructions of the Customer resulting from the Customer providing incorrect data.
8.5 The Online Shop uses cookies to observe how the website robooter-europe.com is used. The types of cookies used by the Online Shop are:
a) session cookies – operate only while the pages of the site are being browsed, thus enabling their proper functioning;
b) persistent cookies – remain on the computer after the website robooter-europe.com has been visited;
c) third-party cookies – make it possible to adapt the displayed page to the Customer's preferences.
The Customer can use the website without cookies, but this may mean that some functions or services of the Online Shop will not work properly. If the Customer does not consent to the use of cookies, they should, at any time, select in their browser settings the option of rejecting cookies or of signalling when they are sent.
8.6 Any disputes between the Customer and the Shop will be submitted for resolution to the court competent under the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).
8.7 In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Contracts concluded up to 24 December 2014 with Customers who are Consumers – the provisions of the Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22, item 271, as amended) and the Act of 27 July 2002 on special conditions of consumer sales and on amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Contracts concluded from 25 December 2014 with Customers who are Consumers, and from 1 January 2021 with Customers who are Entrepreneur-Consumers – the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287, as amended); and other applicable provisions of generally applicable law.
8.8 These Terms and Conditions are in force from 18.11.2022.
8.9 The Shop reserves the right to amend the Terms and Conditions. Any amendments enter into force on the date specified by the Shop, no earlier than 3 days after the date they are made available on the website robooter-europe.com. Orders placed before the date on which amendments to these Terms and Conditions enter into force are fulfilled on the basis of the provisions in force on the day the order was placed.
Annex No. 1
Annex to the Terms and Conditions of the shop robooter-europe.com
MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
Place: ………………, Date: ………………
Mobi.pl S.C. Toszecka 176 44-109 Gliwice E-mail: export@mobi.pl
I, ………………………………………………, hereby inform you of my withdrawal from the sales contract for the following items: ……………………………………………………………
……………………………………………………………………………………………………………………………………
Date of receipt of the products: …………………………
Consumer's full name: …………………………
Consumer's address: …………………………
………………………. Consumer's signature (only if the form is sent in paper form)