TERMS AND CONDITIONS OF USING WWW.LAPAROSIMULATORS.COM
I. General Provisions
- The operator of the www.laparo.pl Website is Laparo Sp. z o.o., 50-429 Wrocław, ul. Wilcza 25c, entered in the National Court Registry by the District Court for Wrocław – Fabryczna, VI Economic Division, under the KRS number 0000595136 and NIP number: 9871818380, REGON number: 363450897.
- The Seller informs that the condition to make an order on the Website is getting familiar with the provisions of these Terms and Conditions and accepting them.
- A person placing an order on the www.laparo.pl website is called a “Consumer” and should get familiar with these Terms and Conditions. When placing an order, the Consumer will be asked to accept the provisions of these Terms and Conditions through the “check-box”.
- The products presented on the pages of the Website are not an offer in legal terms of the Civil Code but are only an invitation to conclude a contract.
II. Conditions of taking and executing orders
- Orders from the Users are accepted 24/7 through www.laparo.pl website.
- Consumers may place their orders by using an order form. If additional information is needed, it is possible to place an order over the phone or by email. In order to be able to execute an order, it is necessary to provide personal information in the order form.
- The User may choose the following payment methods for the ordered products:
- Bank transfer to the bank account
- Payment with the use of PayPal payment system
- To place an order through the form, the Consumer chooses the demanded product by clicking the “Add to basket” graphic sign which puts the product into the virtual basket. Then, after choosing a preferred payment method, the Consumer confirms the order by clicking the “Next” sign. This takes the Consumer to the page with an order form. After the Consumer provides the address by clicking the “Complete Order” field, the Seller immediately sends an email to the User with order confirmation
on the next subpage.
- When choosing the bank transfer – the Customer gets the data for the transfer
- When choosing the PayPal option – the Customer gets redirected to the website with PayPal payment
- If the balance for the order is not paid within 3 days from the day of placing the order and making the payment, the administrator decides that the Buyer has resigned from the purchase and within 10 working days the payment will be returned to the account from which it was made.
- The service provider reserves the right to contact the User by telephone or email in order to get the order confirmation, despite the lapse of 3 days from the moment the order is placed and the lack of payment.
- In order to correct a mistake in the order form it is necessary to contact the Seller personally by email. The Customer bears responsibility for providing wrong data and not informing the Seller about it.
- On Buyer’s request, the Seller can issue a VAT invoice. The Buyer can request the VAT invoice when placing the order by clicking the “VAT invoice” option and providing appropriate data.
- The prices of products are given depending on the language chosen. The prices are in PLN (Polish zloty), EUR (Euro) and USD (American dollar) and are the gross prices including the VAT tax.
- The prices provided next to the products do not include the shipping costs.
- The information about the total value of the order is clearly presented after the Customer chooses the form of delivery and payment method.
- Before confirming the order, the Customer can personally check the shipping price on the website.
- The SELLER does not use default options with hidden payments.
- Prices of the products provided on www.laparo.pl are valid only for the Internet offer and are not valid for other sales channels.
- It is possible to pay in PLN (Polish zloty) and get the purchased products shipped to any country.
- It is not possible to pay in EUR (Euro) or USD (American dollar) and have the purchased products shipped to
IV. Deadline for order execution
- The basic term of dispatch of the purchased PRODUCTS is two to ten working days from the day the payment is posted on the company’s account.
- The order is sent for execution (completion) after receiving the payment for the order.
- In exceptional situations, the Seller reserves the right to delay the shipment. However, in such a case the Seller informs about the situation that occurred and the Consumer may cancel the order.
V. Delivery costs and conditions
- The ordered products are shipped only through professional entities which provide shipping services, i.e.: Poczta Polska or a courier services company.
- It is also possible to collect the package personally from the registered office of Laparo Sp. z o.o.
- The Seller informs that if the package gets damaged during transport, the Buyer has the right (in accordance with the Act on Transport Law) to turn to the delivering entity with a demand to make a damage protocol in case the delivering entity does not prepare the protocol on its own initiative. If the Buyer gets the damage protocol from the delivering entity, the Seller recommends to keep such a document because this may speed up the consideration of the Buyer’s complaint by the Seller.
- The Seller kindly requests the Buyer to check the content of the package at the presence of the courier.
- The information about costs and the means of delivery is visible directly in the basket when completing the order.
- In case of bigger orders, it is possible to decide on the cost of delivery individually.
VI. Special offers and discounts – “Special Offer -Laparo Aspire in a student price”
- In the www.laparo.pl webshop there is a trainer available in a special price destined exclusively for medicine students. It is called “Laparo Aspire ver. Basic Student”.
- The condition to use the special offer is that the ordering person must have a status of a student.
- In order to benefit from the special offer, it is necessary to send the scan of both pages of the student ID card as an attachment, in a popular graphic file not exceeding 500 KB to firstname.lastname@example.org.
- Please include the number of the order as well as the first name and surname in the title of the email.
- If the scan of the ID card is not sent within 3 days from the day of placing the order and making the payment, the administrator decides that the Buyer has resigned from the purchase and within 10 working days the payment will be returned to the account from which it was made.
- In case of the refund, the administrator may charge the Buyer with additional costs resulting from such refund, i.e. the cost of the bank transfer or a provision charged by the entity mediating in payments. In such a case, the amount of the refund will be decreased by the amount of the provisions charged and the accounting note will be sent to the email address provided when placing the order.
- “Special Offer -Laparo Aspire in a student price” is valid from 01 October 2016 until further notice.
- The special offers in the online shop cannot be joined, unless the special offer’s regulations state differently.
VII. The right to renounce the contract
- In accordance with article 27 of the Act of 30 May 2014 on Consumer’s rights (Journal of Laws of 24 June 2014, item 827), the Consumer who has concluded a remote contract, has the right to renounce the contract within 14 days without giving a reason and bearing any costs. However, if the Consumer has chosen the form of delivery other than the cheapest option offered by the Seller, the Seller is not obliged to return the additional costs borne by the Consumer.
- The renouncement period starts on the day the Consumer or a third party appointed by the Consumer other than the carrier, receives the product.
- In order to benefit from the right to renounce the contract, the Consumer should inform the Seller about the decision to renounce the contract in the form of an explicit declaration stating the willingness to renounce the contract.
- The renouncement of the contract may refer to all or to the part of the products ordered.
- The Seller informs that the right to renounce the contract which was concluded out of the company’s registered office or remotely does not refer to the following contracts:
- the contract where the price or salary depends on the fluctuations on the financial market that the contractor cannot control and which may appear before the deadline to renounce the contract;
- the contract where the subject of the contract is a non-prefabricated item, produced according to the customer’s specifications or made to satisfy the individual needs of the client;
- the contract where the subject of the service is an item which deteriorates quickly or has short expiry date;
- the contract where the subject of the service is an item delivered in a sealed package which cannot be returned due to health or hygienic reasons if the package has been opened after the delivery;
- In order to meet the deadline for renouncing the contract, it is sufficient to send a declaration before the deadline for renouncing the contract.
- The Seller accepts the electronic version of the declaration about the renouncement of the contract, it can be sent to the following email address: email@example.com. The declaration about the renouncement of the contract can also be sent by post to the following address: Laparo Sp. z o.o., 50-429 Wrocław, ul. Wilcza 25c (suggested postscript : renouncement of the contract with Laparo Sp. z o.o.). The Seller sends an email to the Consumer immediately to confirm the receipt of the declaration about the renouncement of the contract.
- When the contract is renounced in a mode described above, the contract is considered invalid.
- The Consumer is obliged to return the product to the Seller within 14 days from the renouncement of the contract to the registered office’s address mentioned in §1.
- In case the Consumer renounces the contract, the Seller returns all the received payments (including delivery costs) within 14 days, except for additional costs resulting from choosing by the Consumer a delivery method other than the cheapest regular delivery available in the Shop. However, in accordance with Article 32 item 3 of an Act on consumer’s rights, the Seller may postpone the return of payments until it receives the product back or until the Consumer presents a proof of resending the product, depending on which one will happen first.
- The Consumer covers all direct costs of return of products resulting from the renouncement of contract, i.e. the packaging, protection and shipping costs. These costs are not returned to the Consumer.
- The Seller returns the payments through the same means that the Consumer used for paying, unless the Consumer clearly agrees to a different form of the return of payment which will not bear any additional costs.
- The Consumer is obliged to return the product to the Seller immediately but no later than on the 14th day from the day of renouncing the contract. In order to keep the deadline it is sufficient to send the products back before the deadline.
- The Consumer should properly secure the product before shipping to avoid its damaging during transport which could result from inappropriate securing of the product.
- The Consumer bears the responsibility for any decrease of value of the product resulting from using the product in a different way than necessary to evaluate the character, features and functioning of the product.
- The Seller respects its duty to deliver unfaulty products.
- If the product has faults, the legal grounds for complaint handling are included in the Act of 23 April 1964, Civil Code (uniform text, Journal of Laws 2014, item 121) including, inter alia, articles 556 – 576.A
- The Consumer has the right to make a complaint on the basis of a warranty if the product is faulty or not compliant with the contract. The complaint is usually made when the product does not have the qualities that
such product should have or if it does not have the qualities that were guaranteed by the Seller or an advertisement or if it cannot be used for the purpose that the Seller informed about, or if the product was delivered incomplete.
- A complaint can be made by the Customer by:
- sending an email to firstname.lastname@example.org
- sending a complaint letter to: Laparo Sp. z o.o., 50-429 Wrocław, ul. Wilcza 25c
- calling the following number +48 790 879 306
- The Consumer is required to describe the fault in the complaint and define their demands resulting from the warranty.
- In case of a fault, the Consumer can make a complaint on the grounds of the warranty and demand one of the 4 actions:
- exchanging the product to the new one;
- repairing the product;
- lowering the price;
- renouncing the contract – if the fault is serious.
- The Consumer can choose the demand. The Seller can suggest other solution but the following circumstances must be taken into account:
- the ease and speed of exchange or repair
- the type of a fault – serious or not
- if there were former complaints about the product
- If the Consumer demands an exchange or repair of the product, the Seller can refuse to fulfill the demand if the option selected by the Customer:
- is impossible for the Seller to realize
- bears excessive costs in relation to the other possible demand
- The Seller can suggest a different solution. Regardless of the above, in such a case the Consumer can change their mind and demand bringing the product to the contractual condition in other way, i.e. lowering the price or renouncing the contract.
- The Seller will respond to the complaint demands immediately but no later than within 14 days from making the complaint by the Consumer.
- The Seller bears no responsibility towards the Customer if the fault is reported after 2 years from the moment of receiving the product. During the first year of the Seller’s responsibility it is assumed that the fault had been there at the moment of the sale. In such a case it is the Seller that has to prove that it was the Consumer that caused the fault. If the fault is noticed later, i.e. between the twelfth and the twenty-fourth month from the date of issuing the product, the Consumer should prove that the fault was there at the moment of purchase.
- If the complaint is accepted, the product should be sent to the Seller’s registered office defined in §1 of the Terms and Conditions, unless the Parties agree differently.
- Where possible, the Seller kindly requests the Consumer to attach the receipt or VAT invoice to the returned product as this might speed up the response to the complaint.
- If the sales contract is concluded with a Buyer who is an Entrepreneur and the contract is concluded within its economic activity, the responsibility of the Seller towards the Buyer on the grounds of a warranty is excluded.
IX. Conditions of electronic services provided by www.laparo.pl
- The www.laparo.pl Website is administered and edited by Laparo Sp. z o.o., 50-429 Wrocław, ul. Wilcza 25c, entered in the National Court Registry by the District Court for Wrocław – Fabryczna, VI Economic Division, under the KRS number 0000595136 and NIP number: 9871818380, REGON number: 363450897, hereinafter referred to as the “Administrator”.
- The www.laparo.pl website is used for buying the products included in the offer of the Seller.
- The Customer is obliged to respect the copyright to the materials presented in www.laparo.pl in accordance with the provisions of the Act of 4 February 1994 on copyright and related rights.
- The use of the website is voluntary.
- Complaints related to the functioning of the www.laparo.pl website or to the violations of these Terms and Conditions should be reported by sending an email to: email@example.com, by filling in the contact form available on www.laparo.pl or by posting a letter to Laparo Sp. z o.o., 50-429 Wrocław, ul. Wilcza 25c.
- The Administrator obliges to handle the complaints sent by email or by post within 14 days from the day of receiving them. The decision regarding the complaint will be sent to the email address of the person making the complaint.
X.Changes to the Terms and Conditions
- These Terms and Conditions may be changed at any time and the change becomes effective at the indicated time.
- Orders made before the changes enter into force, will be realized according to the Terms and Conditions valid on the day of making an order.
- If the User does not accept the changes to the Terms and Conditions, they can stop using the Website.
XI. Final provisions
- The court appropriate for the registered office of Laparo Sp. z o.o. is the court for resolving any disputes arising between the Seller and the Entrepreneur who concluded the contracts via the online shop.
- The court appropriate for any disputes resulting from concluding the contracts between the Consumers and Laparo Sp z o.o. via the online shop, is the court appropriate according to the Civil procedure Code. However, in accordance with the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001 no 4 item 25, no 110 item 1189) and the directive of Ministry of Justice of 25 September 2001 on defining the organization and proceedings of consumer arbitration tribunals (Journal of Laws od 2001 no 113 item 1214), the Customer can send the request to resolve the dispute to the Permanent Consumer Arbitration Court operating by the Regional Trade Inspector. However, in accordance with § 15 of the above mentioned directive, such request is not binding for the Seller which can but does not have to agree to resolve the dispute via the Permanent Consumer Arbitration Court.
- For issues not defined in these Terms and Conditions, Polish law provisions apply, especially those of the Civil Code, Act on consumer’s rights, Act of 18 July 2002 on providing electronic services (Journal of Laws no 144 of 2002 item 1204 with amendments) and Acts of 29 August 1997 on personal data protection (Journal of Laws of 2002 no 101 item 926 with amendments).
- The provisions of the Terms and Conditions do not exclude or limit any rights of the Users (including Buyers) who are Consumers within the meaning of the provisions included in the Civil Code. Those provisions are granted to the Consumers under the common and absolutely applicable provisions of Polish law. In case of any contradictions between the Terms and Conditions and those provisions, the common and absolutely applicable provisions of Polish law shall prevail.
- These Terms and Conditions come into force on 01 October 2016.