RULES AND REGULATIONS OF INTERNET STORE MEDISTORE.COM.PL

Rules and Regulations of Internet Store Medistore.com.pl

Internet store Medistore.com.pl is maintained by Medicover Sp. z o.o. with its registered seat in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warsaw, tel. 48 22 592 70 00, fax 48 22 597 70 79, entered in the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register under no. KRS (National Court Register): 0000021314, NIP (Tax Identification Number): 525-15-77-627 with share capital of PLN 36,000,000 paid in full.

GLOSSARY

• Activation of authorisation –the Beneficiary’s acquisition of authorisation to use the Services acquired in the Internet Store.
• Beneficiary: - a person authorised to use the Medical Services purchased in the Internet Store by the Client.
• Medicover Centre: a medical facility owned by Medicover as a healthcare entity and/or medical facility within the Medicover franchise network,
• Authorisation acquisition date:the day on which the Medical Services bought in the Internet Store are activated by Medicover, of which the Client is informed in the Order Confirmation,
• Product Data Sheet:description of the Service or Service Package available in the Internet Store.
• Client: : a natural person with full legal capacity using the Internet Store, including in particular purchasing products for himself/herself or for another person.
• Medistore Account: the Client’s individual administrative panel available after registration and logging in to the Internet Store.
• Basket:a feature of the Internet Store that makes it possible to display the Medical Services selected for purchase by the Client; it enables the Client to enter and modify order data such as number of Medical Services, invoicing data and methods of payment.
• Logging in: the process of authentication and authorisation of the Client while creating or using a Medicover Account.
• Medicover - Medicover Sp. z o.o. with its registered seat in Warsaw, address: Al. Jerozolimskie 96, 00-807 Warsaw, tel. 48 22 592 70 00, fax 48 22 597 70 79, entered in the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register under no. KRS: 0000021314, NIP: 525-15-77-627.
• Medical Service Package: a set of Medical Services or other services available for the Beneficiary that are offered together in the Internet Store and that can be used in a defined period, in defined Medical Centres and at a defined price.
• Medical Centre:an entity operating in accordance with the Polish law and entitled to provide healthcare services, i.e. healthcare entity, a natural person practising a medical profession, i.e. a person who, under separate provisions, is entitled to provide healthcare services (including a doctor, nurse, midwife as part of a private practice or private specialist practice) and a person with professional qualifications for providing healthcare services of a specific scope or in a specific field of medicine, group medical practice, group practice of nurses or midwives, where the Client or Beneficiary can obtain a Medical Service.
• Przelewy 24 a system of electronic payments accepted by the Internet Store available only to registered Clients, i.e. those that have a Medistore Account, and making it possible to make quick payments for Medical Services purchased in the Internet Store. The Przelewy24 service is used by PayPro SA, ul. Kanclerska 15, 60-327 Poznań, tel. +48 (61) 642 93 44, website: www.przelewy24.pl, e-mail: serwis@przelewy24.pl. PayPro SA: a company entered into the register of Domestic Payment Institutions maintained by the Polish Financial Supervision Authority (KNF) under entity number IP24/2014 in the KNF Office.
• Entity processing payments: an entity that is external with respect to Medicover and acts as an intermediary in processing payments by bank transfer or payment by credit card.
• Payment Confirmation:an e-mail sent by the Internet Store to the e-mail address indicated by the Client (by remotely filling in the electronic form in the Internet Store) that confirms that the ordered service can be provided.
• Registration:the process of creating a Medistore Account in a manner defined in the Internet Store. The registration process is described in detail in section 2 of these rules and regulations.
• Internet Store:the Internet store that Medicover runs, available at the domain: medistore.com.pl.
• Service:a Medical Service or a Medical Service Package available for Clients in the Internet Store.
• Medical Service:a physical, medical or diagnostic examination or an outpatient, rehabilitation or hospital procedure aimed at maintaining the health of the Client or Beneficiary, recovering it or improving, including preventive measures, purchased in the Internet Store.
• Order:a declaration of the Client’s intention to purchase a Service in the Internet Store expressed by placing the Service in the Basket and passing to the next step (“Payment”).

GENERAL PROVISIONS

1. These rules and regulations define:
• the rules of using the Internet Store,
• the rules of placing Orders for the Services offered by Medicover and available in the Internet Store,
• the rules of making payments by the Client for the Services purchased in the Internet Store,
• the Client’s right to cancel an Order and withdraw from the agreement of purchase of the Services; the rules for submitting and processing complaints.
2. In order to use the Internet Store, including to view the offer of the Internet Store, it is necessary to use a terminal device with access to the Internet and an Internet browser of the following types: Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in an up-to-date version. In order to use some of the features of the Internet Store, including Registration in the Internet Store and placing Orders, it is also necessary to have an active e-mail account and telephone number.
3. When using the Internet Store, the Client is forbidden to provide content that is illicit, violates the law or good manners. Moreover, the Client is obliged to refrain from any activity that could negatively impact the correct functioning of the Internet Store, including in particular from any interference with the content of the Internet Store or its technical elements. It is also forbidden to use the Internet Store for purposes inconsistent with its intended use, including to send spam or to carry out any commercial, advertising or promotional activities on the web pages of the Internet Store.
4. Viewing the offer of the Internet Store does not require registration. The Client can place Orders for the Services available in the Internet Store after registration in accordance with the provisions of points 6–13 of these rules and regulations.
5. Settlements of purchase transactions concerning the Services in the Internet Store are carried out via Przelewy24 in accordance with the rules of provision of the services available at: http://www.przelewy24.pl/regulamin, by bank transfer or by payment cards in accordance with the information provided in the Internet Store.

REGISTRATION

6. Registration in the Internet Store makes it possible for the Client to: enter, edit and remove the Client’s data, place Orders with the use of the data entered by the Client, create shopping lists, view order history, make payments for ordered Services and use other features available to registered Clients.
7. To register in the Internet Store (create a Medistore Account), it is necessary to fill in the online registration form by providing name and surname, e-mail address and password (in accordance with the instructions), as well as read and accept the provisions of these rules and regulation, the privacy policy and voluntary declarations of consent (made available in the registration process).
8. After the Client fills in and sends the registration form, Medicover sends a confirmation of the registration to the e-mail address indicated by the Client. As of that moment, the registration process is complete.
9. Registration in the Internet Store and using features of the Internet Store is free of charge. Registration is tantamount to the Client’s entering with Medicover into an agreement for provision of electronic services consisting in maintaining the Medistore Account on terms defined in these rules and regulations.
10. After registration in the Internet Store, each logging takes place using the data provided in the registration form or changed later by using settings of the Medistore Account.
11. The account created as a result of registration is maintained for the Client for an indefinite period. The Client can opt out of having the Medistore Account and ask for its deletion at any time. No fees are charged for opting out and deleting the account.
12. In order to delete the Medistore Account, the Client should call 500 900 550 or send an e-mail to e-dok@medicover.pl. The request to delete the account is carried out after it is confirmed that the person requesting the deletion is the owner of the account. Deleting the account takes place immediately and is tantamount to the termination by the Client of the agreement concluded with Medicover for provision of electronic services, i.e. for maintaining the Medistore Account.
13. Medicover has the right to block the Client’s Medistore Account in cases provided for in generally applicable laws. Medicover also has the right to block the Client’s Medistore Account for important reasons such as: the Client’s violation of generally applicable laws, rights of third persons, personal property of third persons or the rules of social conduct when using the Internet Store; the Client will be informed of Medicover’s intention to block the Client’s Medistore Account by an e-mail sent to the e-mail address currently registered in the Internet Store. Blocking the account is tantamount to termination of the agreement concluded with the Client for provision of electronic services with immediate effect.

INFORMATION ABOUT THE SERVICES

14. Information about the Services available in the offer of the Internet Store is an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
15. Prices of products indicated on the web pages of the Internet Store are in Polish zloty; the total cost of the order (i.e. prices of all Services covered by the same Order) is shown in the Basket before the Order is placed by the Client.
16. Medicover reserves the right to make changes to the prices of Services, types of Services and the scope of the Services on a current basis.
17. The Services purchased by the Client in the Internet Store may be performed in Medicover Centres or other Medical Centres, as clearly specified when placing the Order.

CONDITIONS OF PLACING AND IMPLEMENTING ORDERS:

18. The Client may place Orders for Services available in the offer of the Internet Store 7 (seven) days per week and 24 (twenty-four) hours per day, subject to prohibitions or restrictions on trade resulting from mandatory legal regulations and maintenance breaks.
19. Medicover bears no responsibility for the quality of the Internet connection during conclusion of the transaction in the Internet Store, for software errors or other defects of the Client’s terminal device.
20. In order to place the Order, the Client should:
• select the Service to be included in the Order and then go through subsequent stages of concluding the transaction,
• log in to the Internet Store,
• enter invoicing data if they are different from the data for collection of the Service by the Client or Beneficiary (if the Client is to be issued a VAT invoice),
• select the method of payment,
• click the “I order and pay” (Zamawiam i płacę) button.
21. The Orders and the Services are implemented only in Poland.
22. An Order is considered to be placed correctly if the Client correctly configured the Service according to the guidelines specified in each Product Data Sheet and made a full payment.
23. The Client is obliged to confirm that the data provided to create the Order are consistent with the facts. If the Order is incomplete or there are any doubts concerning the Order, the Order will be manually verified by the Internet Store assistants. Such an Order may be cancelled by Medicover; the Client will be informed thereof by telephone or e-mail within 3 working days of the day of placing the Order.
24. Medicover commits to confirm the Order to the Client via the Internet or telephone within 48 hours of receiving the request. This time may be longer if it falls on public holidays (Sundays and holidays).
25. The Order is considered cancelled by the Client if the payment for the Service is not received within 30 calendar days of completing the forms and sending them to the Medicover server.
26. Preservation of the essential provisions of the concluded agreement, their protection and access to them is ensured by sending the Client the electronically concluded agreement or Order confirmation within 14 days of payment.
27. Notwithstanding other provisions of these Rules and Regulations, the Order shall not be implemented if:
• the Client provides incorrect or false data when placing the Order,
• the Client cannot be contacted at the telephone number or e-mail address indicated in the Order,
• the Client places the Order in an incorrect manner,
• Medicover believes that there is a justified suspicion of the Client’s actions being inconsistent with the generally applicable law or abusing the rights resulting from the generally applicable law, in particular: if there is a justified suspicion of hacking, use of third-party credentials in the Internet Store or impersonation of another person.

PAYMENTS AND ORDER IMPLEMENTATION

28. The full amount due for the Order is visible as part of the summary of each Order at the fourth step of the purchase path. The price represents the full cost of the Services purchased by the Client; there are no hidden costs.
29. Payments for the Order may be made via Przelewy24, by bank transfer or by payment card, in accordance with the method of payment selected in the Internet Store.
30. Proper payment of the Order is tantamount to purchasing the Service in the Internet Store.
31. Activation of the authorisation to use the Services takes place on the date defined by the Client in the Order form and after payment for the Service. In some cases, the Order form automatically suggests the authorisation activation date that is applicable.
32. Activation of the authorisation is made:
• in the case of Services verified automatically: within 24 hours after receiving payment confirmation; in the case of Services verified manually: not later than within 3 working days after receiving payment confirmation.
33. Provision of the Service is each time described in the Product Data Sheet in the Internet Store.
34. Provision of the Service is possible after successful activation in Medicover database systems.
35. The guarantee and the scope of the Service is each time described in the Product Data Sheet.

CANCELLING ORDERS AND WITHDRAWING FROM THE AGREEMENT

36. In accordance with the Act of 30 May 2014 on Protection of Certain Consumer Rights and the Liability for Damage caused by a Dangerous Product (Journal of Laws No. 22, Item 27.1 of 31 March 2000), the Client may terminate the agreement in writing without giving reasons within 14 days from the date of concluding the agreement. The request for withdrawal from the agreement should be sent to the e-mail address: e dok@medicover.pl or by traditional mail to the following address: Medicover Sp. z o.o., Al. Jerozolimskie 96, 00-807 Warszawa. The withdrawal form is also available in the Internet Store.
37. Medicover Sp. z o.o. guarantees return of the paid amount within 14 working days via the Przelewy24 application to the bank account from which the payment was initiated without the Client being charged any additional costs.
38. If the medical services were used, it is not possible to withdraw from the agreement as it is considered performed.

PERSONAL DATA

39. The personal data provided by Clients in the Internet Store (including in the account registration process) are processed by Medicover Sp. z o.o., with its registered office at: Al. Jerozolimskie 96, 00-807 Warszawa (data controller).
40. Provision of the personal data by the Client is voluntary, but it is required for making purchases and using the Services. Medicover processes the personal data in order to conclude agreements with the Client for provision of the Services purchased in the Internet Store and to perform those agreements.
41. The Client has the right to access his/her personal data, correct them and remove them. The personal data may be corrected or removed after logging in to the Client’s account (the “My Account”/“Moje Konto” tab) or by contacting the reception desk of any Medicover Centre (their addresses are available at www.medicover.pl).
42. When providing the required data, the Client declares that those personal data are his/her data.
43. The detailed provisions concerning protection of the Client’s personal data are available on the web page of the Internet Store dedicated to the privacy policy.

COMPLAINTS

44. The Client can submit reports containing questions, suggestions or information about experienced problems related to the Internet Store in one of the following manners:
• by e-mail to e-dok@medicover.pl,
• by calling 500 900 550 on weekdays from 8.00 a.m. to 8.00 p.m.
45. 45. Complaints related to customer service are considered within 10 working days; complaints related to medical issues are considered within 30 working days of the date of provision of all the data necessary to process the complaint to the following address: Medicover Sp. z o.o. Dział Obsługi Klienta – Reklamacje Al. Jerozolimskie 96, 00-807 Warszawa or sending them to e-dok@medicover.pl.
46. In the case of complaints or claims related to implementation of the Service in a Medical Centre other than Medicover Centre, at the request of Medicover, the Client shall perform activities enabling Medicover to receive all information and documents, including medical records, necessary for proper processing of the complaint or claim.
47. The court competent for resolving disputes ensuing from the agreement of sale of the Service is the competent court of general jurisdiction.
48. The fee for calling Medicover is equal to the fee for regular telephone calls and is compatible with the provider’s tariff package used by the Client.

FINAL PROVISIONS

49. The Services purchased in the Internet Store cannot be re-sold, transferred, lent to other persons or changed to other Services provided in Medicover Centres and/or in other Medical Centres. In particular, they cannot replace or be replaced by Services provided based on other legal relationships than an agreement concluded via the Internet Store.
50. Changing the rules and regulations takes place by means of publishing the amended text at www.medistore.com.pl (downloadable in the PDF format). Medicover informs of the changes by publishing a communication in the Internet Store and by sending an e-mail message to registered Clients to the e-mail addresses assigned to their accounts; the message contains a notification of the amendment to the rules and regulations (with the amended rules and regulations provided in the PDF format).
51. The amended rules and regulations are binding for registered Clients that do not cancel the account on terms described in point 37 of these rules and regulations before the entry into force of the amended rules and regulations. The date of entry into force of the amended rules and regulations is at least 14 days after the date of notifying Clients of the amended rules and regulations in accordance with point 52 above. Changes to the rules and regulations shall have no influence on the orders placed before those changes, which will be implemented on previously applicable terms.
52. The rules and regulations enter into force on [ ] 2018.