Regulations
Definitions
Operator (administrator)- Novell Pharmaceutical de Venezuela C.A. with its registered office in Venezuela at v. 3 Independencia, Esq. Calle 32. Planta Alta, arriba de Banpro, frente al Ambulatorio El LLano registered under tax identification number J-311484035
Customer/User - an entity, using the Site, to whom, in accordance with the Regulations and the law, electronic services may be provided, or with whom an agreement for the provision of electronic services may be concluded.
Consumer- A user who is an individual who orders Services or buys a product on the Website.
Service - This Internet Service available at www.tirzepatyd.store together with its functionalities, run by the Operator, where Users can order the Service or purchase promoted products by filling in, among other things, the order form and entering the promotional code.
Service - the sale of products and services provided electronically by the Operator of the www.tirzepatyd.store website under these Regulations enabling the Customer, through the Website, to place orders with Shippers for delivery by carriers, to move and deliver Shipments from or to the Carrier's Pickup Point, as well as to perform additional services provided in accordance with the Regulations of the respective Carrier (within the scope of its activities and under the Carrier's Regulations).
Order - a correctly including the discount code and completely completed order form for the shipment of a product or service, movement and delivery of a Shipment submitted by the Customer through the Service, ending with the generation of a Waybill for the performance of the Service.
Letter of Transmittal - a legally binding document filled out by the Sender for the Customer, constituting proof of the conclusion of the Service Agreement or purchase of the product, attached to each Shipment, containing the necessary information for the Carrier about the Shipment and its destination and Recipient.
Carrier (Courier)- an entrepreneur who, in the course of his business, provides transportation services, to whom an order can be placed for the collection, movement and delivery of a shipment as part of the services concluded on the Site between the Sender and the recipient without cash on delivery or "cash on delivery", as well as a Person providing courier services on behalf of this company acting on the basis of a contract concluded with it. As part of the Service, the Sender may place an order with the Carriers indicated below:
- InPost Express sp. z o.o., based in Krakow, 130 Malborska St., 30-624 Krakow, registered by the District Court for Krakow - Śródmieście in Krakow, XI Economic Department of the National Court Register, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000543759, REGON 360781085, NIP 6793108059,
website: https://inpost.pl/
- InPost Paczkomaty Sp. z o. o., based in Krakow, 130 Malborska St., 30-624 Krakow, registered in the District Court for Krakow - Śródmieście in Krakow, XI Economic Department of the National Court Register, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000255841, REGON 120246484, NIP 6792895061,
website: https://paczkomaty.pl
Consignment - a thing or things registered in the Service, properly packed by the sender, bearing a Letter of Transmittal with the designation of the Recipient and address for collection by the Carrier and delivery to the Recipient, containing correspondence or as a postal package within the meaning of the Postal Law, received, sorted, moved and delivered in the manner sanctioned by these Regulations, as well as the Regulations of the Carriers, for which the permissible dimensions and weight are specified in the Price List.
Regulations - Carrier's regulations - Carrier's regulations apply to the performance of services ordered through the Website. The current regulations stipulating the terms and conditions of service are available on the Carrier's websites listed above.
Recipient - a natural person, legal entity or organizational unit without legal personality, to which the Act confers legal capacity, to which a Parcel is addressed in connection with the ordering of the Service by the Recipient, authorized by the Recipient and entitled to receive the Parcel delivered by the Carrier under the implemented Service.
Shipper - a natural person, legal entity or unincorporated organizational unit that has products, knowledge and experience of the products advertised in the operator's service and can execute the order and to whom the law grants legal capacity, to whom the order is addressed in connection with the order of the Service or product by the Customer, authorized by the Customer and authorized to execute the order and release to the carrier as part of the executed Service.
Accounts Database - a collection of Personal Data and other data assigned to a given account posted on the Website by Users, which, with the consent of the Users, are collected, processed in an orderly manner in a computer system, as part of the Services provided by the Operator.
Personal Data - information collected as part of the registration form, available at www.tirzepatyd.store, concerning an identified or identifiable natural person, processed by the Administrator in order to properly provide the Services and for other purposes specified in these Regulations.
Collection - an additional service making the collection of the Parcel conditional on the Recipient's prior payment of a fee, which will be transferred to the bank account indicated by the Recipient.
Promotional code - an alphanumeric code made available as part of the service, assigned to a specific shipper for the purpose of the shipper's fulfillment of the service order. The promotional code is made available by the senders according to their knowledge and experience to the recipients of the services. In the case of fulfillment of a service without a product, a set of services is sent after payment. In the case of fulfillment of a service involving the purchase of products, the sender sends the product in accordance with the promotion in the service and the established and assigned discount codes in the service. The service is not a party to the transaction between the sender providing promotional codes and the recipient.
Price list - price list of Additional Services dedicated to recipients and senders.
RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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
Provision of services by electronic means - the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, sent and received by means of equipment for electronic processing, including digital compression and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. -Telecommunications Law;
Postal Law - Law of June 12, 2012. Postal Law (Journal of Laws 2012 item 1529)
Transportation Law - Law of November 15, 1984 Transportation Law (i.e. Journal of Laws 2012, item 1173 as amended).
Shipper/Receiver Point - premises within the service of postal operators cooperating with the Operator within the meaning of the Postal Law, where an authorized person issues or accepts a parcel from the Sender for the purpose of performing the shipping service. The tasks and functions of the Carrier shall apply accordingly to the Shipping and Receiving Point from the moment of acceptance of the shipment from the Sender/Carrier until the moment of delivery to the Receiver/Carrier.
Preliminary provisions
1 Pursuant to Article 8 (1) (1) of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204), a company with its registered office in Venezuela at v. 3 Independencia, Esq. Calle 32. Planta Alta, arriba de Banpro, frente al Ambulatorio El LLano registered under tax identification number J-311484035, e-mail address: [email protected] hereby establishes the terms and conditions for the provision of services by electronic means.
(2) The Rules and Regulations set forth the terms and conditions of services provided through the www.tirzepatyd.store website, which is maintained and administered by the Operator.
3. with the help of the Service, within the scope of its business, provides services related to making the offer available to Shippers and their execution through the Service with enabling Users to place orders electronically, to move and deliver the offer with the Shipment by the Carrier within the scope of its business and on the basis of the Rules and Regulations of the Shipper and Carrier selected by the User, as well as to make payments for the Service, to track the execution of the Service, to make available, at the individual request of the User, information placed within the Service.
(4) The www.tirzepatyd.store website may be used by natural persons, legal entities or organizational units without legal personality, which are granted legal capacity by the law.
5. logging into the User's account on the website www.tirzepatyd.store or ordering a service or promoted product by senders requires the User to first read and accept the provisions of these Regulations, available on the website www.tirzepatyd.store By accepting these Regulations, the User agrees to all the provisions contained therein and undertakes to abide by them.
(6) The Operator shall provide Services to the sender and the recipient to the extent and under the conditions set forth herein.
(7) The Customer accepts the transfer of personal data, including to the Shipper and Carrier for the purpose of carrying out the transportation service.
(8) The User agrees to the processing by the Operator as Personal Data Administrator (hereinafter referred to as Administrator) of his/her Personal Data provided by him/her in the process of registering an Account on the Website and in the process of using the Website. Provision of personal data is voluntary, however, lack of consent for their processing may make it impossible to provide services electronically and to place orders on the Website by the User.
9 The Administrator processes the User's Personal Data to the extent necessary to establish, shape the content, change or terminate the legal relationship and for the proper implementation of the Services provided electronically, to make settlements with the User, marketing of own services with additional consent, as well as for other legally permissible and justified purposes.
(10) The User declares that the Personal Data provided by the User is the User's true data. The Administrator has the right to make the provision of Services to the User conditional on the User's prior confirmation of the accuracy of the Personal Data. In case of doubt, the Administrator may refuse to provide the services available on the Website, may also block the Account until the doubt is clarified, may also delete the Account.
(11) Users entrusting Personal Data to the Operator shall be obliged to process such data in accordance with applicable laws (including the Personal Data Protection Act of August 29, 1997 and the RODO) and with appropriate technical and organizational measures, meeting the requirements of Polish law. They are also obliged to obtain the consent of the persons from whom they collect Personal Data to entrust the processing of such data, and o provide them with the information contained in these Regulations, including the manner, purpose, scope and period of data processing by the Operator, the rights of the persons whose data are processed and the circle of entities to which the Operator entrusts data. This also applies to the situation of the User's use of the address book available after logging into the Service account.
Ordering a Service or purchasing a product and its execution
(1) Orders are accepted by the Service 24 hours a day, 7 days a week. The Customer's orders are fulfilled within the deadlines indicated by the respective Shipper and Carrier, in accordance with their regulations, and the information presented on the Site regarding the date of shipment is an approximate deadline, not a guaranteed one.
(2) Upon pressing the "Order" or "buy" button, an Order is placed for the Service or product selected by the User.
(3) Placing an order by the User is tantamount to acceptance by the User of the provisions of these Regulations and the regulations of the Carrier performing the transportation service.
(4) In order to order a Service or purchase a product, the Customer shall fill in the shipment form via the Website or after logging in, providing the required data, indicate the Carrier whose services he intends to use and approve the order to the Operator and ensure that the Shipment is released to the Carrier at the premises/location indicated in the Order.
(5) Placing an order by the user is tantamount to a statement of use of the products for their intended purpose. Products offered by the operator are intended only for research purposes.
6 The recipient undertakes to complete the form accurately and factually.
7 Ordering the Operator to perform the Service implies acceptance of the Regulations and the price list and regulations of the Carrier and acceptance of the product issued by the Shipper.
(8) The Service Recipient agrees to pay the Operator the total amount billed by the Shipper plus additional costs for the ordered service or product in accordance with the Standard or Individual Price List, depending on the choice made.
(9) Incorrect preparation of the Order, including incorrect generation of the Waybill, shall be the responsibility of the Customer or the Sender.
(10) Responsibility for violations of the Regulations with respect to the dimensions and weight of the Parcel, proper packing and securing of the Parcel in accordance with the rules adopted in the regulations of the selected Carrier, including damages arising therefrom, in particular, surcharges charged by the Carrier, shall be borne solely by the Sender.
(11) All documents necessary for the correct implementation of the order placed are generated and made available to the Customer in electronic form (in the case of a registered Customer), as well as via email.
12 Depending on the selected Carrier, the Service-generated Bill of Lading for the Shipper or Label must be printed and attached to the Shipment transferred to the Carrier.
(13) The Carrier (courier) may contact by phone, text message or e-mail with the Customer on the basis of the consent given, the Recipient on the basis specified in § 2.11, at the phone numbers or e-mail numbers provided, in order to facilitate the delivery of the Parcel (execution of the Order) and the execution of the contract. Personal data are transferred to the Carrier to enable communication between the Carrier, the Customer and the Recipient.
(14) The Shipper shall notify the Consignee of the planned Shipment, as well as of the need to provide appropriate tools, equipment or persons necessary for the unloading of the Shipment, if necessary.
15. the Sender will inform the Recipient that in case of loss or damage to the delivered Parcel, he is obliged to immediately prepare a damage report in the presence of a representative of the Carrier (the report should be legibly signed by a representative of the Carrier delivering the Parcel and by the Recipient)
16 The user through the website www.tirzepatyd.store, after entering the number of the Parcel, has the ability to track the current status of the Parcel.
(17) Fulfillment through the Service shall be fulfilled within the timeframe and in accordance with the terms and conditions of the regulations or general terms and conditions of service in force at the Carrier selected by the Customer.
(18) If the Carrier is not handed over the Parcel by the Sender, the Operator - at the express request of the Customer - may order another attempt to pick up the Parcel. Any related fees that may be added by the Carrier shall be paid by the Sender.
19. shipments not picked up by the Recipient on time, shall be returned to the Sender at his expense through the Carrier in accordance with the Price List of the Service.
(20) If the Recipient refuses to pay the amount of collection, the Parcel is not transferred to him, and the Operator retains the right to remuneration as for the Parcel delivered.
21 Collection of payment from the Recipient for the delivered Parcel ("cash on delivery") shall be made in cash or by payment card, if the Carrier provides such service.
22 The Operator shall exercise the utmost diligence to ensure the smooth operation of the Website and the performance of Services ordered on the Website, however, the acceptance of an Order on the Website does not imply its absolute execution. If it is not possible to execute a given order due to unavailability of services or products offered by Shippers or unsupported locations by the selected Carrier, the Operator, after informing the Service Recipient, has the right to cancel the Order. In this case, the Customer will receive a refund for the service that could not be provided.
(23) Service Recipients shall have the option to cancel Orders for which the Shipper has not yet attempted to perform the Service by sending a notice to [email protected] . In case of cancellation of an Order, no fee is charged. If the Order has already been prepaid, the amount of payment shall be returned to the Service Recipient.
24 The User, who is a Consumer, shall receive clear and legible information through the Service about the limitations on the performance of the ordered Service or product and the accepted methods of payment, at the latest at the beginning of the ordering process.
25. to the User, who is a Consumer, the Operator will provide information immediately before placing an order:
(26) After placing an order, the Operator will provide the Consumer with confirmation of the conclusion of the agreement for the performance of the ordered Service or purchase of the product from the Shipper on a durable medium in the format of a pdf file sent by e-mail, to which the Consumer agrees.
(27) The performance of the service before the expiration of the deadline for withdrawal from the contract referred to in § 11 paragraph 2 of the Regulations shall be performed only at the request of the Consumer. The Consumer's statement to this effect may be made in the order form.
28 The Customer who is a Consumer acknowledges that the Customer's choice to perform the Service when placing the Order before the expiration of 14 days from the placement of the Order results, after the performance of the Service, in the loss of the right to withdraw from the Agreement.
- the main characteristics of the performance, taking into account the subject matter of the performance and the method of communication with the consumer;
- its identifying information, in particular about the company, the authority that registered the business, and the number under which it was registered;
- business address, e-mail address and telephone or fax numbers, if available, at which the consumer can quickly and efficiently contact the trader;
- The address at which the consumer may file complaints, if different from the address indicated above;
- the total price or remuneration for the performance, including taxes, and when the nature of the subject of the performance does not allow, reasonably judging, to calculate their amount in advance - the manner in which they will be calculated, as well as fees for transportation, delivery, postal services and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them
- the costs of using a means of remote communication to conclude a contract, where they are higher than those normally applied for the use of that means of communication;
- The method and date of payment;
- the manner and timing of the entrepreneur's performance and the procedure used by the entrepreneur for handling complaints;
- how and when to exercise the right of withdrawal, as well as a model withdrawal form;
- the cost of returning the items in the event of withdrawal, which shall be borne by the consumer; for distance contracts, the cost of returning the items if, due to their nature, the items cannot be returned by mail in the usual manner;
- the Consumer's obligation to pay the Operator's reasonable costs incurred if the Consumer withdraws from the contract after requesting the commencement of the Service before the deadline for withdrawal;
- the absence of the right of withdrawal or the circumstances under which the consumer loses the right to withdraw from the contract;
- the duration of the contract or about the manner and grounds for termination of the contract - if the contract is concluded for an indefinite period or if it is to be automatically renewed;
- The minimum duration of the consumer's obligations under the contract;
- the possibility of using out-of-court procedures for handling complaints and investigating claims, as well as the rules of access to these procedures;
- about the Carrier's identifying information, in particular, the company, the registration authority, the Carrier's address, e-mail address and telephone or fax numbers, if available, the address at which the Consumer may submit complaints to the Carrier, if different from the address given above.
Payments and settlements
(1) The Operator shall charge for all ordered Services in accordance with the Price List in effect at the time of the order.
(2) All prices shown on the website or in marketing materials are only an invitation to negotiate in accordance with Article 71 of the Civil Code.
(3) The only price list applicable to the Customer is the Price List located on the website www.tirzepatyd.store for logged-in Users and the price list in effect at the time of registration of the Order.
(4) The Operator reserves the right to change Prices without giving any reason, introduce new and remove old Services or products, conduct and cancel promotional actions.
(5) The Customer shall pay in a timely manner all fees related to the order of Services or products charged in accordance with the Price List and the Regulations, including additional fees.
(6) The Customer agrees to receive invoices in electronic form in accordance with paragraph 3 of the Ordinance of the Minister of Finance of December 17, 2010 on sending invoices in electronic form, the rules of their storage and the manner of making them available to the tax authority or tax inspection authority (DZ.U.Nr249,item1661)
(7) The operator declares that he is registered as an active VAT payer.
(8) The Service Recipient accepts that in the event of non-collection of the Parcel by the Recipient, the Operator will charge a fee for the return of the Parcel in accordance with the Price List. The Service Recipient agrees to pay the resulting difference at the call of the Operator.
(9) In the event that the Customer provides incorrect data, which prevents the delivery of the Parcel to the Shipping - Receiving Point or the Recipient, the order will be accepted, but the Customer will be charged additional costs for returning the Parcel to him in accordance with the Price List.
(10) In the case of an order for a service the subject of which are articles the carriage of which is prohibited by the law in force at the date of the order, or have been included in the Carrier's list of prohibited articles, the Carrier shall have the right to refuse to collect the Shipment from the Sender for the Customer.
(11) The Operator shall issue a VAT invoice to the Customer in accordance with applicable law.
(12) In the case of Cash on Delivery shipments, the Sender authorizes the Operator to collect from the Recipient on his behalf the amount of cash on delivery and transfer it to the Sender. The funds collected by the Operator shall be transferred to the Sender on individually agreed dates.
13 Payment for services shall be made "in advance" through a secure online payment platform (Payment Gateway), with the designated operator as the clearing agent, along with separate terms and conditions.
(14) Payment for services may also be made under a separate Agreement between the Operator and the Service Recipient.
(15) Any refunds of funds paid shall be made on the basis of an adjustment to the issued sales document and shall be made using the same payment channel used by the Customer, unless otherwise agreed by the parties.
(16) In case of non-payment of amounts due within the specified period, the Operator will take action to collect them: after 21 days from the due date, the 1st demand for payment will be sent; if the Customer does not pay the amounts due within the next 14 days, the Operator will send the 2nd demand for payment; the cost of the demand for payment for the Customer who is a Consumer is PLN 8.13 net (PLN 10 gross); the cost of the reminder for the Customer who is not a Consumer, is PLN 24.39 net (PLN 30 gross).
(17) If calls for payment are ineffective, the Operator may commission an external debt collection company to collect the debt or refer the case to court. A Customer failing to make payment shall be charged with statutory interest for late payment and fees for debt collection activities undertaken by the Operator or a debt collection agency, in particular fees for calls for payment referred to in paragraph 2(c) above.
(18) The Service Recipient who is an entrepreneur shall be charged additionally, without a summons, the amount of compensation for recovery costs equivalent to the amount of 40 euros converted into zlotys according to the average exchange rate of euros announced by the National Bank of Poland on the last working day of the month preceding the month in which the receivable became due, in accordance with the Act of March 8, 2013 on payment terms in commercial transactions.
Responsibility
(1) The Operator shall be liable, unless otherwise provided by mandatory provisions of law, only for the normal consequences of the act or omission from which the damage resulted
(2) Transmission of the Order to the Shipper and Carrier does not guarantee its acceptance for execution. In such a situation, the Operator will work with the Customer to explain the reason for non-acceptance of the Order for execution.
(3) The Operator shall not be liable for the selection of a product or service or the improper performance of the service by the Carrier, unless it is a result of the Operator's failure to perform or improper performance of the Service. The Customer, by means of the Service, enters into a civil contract with the Shipper on the basis of the entered discount code received from the Shipper and the Shipper enters into a contract with the Carrier under the terms and conditions set forth in the Rules and Regulations of the Carrier.
(4) Since the placing of an order for a service by the User is tantamount to acceptance of the regulations of the Carrier performing the Service ordered by the Customer, all limitations of liability contained therein, within the limits of applicable law, also include the Operator and limit its liability
(5) The Operator shall not be liable for, among other things:
(6) The Operator is also not responsible for the actions and consequences of the User's actions taken in connection with the ordering of the service of the Shipper or Carrier, in particular, the Operator is not responsible for:
(7) The operator shall be liable for the loss, loss or damage to the Parcel caused by him at the Shipper - Receiving Point cooperating with the operator, but the liability for loss, loss or damage to the Parcel to which the provisions of the Transport Law apply is limited to the declared value, not more than the actual value.
- non-performance or improper performance of the Service by the Shipper and Carrier, unless it is the result of non-performance or improper performance of the Service by the Operator,
- the legality of the Shipper's and Carrier's activities, including their possession of the relevant permits, or compliance with other formal conditions for conducting business,
- How Users including Senders use the Service to promote services and products and recipients,
- Illegal or unlawful use of the Service by Users and third parties whose access was enabled by the User,
- any malfunctioning of the Service or loss of data, interruption of connection or failure to receive information due to reasons attributable to the Sender,
- interruptions in the operation of the Service caused by the need for maintenance or repair of the system and other circumstances beyond the Operator's control,
- actions of the Recipient, in particular, for accepting the Parcel addressed to him or for his payment of the amount on delivery.
- for delays in the transfer of funds by the payment operator for the ordered Service, and thus for the delay in the performance of the Service.
- For loss, loss or damage or delay in the carriage of the consignment, if they arose from causes occurring on the part of the Customer or the Recipient, not caused by the fault of the Operator, from the characteristics of the goods or due to force majeure
- Provision of incorrect or false data by the User, including data related to shipment,
- Failure to forward the shipment to the Carrier,
- User's violation of the Carrier's Regulations.
- Violation of these Regulations by the User