Terms of service

The conclusion of the contract between the Buyer and the Seller can be made in two ways.

The Buyer has the right, before placing the order, to negotiate any provisions of the contract with the Seller, including those amending the provisions of the following regulations. Negotiations, these should be conducted in writing and addressed to the address of the Seller (DIAGNOZUJMY Sp. z o. o, Ul. Grzybowska 80/82/700, 00-844 Warsaw).

In the event that the Buyer declines the opportunity to conclude an agreement through individual negotiations, the following regulations and applicable provisions of law shall apply.

Terms and Conditions

§1 Definitions

Postal address - DIAGNOZUJMY Ltd, Ul. Grzybowska 80/82/700, 00-844 Warsaw
Complaint address: DIAGNOZUJMY Sp. z o. o., Ul. Grzybowska 80/82/700, 00-844 Warsaw
Delivery price list - products presented on https://mezator.com include shipping costs within Poland by DHL or DPD courier
Contact details: DIAGNOZUJMY Ltd, Ul. Grzybowska 80/82/700, 00-844 Warsaw e-mail: [email protected] phone: 510780191
Delivery - type of transport service together with carrier's specification
Proof of purchase - invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004 as amended and other applicable laws.
Product card - a single subpage of the store containing information about a single product.
Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to his/her business or professional activity.
Civil Code - the Civil Code Act of April 23, 1964, as amended.
Code of Good Practice - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
Consumer - a natural person of full legal capacity, making a purchase with the Seller not directly related to his/her business or professional activity
Basket - a list of products drawn up from the products offered in the store based on the Buyer's choices.
Buyer - both Consumer and Customer.
Place of delivery of items - the postal address or collection point indicated in the order by the Buyer.
Moment of issue of the item - the moment when the Buyer or a third party indicated by the Buyer for collection takes possession of the item.
On-line ODR platform - an EU online service operating under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013. on Online Dispute Resolution for Consumer Disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr
Authorized Entity - an entity authorized for out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended.
Consumer Law - the Law on Consumer Rights of May 30, 2014.
Product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
Subject of the contract - the products and delivery that are the subject of the contract.
Subject of performance - the subject of the contract.
Collection point - the place of delivery of the item that is not a postal address, listed in the summary provided by the Seller in the store.
The register of the OCCP - the register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on extrajudicial resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
The item - a movable thing that can be or is the subject of the contract.
Store - an online service available at https://evitum.pl through which the Buyer can place an order.
Seller: DIAGNOZUJMY Sp. z o. o, Ul. Grzybowska 80/82/700, 00-844 Warsaw, NIP: 5272775551, REGON: 365039670 BANK ACCOUNT: 68 1240 5178 1111 0010 7768 6160
System - a set of cooperating IT devices and software, providing for processing and storage, as well as sending and receiving data via telecommunications networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
Delivery date - the number of hours or working days specified on the product card.
Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 for Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of April 23, 1964 for Buyers.
Defect - both a physical defect and a legal defect.
Physical defect - non-conformity of the sold thing with the contract, and in particular if the thing:
it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
it does not have the properties, the existence of which the Seller assured the Consumer,
it is not suitable for the purpose, which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
it has been given to the Consumer in an incomplete condition;
if it has been incorrectly assembled and started up, if these actions have been performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
it does not have the property assured by the manufacturer or its representative or the person who places the thing on the market in the scope of its business activity and the person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, unless the Seller did not know these assurances nor, judging reasonably, could not have known or could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract
Legal defect - a situation when the sold thing is the property of a third party or is encumbered with a right of a third party, and also if the restriction in the use or disposal of the thing results from a decision or ruling of a competent authority.
Order - a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of the item, Buyer's data and aimed directly at concluding a contract between the Buyer and the Seller.

§2 General conditions

The contract is concluded in the Polish language, in accordance with Polish law and these Regulations.
The place of delivery of items must be in the territory of the Republic of Poland.
The Seller is obliged and undertakes to provide services and deliver items free from defects.
All prices quoted by the Seller are expressed̨ in Polish currency and arę gross prices (includę VAT). Product prices include the cost of delivery
All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. a term specified in days ends with the expiration of the last day, and if the beginning of a term specified in days is a certain event, the day on which this event occurred shall not be taken into account in calculating the term.
Confirmation, access, recording, securing of all material provisions of the contract for future access to such information shall be made in the form of:
confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these terms and conditions in pdf version, model form of withdrawal from the contract in pdf version, links to self-downloading of the terms and conditions and model form of withdrawal from the contract;
attaching to the completed order, sent to the indicated place of delivery of items printed: proof of purchase, information about the right to withdraw from the contract, these terms and conditions, model form of withdrawal from the contract.
The seller informs about known warranties provided by third parties for the products in the store.
The seller does not charge any fees for communication with him using means of remote communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing on his behalf a specific service enabling remote communication.
The seller provides the Buyer using the system with the correctnesś of operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain the full functionality of the store www.evitum.pl, you should disable them all.
The buyer can use the option of remembering his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. Buyer has at any time the ability to view, correct, update data and delete the account in the store.
Seller adheres to the code of good practice.Buyer is obliged to:
not to provide or transmit content prohibited by law, such as. content that promotes violence, defamatory content or content that violates the personal rights and other rights of third parties,
use the store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
do not take actions such as: sending or posting unsolicited commercial information (spam) within the store,
using the store in a manner that is not disruptive to other Buyers and the Seller,
using any content posted within the store only for your own personal use,
use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general rules of netiquette.

§3 Contract conclusion and execution

Orders can be placed́ 24 hours a day.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
adding a product to the cart;
selecting the type of delivery;
selecting the type of payment;
selecting the place of delivery of the item;
placing an order in the store by using the "Buy Now" button.
The contract with the Consumer is concluded when the order is placed.
Realization of an order of the Consumer paid on delivery takes place immediately, and an order paid by bank transfer or through an electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the performance through no fault of his/her own and informed the Seller about it.
A contract with the Consumer is concluded when the Seller accepts the order, of which he/she informs the Consumer within 48 hours of placing the order.
Realization of the Customer's order paid by cash on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or through an electronic payment system after the conclusion of the contract and the crediting of the Customer's payment to the Seller's account.
Fulfillment of the Customer's order may be subject to payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send an order on delivery (payable on delivery).
Shipment of the subject of the contract takes place within the time limit specified on the product card, and for orders consisting of multiple products within the longest time limit of those specified on the product cards. The time limit begins when the order is fulfilled.
The purchased subject of the contract is, together with the sales document selected by the Buyer, shipped by the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, together with the enclosed attachments referred to in §2 item 6b.

§4 Right of withdrawal

Consumer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from a contract concluded remotely, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and to meet the deadline it is sufficient to send the statement before its expiration.
The Consumer may submit a statement of withdrawal from the contract on the form, the model of which is attached as Appendix No. 2 to the Consumer Law, or in another form in accordance with the Consumer Law.
The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another if provided in the submitted statement) receipt of the statement of withdrawal from the contract.
In the event of withdrawal from the contract, the contract is considered not concluded.
The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before its expiration.
The consumer shall send back the items that are the subject of the contract from which he or she has withdrawn at his or her own expense.
The consumer shall not bear the costs of providing digital content that is not recorded on a tangible medium, if he or she has not consented to the performance before the expiration of the deadline for withdrawal from the contract or has not been informed of the loss of his or her right of withdrawal at the time of giving such consent, or the entrepreneur has not provided confirmation in accordance with Art. 15(1) and Article 21(1) of the Consumer Law.
The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
The Seller shall immediately, but not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract made by the Consumer, return to the Consumer all payments made by the Consumer, including the costs of delivering the item to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for the Consumer.
The Seller may withhold reimbursement of the payment received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first.
The Consumer in accordance with Article 38 of the Consumer Law is not entitled to withdraw from the contract:
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 expiry of the deadline for withdrawal from the contract;
in which the subject of the performance is a non-refabricated item, produced according to the consumer's specifications or serving to meet his individualized needs;
in which the subject of the performance is an item that is perishable or has a short shelf life;
in which the subject of the performance is an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things;
in which the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right to withdraw from the contract;
for the supply of newspapers, periodicals or magazines, except for a subscription contract.

§5 Warranty

The Seller, pursuant to Article 558§1 of the Civil Code, completely excludes liability to Customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer under the terms of Art. 556 of the Civil Code et seq. for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is found before the expiration of one year from the moment of issuance of the item, it is assumed that it existed at the moment when the danger passed to the Consumer.
If the sold thing has a defect, the Consumer may:
submit a statement to demand a price reduction;
submit a statement to withdraw from the contract;
unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective thing with a defect-free one or removes the defect. However, if the thing has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the thing with a defect-free or remove the defect, the Consumer shall not be entitled to replace the thing or remove the defect.
Consumer, may instead of the removal of defects proposed by the Seller, demand the replacement of the thing to be free from defects or instead of the replacement of the thing demand the removal of the defect, unless bringing the thing to conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller, while assessing the excessiveness of the costs, the value of the thing free from defects, the type and significance of the defect found, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.
The Consumer may not withdraw from the contract if the defect is insignificant.
Consumer if the sold thing has a defect, may also:
demand replacement of the thing with a defect-free one;
demand removal of the defect.
The seller is obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective thing into conformity with the contract in the manner chosen by the Buyer is impossible or in comparison with the other possible way of bringing it into conformity with the contract would require excessive costs.
If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after the defect-free replacement or removal of the defect, but he shall be obliged to bear part of the related costs exceeding the price of the sold thing, or he may demand from the Seller to pay part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. In the event of failure to perform the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
The Consumer, who exercises the rights under the warranty, is obliged at the expense of the Seller to deliver the defective thing to the claim address, and if, due to the nature of the thing or the manner of its installation, delivery of the thing by the Consumer would be excessively difficult, the Consumer is obliged to make the thing available to the Seller at the place where the thing is located. In the event of failure to perform the obligation by the Seller, the Consumer is entitled to return the thing at the expense and risk of the Seller
The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in §5 item 10.
The Seller is obliged to accept the defective thing from the Consumer in the event of replacing the thing with a defect-free one or withdrawing from the contract.
The Seller within fourteen days will respond to based on Article 5615 of the Civil Code: the statement on the demand to reduce the price, the demand to replace the item with a defect-free one, the demand to remove the defect. The Seller shall, within thirty days (Article 7a of the Consumer Law), respond to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code. Otherwise, he shall be deemed to have acknowledged the Consumer's statement or demand as legitimate.
The Seller shall be liable under warranty if a physical defect is discovered before the expiration of two years from the time the item is delivered to the Consumer, and if the object of sale is a used item before the expiration of one year from the time the item is delivered to the Consumer.
Consumer's claim for removal of defects or replacement of the sold thing with a defect-free one-year statute of limitations, counting from the date of discovery of the defect, but not before the expiration of two years from the moment of issue of the thing to the Consumer, and if the object of sale is a used thing before the expiration of one year from the moment of issue of the thing to the Consumer.
In the event that the term of usefulness of an item specified by the Seller or the manufacturer ends after the expiration of two years from the moment of issue of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of the item found before the expiration of this term.
In the time limits specified in §5 items 15-17, the Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a physical defect of the sold thing, and if the Consumer requested the replacement of the thing with a defect-free one or removal of the defect, the time limit for submission of a statement of withdrawal from the contract or reduction of the price starts when the time limit for replacement of the thing or removal of the defect expires ineffectively.
If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the legal conclusion of the proceedings. Accordingly, it shall also apply to mediation proceedings, whereby the time limit for the exercise of other warranty rights vested in the Consumer shall begin to run from the date of the court's refusal to approve the settlement reached before the mediator or the ineffective termination of mediation.
The exercise of warranty rights for legal defects of the thing sold shall be governed by §5 items 15-16, except that the period shall begin to run from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of an action by a third party - from the date on which the judgment issued in the dispute with the third party became final
If, due to a defect in the thing, the Consumer made a statement on withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he entered into the contract without knowing of the existence of a defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of entering into the contract, the costs of collection, transportation, storage and insurance of the thing, reimbursement of the expenditures made to the extent that he did not benefit from them and did not receive their reimbursement from a third party, and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
The expiration of any time limit for the discovery of a defect does not exclude the exercise of warranty rights if the Seller has deceitfully concealed the defect.
The Seller, insofar as he is obliged to provide a service or financial performance to the Consumer, shall perform it without undue delay, no later than the time limit provided by law.

§6 Privacy policy and security of personal data

The administrator of the personal databases provided by the Consumers of the store is the Seller.
The Seller undertakes̨ to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002. The buyer, by providing his personal data to the Seller when placing an order, agrees̨ to their processing by the Seller for the purpose of fulfilling the order placed. Buyer has at any time the opportunitý to inspect, correct, update and delete their personal data.
Detailed rules for the collection, processing and storage of personal data used to fulfill orders by the store are described in the Privacy Policy, which is located at: https://evitum.pl/polityka-prywatnosci

§7 Final Provisions

No provision of these regulations is intended to violate the rights of the Buyer. It cannot bé also bė interpreted in this way, becausė in case of inconsistency of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
For changes to the regulations and their scope, registered Buyers will be notified electronically (to the e-mail indicated at registration or order). The notification will be sent at least 30 days before the new regulations come into force. Amendments will be made in order to adapt the regulations to the current state of the law.
The current version of the regulations is always available to the Buyer in the regulations tab (https://evitum.pl/regulamin). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the rules and regulations accepted by him when placing the order. Except when the Consumer considers it less favorable than the current one and informs the Seller of the choice of the current one as applicable.
In matters not regulated by these regulations, the relevant applicable legal provisions shall apply̨. Disputes, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. through the EU ODR online platform or by choosing any authorized entity from among those listed in the register of the OCCP. The Seller declares its intention and consents to out-of-court resolution of a consumer dispute.

Finally, the case shall be resolved by a court of local and material jurisdiction.