TERMS OF SERVICE AND SALES
For the Demo-USG.pl website, All Medical Systems sp. z o.o.
§ 1. General Provisions
These Terms specify the rules of using the online store/website operated under the demo-usg.pl domain, in particular the rules for placing orders, concluding medical equipment sales contracts, and the complaint procedure.
The owner of the website and the Seller is: Demo-USG.pl, All Medical Systems sp. z o.o. with its registered office in Nekielka, at 143 Nekielska St., entered into the register of entrepreneurs of the National Court Register under KRS number: 0000807967, NIP (Tax ID): 7773356814, REGON: 385111534 (hereinafter: "Seller").
These Terms are addressed primarily to Entrepreneurs (B2B). Provisions concerning Consumers apply only to the extent required by mandatory provisions of law.
The object of the Seller's business is the sale of specialized medical equipment, in particular ultrasound machines (USG).
§ 2. Definitions
Client/Buyer – a business entity (a natural person running a business, a legal person, an organizational unit) making purchases for purposes directly related to its business or professional activity.
Goods – medical equipment, accessories, and other products offered by the Seller.
§ 3. Seller's Status and Trademark Rights
Authorized Partnership: The Seller declares that they are an official, Authorized Dealer of the Siemens Healthineers brand. Regarding the products of this brand, the Seller acts based on direct distribution agreements with the manufacturer, offering full support provided in the authorized network.
Independent Trade (Other Brands): Regarding Goods of brands other than Siemens Healthineers (including in particular, but not limited to: Samsung, GE Healthcare), the Seller declares that:
a) They are not an authorized distributor, representative, agent, or commercial partner of these entities.
b) These Goods are offered by the Seller as part of independent trade. The Seller purchases these Goods in their own name and on their own behalf from other business entities operating on the Polish or foreign (including intra-Community) market, and then resells them to the Client.
c) The Seller does not act as an intermediary (broker) in the purchase, but concludes a standard sales contract for goods in their possession or commercial disposal.
Trademarks: All trademarks, trade names, and logos of manufacturers other than Siemens Healthineers (e.g., Samsung, GE) used on the website are for informational purposes only and serve solely to identify the intended use or properties of the offered Goods, in accordance with applicable industrial property laws. Their use does not imply the existence of economic links between the Seller and the owners of these trademarks.
§ 4. Orders and Contract Conclusion
Information contained on the website, including prices, does not constitute an offer within the meaning of the Civil Code, but merely an invitation to conclude a contract. Placing an order by the Client constitutes an offer to purchase the Goods submitted to the Seller.
The sales contract is concluded when the Seller explicitly confirms the acceptance of the order for execution (via e-mail). The automated confirmation of receipt of an order is not tantamount to the conclusion of a contract. The Seller reserves the right to refuse to fulfill an order without stating a reason (in B2B relations), especially in the event of pricing errors on the site or lack of goods availability from external suppliers.
§ 5. Delivery, Warranty, and Liability
Delivery: In the case of sales to Entrepreneurs, the risk of accidental loss or damage to the Goods passes to the Buyer upon handing over the Goods to the carrier (courier) or forwarder. The Buyer is obliged to check the condition of the shipment in the presence of the courier.
Warranty: Siemens Healthineers brand goods are covered by the manufacturer's warranty. For other brands, the goods may be covered by the Seller's Warranty (confirmed by a separate document).
Exclusion of Statutory Warranty (Rękojmia): Pursuant to Art. 558 § 1 of the Polish Civil Code, the Seller's liability under the statutory warranty for physical and legal defects of the Goods towards Clients who are not Consumers (Entrepreneurs) is completely excluded. The Seller's liability for damages is limited to the actual damage and the amount of the price paid.
PRIVACY AND COOKIES POLICY
I. Data Controller
The controller of your personal data is Demo-USG, All Medical Systems sp. z o.o. with its registered office in Nekielka at 143 Nekielska St., NIP: 7773356814 (hereinafter: "Controller"). Contact regarding data protection: biuro@demo-usg.pl.
II. Purpose and Basis of Processing
Your personal data (including: name, surname, company name, NIP, address, e-mail, phone number) are processed for the following purposes:
- Execution of a sales contract or taking action before its conclusion (e.g., preparing a quote for ultrasound equipment) – Art. 6(1)(b) GDPR.
- Fulfillment of legal obligations, including issuing invoices and bookkeeping – Art. 6(1)(c) GDPR.
- The legitimate interest of the Controller, consisting in pursuing claims, archiving data, and direct marketing of its own products and services (B2B relations) – Art. 6(1)(f) GDPR.
III. Data Recipients and Retention Period
Your data may be transferred to entities we cooperate with in fulfilling orders, in particular: courier companies, accounting firms, law firms, IT system providers, and banks. In the case of Siemens brand equipment, data may be transferred to the manufacturer for warranty registration purposes.
Data will be stored for the duration of the contract, and after its termination for the time required by tax law provisions (5 years from the end of the calendar year) or until the statute of limitations for potential claims expires.
IV. Data Subject Rights and Cookies
You have the right to: access your data, rectify it, delete it, restrict processing, transfer data, and object to data processing. You have the right to lodge a complaint with the President of the Personal Data Protection Office (UODO).
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