GENERAL TERMS AND CONDITIONS OF SALE OF NORD MEDICAL SPÓŁKA Z O.O. WITH ITS REGISTERED OFFICE IN WARSAW

§ 1 DEFINITIONS

1. GTC – General Terms and Conditions of Sale of Goods applied by Nord Medical Sp. z o.o. addressed to Customers who are consumers (including entrepreneurs who are natural persons concluding a sales agreement directly related to their business activity, but which does not have a professional nature for such persons, resulting in particular from the subject of their business activity as disclosed in the Central Register and Information on Business Activity) and entrepreneurs, unless a provision of the GTC expressly indicates that it applies exclusively to consumers or entrepreneurs.
2. Seller – Nord Medical sp. z o. o. with its registered office in Warsaw, registered office address: Plac Bankowy 2, 00-095 Warszawa, entered in the National Court Register under number 0000455506 REGON: 146606459, NIP: 1182091025, share capital of PLN 5,000 paid in full.
3. Buyer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, placing an Order and concluding a Sales Agreement with the Seller.
4. Consumer – a natural person performing a legal transaction with the Seller not directly related to their business or professional activity, or a natural person concluding an Agreement directly related to their business activity, but which does not have a professional nature for such person, resulting in particular from the subject of their business activity as disclosed in the Central Register and Information on Business Activity.
5. Entrepreneur – a natural person, legal person or organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity.
6. Parties – the Seller and the Buyer.
7. Seller’s Website – https://balanced-body.pl/.
8. Offer – an offer within the meaning of Article 66 of the Civil Code.
9. Agreement – a transaction for the sale of Goods concluded by placing an order by the Buyer in accordance with these GTC or, in special cases, by signing a separate written agreement.
10. Delivery – delivery of the Goods to the address specified in the order, excluding carrying the Goods into the Buyer’s premises.
11. Goods – a movable item presented on the Seller’s Website https://balanced-body.pl/.
12. Order – a declaration of intent made by the Buyer aimed at concluding a sales agreement, specifying in particular the type and quantity of Goods.
13. Order Processing Time – the period from the moment the Buyer receives confirmation of acceptance of the Order (in the case of cash payment upon delivery of the Goods), from the moment the payment is credited to the Seller’s bank account (in the case of advance payment by bank transfer) until the Goods are dispatched to the Buyer.

§ 2 BASIC INFORMATION

1. All names and trademarks placed on the Seller’s Website are registered trademarks of their respective owners and are used solely for identification purposes.
2. Information about the Goods presented by the Seller on its Website does not constitute an offer, but an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
3. The GTC constitute an integral part of the Agreement concluded between the Seller and the Buyer.
4. The GTC are permanently available at the following electronic address: https://balanced-body.pl/ows, and are delivered to the Buyer upon sending the Offer to the Buyer.
5. A VAT invoice is issued for each purchase.
6. Buyers may contact the Seller:
   • by telephone: 881 606 800 or 575 797 947 (Mon-Fri, 9:00-16:00);
   • by e-mail: by sending a message to: kontakt@balanced-body.pl

§ 3 PLACING ORDERS AND PROCEDURE FOR CONCLUDING A SALES AGREEMENT

1. Orders for the Seller’s Goods may be placed in the following ways:
   • by e-mail: by sending an Order to kontakt@balanced-body.pl containing data sufficient for its processing, i.e. the quantity and type of Goods, first and last name (company name), address, e-mail address, delivery address, invoice details, contact telephone number and the selected payment method;
   • by telephone: by placing an Order at 881 606 800 or 575 797 947
2. Placing an Order by the Buyer (by telephone or electronically) and confirmation of the Order by the Seller (exclusively electronically) are conditions for concluding a Sales Agreement between the Buyer and the Seller. Placing an Order by the Buyer is not binding on the Seller; failure by the Seller to respond does not constitute tacit acceptance of the Order.
3. The Buyer declares that Orders will be placed by persons authorized by the Buyer to represent them.
4. The Sales Agreement is concluded when the Seller confirms the Order by e-mail, as referred to in § 3 para. 2, and on the terms set out in the GTC.
5. After placing an Order, the Buyer receives an e-mail confirming the placed Order. In the case of payment by bank transfer, the message is accompanied by a pro forma invoice containing the data necessary to make the transfer.
6. The recording, securing, making available and confirming to the Buyer the material provisions of the Sales Agreement takes place by sending the Order confirmation to the Buyer’s e-mail address.

§ 4 ORDER PROCESSING AND DELIVERY OF GOODS

1. The Goods will be delivered within the period specified in the Offer or Order confirmation.
2. If it is not possible to process the Order within the stated period, the Buyer will be offered a new Order processing date.
3. Delivery of Goods is limited to the territory of Poland, Finland, Estonia, Latvia, Lithuania, Slovakia and Hungary.
4. The Goods are delivered to the Buyer by a courier or freight forwarding company.
5. Delivery costs are indicated to the Buyer in the Offer.
6. Delivery of the Goods does not include carrying them into the Buyer’s premises.
7. Upon receiving the shipment, the Buyer:
8. being a Consumer, has the right to check whether the packaging has suffered any mechanical damage and whether it is complete. If damage or incompleteness of the shipment is found, a damage report may be prepared in the presence of an employee of the courier or freight forwarding company. In such a case, the report should be prepared in two identical copies, signed by the Consumer and the employee of the courier or freight forwarding company.
9. being an Entrepreneur, is obliged to check whether the packaging has suffered any mechanical damage and whether it is complete. If damage or incompleteness of the shipment is found, it is mandatory to prepare a damage report meeting the conditions described in § 4 point 7 a). A damage report prepared upon receipt of the shipment constitutes the basis for the complaint procedure.

§ 5 INSTALLATION OF THE PURCHASED GOODS

1. When placing an Order, the Buyer may choose the service of installing the purchased Goods at the Buyer’s premises located in Poland by the Seller.
2. The price for the installation service is agreed individually by the Buyer and the Seller before concluding the Agreement.
3. A condition for the performance of the Goods installation service is the appropriate preparation of the premises where the equipment is to be installed, i.e. the premises must be fully ready for installation, clean, and no construction work may be carried out on the premises. In the event of improper preparation of the premises, the Seller may refuse to perform the Goods installation service until the Buyer’s premises are ready and may charge a fee for travel to the Buyer’s premises. In such a situation, the Buyer shall have no claims against the Seller.

§ 6 PRICES OF GOODS AND PAYMENT METHODS

1. All prices of the Goods are expressed in Polish zloty, Euro or US Dollars and include VAT (gross prices).
2. The information on the price of the Goods is binding from the moment the Buyer receives an e-mail confirming acceptance of the Order until the completion of the Order.
3. The Buyer may pay for the purchased Goods in the following ways:
   1. cash upon delivery of the Goods – payable to the courier company employee (only for Orders up to the amount of PLN 5,000 gross); the Buyer is obliged to make payment upon receipt of the shipment.
   2. by bank transfer to the Seller’s bank account:
      • 100% advance payment of the value of the Goods – if the Goods are available in the Seller’s warehouse; the Buyer is obliged to make payment within 14 days from the date of conclusion of the Sales Agreement.
      • in the form of a 50% advance payment of the value of the Goods – the Buyer is obliged to make the advance payment within 14 days from the date of conclusion of the Sales Agreement. Payment of the remaining price of the Goods shall be made after the Buyer has been informed that the Seller has completed the ordered Goods. Delivery of the Goods shall take place after the remaining amount due has been credited.
4. The Seller reserves the right to suspend deliveries of Goods from unfulfilled Orders and to confirm new Orders in the event of delays in payment of amounts due to the Seller by the Buyer, until all overdue payments have been settled.
5. The Seller undertakes to deliver invoices in PDF format electronically to the Buyer’s e-mail address indicated in the Order each time, and the Buyer agrees to receive invoices electronically in accordance with the Regulation of the Minister of Finance of 20 December 2012 on sending invoices electronically, the rules for their storage and the procedure for making them available to the tax authority and tax inspection authority (Journal of Laws of 29 December 2012, item 1528) and the Act of 11 March 2004 on Goods and Services Tax (consolidated text of 2011, Journal of Laws No. 177, item 1054, as amended).

§ 7 RETENTION OF TITLE

1. The Seller reserves ownership of the sold Goods, which means that the Seller remains the owner of the Goods until full payment of the amounts due for the Goods delivered to the Buyer and any other amounts due under the Sales Agreement.
2. Upon the commencement of bankruptcy or restructuring proceedings against the Buyer, the Buyer is obliged to mark the Goods in a manner indicating the existence of the retention of title in favor of the Seller.
3. In the event of seizure of the Goods owned by the Seller during enforcement proceedings against the Buyer’s assets, the Buyer is obliged to immediately inform the Seller of this fact and cooperate in exercising the Seller’s rights against the entity seizing the Goods using all available means. At the Seller’s request, the Buyer is obliged to immediately provide all information regarding where the Goods subject to the retention of title are stored.

§ 8 BUYER’S RIGHT TO WITHDRAW FROM THE AGREEMENT

1. The Consumer has the right to withdraw from the Sales Agreement for the Goods within 14 days without giving any reason.
2. The withdrawal period shall expire after 14 days from the day on which the Consumer took possession of the Goods or on which a third party other than the carrier and indicated by the Consumer took possession of the Goods.
3. The condition for exercising the right of withdrawal is for the Consumer to submit a statement of withdrawal from the Agreement (Nord Medical sp. z o. o. with its registered office in Warsaw, registered office address: Plac Bankowy 2, 00–095 Warszawa, tel. 881 606 800 or 575 797 947, email kontakt@balanced-body.pl) before the expiry of the period specified in § 8 point 2.
4. The Consumer may withdraw from the Sales Agreement using the model form provided by the Seller on the Seller’s Website.
5. The right of withdrawal from the Sales Agreement shall not apply to Sales Agreements concerning:
   1. Goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
   2. Goods manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs.
6. In the event of withdrawal from the Sales Agreement by the Consumer, the Consumer is obliged to immediately return the purchased Goods to the Seller’s address (within 14 days from the date on which the Consumer provided information about withdrawal from the Agreement in accordance with § 7 para. 3). The deadline shall be met if the Consumer sends the Goods back before the expiry of the 14-day period.
7. Including the complete set of documents with the returned Goods will facilitate and expedite the withdrawal procedure.
8. All costs of returning the Goods (packaging and shipment) to the Seller’s address shall be borne by the Consumer.
9. The Consumer shall be liable for any reduction in the value of the returned Goods resulting from using them in a manner exceeding what is necessary to establish their nature, characteristics and functioning.
10. In the event of withdrawal from the Sales Agreement, the Seller shall refund all payments received from the Consumer immediately, no later than within 14 days from the date on which the Seller received the statement of withdrawal from the Agreement.
11. The Seller may withhold the refund until it receives the returned Goods or proof of their return shipment, whichever occurs first.
12. If, when placing the Order, the Consumer chose a delivery method other than the cheapest standard delivery method available, the Seller shall not refund the Consumer any additional delivery costs incurred by the Consumer.

§ 9 COMPLAINTS REGARDING GOODS

1. The Seller’s liability towards Entrepreneurs under the statutory warranty for defects in Goods covered by Sales Agreements is excluded.
2. The Seller shall be liable to Consumers for non-conformity of the Goods with the Sales Agreement under the principles set out in the Consumer Rights Act as in force from 1 January 2023, in particular pursuant to Articles 43a–43g.
3. Complaints may be submitted in writing:
   1. to the Seller’s address: Plac Bankowy 2, 00 – 095 Warszawa;
   2. by e-mail to: serwis@balanced-body.pl
4. A complaint may contain:
   1. information about the type of Goods subject to the complaint, the Order number and the date of conclusion of the Sales Agreement;
   2. information about the circumstances, nature and date of occurrence of the non-conformity of the Goods with the Sales Agreement;
   3. a request for the method of bringing the Goods into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement;
   4. contact details of the Buyer submitting the complaint.
5. The Seller undertakes to consider each complaint within 14 days from the date of its submission.

§ 10 QUALITY WARRANTY

1. The warranty for Goods purchased from the Seller is provided by their manufacturer.
2. The warranty conditions are specified in detail in the warranty cards and in the descriptions of individual Goods.
3. The warranty is handled through the Seller in accordance with the procedure specified in the warranty card and in the descriptions of individual Goods.

§ 11 LIABILITY

1. In each case where the Seller incurs liability for damages towards the Buyer, such liability shall be limited to actual loss and may not exceed the value of the purchased Goods.
2. In the event that a third party brings any claims against the Buyer that may be related to the Goods sold to the Buyer by the Seller, the Buyer should immediately notify the Seller thereof in writing, otherwise the Seller’s liability in this respect shall be excluded.
3. The Seller shall not be liable for the Goods possessing specific characteristics or for the suitability of the delivered Goods for the purposes intended by the Buyer, unless the Seller has provided the Buyer with a written assurance that the Goods possess specific characteristics or are suitable for achieving the purposes intended by the Buyer.

§ 12 PERSONAL DATA PROTECTION

1. Detailed rules regarding the protection of personal data implemented by the Seller are available in the Privacy Policy section on the Seller’s Website.

§ 13 FINAL PROVISIONS

1. Disputes between the Seller and the Consumer shall be submitted to the court having territorial jurisdiction in accordance with the provisions of the Code of Civil Procedure.
2. In the event of a dispute between the Seller and the Consumer, the Consumer may also use out-of-court, amicable methods of handling complaints and pursuing claims (including mediation at Voivodeship Inspectorates of Trade Inspection, permanent amicable consumer courts operating at Voivodeship Inspectorates of Trade Inspection, or the possibility of initiating proceedings through the EU ODR platform, available at: https://ec.europa.eu/consumers/odr/).
3. The court having territorial jurisdiction over the Seller’s registered office shall have jurisdiction to resolve disputes between the Seller and an Entrepreneur.
4. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Consumer Rights Act and other applicable provisions of Polish law shall apply.
5. These GTC are made available on the Seller’s Website in a form enabling their reproduction, downloading, saving and printing.

Warsaw, 06.06.2024.