| TERMS AND CONDITIONS | ||||||||||
| 1. | The Regulations define the general terms, conditions, rules and form of sales by EXPLORNA THERAPEUTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw, Poland through the online shop explorna.com (hereinafter referred to as the “Online Shop“) and define the rules and conditions for provision of free services by electronic means by EXPLORNA THERAPEUTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw, Poland. | |||||||||
| Article 1 – Definitions | ||||||||||
| 1. | Working days – mean weekdays from Monday to Friday excluding public holidays in Poland. | |||||||||
| 2. | Delivery – means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order. | |||||||||
| 3. | Supplier – means a courier company with which the Seller cooperates in the Delivery of Products. | |||||||||
| 4. | Password – means a sequence of letters, digits, or other characters selected by the Customer during Registration in the Online Shop, used to secure access to the Customer Account in the Online Shop. | |||||||||
| 5. | Customer – means an entity to the benefit of which services may be provided by electronic means in accordance with the Rules and Regulations or with which a Contract of Sale may be concluded. | |||||||||
| 6. | Customer Account – means an individual panel for each Customer, established by the Seller after the Customer registration and conclusion of the contract for provision of the Customer Account service. | |||||||||
| 7. | Entrepreneur– means a natural person, a legal person, or an organisational unit other than a legal person to which legal capacity is granted by law; such a person shall carry out in its own an economic or professional activity and perform a legal action directly related to its economic or professional activity. | |||||||||
| 8. | Regulations – mean these regulations. | |||||||||
| 9. | Registration – means a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the Online Shop. | |||||||||
| 10. | Seller – means EXPLORNA THERAPEUTICS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in Warsaw (02-089), ul. Żwirki i Wigury 93/2157, NIP (Tax ID. No.): PL7010925631, REGON (National Business Registry No.): 383377311, entered in the Register of Entrepreneurs kept by the District Court for the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the KRS number 0000786638, with share capital in the amount of 9.100 PLN; e-mail: info@explorna.com, and at the same time the owner of the Online Shop. | |||||||||
| 11. | Shop Website – means web pages, under which the Seller runs the Online Shop, operating in the explorna.com domain. | |||||||||
| 12. | Product – means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale. | |||||||||
| 13. | Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored. | |||||||||
| 14. | Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller. | |||||||||
| Article 2 – General provisions and use of the Online Shop | ||||||||||
| 1. | Shop Website include a Web browser not older than the following versions: Microsoft Edge 121, Chrome 120, FireFox 122, Opera 106, or Safari 17.3 or newer versions, with enabled support of Javascript, acceptance of cookies, and an Internet connection with a capacity of at least 256 kbit/s. The Shop Website is optimised for the minimum screen resolution of 1024×768 pixels. | |||||||||
| 2. | The Seller applies a mechanism of cookies, which – when the Customers use the Shop Website – are stored by the Seller’s server on the hard disk of a Customer’s terminal device(s). The use of “cookies” is intended to ensure correct operation of the Shop Website by the Customer’s terminal device(s). This mechanism does not destroy the Customer’s terminal device(s) and does not change the configuration of the Customer’s terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website. | |||||||||
| 3. | To place an order in the Online Shop via the Shop Website and to take advantage of the Services available at the Shop Website, the Customer must have an active e-mail account. | |||||||||
| 4. | The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or the violating personal rights of third parties. | |||||||||
| 5. | The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customer should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting the identity of the Internet Users. The Seller shall never ask the Customer to provide him with access to the password in any form. | |||||||||
| 6. | It is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would violate the interest of the Seller, i.e. advertising activities of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting false or misleading content. | |||||||||
| Article 3 – Registration | ||||||||||
| 1. | To create a Customer Account, the Customer must make a free Registration. | |||||||||
| 2. | The Registration is not necessary to place an order in the Online Shop. | |||||||||
| 3. | In order to register, the Customer must check ‘Create an account…’ option when filling the order form provided by the Seller at the Shop Website and complete the order. Following the order placement a separate e-mail will be sent to the Customer with a link to establish an individual Password. | |||||||||
| 4. | While filling out the registration form the Customer is given the opportunity to read the Regulations, accepting the contents thereof by marking a relevant field in the form. | |||||||||
| 5. | After the Client submits the completed registration form, the Client Account is activated. | |||||||||
| Article 4 – Orders | ||||||||||
| 1. | The Customer may place orders in the Online shop via the Shop Website on a 24-hour/7-day-a-week basis. | |||||||||
| 2. | The Customer placing an order via the Shop Website compiles the order by selecting the desired Products. The Products are added to the order by selecting the ADD TO CART button under a given Product presented on the Shop Website. After compiling the whole order and identifying in the “CART” the manner of the Delivery and the form of payment, the Customer shall place the order by sending an order form to the Seller, selecting on the Shop Website the “ORDER AND PAY” button. Each time before sending the order to the Seller, the Customer is informed about the total price for selected Products and the Delivery, as well as about any additional costs the Customer is obliged to incur under the Contract of Sale. | |||||||||
| 3. | Placing an order means an offer of the Customer to the Seller to enter into a Contract of Sale of Products covered by the order. | |||||||||
| 4. | After placing an order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for processing. The information on the acceptance of the order for execution is the Seller’s statement on the acceptance of the offer referred to above and upon its receipt by the Customer, the Sales Agreement is concluded. | |||||||||
| Article 5 – Payments | ||||||||||
| 1. | Prices on the Shop Website presented next to a given Product are gross prices and do not include information regarding the costs of the Delivery and any other costs which the Customer will be obliged to pay under the Contract of Sale, about which the Customer will be informed when selecting the method of the Delivery and updating VAT ID/Tax ID field upon placing an order. | |||||||||
| 2. | The Customer may choose the following forms of payment for ordered Products: | |||||||||
| a) | payment card or bank transfer via an external payment system Stripe, operated by Stripe Inc. with its registered office in San Francisco, California (in such a case execution of the order shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and after receipt of information from the Stripe system about successful completion of payment). | |||||||||
| Article 6 – Delivery | ||||||||||
| 1. | The Seller carries out the Delivery according to specified delivery address. | |||||||||
| 2. | The Seller shall deliver the Products constituting the subject of the Contract without defects. | |||||||||
| 3. | The Seller shall publish on the Shop Website information on the number of Working Days needed to execute the Delivery and fulfil the order. | |||||||||
| 4. | The deadline for the Delivery and execution of the order specified on the Shop Website shall be calculated in the Working Days in accordance with Article 5.2. | |||||||||
| 5. | Ordered Product(s) shall be delivered to the Customer through the Supplier, to the address indicated on the order form. | |||||||||
| 6. | On the day of Products dispatch to the Customer the Seller shall confirm the shipment by e-mail to the Customer. | |||||||||
| 7. | The Customer shall examine the delivered Product(s) in the customary time and manner for shipments of that type in the presence of the Supplier’s employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Supplier’s employee to draw up a relevant report. | |||||||||
| 8. | The Customer is also obliged to place the contents of the package in appropriate storage conditions in accordance with the product description. | |||||||||
| 9. | The Seller shall send to the Customer’s e-mail address provided in the registration form a VAT invoice covering the delivered Product(s) in the form of an electronic file in PDF format. To open the file the Customer should have free software compatible with PDF format. For this purpose the Seller recommends the Adobe Acrobat Reader programme, which may be downloaded free of charge at https://www.adobe.com | |||||||||
| Article 7 – Statutory warranty for entrepreneurs | ||||||||||
| 1. | Seller in relation to the Entrepreneurs disclaims liability for implied warranty. | |||||||||
| 2. | The Customer may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in an electronic form to the address info@explorna.com. In the complaint the Customer shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and respond to the Customer. | |||||||||
| 3. | The Client who is an Entrepreneur does not have the right to withdraw from the agreement. | |||||||||
| Article 8 – Guarantee | ||||||||||
| 1. | The Products sold by the Seller may be covered by a guarantee granted by the producer or distributor of the Products. | |||||||||
| Article 9 – Free Services | ||||||||||
| 1. | The Seller renders the following free electronic services to Customers: | |||||||||
| a) | Contact Form; | |||||||||
| b) | Newsletter; | |||||||||
| c) | Customer Account service. | |||||||||
| 2. | The services specified in Article 9.1 above shall be provided 24 hours a day, 7 days a week. | |||||||||
| 3. | The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations. | |||||||||
| 4. | The service: Contact Form means sending a message via the form available at the Shop Website to the Seller. | |||||||||
| 5. | It is possible to unsubscribe from the free service Contact Form at any time by discontinuing sending enquiries to the Seller. | |||||||||
| 6. | The Newsletter service shall be available to every Customer who enters his/her e-mail address by means of the registration form made available via the Website by the Seller. After sending the completed registration form, the Customer shall promptly receive the Seller’s confirmation by e-mail, to the address provided in the registration form. At that time the contract for the provision of electronic Newsletter services is concluded. | |||||||||
| 7. | The Newsletter is a service thanks to which the Seller is sending information by electronic mail, about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all Customers who have subscribed. | |||||||||
| 8. | Every Newsletter addressed to given Customers shall include, in particular: information about the sender, completed field “subject” specifying the content and information about the possibility and manner of unsubscribing from the free service Newsletter. | |||||||||
| 9. | The Customer may at any time resign from receiving the Newsletter by opting out of the subscription using a link contained in each e-mail sent under the Newsletter service, or by activating a relevant box in the Customer Account. | |||||||||
| 10. | The Customer Account service is available after the Registration on terms described in the Regulations and consists of making available to the Customer a dedicated panel within the Shop Website enabling the Customer to modify data provided upon the Registration, as well as to track the status of orders and history of already fulfilled orders. | |||||||||
| 11. | The Customer who made the Registration may submit to the Service Provider a request for deletion of the Customer Account wherefore in the event of submission to the Service Provider of a request for deletion of the Customer Account, such account may be deleted not later than within 14 days from submission of the demand. | |||||||||
| 12. | The Seller shall be entitled to block access to the Customer account and to free services in the event if the Customer acts to the detriment of the Seller or other Customers, breaches the law or the Regulations, as well as if blocking access to Customer Account and free services is justified on grounds of safety – in particular: overcoming by the Customer securities of the Shop Website or other hacking activities. Blocking access to the Customer Account and free services for the mentioned reasons shall last for a period necessary to resolve issues giving rise to blocking access. The Seller shall notify the Customer of blocking access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form. | |||||||||
| Article 10 – Personal data protection | ||||||||||
| 1. | The rules for the Personal Data protection are set out in the Privacy Policy. | |||||||||
| Article 11 – Termination of the contract (not applicable to Contracts of Sale) | ||||||||||
| 1. | Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned agreement and the provisions below. | |||||||||
| 2. | The Customer, who has registered, may terminate the contract for the provision of electronic services by demanding the Seller to remove the Customer Account, using any means of distance communication, allowing the Seller to become acquainted with the Customer’s declaration of intent. | |||||||||
| 3. | The Seller may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration. | |||||||||
| Article 12 – Final provisions | ||||||||||
| 1. | The contents of these Regulations may be recorded by being printed, copied to a storage device or downloaded at any time from the Shop Website. | |||||||||
| 2. | In the event of a dispute related to the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Regulations. | |||||||||
| 3. | The Seller reserves the right to amend these Regulations. All orders accepted by the Seller prior to entry into force of the new Regulations shall be delivered based on the Regulations in force at the date of placing the order by the Customer. The amended Regulations shall enter into force within 7 days from the date of publication thereof on the Shop Website. The Seller shall inform the Customer 7 days before entry into force of the new Regulations about the amendment to the Regulations by email, including a link to the contents of the amended Regulations. If the Customer does not accept the new contents of the Regulations, the Customer shall notify the Seller about this fact, which shall result in termination of the contract in accordance with the provisions of article Article 11. | |||||||||
| 4. | Agreements with the Seller are concluded in English. | |||||||||
| 5. | The Regulations shall come into force on 28.04.2025. | |||||||||
