Terms of Service

Doctor Pods online store Terms of Service

§ 1 DEFINICJE

Working days - days from Monday to Friday except public holidays.
Consumer - consumer within the meaning of the Civil Code.
Account - regulated by separate regulations free-of-charge function of the Store (service provided electronically), through which the Buyer may set up his individual account in the Store.
Buyer - any entity purchasing from the Store.
Privileged buyer - Consumer or Business Privileged.
Privileged Entrepreneur - a natural person who enters into an agreement with the Seller directly related to its business activity, but which is not of a professional nature for it,
Terms of Service - these Term of Service.
Shop - Doctor Pods online store operated by the Seller at https://doctorpods.eu.
Seller - MACIEJ MAJCHRZAK, entrepreneur conducting business activity under the name of Allocacoc Polska Maciej Majchrzak Check It Group, entered in the Central Register of Business Activity and Information, maintained by the minister responsible for economy, VAT no. PL7792026058, REGON no. 361836227, os. Pod Lipami 104/22, 61-640 Poznań,

§ 2 CONTACT WITH THE SELLER

  1. Address for correspondence: 5B Poznańska St., 62-081 Przeźmierowo
  2. E-mail address: info@doctorpods.eu

§ 3 TECHNICAL REQUIREMENTS

  1. To properly use the Store, you need a device with Internet access and a web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.
  3. Technical Support: info@doctorpods.eu

§ 4 SHOPPING AT THE STORE

  1. This sale is a paid replacement of the original Apple AirPods wireless headphones sent by the buyerwith a battery in need of replacement for headphones with a previously replaced, working battery (hereinafter referred to as Goods).   
  2. The prices shown in the Store are the total prices for replacing the headphones.
  3. The Seller points out that the total price of the order consists of the price of the replacement headphones indicated in the Store and, if applicable, the delivery costs of the goods.
  4. The goods selected by the Buyer should be added to the shopping cart in the Store. Then Buyer chooses from the available in the store: the method of delivery of goods and method of payment for the order, and enter the data necessary to complete the order.
  5. An order is placed when the Buyer confirms its contents and accepts the Regulations.
  6. Placing an order is the same as concluding a contract between the Buyer and the Seller.
  7. The Seller shall provide the Priority Buyer with a confirmation of the conclusion of the contract on a durable medium no later than upon delivery of the goods.
  8. Buyers can register in the Store, i.e. create an Account, or make purchases without registration by providing their data for each order.

§ 5 PAYMENTS

  1. You may pay for your order, at the Buyer's option:
    1. by bank transfer to the Seller's bank account;
    2. using a payment card:
      • Visa,
      • Visa Electron,
      • MasterCard,
      • MasterCard Electronic,
      • Maestro.
    3. via a payment platform:
      • PayPal,
      • PayU.
  2. If the Buyer chooses to pay by bank transfer in advance, the order must be paid for within 7 working days of placing the order.
  3. The Seller informs that in case of some payment methods, due to their specificity, payment of the order by this method is possible only directly after placing the order.
  4. Buyer accepts the use of electronic invoices by Seller. Buyer has the right to withdraw his acceptance.

§ 6 ORDER EXECUTION

  1. The charging case for the headphones is not exchangeable.
  2. Only original headphones can be exchanged (headphones that do not form a pair /especially different models/ are not accepted). 
  3. We will not exchange unoriginal, damaged headphones (including those with inoperable speaker, microphone, bluetooth), flooded or having mechanical damage (except for normal signs of use).
  4. Seller is obliged to deliver goods without defects, subject to the fact that the subject of the contract is a used product, bearing possible traces of use.
  5. The lead time of the order is 3 working days, counting from the day when the Seller receives from the Buyer the headphones to be replaced.
  6. If the Buyer has chosen to pay by bank transfer in advance for the order, the Seller will proceed with the order after it has been paid and the headphones to be replaced have been collected.
  7. Goods are delivered exclusively within the European Union.
  8. Goods purchased in the Store are delivered depending on the method of delivery chosen by the Buyer:
    1. Through a courier company,
    2. To InPost parcel machines.
  9. The price of service includes the cost of work of the Seller's service technician, each time checking the headphones sent by the Buyer for their originality and efficiency. In the case of headphones sent by the Buyer that do not meet the requirements referred to in § 1.4 and § 6.3 Seller shall be entitled to claim from the Buyer payment of remuneration equivalent to the cost of testing of headphones not subject to replacement incurred by the Seller (at the rate of PLN 80 gross per hour of service technician work) and the cost of returning them to the Buyer (calculated at the current price list of the postal operator / courier company, through which the Buyer sent headphones to the Seller).

§ 7 RIGHT OF WITHDRAWAL

  1. A privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The withdrawal period expires after 14 days from the date:
    1. on which the Priority Buyer acquired possession of the goods or on which a third party other than the carrier and designated by the Priority Buyer acquired possession of the goods;
    2. on which the Priority Buyer has acquired possession of the last item or on which a third party, other than the carrier and indicated by the Priority Buyer, has acquired possession of the last item in the case of a contract involving the transfer of ownership of multiple items which are delivered separately.
  3. In order for a privileged Buyer to exercise his right of withdrawal he must inform the Seller, using the data specified in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information sent by e-mail).
  4. The privileged Buyer may use the model withdrawal form located at the end of the Regulations, but it is not mandatory.
  5. In order to comply with the withdrawal period, it is sufficient for the privileged Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.

    EFFECTS OF WITHDRAWAL
  6. In the case of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of goods (except for additional costs resulting from the chosen by the privileged Buyer method of delivery other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed about the decision of the privileged Buyer to exercise his right of withdrawal.
  7. The Seller shall refund the payment using the same means of payment used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in which case the Priority Buyer shall not incur any fees in connection with such refund.
  8. The seller may withhold reimbursement until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
  9. The Seller asks to return the goods to the address: Poznańska 5B Street, 62-081 Przeźmierowo immediately, and in any case not later than 14 days from the day on which the privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the priority buyer sends back the goods before the expiry of the 14-day period.
  10. Preferred Buyer shall bear the direct cost of returning the goods.
  11. In the event that a refund is required for a transaction made by a Preferred Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

For safety, health and hygiene reasons, the goods are delivered in sealed packaging. For the same reasons, if the package is opened after the delivery of the goods to the privileged Buyer, pursuant to Article 38(5) of the Consumer Rights Act of 30 May 2014, the privileged Buyer loses the right to withdraw from the contract concluded at a distance, as referred to in § 7 of the Regulations.

§ 9 COMPLAINTS

  1. In the case of a defect in the goods, the Consumer has the opportunity to claim for defective goods under the warranty or guarantee regulated in the Civil Code.
  2. Given that the subject of the exchange are used goods, Seller is not responsible for defects of goods resulting from their normal use. In other cases, the Seller's liability under warranty is limited to one year from the date of issue of goods to the Buyer.
  3. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
    1. make a statement about the price reduction,
    2. In the case of a material defect - make a statement of withdrawal from the contract,
    3. demand that the item be replaced with a defect-free item,
    4. demand removal of the defect.
  4. The Seller asks for submitting complaints on the basis of the warranty to the postal or electronic address specified in § 2 of the Terms and Conditions.
  5. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver the goods at the expense of the Seller, to the address: 5B Poznańska Street, 62-081 Przeźmierowo.
  6. Seller gives a 90-day warranty on the goods (counting from the date of shipment of the goods), the terms of which are available in the product description in the Store.  
  7. Complaints regarding the operation of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
  8. The complaint will be considered by the Seller within 14 days.

    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
  9. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
    1. mediation conducted by a competent regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. the assistance of a permanent amicable consumer court operating at the Provincial Trade Inspection Inspectorate, to which a petition for consideration of the case before the amicable court should be submitted. As a rule, proceedings are free of charge. The list of courts is available at https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from a municipal or district consumer ombudsman;
    4. ODR's online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. Administratorem danych osobowych przekazanych przez Kupującego podczas korzystania ze Sklepu jest Sprzedawca. Szczegółowe informacje dotyczące przetwarzania danych osobowych przez Sprzedawcę – w tym o pozostałych celach oraz podstawach przetwarzania danych, a także o odbiorcach danych – znajdują się w dostępnej w Sklepie Polityce prywatności – ze względu na zasadę przejrzystości zawartą w ogólnym rozporządzeniu Parlamentu Europejskiego i Rady (UE) o ochronie danych – „GDPR".
  2. The purpose of processing Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
    • contract or actions taken at the request of the Buyer aimed at concluding it (Article 6(1)(b) of the GDPR),
    • Seller's legal obligation relating to accounting (Article 6.1.c) and
    • legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary, but also necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
  4. Buyer Data provided in connection with purchases from the Store will be processed until:
    • the agreement concluded between the Buyer and the Seller shall cease to be effective;
    • the Seller shall cease to be legally obliged to process the Buyer's data;
    • the possibility of asserting claims by the Buyer or Seller, related to a contract concluded by the Store ceases;
    • the Buyer objects to the processing of his personal data - if the basis for data processing was the legitimate interest of the Seller
      - whichever is applicable in your case and whichever occurs latest.
  5. Buyer shall have the right to request:
    • access to your personal data,
    • it's correction,
    • removal,
    • restriction of processing,
    • transferring the data to another administrator,
      as well as the law:
    • to object at any time to the processing of data on grounds related to the Buyer's particular situation - to the processing of personal data concerning him, based on Article 6(1)(f) GDPR (i.e. on legitimate interests pursued by the controller).
  6. In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the ToS.
  7. If the Buyer believes that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 DISCLAIMERS

  1. It is prohibited for the Buyer to provide content of an unlawful nature.
  2. Each order placed at the Store constitutes a separate sales agreement and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of the order.
  3. Contracts concluded on the basis of the Regulations shall be concluded in the Polish or English language.
  4. In case of a possible dispute with a Buyer who is not a Priority Buyer, the competent court shall be the court having jurisdiction over the Seller's registered office.
  5. Any liability of Seller to a Buyer who is not a Priority Buyer, to the extent permitted by law, is excluded.
  6. Liability under the warranty in respect of the Preferred Trader and the Trader who is not granted consumer rights within the meaning of Article 221 of the Civil Code is excluded.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or Privileged Business may or may not use:

MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)

Allocacoc Poland Maciej Majchrzak Check It Group
5B Poznańska St., 62-081 Przeźmierowo
email address: info@doctorpods.eu

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) / provision of the following service(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

- Date of contract(*)/reception(*)

…………………………………………………………………………………………………………………………………………………………

- Name of Consumer(s)/Entrepreneur(s) privileged:

…………………………………………………………………………………………………………………………………………………………

- Name of Consumer(s)/Entrepreneur(s) privileged:

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of Consumer(s)/Entrepreneur(s) privileged
(only if the form is sent in hard copy)

Date ............................................

(*) Cross out if unnecessary.