Terms and conditions of the store
This section provides information on the terms and conditions of provision of service by StethoMe and requirements for provision of that service
TERMS AND CONDITIONS OF THE STORE:
§1. General provisions
§2. Terms and conditions of sale of the StethoMe electronic stethoscope
§3. Payment conditions
§5. Warranties provided at sale
§6. Complaint proceedings
§7. Extrajudicial consideration of complaints and claim pursuing
§8. Withdrawal from the contract
§9. Processing of data and cookie files
§10. Licence conditions regarding website content
§11. Conditions for content publication by users
§12. Requirements for validity of and changes to the terms and conditions
§13. Final provisions
§14. Definitions used in the terms and conditions
§1. General provisions
- The Seller sells the StethoMe electronic stethoscope in line with the Terms and Conditions and the provisions of the universally binding law.
- The Sale is provided through the website of the Online Service 24 hours a day, 7 days a week.
- The Seller provides access to these Terms and Conditions at the Online Service website and may attach them to e-mail messages that contain declarations of acceptance of offers of the Users. At any time, the Users may: gain access to, record, obtain, or view the Terms and Conditions by printing them or saving them on a data carrier.
- The information provided at the Online Service website does not constitute an offer of the Seller but only an invitation for the Users to submit contract conclusion offers.
- In order to take advantage of all the functions of the Online Service, the User needs to have at their disposal:
- an IT device with online access,
- an active and correctly configured e-mail account,
- access to the User Account.
- Using the Online Service may require the User to incur the costs of fees for online access and data transmission, to the extent established under the contract with the telecommunications operator providing its services to the User.
§2. Terms and conditions of sale of the StethoMe electronic stethoscope
- The object of contract for Sale of the StethoMe electronic stethoscope includes the Seller’s obligation to transfer the ownership of the stethoscope and to issue it, and the User’s obligation to collect the StethoMe electronic stethoscope and pay the Seller the price specified.
- The Seller reserves the right to carry out promotional campaigns consisting in particular in reducing the price of the stethoscope until a specific date or exhaustion of stocks.
- By concluding the Sale contract, the Seller undertakes to deliver a defect-free StethoMe electronic stethoscope to the User.
- The Contract for Sale is concluded as of the moment the Seller confirms accepting the User’s order.
- The StethoMe electronic stethoscope is issued within the time specified in the order.
- The StethoMe electronic stethoscope is issued as follows: in the event of the User choosing the option of Delivery through a Carrier, the stethoscope is delivered on business days to the address specified by the User.
- The detailed information with regard to the Delivery methods and Carriers available, and the costs related to the, are published at the Online Service website, and the User is notified of them during the order placement process.
- The StethoMe electronic stethoscope is issued not earlier than after the User makes the payment.
- The confirmation of issuance of the StethoMe electronic stethoscope to the Carrier for Delivery can be made by sending an e-mail message to the e-mail address of the User.
- The risk of accidental loss of or damage to the item is transferred to the Consumer as of the moment the item is issued to the Consumer.
- It is recommended for the package delivered to be inspected by the User in presence of the Carrier.
- In the event of finding any damage to the package, the User is entitled to demand an appropriate report to be prepared.
When purchasing the the StethoMe electronic stethoscope, the User purchases at the same time:
- full access to the StethoMe Mobile Application (Android and iOS),
- access to the analysis performed using the StethoMe AI artificial intelligence algorithms (storage and analysis of the results take place in the StethoMe Cloud),
- possibility of sharing results through the Application.
- By purchasing the StethoMe electronic stethoscope, the User obtains the licence for all the functions of the Application and the AI analysis, including the right to use them for an unlimited time for their own, non-commercial needs.
- The licence encompasses a single profile in the Application, through which the User can record the visits using the Application, perform examinations, store them in a cloud, carry out AI analysis, and share the results with a doctor.
- Using the Application requires having a registered account and signing in to the Application, as well as having technical devices or software specified in the information at the Online Service website.
- Orders can be placed through the Online Service website 7 days a week, 24 hours a day.
- When placing an order , the User enters or selects:
- settlement information,
- method and address of Delivery of the StethoMe electronic stethoscope,
- payment method.
- An order placement can be done by using the right button and is equivalent with the User offering the Seller to conclude a contract for Sale.
- Prior to sending the order form, the User should mark the appropriate check box in order to declare that they became familiar with the Terms and Conditions and accept the provisions thereof.
- The Seller shall notify the User immediately of the inability to accept the order in the event of appearance of any circumstances causing such an inability. Such a notification is provided by telephone or electronically. It may constitute rejecting the offer in whole or rejecting the offer in the part that is impossible to fulfil, resulting in recalculation of the order value.
- If the Seller accepts the User’s offer with reservation of the change referred to in the above item, this is understood as a new offer that has to be accepted by the User in order to conclude a contract for Sale.
- The Seller confirms accepting the order by sending an e-mail message immediately. Such a message contains the terms and conditions of the contract concluded between the parties, as well as the data entered by the User in the order form, in order to enable detecting any presumptive errors within it. In the event of such an error being detected, the User may notify the Seller of this fact by sending an e-mail message specifying the correct data.
- Confirmation of order acceptance is equivalent to the Seller accepting an offer to conclude a contract for Sale, extended by the User.
- After paying for the StethoMe electronic stethoscope, the User receives an e-mail message with a link that features an individual access code, which has to be opened in order to activate the Application. After signing in or signing up to the Application, the licence will be assigned to the User profile, enabling access to all the functions of the Application.
§4. Payment conditions
- The payment value is established on the basis of the price list available at the website of the Seller as of the moment of placing the order.
- The prices specified at the website of the Online Service are gross prices in GBP and include the VAT tax value.
- The total price of the order, visible prior to order confirmation, includes the price together with tax liabilities and any derivative costs, including, in particular, the transaction costs.
- The total price of the order is binding to the Seller and the User.
- The Seller enables the following methods of payment:
- by means of standard wire transfer to the bank account of the Seller with the following number: IBAN: PL28114010100000445674001014, SWIFT: BREXPLPWXXX,
using the external system of payments, operated by:
- PAYPAL POLSKA SP. Z O. O., ul. Emilii Plater 53, 00-113, Warszawa, Poland, NIP: 5252406419, KRS: 0000289372, REGON: 141108225.
- Stripe Payments Europe, Ltd., C/O A & L Goodbody, Ifsc, North Wall Quay, D01 H104, Dublin, Ireland, DUNS: 985420235.
- The User is obligated to make the payment:
- within 7 days – in case of choosing the standard wire transfer payment method,
- as of the moment of placing the order – in case of choosing the method of payment using the external system of payments.
- The payment is returned by the Seller immediately, not later than within 14 days from the date of occurrence of cause of such return, in the following cases:
- withdrawal from the Contract,
- the Seller recognising a claim encompassed by a complaint notification in whole or in part, on the basis of universally binding regulations.
- The payment is returned using the same payment method that the User employed in the original transaction, unless they consent to another solution that does not entail any additional costs to them.
- The Seller is not obligated to return any additional costs of Delivery incurred by the User if the User selected a Delivery method other than the least expensive, standard method of Delivery offered by the Seller.
- The object of this newsletter Service is a service provided by the Seller , consisting in sending commercial information to the e-mail address of the User.
- To order the newsletter Service, it is necessary to use the appropriate newsletter activation field in the registration form or in another form provided by the Seller at the Online Service website.
- The condition for correct ordering of the newsletter Service is provision of the User’s e-mail address. Provision of this data is voluntary, but necessary for the purposes of providing the Service and concluding a contract regarding it.
- Prior to sending the newsletter Service order form, the User may declare, by selecting the appropriate checkbox, that they grant consent to their personal data being processed for marketing purposes by the Seller.
- The Seller informs that the marketing purposes referred to above may encompass, in particular, commercial information being sent by the Seller using the contact data of the User. The consent referred to in the item above can be withdrawn at any moment.
- The newsletter Service order form is sent to the Seller using the functions of the Online Service and through it.
- The contract for provision of the newsletter Service is concluded for an unlimited time as of the moment of the Seller confirming the User’s subscription to the newsletter list.
- Termination of the contract for provision of the newsletter Service can be made without giving cause, at any time, in one of the following ways, among others: by using the functions of the Online Service, by using the function of unsubscribing via the deactivation link included in the newsletter message area, or by sending a declaration of the User regarding this matter to the Seller, e.g. in an e-mail message or in a letter.
§6. Warranties provided at sale
- The StethoMe electronic stethoscope may be encompassed by a warranty of the Seller, manufacturer, or distributor.
- The warranty is extended through making a warranty statement, specifying the obligations of the warrantor and the right of the User in the event of the stethoscope not featuring the properties specified in such a statement.
- Together with the stethoscope encompassed by warranty, the Seller issues a warranty document to the User.
§7. Complaint proceedings
- Complaints may be submitted under warranty, if granted, or under statutory warranty.
- In the event of the stethoscope being encompassed by a warranty, the User is entitled to submit a complaint regarding the stethoscope using their rights under that warranty by reporting a complaint through the Seller or directly to the warrantor. While the Consumer enforces their rights under the warranty, the run of the time for taking advantage of the rights under statutory warranty is suspended as of the day of notifying the Seller of the defect. This time resumes running from the day on which the warrantor refuses to perform their obligations under warranty or on which the time for performance of such obligations expires fruitlessly.
- The right to take advantage of the entitlements under the statutory warranty is available irrespective of any presumptive rights under the warranty. Taking advantage of any presumptive entitlements under warranty has no impact on the Seller’s liability under statutory warranty.
- A complaint can be reported by sending a letter to the postal address of the Seller or by sending an e-mail message to the address firstname.lastname@example.org. It can also be submitted using a form, the template of which constitutes an attachment to the Terms and Conditions. However, this is not obligatory.
- It is recommended to include the following information in the content of the complaint submitted:
- contact data to be used for the purposes of providing response to the complaint and sending correspondence related to it,
- number of the bank account to be used for reimbursing funds in the event of such a necessity appearing,
- problem description,
- identification data (first and last name / company name)
- address data to which the repaired stethoscope should be sent in the event of such a necessity appearing,
- evidence of purchase,
- declaration whether the complaint report is to be processed on the basis of warranty or statutory warranty.
- In the event of the complaint reported under statutory warranty regarding the StethoMe electronic stethoscope, the Consumer is obligated to deliver or send the stethoscope regarded by the complaint to the address of the Seller, at the Seller’s expense, for the purposes of consideration of the complaint by the Seller.
- The Seller considers the complaints
- within 14 days from the date of reporting the complaint,
- under presumptive warranty - within the period specified in the warranty terms and conditions.
- The Seller will notify the Consumer of the method of consideration of the complaint received:
- in case of a complaint under statutory warranty - electronically or via standard letter, depending on the decision of the Consumer or the complaint reporting method used by them,
- in case of a complaint received under presumptive warranty - in a manner specified in the warranty terms and conditions.
- In the event of the complaint under statutory warranty regarding an item that is subject to being sent to the Consumer after the complaint is considered, the Seller shall deliver or send the items indicated to the address of the Consumer.
- The funds related to a complaint under statutory warranty will be returned by means of transfer to a bank account or by means of a postal order, according to the wishes of the Consumer.
- The application of the right to statutory warranty is excluded in relation to those Users who are not Consumers.
§8. Extrajudicial consideration of complaints and claim pursuing
- A Consumer may take advantage of the following extrajudicial ways of complaint consideration and claim pursuing:
- filing an application for settlement of a dispute resulting from the contract concluded to a permanent consumer arbitration court operating at the Commercial Inspection, the address of which based on the jurisdiction can be established using the website of the Office of Competition and Consumer Protection, at the URL address https://www.uokik.gov.pl/wazne_adresy.php#faq596,
- filing an application for initiation of mediation proceedings regarding amicable conclusion of a dispute between the Consumer and the Seller to a provincial Commercial Inspection inspector, the address of whom based on the jurisdiction can be established using the website of the Office of Competition and Consumer Protection, at the URL address https://www.uokik.gov.pl/wazne_adresy.php#faq595,
- taking advantage of support from a district or municipal consumer ombudsman or a social organisation the statutory tasks of which include protection of consumers,
- submitting a complaint through the ODR online platform of the EU, available at the URL address http://ec.europa.eu/consumers/odr/, in line with the regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21st of May 2013 regarding the online system for settlement of consumer disputes and amending the regulation (EC) No. 2006/2004 and the Directive 2009/22/EC.
- The detailed information on the procedure of extrajudicial methods of settlement of complaints and pursuing claims, as well as the principles of access to these procedures are available at the seats and websites of the entities listed in Item 1.
- The list of entities and institutions that perform the tasks related to extrajudicial settlement of consumer disputes, as well as the detailed information regarding this matter, are available at the website of the Office of Competition and Consumer Protection, available at the URL address https://www.uokik.gov.pl.
§9. Withdrawal from the contract
- The Consumer may withdraw from the contract, including the contract for Sale, within 14 days, without giving cause, subject to the standards indicated in the content of instruction on withdrawal from the contract, attached to the Terms and Conditions.
- The period for withdrawing from the contract expires after 14 days from the date on which the Consumer obtained the item or on which a third party indicated by the Consumer obtained the item – in case of a contract obligating to transfer the ownership of such item.
- In order to comply with the deadline for withdrawing from the contract it is enough for the Consumer to send a notification that they enforce their right to withdraw from the contract prior to expiration of the deadline for withdrawal from the contract.
- In order to take advantage of the right to withdraw from the contract, the Consumers need to notify the Seller (StethoMe Sp. z o.o., ul. Winogrady 18a, 61-663 Poznań, email@example.com) of their decision to withdraw from the contract by means of a clear statement (e.g. by means of a letter sent by standard mail or e-mail).
- The Seller will reimburse immediately to the Consumer all the payments that it received from the Consumer, in any case not later than 14 days after the date on which the Seller was notified of the Consumer’s decision to enforce their right to withdraw from the contract.
- The Seller will reimburse the payment using the same payment method that was used by the Consumer in the original transaction, unless the Consumer gave clear consent to another solution. In any case, the Consumer will not incur any fees related to such a reimbursement.
- In the event of withdrawal from the contract, the contract is considered not concluded.
- If the Consumer made a declaration of withdrawal from the contract prior to the Seller accepting their offer, such an offer is longer binding.
§10. Processing of data and cookie files
§11. Licence conditions regarding Online Service content
- The Seller grants in aid of the Users using the Online Service a free-of-charge licence within the scope of own personal use and for the purposes of using the Online Service, subject to the conditions specified herein.
- The Online Service name, graphic design, and structure, the Online Service itself, the source code or compiled code of the Online Service, the web pages used for handling the Online Service, and all the documents elaborated by the Seller in relation to making the Online Service available, which includes related works, such as the Terms and Conditions and other documents or messages sent in relation to Contract for sale, constitute works within the meaning of provisions of the copyright law. The Seller does not transfer to the User any proprietary copyrights to the Online Service or any works constituting a part of it, nor any rights to grant permission regarding disposal of proprietary copyrights to these works or to the Online Service and using them, or regarding exercising other related rights that are not stipulated in the licence terms and conditions.
- The right to use the Online Service and related works is binding within the following fields of use: saving and restoring within the memory of a telecommunications device at the time and place of one’s choice and accessing and displaying using a telecommunications device at the time and place of one’s choice.
- The User may not: rent, lease, or resell any works or any part of them, create derivative works on the basis of works, make changes to works, remove information on property rights or copyrights that may appear within the works, use the works for purposes violating the binding provisions of the common law or the ethical and moral standards.
- The licence is unlimited in time and territory and non-exclusive and is binding in relation to the whole Online Service and works related to it. The Seller retains the exclusive rights to decide on maintaining the integrity of the Online Service.
§12. Conditions for content publication by users
- When publishing any content in the Online Service, the User grants in aid of the Seller a free-of-charge, unlimited in time and territory, and non-exclusive licence within the scope of using such content within the following fields of use: publication within the Online Service website saving and restoring within the memory of a telecommunications device at the time and place of one’s choice, and accessing and displaying using a telecommunications device at the time and place of one’s choice, with retaining the right to grant sublicenses, in order to make it possible for the Users to use the Online Service.
- When publishing a reference to another website in the Online Service, through either linking or embedding, the User should familiarise themselves with the legal documentation of such a website and the licence terms and conditions regarding using the works published within it in order to establish whether the documents listed above authorise the User to publish a reference within the Online Service, in line with provisions of the Terms and Conditions.
- When publishing a reference to a work published at another website in the Online Service by means of embedding, the User should make sure that such a work is publicly available without limitations and that the access to it does not require any signing in, subscription, or payment.
- When publishing content or a reference to another website in the Online Service, where such content or reference features the images of third persons whose consent is required for publication, the User should make sure that these persons consented to it.
- The User acknowledges that it is forbidden to provide to the Online Service, or through the Online Service, any content that is:
- misleading to other Users,
- violating the personal rights of the Users, the Seller, or third parties,
- universally considered offensive, vulgar, or violating common decency, including, in particular: pornographic content, content that promotes drug use or alcohol abuse, content that incites racism, xenophobia, or hate-mongering.
- The Seller is entitled to remove or moderate any content that violates the provisions of the Terms and Conditions or the provisions of the universally binding law.
§13. Requirements for validity of and changes to the terms and conditions
- The Terms and Conditions come into force within 3 days after they are published at the Online Service website.
- A change in the Terms and Conditions or termination of the contract for Sale by the Seller may take place as a result of changes in the law regarding the object of the provisions included in the Terms and Conditions, or as a result of technical or organisational changes regarding the products provided by the Seller, and in particular in the following circumstances:
- a change within the scope of functioning of products or functions offered by theSeller, including removal of a product or function to which the provisions of these Terms and Conditions apply,
- the Seller introducing new products or functions, to which the provisions of the Terms and Conditions will apply,
- a change in IT systems used by the Seller, to which the provisions of the Terms and Conditions apply,
- a change in provisions of the law that regulate the products offered by the Seller to which the provisions of the Terms and Conditions apply, or that have impact on delivery of the products, performance of the contract, or implementation of the Terms and Conditions, a change in tax regulations or accounting principles applied by the Seller, a change in or issuance of new court decisions, decisions of administrative bodies, recommendations or guidelines of authorised bodies, including the President of the Office of Competition and Consumer Protection or the Competition and Consumer Protection Court – within the scope related to delivery of the products, performance of the contract, or implementation of the Terms and Conditions,
- a change in the business model of the activity carried out, encompassed by these Terms and Conditions, performed by the Seller.
- A change to the Terms and Conditions takes place through publication of their new content at the Online Service website.
- The Seller publishes the information on a change to the Terms and Conditions within the Online Service website, not later than 3 days before the date on which their new wording comes into force. The publication of this information takes place by making the uniform text of the Terms and Conditions available at the Online Service website.
§14. Final provisions
- The meaning of capitalised notions is consistent with the explanations included in the part describing the definitions used in the Terms and Conditions.
- The Seller is not liable for the following:
- interruptions in correct functioning of the Online Service or improper provision of Sale caused by Force Majeure, in relation to Users who are not Consumers,
- interruptions in correct functioning of the Online Service or improper provision of Sale in aid of Users who are not Consumers, caused by technical activities or a cause lying on the part of the entities employed by the Seller for the purposes of providing the Sale
- profits lost by Users who are not Consumers.
- In the event it is impossible to settle amicably a dispute between the Seller and a User who is not a Consumer or is a Consumer without residence on the territory of the Republic of Poland - in case when such a possibility is allowed by provisions of the law of their country - the court having jurisdiction for settling the dispute shall be the court having jurisdiction over the seat of the Seller.
- In relation to Users who are not Consumers or who are Consumer without residence on the territory of the Republic of Poland, in case when the provisions of the law of their country allow it, the law governing the performance of the contract concluded with the Seller and the settlement of disputes related to that contract shall be the law of the Republic of Poland.
- The provisions of the Terms and Conditions are not intended to exclude or limit the rights of the User who is a Consumer resulting from provisions of the local universally binding law.
- In relation to the contracts concluded with the Seller in case of any conflict between the Terms and Conditions and the provisions of the universally binding law of the Consumer’s country, the latter shall apply.
- In the event of the provisions of the Terms and Conditions turning out invalid or ineffective, such circumstances do not have an impact on validity and effectiveness of the remaining provisions of the Terms and Conditions. Instead of the invalid or ineffective provisions, a standard corresponding to what the parties agreed upon or what they would have agreed upon if such a provision were included in the Terms and Conditions shall be binding.
§15. Definitions used in the Terms and Conditions
Application is the certified StethoMe mobile application. The functions in the Application that regard determining the intensity of wheezes and rhonchi in the respiratory system (the asthma module) are in a test version, without certification.
Business days mean days of the week from Monday to Friday, except for legal holidays.
Delivery means the process of delivering the stethoscope to the User, to the destination that the User indicated, carried out through a Carrier.
Consumer is a User who is a natural person and concludes the contract for a purpose that is not related directly to the business or professional activity that such a User is running.
Carrier is an entity providing the stethoscope Delivery services in cooperation with the Seller.
Terms and Conditions are these contractual terms and conditions, the object of which is the sale of the StethoMe electronic stethoscope by the Seller in aid of the Users, through the Online Service.
Online Service is the online service operated by the Seller through the website available online at the URL address: shop.stethome.com.
Sale is a sale of the StethoMe electronic stethoscope by the Seller in aid of the User, the object of which is the obligation of the Seller to transfer the ownership of the stethoscope to the User and to issue it, and the User’s obligation to collect the stethoscope and pay the price specified to the , . The contract of Sale is concluded between the parties through the Online Service, within the framework of an organised remote contract conclusion system that does not require physical presence of the parties.
Seller is the StethoMe Sp. z o.o. company having its seat in Poznań (61-663) at the address ul. Winogrady 18a, entered into the Entrepreneur Register of National Court Register (KRS) under KRS number: 0000558650, NIP (tax identification number): 7831726542, REGON (business register number): 361535342, who is the seller, the administrator, and the owner of the Online Service. The Seller can be contracted using the e-mail address: firstname.lastname@example.org / email@example.com.
User is a natural person, provided that they have full legal capacity, or limited legal capacity in cases regulated under the universally binding law or on condition of having the consent of their statutory representative, as well as a legal person or an organisational unit without legal personality, in aid of which the provisions of the universally binding law grant legal capacity, and who concludes a contract for the sale of the StethoMe electronic stethoscope with the Seller.
Version 1.1v .27.07.2021