Store Regulations

These Regulations set out the general terms and conditions, rules and manner of sales conducted by MCS Laboratory Sp. z o.o. via the online store www.mcslaboratory.com (hereinafter referred to as “Online Store”), as well as define the terms and conditions for MCS Laboratory Sp. z o.o. to provide free services electronically.

Definitions

1. Lowest Price – The lowest price at which the Goods were available in the Online Store in the last 30 days.
2. Standard Price – the first price of the Goods in effect at the time the Goods appear in the Online Store.
3. Promotional Price – the reduced price of the Goods applicable after the Seller announces the promotion.
4. Working days – means the days of the week from Monday to Friday, excluding public holidays.
5. Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
6. Supplier – means the courier company with which the Seller cooperates in making Delivery of Goods.
7. Password – means a sequence of letter, digital or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer’s Account in the Online Store.
8. Customer – means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
9. Consumer – means a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
10. Customer’s Account – means an individual panel for each Customer, launched for his/her benefit by the Seller, after the Customer registers and concludes a contract for the provision of the Customer’s Account service.
11. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting in its own name a business or professional activity and performing a legal action directly related to its business or professional activity.
12. Entrepreneur with the rights of a Consumer – means a natural person entering into a Sales Contract directly related to his/her business activity, when it follows from the content of the Sales Contract that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
13. Regulations – means these regulations.
14. Registration – means an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
15. Seller – means MCS Laboratory Sp. z o.o. with its seat in Sopot (81-868), 754 Niepodległości Avenue, NIP: 7162829910, KRS: 0000850806, e-mail: admin@mcslaboratory.com, which is also the owner of the Internet Shop.
16. Store Website – means the websites under which the Seller operates the Online Store, operating in the domain mcslaboratory.com
17. Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Contract.
18. Durable medium – means a material or tool that allows the Customer or Vendor to store information directed personally to the Customer, in a manner that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and that allows the reproduction of the stored information in an unchanged form.
19. Sales contract – means a contract of sale concluded remotely, under the terms of the Regulations, between the Customer and the Seller.

General provisions and use of the Online Store

1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logos posted on the Online Store Website belong to the Seller, and the use of the same may be made only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. The Seller will endeavor to make the use of the Online Store possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store’s Website are a web browser of at least Internet Explorer 11 or Edge 79 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or later, with Javascript enabled, accepting cookies, and an Internet connection of at least 256 kbit/s.
3. The Seller uses the mechanism of “cookies” files, which are saved by the Seller’s server on the hard drive of the Customer’s final device when the Customers use the Store’s Website. The use of “cookies” is aimed at the proper operation of the Store’s Website on Customers’ terminal devices. This mechanism does not damage the Customer’s final device and does not cause any configuration changes in the Customers’ final devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the web browser of his/her end device. The Seller points out that disabling “cookies” may, however, make it difficult or impossible to use the Store’s Website.
4. In order to place an order in the Online Store via the Website and to use the services available on the Store’s Websites, it is necessary for the Customer to have an active e-mail account.
5. It is forbidden for the Customer to provide unlawful content and for the Customer to use the Online Store, the Online Store Website or free services provided by the Seller, in a manner contrary to the law, good morals or violating the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers’ data by unauthorized persons, so Customers should use appropriate technical measures to minimize the aforementioned risks. In particular, they should use anti-virus and identity protection programs for Internet use. The Seller shall never ask the Customer to provide him with a Password in any form.
7. It is not permissible to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the interests of the Seller, i.e. advertising activities of another business or product; activities involving the posting of content unrelated to the business of the Seller; activities involving the posting of false or misleading content.
8. The vendor declares that it does not use an algorithm that adjusts prices based on automated decision-making.

Registration

1. In order to create a Customer Account, the Customer is required to make a free Registration.
2. Registration is not necessary to place an order on the Online Store.
3. For Registration, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function found in the registration form. During Registration, the Customer shall establish an individual Password.
4. When filling out the registration form, the customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form.
5. After submitting the completed registration form, the Client receives immediately, by e-mail to the e-mail address provided in the registration form, confirmation of the Registration by the Seller. From that moment, the agreement for electronic provision of the service of maintaining the Customer’s Account is concluded, and the Customer obtains the possibility to access the Customer’s Account and make changes to the data provided during Registration.

Orders

1. The information contained on the Store’s Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract.
2. The customer can place orders in the Online Store via the Store’s Website or e-mail 7 days a week, 24 hours a day.
3. The customer may place orders at the Online Store by telephone during the hours and days indicated on the Store’s Website.
4. A Customer placing an order via the Store’s Website, completes the order by selecting the Goods in which he/she is interested. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating in the “CART” the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the “Buy and pay” button on the Store’s Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
5. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Contract for the Goods that are the subject of the order.
6. Once the order is placed, the Seller sends a confirmation of the order to the e-mail address provided by the customer.
7. Subsequently, upon confirmation of the order placement, the Seller sends to the e-mail address provided by the Customer information on acceptance of the order for execution. The information on acceptance of the order for execution is the Seller’s statement of acceptance of the offer referred to in paragraph 6 above, and upon its receipt by the Client the Contract of Sale is concluded.
8. After the conclusion of the Sales Agreement, the Seller confirms the terms and conditions of the Agreement to the Customer by sending them in a durable medium, to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or order placement.

Payments

1. The prices on the Store’s Website posted next to a given Goods are gross prices and do not include information regarding delivery costs and any other costs that the customer will be required to pay in connection with the sales contract, which the customer will be informed about when selecting the delivery method and placing the order.
2. The customer may choose the following forms of payment for the ordered Goods:
   • payments available through an external payment system Tpay (Quick online transfers, BLIK) operated by the company Krajowy Integrator Płatności S.A. based in Poznań (in this case, order processing will begin after the Seller sends the Customer a confirmation of order acceptance and after the funds are credited to the Seller’s bank account),
3. The customer should make payment for the order in the amount of the concluded Sales Agreement within 7 Business Days.
4. In the event that the Customer fails to make payment within the time limit referred to in paragraph 3 of the Terms and Conditions, the Seller shall set an additional time limit for the Customer to make payment and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of the time limit, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiration of the second deadline for payment, the Seller shall send the Customer a statement of withdrawal from the contract on a Durable medium pursuant to Article 491 of the Civil Code.

Delivery

1. The Seller makes Delivery to all countries indicated in the ordering panel.
2. The Seller is obliged to deliver the Goods in accordance with the Sales Agreement.
3. The Seller shall post on the Store’s Website information about the number of Business Days required for Delivery and processing of the order.
4. The Delivery and Order Fulfillment Period indicated on the Store’s Website is calculated in Business Days in accordance with §5(2) of the Terms and Conditions.
5. The ordered Goods are delivered to the Customer via the Supplier at the address indicated in the order form. The Supplier is the courier company InPost.
6. On the day the Goods are shipped to the Customer, information confirming the dispatch of the shipment by the Seller is transmitted to the Customer’s e-mail address or in the form of a text message to the Customer’s phone number.
7. The Customer is obliged to examine the delivered shipment at the time and in the manner usual for shipments of a given type. If the shipment is found to be defective or damaged, the Customer has the right to demand that an employee of the Supplier write an appropriate protocol.
8. The seller declares that it is a VAT payer.
9. In the event of the Customer’s absence at the address specified by the Customer, given when placing the order as the Delivery address, an employee of the Supplier will leave an advice letter or attempt to contact the Customer by telephone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of Delivery.

Complaint procedure

1. If the Customer finds damage to the package during transport, it is required to draw up a damage report in the presence of the Supplier.
2. Any product purchased in the store may be complained about in accordance with the terms and conditions of complaint specified by the relevant provisions of law, if it has defects, constituting its non-compliance with the concluded contract of sale. Complaints can be filed by sending the goods back with a written description of the defect by registered mail or other form of delivery, to the address: MCS Laboratory Sp. z o.o., 754 Niepodległości Avenue, 81-868 Sopot, with the annotation: “Complaint”. Complaints may also be submitted by sending information to the e-mail address (shop@mcslaboratory.com). The Customer’s complaint should contain a short description of the complaint. The Store will make every effort to consider complaints as soon as possible, but no later than 14 days from the day the Store receives the complaint. The Customer will be notified, at the Customer’s choice, by telephone or by a message sent to the e-mail address indicated by the Customer, about the manner of processing the complaint.
3. If the complaint is accepted, the customer has the option to choose:
   • shipment of a new product at the Seller’s expense
   • refund (up to 7 working days, to the bank account number provided by the customer)

Withdrawal from the Sales Agreement

1. A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who has concluded a Sales Contract may withdraw from the Contract within 30 days without stating a reason.
2. The period for withdrawal from the Sales Contract shall begin from the moment the Consumer, the Entrepreneur with the rights of the Consumer or a third party other than the carrier designated by them takes possession of the Goods.
3. A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the Sales Contract by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the address of the Seller, i.e.: MCS Laboratory Sp. z o.o., 754 Niepodległości Avenue, 81-868 Sopot, or via e-mail to the Seller’s address, i.e.: shop@mcslaboratory.com. The statement can be submitted on a standard form of withdrawal from the sales contract. To meet the deadline it is sufficient to send the statement before its expiration.
4. In the event of withdrawal from the Sales Agreement, it is considered not concluded.
5. If the Consumer or Entrepreneur with the rights of the Consumer made a statement of withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases to be binding.
6. The Seller is obliged to return immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of the Consumer about withdrawal from the Sales Contract, all payments made by him, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with the rights of the Consumer. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur with the rights of the Consumer until receipt of the Goods back or delivery by the Consumer or Entrepreneur with the rights of the Consumer of proof of return of the Goods, whichever event occurs first.
7. If the Consumer or Entrepreneur with the rights of the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur with the rights of the Consumer for the additional costs incurred by him.
8. The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Contract. To meet the deadline it is sufficient to return the Goods to the Seller’s address before the expiration of this period.
9. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with the rights of a Consumer shall bear only the direct costs of return.
10. If, due to its nature, the Goods cannot be returned by mail in the usual manner, the Seller shall inform the Consumer and the Entrepreneur with the rights of the Consumer about the cost of returning the item on the Store’s Website.
11. The Consumer and the Entrepreneur with the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
12. The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or Entrepreneur with the rights of the Consumer expressly agreed to a different method of refund that does not involve any costs for him.
13. The right of withdrawal from the Contract of Sale does not apply to the Customer who is a Consumer with respect to the contract in which the subject of performance are things that, after delivery, due to their nature, are inseparably combined with other things.
14. The right of withdrawal from the Sales Contract does not apply to the Consumer and the Entrepreneur with the rights of the Consumer with respect to contracts in which the Goods are perishable or have a short shelf life.
15. The Entrepreneur with the authority of the Consumer declares in the form sent to the Seller that the Sales Agreement concluded with the Seller does not have for him a professional character arising, among other things, from the subject of his business activity.
16. The Seller has the right to withdraw from the Contract in relation to a Customer who is not a Consumer or an Entrepreneur with the rights of a Consumer within 14 calendar days from the date of conclusion of the Sales Contract. Withdrawal in this case may take place without giving any reason and may not give rise to any claims on the part of the Customer against the Seller.

Free services

1. The Seller provides to the Customers, by electronic means, free of charge services: Contact Form; Newsletter; Maintaining the Customer Account; Posting opinions
2. The services indicated in §10.1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
4. The Contact Form service involves sending a message to the Seller using a form on the Store’s Website.
5. Cancellation of the free Contact Form service, is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Newsletter service may be used by any Customer who enters his/her e-mail address, using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the Customer will immediately receive an activation link via e-mail to the e-mail address provided in the registration form to confirm subscription to the Newsletter. Upon activation of the link by the Customer, a contract for electronic provision of the Newsletter service is concluded.
7. Newsletter service consists in sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
8. Each Newsletter addressed to the Customers’ data includes, in particular: information about the sender, filled in field “subject”, specifying the content of the package and information about the possibility and manner of cancelling the free Newsletter service.
9. The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service.
10. The Customer Account Service is available after registration according to the rules described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Store’s Website, allowing the Customer to modify the data he/she provided during Registration, as well as to track the status of orders and the history of orders already completed.
11. A Customer who has registered may submit a request to the Vendor to remove the Customer’s Account, however, if the Vendor requests the removal of the Customer’s Account, it may be removed up to 14 days after the request.
12. The Opinion Posting Service consists of enabling the Seller, Customers with a Customer Account, to publish on the Store’s Website individual and subjective statements of the Customer regarding entries in the Blog section. The Customer’s statements can be both positive and negative for the Online Store and the Seller.
13. Cancellation of the Opinion Posting service is possible at any time and consists in the discontinuation of the Customer’s posting of content on the Store’s Website.
14. The Seller shall be entitled to block access to the Client’s Account and free services, in case of the Client’s actions to the detriment of the Seller, i.e. conducting advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting false or misleading content, as well as in the case of Client’s activity to the detriment of other Clients, violation of the law or provisions of the Terms and Conditions by the Client, and also when blocking access to the Client’s Account and free services is justified for security reasons – in particular: breaking security of the Store’s Website by the Client or other hacking activities. The blocking of access to the Customer’s Account and free services for the aforementioned reasons lasts for the period of time necessary to resolve the issue underlying the blocking of access to the Customer’s Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer’s Account and free services by e-mail to the address provided by the Customer in the registration form. Blocking access to the Client’s Account and free services is not possible if a registered Client who purchased the Goods in question has published a negative opinion about the Goods, the Online Store or the Seller.

Customer’s responsibility with respect to content posted by the customer

1. By posting content and making it available, the Customer is voluntarily distributing the content. The posted content does not express the views of the Vendor and should not be equated with its activities. The Vendor is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
2. The Customer declares that: he/she is entitled to use copyright, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content; the placement and provision of personal data, images and information concerning third parties as part of the services referred to in §10 of the Regulations took place legally, voluntarily and with the consent of the persons to whom they pertain; expresses consent to review of the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations; expresses consent to the development of works within the meaning of the Act on Copyright and Related Rights.
3. The Client shall not be entitled to: post, within the use of the services referred to in §10 of the Regulations, personal data of third parties and disseminate the image of third parties without the legally required permission or consent of the third party; post, within the use of the services referred to in §10 of the Regulations, content of an advertising and/or promotional nature.
4. The Seller shall be liable for the content posted by Customers, provided that it has received notification in accordance with §12 of the Terms and Conditions.
5. It is forbidden for the Customers, while using the services referred to in §10 of the Regulations, to post content that could, in particular: be posted in bad faith, e.g. with the intention to infringe personal rights of third parties; violate any rights of third parties, including rights related to the protection of copyright and related rights, the protection of industrial property rights, business secrets or having to do with confidentiality obligations; be offensive in nature or constitute a threat directed to other persons, contain vocabulary violating good morals (e.g. through the use of vulgarisms or expressions commonly recognized as offensive); be contrary to the interest of the Seller, i.e. constitute advertising materials of another entrepreneur or product; or be contrary to the interest of the Seller, i.e. be offensive in nature or constitute a threat directed to other persons. content that is contrary to the interests of the Seller, i.e. content advertising another entrepreneur or product; content that is not related to the business of the Seller; content that is false or misleading; content that is otherwise contrary to the provisions of the Rules and Regulations, good manners, applicable laws, social norms or customs.
6. In the event of receipt of a notification in accordance with §12 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by Customers as part of their use of the services referred to in §10 of the Terms and Conditions, in particular with regard to content which, based on reports from third parties or relevant authorities, has been found to be in violation of these Terms and Conditions or applicable laws.
7. The customer agrees that the Seller may use the content posted by the customer on the Store’s Website free of charge.

Reporting a threat or violation of rights

1. If the Customer or any other person or entity believes that the content published on the Store’s Website violates their rights, personal rights, good morals, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the Seller of the potential violation.
2. The Seller notified of a potential violation, shall take immediate action to remove from the Store’s Website, the content causing the violation.

Data protection

1. The principles of protection of Personal Data are posted in the Privacy Policy.

Termination of the contract (not applicable to Sales Agreements)

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 the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
2. A Customer who has made a Registration terminates the contract for the provision of services by electronic means, by sending to the Vendor an appropriate statement of intent, using any means of remote communication, allowing the Vendor to become acquainted with the Customer’s statement of intent.
3. The Seller shall terminate the contract for the provision of services by electronic means by sending to the Customer an appropriate statement of intent to the e-mail address provided by the Customer during Registration.

Final provisions

1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
2. The content of these Terms and Conditions may be recorded by printing, saving to a media or downloading at any time from the Store’s Website.
3. If a dispute arises on the basis of the concluded Sales Agreement, the parties will seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.
4. The Seller shall inform the Customer who is a Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform).
5. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution prior to the effective date of the new Regulations shall be executed on the basis of the Regulations that were in effect on the date the order was placed by the Customer. The amendment to the Terms and Conditions shall become effective within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the new Regulations come into effect about the change in the Regulations by means of a message sent via e-mail containing a link to the text of the amended Regulations. If the Client does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §14 of the Terms and Conditions.
6. Contracts with the Seller are concluded in the Polish language.
7. The regulations shall come into force on 21.11.2024.