Terms & Conditions

Terms & Conditions

(valid from 01/20/2021)

These regulations (hereinafter: “Regulations”) set out the terms and conditions for the use of the website https://eftesty.pl/ where an online store is operated offering laboratory testing products and services.

The Regulations also set out the rules and conditions for making purchases in our online store, through the aforementioned website, as well as the complaint procedure.

If you have any questions or concerns regarding the use of the online store or related to making purchases through this platform, contact us by e-mail at: Monika.Walkowiak@ftcee.eurofins.com or by phone: +48 55 272 04 73 

1. Definitions

As defined herein:

1. Customer – a person making or intending to make purchases in the Store via the Website, being a professional user within the meaning of Article 2 item 26 of the Act. Customers may not be consumers within the meaning of Article 221 of the Civil Code, i.e. natural persons who perform an action that is not directly related to their business or professional activity, and entrepreneurs, if the action is not related to their professional activity; The Store is available for users of legal age;
2. Product – an item or a service available in the Store's offer, the subject of the Sales Agreement;
3. Store – an online store operated by the Company on the Website, offering the sale of products or services;
4. Website – the website owned by the Store Owner to which these Regulations apply;
5. Agreement – an agreement for the sale of a Product, available in the Store, concluded between the Customer and the Company through the Website;
6. Service – a service provided electronically by the Company to the Customer through the Website;
7. Act - the Act of May 20, 2010 on Medical Devices, Journal of Laws 2020.186, dated 2020/02/06, as amended.
8. Owner of the Online Store (also referred to as the “Company”) – Eurofins Polska Sp. z o.o. with its registered office in Malbork (82-200), Al. Wojska Polskiego 90 a, entered in the Register of Entrepreneurs kept by the District Court in Gdańsk, 7th Commercial Department of the National Court Register under the number KRS0000162793, with a share capital of PLN 1,680,000.000, Tax Identification Number (NIP): 579 20 00 046, Statistical Identification Number (REGON): 192897343, which is the Controller of the personal data processed in connection with the use of the Website.

2. General terms and conditions for making purchases and using the Store

1. By entering into an Agreement with the Company, via the Website, the Customer accepts all provisions of the Regulations without reservation. In order to make purchases in the Store, the Customer is not required to have an account in the Store.
2. Acceptance of the Regulations is tantamount to the Customer's statement of acceptance of the general terms and conditions of sale located at https://cdnmedia.eurofins.com/european-east/media/1506166/og%C3%B3lne_warunki_sprzeda%C5%BCy.pdf 
3. In order to conclude the Agreement, the Customer is obliged to open the Online Store Website, make a selection of Products, form of payment and delivery based on the displayed messages, and then confirm the conclusion of the transaction through the button available on the Order summary page, where the ordered Products and their total gross price including shipping (delivery) charges, as well as the selected form of payment shall be specified.
4. The Customer, concluding the Agreement for the purchase of Products, is obliged in particular to provide their correct data (in particular, identification, contact and correspondence data), as well as to make a prudent decision on placing an order in the Store, in particular on the selection of the Product.
5. The Agreement between the Company and the Customer is concluded when the conclusion of the transaction is confirmed by a special button confirming the placement of the order and the Customer's willingness to make the related payment.
6. The conclusion of the Agreement is possible without territorial restrictions on the territory of Poland, unless the delivery of the Product to the place indicated by the Customer is impossible through the entities providing professional delivery services with which the Company works, or the Company, due to technical problems, decides that it does not deliver Products to entities from a specific location / geographical area.
7. Prices of Products indicated on the Website do not constitute an offer within the meaning of the Civil Code, but only information about the possibility of concluding an Agreement. The price of the Product shown on the Website is binding at the time the Customer places an order. This price is not subject to change regardless of price changes in the Store.
8. Users of the Website are obliged to:

1. use it in a manner consistent with generally applicable laws, rules of social coexistence and good morals;
2. refrain from posting any unlawful content on the Website;
3. refrain from taking actions that may impede the use of the Website by other users or violate their privacy;
4. respect copyright and rights under registration of inventions, patents, trademarks, utility and industrial designs of the Company and other entities, with respect to the content of the Website, including the Products offered on it.

3. Payment and delivery methods:

1. The Company supports the following payment methods:
1. payment through the payment operator Autopay SA (fast transfer or by a payment card) 
2. The seller shall refund the payment using the same payment methods used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees otherwise, in any case the privileged Buyer shall not incur any fees in connection with this refund.
3. Order processing time is the time that elapses from the time the payment for the placed order is credited and the sample for testing is received in the laboratory until the result or goods ordered from the Store are shipped. The standard order processing time is up to 10 working days, with the proviso that the time may be longer for some services. The maximum order processing time is 20 working days and the Customer is informed about it at the ordering stage.
4. The Company allows the following methods of delivery of the Product: through a courier company or delivery of samples by the customer. 
5. The delivery costs of the Product shall be covered by the Customer, paying for the delivery together with the payment of the price for the Product to the Company. In connection with the conclusion of the Agreement, the Company shall issue a VAT invoice to the Customer, including the selling price and the cost of delivery that shall be delivered to the Customer together with the Product.
6. The delivery time of the Product depends on the selected method of delivery and is made under the terms and conditions and at the time specified in the regulations of a given supplier.
7. When making delivery through a courier company, the Company is responsible only for erroneous choices. In particular, the Company shall not be liable for non-performance or improper performance of the courier service, as long as it has entrusted the performance of the activity to a professional entity. As soon as the Company delivers the goods to the courier service representative, the benefits and burdens of the goods and the danger of accidental loss or damage to the goods are transferred to the Customer. The Company in such a case shall not be liable for loss, depreciation or damage to the goods occurring from acceptance for transportation until delivery to the Customer, as well as for delay in transportation of the shipment.
8. If the goods are sent to the Customer through a courier service, the Customer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If the Customer finds that there was a loss or damage to the goods during transportation, the Customer is obliged to perform all actions necessary to determine the responsibility of the courier company.
9. The Owner of the Store reserves the right to dispose of samples if the order is not paid for within 14 days of the order.

4. Complaints and returns

1. The Company undertakes to provide Customers with Products free from physical and legal defects. In transactions for which these Regulations apply, the application of Articles 556-576 of the Civil Code concerning warranty for defects is excluded.
2. The liability of the Company for non-performance or improper performance of an obligation shall be limited only to actual damage, excluding lost profits. The Company's liability is limited to the amount of the price of the goods paid by the Customer to the Company.
3. If the manufacturer of a Product covered by an Agreement concluded under the Regulations has provided a guarantee for the products it manufactures, the Customer shall be entitled to all rights under the guarantee statement. The Company does not provide a guarantee on its own.
4. Complaints related to the provision of Services, Electronic Services and Products should be addressed to the e-mail address reklamacje@ftcee.eurofins.com with a detailed description of the reported irregularities. Such complaint shall be considered by us immediately, no later than within 14 days. The customer shall receive a response in the form of an e-mail, sent to the address from which the complaint notification was made.
5. The customer has the right to withdraw from the agreement concluded remotely without giving any reason within 14 days from the date of conclusion of the agreement, in accordance with Article 27 of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827). It should be noted that certain services may be excluded from the right of withdrawal in accordance with Article 38 of the same Act, of which the Customer shall be informed before concluding the agreement. To exercise this right, the Customer should send a clear statement of withdrawal from the agreement to the e-mail address: reklamacje@eurofins.com. To meet the deadline it is sufficient to send the statement before its expiration.
6. In the case of purchase of the Services, the Customer has the option to cancel the performance of the services and may withdraw from the agreement in the period before the performance of the services begins.
7. All payment refunds are made electronically. The same method of payment used by the customer is used for returns.
8. Any payment refunds may be reduced by the commission charged by Shoper S.A., the company providing the store's software, when concluding the transaction. 

5. Technical conditions of use of the Website and Store

1. In order to use the Website and the Shop, it is necessary to meet the following technical requirements together:

1. access to a device capable of browsing the Web;
2. active connection of the device referred to in the item above with the Internet;
3. a standard operating system properly installed on the device referred to in the item above;
4. a properly installed Internet browser on the device referred to in the item above that allows hypertext (HTML) documents linked on the Internet to be displayed on the screen of that device via a Web-based network service;
5. Java Script support enabled in the web browser in use, referred to in item above;
6. Adobe Flash Player computer software version 9.0 or later properly installed on the device referred to in the item above.

1. For valid reasons, in particular the need to carry out periodic technical or maintenance work, the Company may from time to time disable access to the Website for users. Accordingly, some or all of the functionality of the Website may be temporarily unavailable, for the time necessary for the Company to perform the aforementioned activities, without prior notice to users. The Company undertakes to use its best efforts to make such hindrances as rare or as short as possible.
2. Services shall be provided in the Polish language. The Polish language shall also be applicable to the Agreement, Regulations and statements of the parties.

6. Privacy Policy

1. The Controller of the data, provided by the Customer in the course of providing Services by the Store, is the Company.
2. The data shall be processed for the execution of the Agreement by the Company, the fulfillment of other legally justified objectives of the Controller, and for the objectives to which the User consents (including marketing purposes).
3. Detailed rules for the processing of personal data and the use of cookies, as well as the Customer's rights in connection with the use of the Store are described in the privacy policy and the use of cookies of the Website https://eftesty.pl/en_US/i/Privacy-Policy/19 .

7. Intellectual property

1. The content, services and Products posted on the Website are legally protected in various ways (depending on the type of protected asset) and enjoy protection as, for example: copyrights, trademarks,                 industrial design, patents or as trade secrets.
2. The user of the Website is obligated to absolutely respect the aforementioned intellectual property rights belonging to the Company and other entities (including manufacturers and suppliers of the Products), by not using in any way, without the prior consent of the Company or the aforementioned other entities, expressed in writing in order to be valid, any elements, included in the content of the Website. Use of the aforementioned elements of the Website without the aforementioned prior written consent may constitute grounds for the Company to initiate civil or criminal proceedings against the person who uses the aforementioned elements of the Website without an authorization, aimed at protecting the Company's rights.

8. Delivery of the sample for testing

1. Collection of a sample by an unauthorized person results in the inability to use the results in a regulated area.
2. We recommend that Eurofins sampler collects the sample.

9. Final provisions

1. The Regulations may be changed at any time in view of changes in the terms of service of the Website and applicable laws. A change in the Regulations shall take effect on the date indicated by the Company, not less than 14 days after the new version is published on the Website, together with information about the change.
2. Any disputes arising in connection with the User's use of the Website's services shall be resolved, if necessary, by the Polish common court of competent jurisdiction, according to the registered office of the Store Owner.
3. If any of the provisions of the Regulations proves or is declared by a final decision of the court to be invalid, all other provisions of the Regulations shall remain in force.
4. An up-to-date version of the content of the Regulations, together with any Appendices thereto, is always available at the registered office of the Company, on the Website and may be sent to you by e-mail upon request.