Date of last changes: 01.11.2024

 

Regulations GRAPH GROUP

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I. GENERAL PROVISIONS

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The Regulations of GRAPH GROUP outline the general terms and conditions for sales and services provided electronically by GRAPH GROUP Vitalii Lutskov through the website www.graphgroup.pl.

The site is intended exclusively for professionals in the field of medical products, such as healthcare professionals or those involved in the trade of medical products, including their staff or collaborators. It contains advertisements for products designed for professional use, not for general consumers.

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II. DEFINITIONS

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For the purposes of the Terms and Conditions:

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• Business Day – Refers to all weekdays from Monday to Friday, excluding public holidays.

• Customer – Refers to a legal entity or an organizational unit not being a legal entity, granted legal capacity by specific regulations, using services provided electronically by the Seller or placing Orders within the Store.

• Civil Code – Refers to the Civil Code Act of April 23, 1964.

• Product – Refers to goods, including services, displayed on the website.

• Terms and Conditions – This set of regulations for the website www.graphgroup.pl.

• Store – Refers to the online service available at www.graphgroup.pl, allowing the Customer to use electronic services and purchase Products.

• Seller – Refers to GRAPH GROUP Vitalii Lutskov, based in Warsaw at Al. Sobieskiego 18/28, 02-758 Warsaw, Poland, registered in the Central Register of Economic Activities with NIP 5214056265 and REGON 527658935.
  Detailed Seller Contact Information:
  - Phone number: +48 884 099 660

       - Email address: info@graphgroup.pl

• Account Agreement – Refers to the free-of-charge Agreement for electronic service provision described in Section IV, point 1(b) of these Terms and Conditions.

• Sales Agreement – Refers to the sales agreement of Products under the Civil Code, concluded between the Seller and the Customer via the GRAPH GROUP online service.

• Services – Refers to electronic services provided by the Seller through the website.

• Consumer Rights Act – Refers to the Act of May 30, 2014, on consumer rights.

• Electronic Services Act – Refers to the Act of July 18, 2002, on providing electronic services.

• Order – Refers to the Customer's declaration of intent to conclude a Product Sales Agreement, specifying the type and quantity of Products and containing Customer details necessary for the Sales Agreement's conclusion and execution.

 

III. DATA PROTECTION, PRIVACY POLICY

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1. The Seller is the Data Controller of the Customers' personal data in accordance with the European Parliament and Council Regulation (EU) 2016/679 of April 27, 2016, regarding the protection of individuals in connection with the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

2. By registering in the Store, the Customer provides their personal data and authorizes the Seller to manage and process it. Providing personal data is voluntary but necessary to use the services and make purchases in the Store.

3. Detailed rules regarding the processing of personal data are provided in the Privacy Policy and Cookie Policy available on the "Privacy Policy" page.

 

IV. ELECTRONICALLY PROVIDED SERVICES

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1. Through the website www.graphgroup.pl, the seller provides the following services:
 

a. Making available and enabling customers to browse and search for products in the store, as well as allowing customers to purchase products through the website.

b. Services based on the Account Management Agreement, including the management of the customer's individual account, where the customer:

• will be entitled to purchase products available only to logged-in customers.

• will be entitled to view their account data.

• will have access to the store’s platform, containing information on order history, statuses, etc.

c. Newsletter/Messaging – involves sending commercial information to the customer electronically.

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2. To conclude the Agreement mentioned in point 1(b), the customer must have an active email address, complete the registration form on the store's website, and confirm acceptance of the Terms and Conditions and Privacy Policy by ticking the relevant boxes in the registration form. Registration requires correctly filling out all mandatory fields. Logging into the customer account requires entering a username and password (set individually during registration). Each customer can create only one account. The Account Management Agreement can be concluded only with a customer who is a business operating in the medical, dental, veterinary, or aesthetic medicine services sector.

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3. Regarding the Account Management Agreement:

a. The agreement is concluded when the customer receives an email confirming the activation of the account.

b. The customer has access to the account protected by a password, which must be kept confidential.

c. Upon logging in, the customer can use services reserved for logged-in clients.

d. The customer can view and change their data by contacting the seller.

e. The agreement is concluded for an indefinite period.

f. The seller may delete or deactivate the account for important reasons, particularly in case of violating the terms.

g. The customer may cancel the account at any time by sending an email to the seller.

h. The agreement ends when the account is deleted by the customer or seller.

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4. Regarding the provision of the Newsletter Service:

a. The Seller sends commercial information to the Client via email or messenger to the provided email address/phone number in the form of a letter or electronic flyer.

b. The information sent may include the Seller's product offers, current promotions, and other news related to the Seller.

c. The Newsletter/Messaging is sent no more than twice a month and always includes instructions on how to unsubscribe or change the email address to which the Newsletter/Messaging is sent.

d. Anyone who has an active email account or phone number can use the service by selecting the "Subscribe to the Newsletter/Messaging" option on the website www.graphgroup.pl under the "My Account" tab and clicking "Save Changes," or by expressing a desire to use the Newsletter/Messaging service when registering a Client account.

e. Each message sent as part of the Newsletter/Messaging service constitutes a work under copyright law and is protected by the relevant legal provisions.

f. The Client may, at any time, change the previously provided email address/phone number for receiving the Newsletter/Messaging by contacting the Seller, free of charge and without giving any reason.

g. The Client may unsubscribe from the Newsletter/Messaging service at any time, free of charge and without giving any reason, by clicking the "UNSUBSCRIBE" link.

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5. As part of using the Services, the Client is prohibited from publishing or transmitting content that:

a. is illegal or infringes the legally protected personal rights of third parties (including offensive, vulgar, or contrary to decency);

b. is false or outdated.

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6. The use of the Services described in point IV of the Regulations is free of charge.

 

7. Clients are prohibited from using the Services in a manner that is contrary to the law, good morals, or infringes upon the personal rights of third parties or the legitimate interests of the Seller.

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8. To use the website www.graphgroup.pl, the following minimum technical requirements must be met:

a. Having one of the following versions of a web browser:

• Apple Safari 5 or later;

• Apple Safari Mobile;

• E 9 or later;

• Mozilla Firefox version 39 or later;

• Chrome version 39 or later;

• Opera;

• Cookies and JavaScript must be enabled in the browser.

b. Having a computer or other device connected to the Internet.

 

9. By using the Services, the Client accepts the content of the Regulations along with attachments.

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10. Complaints regarding the services provided by the Seller electronically can be submitted in electronic form to the email address: info@graphgroup.pl. The Seller will review the complaint promptly, but no later than 30 days from the date of receipt, and will provide a response within that time frame.

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11. According to the provisions of the Act on the information about the prices of goods and services of May 9, 2014:
a. the price of goods includes VAT and excise tax if, according to separate regulations, the sale of the product or service is subject to VAT or excise tax.

b. when informing about a price reduction, the Seller also provides information about the lowest price of the product or service that applied within the 30 days prior to the price reduction.

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12. The way goods are presented to the Customer depends on the filters/sorting methods selected by the Customer. If the Customer does not select specific filters/sorting methods, the goods are displayed by the Seller in a random order.

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V. GENERAL TERMS OF PURCHASING

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1. The Seller conducts retail sales of medical, dental, prosthetic, aesthetic medicine, and veterinary products in Poland and the EU via the Store. Orders are fulfilled for personal use, including by healthcare or cosmetic businesses. The Seller does not engage in reselling products for further distribution.

2. Orders can only be placed via the Internet.

3. Orders through the Store can only be placed after logging into the individual Client account or by verifying the information provided by the Client during the order process with the Store operator.

4. Announcements, advertisements, price lists, and other information posted on the Store's website are considered not an offer but an invitation to conclude an agreement (Article 71 of the Civil Code), and they are for informational purposes only.

5. Correspondence related to the execution of the Order is conducted via email to the address provided by the Customer.

6. The purchase of medical products that are intended for use only in clinics, dental offices, aesthetic medicine, or veterinary practices, as per the user manual, can only be made by qualified doctors or designated personnel. If a designated person is placing the order, confirmation from the doctor is required. The store reserves the right to verify the buyer's professional qualifications (e.g., medical license number) and may refuse to process the order if there are doubts about the buyer's qualifications.

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VI. ORDERING

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1. The condition for placing an order for products presented in the store is acceptance of the Terms and Conditions and Privacy Policy.

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2. An order is considered placed when it is sent to the store via the completed order form. Following the submission, the customer receives an automatic email confirming the order has been received. This confirmation does not constitute acceptance of the offer, but rather acknowledges that the seller has received the order.

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3. The store confirms receipt of the order for processing within one business day by sending the Customer an Order Confirmation to the provided email address. It includes, among other things: the order number, details of selected products, chosen payment and delivery methods, along with the destination address. If the Customer chooses a bank transfer as the payment method, the Order Confirmation also contains the necessary payment details.

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4. The sales agreement is concluded when the Customer receives the Order Confirmation. The content of the placed order and the terms of the accepted Regulations constitute the essential terms of the sales agreement.

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5. Orders will be processed within 1-3 business days from the date of the Order Confirmation, with the exception that if the Customer selects prepayment as the payment method, the Seller may delay the order fulfillment until the payment is credited to their bank account. During this period, the Seller will complete the order and ship the Products to the Customer. The processing time does not include the delivery period, which, for Consumers, will not exceed the timeframe specified in Article 5431 of the Civil Code.

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6. To avoid any doubts, it is accepted that the Client's offer (Order) is binding for 2 business days from the date it is submitted by the Client. If the Seller does not send the Order Confirmation to the email address provided by the Client within this period, as stated in section 3, the Client's offer will expire.

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7. The order will be processed only if the product is available in stock.

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8. If part of the order cannot be processed, the customer will receive information about the partial fulfillment of the order instead of an Order Confirmation. In this case, the customer must decide how to proceed (partial fulfillment or cancellation of the entire order). If no decision is made within 2 business days, the entire order will be canceled.

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9. The seller reserves the right to refuse an order, especially in the following cases:

a. Unavailability of the ordered products;

b. Errors in the order form preventing fulfillment;

c. Suspected wholesale purchases or reselling intentions;

d. Suspected purchase by malicious software;

e. Delivery address outside the possible delivery area;

f. Reasonable suspicion that the purchase was made by an unauthorized person. In such cases, the seller will notify the customer via email about the refusal to accept the order within the period described in section 3. The store reserves the right to verify the buyer's qualifications.

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10. In case of refusal or cancellation of the order, if payment has been made in advance for the ordered item, the Seller will promptly refund the amount paid (or part of it in case of partial order fulfillment) in accordance with applicable legal regulations.

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VII. PRICES AND PAYMENTS

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1. Prices presented in the Store are given in Polish zlotys (PLN) or euros (EUR, for the English version of the website) and include VAT.

 

​2. The Seller reserves the right to change prices, provided that price changes do not apply to Orders already in progress. The price indicated for each Product is binding at the moment the Order is placed.

 

​3. Optionally, the Seller covers the delivery costs of Products for Orders exceeding 500 PLN gross.

 

​4. In cases not covered by section 3, the Product Price does not include delivery costs, which must be covered by the Customer. Delivery costs are provided before placing the Order in the Customer's cart.

 

​5. The following payment methods are available for the Order:

a. BY TRADITIONAL BANK TRANSFER to the Seller's bank account on a prepayment basis.

b. Via a payment processing entity on a prepayment basis (PayU).

c. BY TRADITIONAL BANK TRANSFER with deferred payment – an option available only to Customers with separately signed cooperation agreements. This option is unavailable if the Customer has any outstanding payments to the Seller.

d. IN CASH – an option available only to Customers collecting their order in person at the Seller's headquarters.

e. IN CASH TO THE COURIER – an option available only to Customers choosing delivery by Courier and selecting the "cash on delivery" option when placing the order.

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6. If the Customer chooses the payment method specified in section 5, item a) or b), failure to make payment for the purchased Products within 5 business days from the Order date will result in the Order being canceled by the Seller. The Customer will be informed about the cancellation of the Order via email.

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7. The payment date is considered to be the day the Seller's account is credited.

 

​VIII. PRODUCT DELIVERY

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1. The Customer is required to provide the address for product delivery in the Order form. Changing the delivery address will have no effect if the Products have already been shipped to the previously provided address.

2. Product delivery is carried out via courier companies.

3. After the ordered Products are fully assembled and shipped, the Customer will receive a message confirming this (Order Shipment Confirmation). In the shipment confirmation, the Seller specifies the estimated expected delivery time.

4. The Customer is required to check the contents of the package in the presence of the courier. If the shipment does not contain the Product indicated in the Order, if the Product is incorrect, there are quantity shortages, or if it is damaged (especially if the package shows signs of damage), the Customer must write a damage report in the presence of the courier. The Customer must report any visible defects of the Product to the Seller by filing a complaint no later than 2 days after receiving the shipment. Failure to fulfill the obligations described in this paragraph by the Customer relieves the Seller from responsibility for discrepancies in the shipment. Complaints in this regard will not be considered. The Seller is not responsible for delays in the delivery of the shipment.

    

5. The Seller attaches a proof of purchase in the form of an electronic VAT invoice to the shipped Order.

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IX. COMPLAINTS AND WARRANTIES

 

1. The Seller is obliged to deliver Products to the Customer free of defects.

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2. In the case of identifying physical defects in the purchased Products, the Customer may file a complaint, which should include a description of the physical defects of the purchased Products, proof of purchase, and the Customer's request: by email to info@graphgroup.pl, through the contact form available on the Store's website www.graphgroup.pl, or in writing to the address:

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GRAPH GROUP Vitalii Lutskov

Sikorskiego Av. 18/28

02-754 Warsaw, Poland

with the note "COMPLAINT"

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To complete the formalities and clarify the form of submitting a complaint, please first contact the Seller at: email address info@graphgroup.pl or phone +48 884 099 660. A complaint is considered effectively submitted when the complaint and the goods are delivered to the Seller. A sample complaint form can be found on the website www.graphgroup.pl.

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3. The claims available to the Customer in relation to defects in the purchased Products are governed by the provisions of the Consumer Rights Act of May 30, 2014, specifically the following principles:

a. The Seller is responsible for the lack of conformity of the Product with the contract if the lack of conformity existed at the time of delivery and was revealed within two years from that moment.

b. The Seller is not responsible for the lack of conformity of the Product with the contract if, at the latest at the time of concluding the contract, the Customer was clearly informed that a specific feature of the Product deviates from the requirements of conformity with the contract and clearly and separately accepted the absence of that specific feature of the Product.

c. If the Product is not in conformity with the contract, the Customer may request its repair or replacement. To do so, the Customer must make the Product available to the Seller for repair or replacement (the cost of picking up the Product is borne by the Seller). According to the regulations:

I. The Seller may carry out the repair if the Customer requests a repair, or the Seller may carry out the replacement if the Customer requests a replacement, if bringing the Product into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract.

II. In assessing the excessiveness of costs for the Seller, all circumstances of the case are taken into account, especially the significance of the lack of conformity of the Product with the contract, the value of the Product in conformity with the contract, and the excessive inconvenience to the consumer resulting from changing the method of bringing the Product into conformity with the contract.

III. The Seller carries out the repair or replacement within a reasonable time from the moment the Seller was informed by the Customer about the lack of conformity with the contract, and without causing excessive inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the consumer purchased it. The Seller bears the costs of repair or replacement, including, in particular, the costs of postage, transport, labor, and materials.

d. If the Product is not in conformity with the contract, the Customer may submit a statement regarding a price reduction or withdrawal from the contract in the following cases:

I. when the Seller has refused to bring the Product into conformity with the contract;

II. when the Seller has not brought the Product into conformity with the contract;

III. when the lack of conformity of the Product with the contract persists, even though the Seller attempted to bring the product into conformity with the contract;

IV. when the lack of conformity of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first attempting repair or replacement of the Product;

V. when the Seller's statement or the circumstances clearly indicate that the Seller will not bring the Product into conformity with the contract within a reasonable time or without causing excessive inconvenience to the Customer.

e. The reduced price must be in proportion to the price resulting from the contract, in which the value of the Product that is not in conformity with the contract relates to the value of the Product that conforms to the contract.

f. The Seller will refund the amounts due to the Customer as a result of exercising the right to a price reduction without delay, no later than 14 days from the day of receiving the statement regarding the price reduction.

g. The Customer cannot withdraw from the contract if the lack of conformity of the Product with the contract is insignificant.

h. In the event of withdrawal from the contract, the Customer must immediately return the Product to the Seller. In such a case, the Seller will refund the Customer the price without delay, no later than 14 days from the day of receiving the Product or proof of its return.

i. The Seller will refund the price using the same payment method that the Customer used, unless the Customer explicitly agrees to a different method of refund.

j. The Seller bears the cost of delivering the claimed Product, and in the case of a successful complaint resolution, also the cost of sending the Product back to the Customer.

 

4. The Seller will respond to the Customer's complaint without delay, no later than 14 calendar days from the date it was submitted. If the Customer requested a replacement of the Product, removal of the defect, or submitted a statement regarding a price reduction, specifying the amount by which the price should be reduced, and the Seller has not responded to this request within 14 calendar days, the request is considered justified.

 

5. The Store does not accept any parcels sent back as cash on delivery.

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X. WITHDRAWAL FROM THE CONTRACT

 

1. The Customer has the right to withdraw from the sales contract without providing a reason (in accordance with the Consumer Rights Act of May 30, 2014, Journal of Laws 2014, item 827, as amended), by submitting a relevant statement within 14 calendar days starting from the day:

a. from the day the Products are taken into possession by the Customer or by a third party indicated by the Customer, other than the carrier,

b. in the case of an Order consisting of multiple Products that are delivered separately, in batches, or in parts – from the day the last Product, batch, or part is taken into possession.

 

2. The statement of withdrawal should be submitted by email to info@graphgroup.pl, via the contact form available on the Store's website www.graphgroup.pl, or by traditional mail to the address:

 

GRAPH GROUP Vitalii Lutskov

Sikorskiego Av. 18/28

02-754 Warsaw, Poland

with the note "RETURN"

 

To meet the 14-day deadline, it is sufficient to send the statement before the deadline expires. If the Customer submits the withdrawal statement electronically, they will receive an immediate confirmation of receipt of the withdrawal statement.

 

3. The withdrawal form can be found on the website www.graphgroup.pl. Using the form is not mandatory. The template of the form is also included as Appendix No. 3 to the Act of May 30, 2014, on Consumer Rights.

 

4. In the case of withdrawal from the contract, the contract is considered not concluded, and the Customer is obliged to arrange the conditions for the return. To complete the formalities, clarify the form and possibilities of returning the goods, please first contact the Seller: e-mail: info@graphgroup.pl; tel. +48 884 099 660

 

a. no later than 14 days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to send the goods back before the deadline expires.

b. The Store is obliged to issue a corrective invoice and make the refund without delay, no later than 14 days from the date of receiving the statement of withdrawal from the contract. The refund will be made using the same payment method that the Customer used, unless the Customer explicitly agrees to a different method of refund, which does not incur any costs for them. In the case of payment by cash on delivery, the refund will be made to the Customer's account provided in the statement of withdrawal from the contract. The Store may withhold the refund of the amounts received from the Customer until the Product(s) are returned or the Customer provides proof of their return, depending on which event occurs first.

c. If the Customer chose a delivery method other than the cheapest standard delivery option offered by the Store, the Store is not obliged to refund the Customer for the additional costs incurred.

d. The Customer bears the direct costs of returning the Products.

e. The Customer is responsible for any reduction in the value of the goods resulting from their use in a manner beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

 

5. The right to withdraw from a contract concluded through the Store does not apply, pursuant to Article 38 of the Consumer Rights Act, in relation to contracts:

a. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the withdrawal period;

b. in which the subject of the contract is a non-prefabricated item, produced according to the consumer's specifications or intended to satisfy their individualized needs;

c. in which the subject of the contract is an item that is liable to deteriorate quickly or has a short shelf life;

d. in which the subject of the contract is an item delivered in a sealed package, which cannot be returned due to health protection or hygiene reasons once the packaging has been opened after delivery;

e. in which the subject of the contract is items that, due to their nature, become inseparably combined with other items after delivery;

f. in which the subject of the contract is products that, due to their nature, require special transport and/or storage conditions;

 

XI FINAL PROVISIONS

 

1. The content of the Terms and Conditions may be recorded by printing, saving on a storage medium, or downloading at any time from the website.

2. The Terms and Conditions exclude the application of Sales Agreements concluded by the Seller with the Client, as well as any other general terms of agreements (contract templates) issued, applied, or recognized by the Client (defensive clause).

3. Any potential disputes related to the execution of sales in the store shall be resolved by the court having jurisdiction over the Seller's registered office.

4. Matters not regulated in the Terms and Conditions shall be governed by the provisions of the Civil Code and the provisions of the Consumer Rights Act in cases explicitly indicated in the Terms and Conditions, as well as the Act on the Provision of Electronic Services.

5. ​​The Terms and Conditions are effective from the date of their publication on the Seller's website.

6. The Seller reserves the right to amend the Terms and Conditions. However, any changes to the Terms and Conditions do not apply to agreements concluded with Clients before the amendments take effect, particularly not affecting the Client's rights arising from previously concluded agreements. Changes to the Terms and Conditions (including a new version) take effect 7 days after publication on the website. The Seller will notify the Client of the changes to the Terms and Conditions 7 days before they take effect via an electronic message. If the Client does not accept the new content of the Terms and Conditions, they should notify the Seller, which will result in the termination of the agreement for the provision of electronic services.

7. For wholesale orders, please contact us at +48884099660 or via email at info@graphgroup.pl​.​​

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