Regulations
Definitions
Operator (administrator)- Novell Pharmaceutical de Venezuela C.A. with registered office in Venezuela at v. 3 Independencia, Esq. Calle 32. Planta Alta, arriba de Banpro, frente al Ambulatorio El LLano registered under tax identification number J-311484035
Customer/User - an entity using the Website for which, in accordance with these Terms and Conditions and the law, electronic services may be provided, or with whom an agreement for the provision of electronic services may be concluded.
Consumer - a User who is a natural person ordering Services or purchasing a product from the Website.
Service - This Website available at www.tirzepatyd.store together with its functionalities, run by the Operator, where Users can order a Service or purchase promoted products by filling in, among other things, an order form and entering a promotional code.
Service - the sale of products and services provided electronically by the Operator of the www.tirzepatyd.store website under these Regulations enabling the Customer, through the Website, to place orders with Shippers for delivery by Carriers, to move and deliver Parcels from or to the Parcel Pick-up Point by the Carrier, as well as to perform additional services provided in accordance with the Regulations of the respective Carrier (within the scope of its activities and under the Carrier's Regulations).
Order - a correctly, together with a discount code and completely filled in order form for the dispatch of a product or service, movement and delivery of a Parcel submitted by the Customer via the Website, ending with the generation of a Waybill for the performance of the Service.
Consignment Note - a legally binding document completed by the Sender for the Customer, constituting proof of the conclusion of a Service Agreement or purchase of a product, attached to each Consignment, containing the information necessary for the Carrier about the Consignment and its destination and Recipient.
Carrier (Courier)- an entrepreneur who provides transport services as part of his/her business activity, to whom an order may be placed for the collection, movement and delivery of a consignment as part of the services concluded on the Site between the Sender and the Recipient without cash or „cash on delivery”, and the Person providing courier services on behalf of this company acting on the basis of a contract concluded with it. Within the Service, the Sender may place an order with the Carriers indicated below:
- InPost Express sp. z o.o., with its registered office in Kraków, ul. Malborska 130, 30-624 Kraków, registered by the District Court for Kraków-Śródmieście in Kraków, XI Economic Division of the National Court Register, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000543759, REGON 360781085, NIP 6793108059,
website: https://inpost.pl/
- InPost Paczkomaty Sp. z o. o., with its registered office in Krakow, ul. Malborska 130, 30-624 Krakow, registered in the District Court for Krakow - Śródmieście in Krakow, XI Economic Division of the National Court Register, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000255841, REGON 120246484, NIP 6792895061,
website: https://paczkomaty.pl
Consignment - a thing or things registered on the Site, properly packed by the sender, bearing a Waybill with the Recipient's designation and address for collection by the Carrier and delivery to the Recipient, containing correspondence or as a postal parcel within the meaning of the Postal Law, accepted, sorted, moved and delivered in the manner sanctioned by these Regulations, as well as the Carriers' Regulations, for which the permissible dimensions and weight are specified in the Price List.
Carrier's Rules and Regulations - Carrier's Rules and Regulations apply to the performance of services ordered through the Service. The Carrier's current regulations setting out the terms and conditions of service are available on the Carrier's website listed above.
Recipient - a natural person, legal entity or organisational unit without legal personality to which the Act confers legal capacity, to whom a Parcel is addressed in connection with the ordering of a Service by the Recipient, authorised by the Recipient and entitled to receive the Parcel delivered by the Carrier within the scope of the Service performed.
Shipper - a natural person, legal entity or unincorporated organisational unit who has products, knowledge and experience of the products advertised on the operator's website and who can fulfil the order and to whom the law confers legal capacity, to whom the order is addressed in connection with the order of a Service or product by the Customer, authorised by the Customer and entitled to fulfil the order and deliver to the carrier as part of the Service provided.
Account Database - a set of Personal Data and other data assigned to a given account posted on the Website by Users, which, with the consent of the Users, is collected, processed in an orderly manner in the IT system, as part of the Services provided by the Operator.
Personal Data - information collected as part of the registration form, available at www.tirzepatyd.store, relating to an identified or identifiable natural person, and processed by the Administrator for the proper provision of the Services and for the other purposes set out in these Regulations.
Collection - an additional service making the collection of the Parcel conditional on prior payment by the Recipient of a fee, which will be transferred to the bank account indicated by the Recipient.
Promotional code - an alphanumeric code made available as part of the service and assigned to a specific broadcaster for the purpose of the broadcaster's fulfilment of the service order. The promotional code is made available by the senders according to their knowledge and experience to the recipients of the services. In the case of a service fulfilment without a product, a set of services is sent after payment. In the case of the fulfilment of a service involving the purchase of products, the sender sends the product in accordance with the promotion on the service and the established and assigned discount codes on the service. The service is not a party to the transaction between the sender providing the promotional codes and the recipient.
Price list - price list of Additional Services dedicated to receivers and senders.
RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
Provision of services by electronic means - performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, sent and received by means of equipment for electronic processing, including digital compression and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004. -Telecommunications Law;
Postal law - Act of 12 June 2012. Postal Law (Journal of Laws 2012, item 1529)
Transport Law - Act of 15 November 1984 Transport Law (i.e. Journal of Laws 2012, item 1173 as amended).
Consignment and Receiving Point - premises within the service of postal operators cooperating with the Operator within the meaning of the Postal Law, in which an authorised person issues or accepts a parcel from the Sender in order to perform the dispatch service. The tasks and functions of the Carrier shall apply respectively to the Shipping and Receiving Point from the moment of accepting the consignment from the Sender/Carrier to the moment of handing over to the Recipient/Carrier.
RUO Products / Research Products - products offered on the Service, intended for research and laboratory use only (Research Use Only). RUO Products are not intended for use in humans or animals, they are not intended for consumption, injection or any form of administration into the body. RUO Products do not constitute medicinal products, medical devices or dietary supplements within the meaning of the applicable legislation.
Unauthorised use - any use of RUO Products in particular for ingestion, injection, subcutaneous, intramuscular, intravenous, intranasal, oral or otherwise into the human or animal body.
Research / Research Applications - the use of RUO Products exclusively under controlled laboratory conditions, as part of research, development or analytical work, without therapeutic, clinical or consumer applications.
Preliminary provisions
1 Pursuant to Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144 item 1204), a company with its registered office in Venezuela at v. 3 Independencia, Esq. Calle 32. Planta Alta, arriba de Banpro, frente al Ambulatorio El LLano registered under tax identification number J-311484035, e-mail address: contact@tirzepatyd.store hereby establishes the regulations for the provision of services by electronic means.
(2) These Rules and Regulations set out the terms and conditions of the services provided through the Website www.tirzepatyd.store operated and administered by the Operator.
3. by means of the Website, within the scope of its business activity, provides services connected with making the offer available to Senders and their performance through the Website with enabling the Users to place orders electronically, to move and deliver the offer with the Parcel by the Carrier within the scope of his/her business activity and on the basis of the Regulations and the regulations of the Shipper and the Carrier selected by the User, as well as to make payments for the Service, follow the performance of the Service, make available, at the individual request of the User, information placed on the Website.
3a. Purpose of Products (Research Use Only). All products offered on the Service are RUO Products intended for research and laboratory use only. The Products are not intended for use in humans or animals and are not intended for ingestion, injection or any form of administration into the body. The Products offered on the Service do not constitute medicinal products, medical devices or dietary supplements.
(4) The www.tirzepatyd.store Service may be used by natural persons, legal entities or organisational units without legal personality, to which legal capacity is granted by law.
5 Logging in to the User's account on the www.tirzepatyd.store website or ordering a service or promoted product by the senders requires the User to first read and accept the provisions of these Regulations, available on the www.tirzepatyd.store website By accepting these Regulations, the User agrees to all the provisions contained therein and undertakes to abide by them.
6 The Operator shall provide the Services to the sender and receiver to the extent and on the terms and conditions set out in these Terms and Conditions.
(7) The Customer accepts the transmission of personal data, including to the Consignor and the Carrier for the purpose of carrying out the transport service.
(8) The User expresses consent to the processing by the Operator as Personal Data Administrator (hereinafter referred to as Administrator) of his/her Personal Data provided by him/her in the process of registering an Account on the Website and in the process of using the Website. The provision of personal data is voluntary, however the lack of consent for its processing may make it impossible to provide services electronically and to place orders on the Website by the User.
(9) The Administrator processes the User's Personal Data to the extent necessary to establish, shape the content, change or terminate the legal relationship and for the proper implementation of the Services provided electronically, to make settlements with the User, to market the User's own services with additional consent, as well as for other legally permissible and justified purposes.
(10) The User declares that the Personal Data provided by the User is the User's true data. The Administrator has the right to make the provision of Services to the User dependent on his/her prior confirmation of the conformity of the Personal Data. In case of doubts the Administrator may refuse to provide the services available on the Website, may also block the Account until the doubts are clarified, may also delete the Account.
(11) Users entrusting Personal Data to the Operator shall be obliged to process such data in accordance with applicable regulations (including the Personal Data Protection Act of 29 August 1997 and RODO) and with appropriate technical and organisational measures, meeting the requirements of Polish law. They shall also be obliged to obtain the consent of the persons from whom they collect Personal Data to entrust the processing of such data, and to provide them with the information contained in these Terms and Conditions, including the manner, purpose, scope and period of data processing by the Operator, the rights of the persons whose data are processed, and the circle of entities to which the Operator entrusts the data. This also applies to the situation of the User's use of the address book available after logging on to the Website account.
12. sales to professional bodies
The Operator stipulates that RUO Products are intended only for professional (B2B) entities conducting research, laboratory or scientific activities. The Operator may refuse to process an order if the professional nature of the purchase cannot be verified.
Ordering and execution of a service or product purchase
Orders are accepted by the Site 24 hours a day, 7 days a week. The Customer's orders are carried out within the timeframes indicated by the respective Shipper and Carrier, in accordance with their regulations, and the information presented on the Site regarding the date of shipment is indicative and not guaranteed.
(2) When the „Order” or „Buy” button is pressed, an Order is placed for the Service or product selected by the User.
(3) Placing an order by the User is tantamount to acceptance by the User of the provisions of these Regulations and the regulations of the Carrier performing the transport service.
(4) In order to order a Service or purchase a product, the Customer fills in a Shipment form via the Website or after logging in, providing the required data, indicates the Carrier whose services he intends to use and approves the order to the Operator and ensures that the Shipment is delivered to the Carrier at the premises/location indicated in the Order.
(5) By placing an order, the User declares that the products ordered are RUO Products and will only be used for research and laboratory applications. The User declares that they will not use the products for human or animal use and that the products will not be ingested, injected or administered into the body in any form. The User acknowledges that the products offered on the Service do not constitute medicinal products, medical devices or dietary supplements.
6 The customer undertakes to complete the form accurately and factually.
7 Ordering the Operator to perform the Service implies acceptance of the Regulations and the price list and regulations of the Carrier as well as acceptance of the product issued by the Shipper.
(8) The Customer undertakes to pay to the Operator the total amount invoiced by the Sender together with the additional costs for the ordered service or product in accordance with the Standard or Individual Price List, depending on the choice made.
(9) Any incorrect preparation of the Order, including incorrect generation of the Waybill, shall be the responsibility of the Customer or the Sender.
10. responsibility for violation of the Rules regarding the dimensions and weight of the Consignment, proper packing and securing of the Consignment according to the rules adopted in the rules of the selected Carrier, including damages arising from this, in particular surcharges charged by the Carrier, is borne exclusively by the Sender.
(11) All documents necessary for the correct processing of the order placed are generated and made available to the Customer electronically (in the case of a registered Customer) as well as by email.
12 Depending on the Carrier selected, the consignment note for the Sender or the Label generated by the Service must be printed and attached to the Consignment being handed over to the Carrier.
(13) The Carrier (courier) may contact by phone, text message or e-mail the Customer on the basis of the consent given, the Recipient on the basis specified in § 2.11, at the phone numbers or e-mail numbers provided, in order to facilitate the delivery of the Parcel (execution of the Order) and the execution of the contract. Personal data is provided to the Carrier to enable communication between the Carrier, the Service Recipient and the Recipient.
(14) The Consignor shall notify the Consignee of the intended Consignment and of the necessity to provide suitable tools, equipment or persons necessary for the unloading of the Consignment, if such necessity exists.
15. the Sender will inform the Recipient that in case of a defect or damage to the Parcel being delivered, he is obliged to immediately prepare a damage report in the presence of Carrier's representative (the report should be legibly signed by Carrier's representative delivering the Parcel and by the Recipient)
16 The User via www.tirzepatyd.store, after entering the Parcel number, has the possibility to track the current status of the Parcel.
(17) Fulfilment by means of the Service will be fulfilled within the timeframe and under the terms and conditions specified in the regulations or general terms and conditions of service in force at the Carrier selected by the Customer.
(18) If the Carrier is not handed over the Parcel by the Sender, the Operator - at the express request of the Customer - may order another attempt to collect the Parcel. Any charges related thereto that may be added by the Carrier shall be paid by the Sender.
(19) Consignments not collected by the Consignee on time shall be returned to the Sender at the Sender's expense via the Carrier in accordance with the Price List for the Service.
(20) In the event that the Recipient refuses to pay the amount of the collection, the Parcel is not handed over to him and the Operator retains the right to remuneration as for the Parcel delivered.
21 The collection of the amount due from the Consignee for the delivered Parcel („cash on delivery”) is done in cash or by payment card, if the Carrier provides such a service.
(22) The Operator shall use its best efforts to ensure efficient operation of the Website and performance of the Services ordered on the Website, however, acceptance of an Order on the Website does not mean its unconditional fulfilment. If it is not possible to execute a given order due to the unavailability of services or products offered by the Shippers or unsupported locations by the selected Carrier, the Operator, after informing the Service Recipient, has the right to cancel the Order. In such a case, the Customer will be refunded for the service that could not be provided.
(23) Service Recipients shall have the option to cancel Orders for which the Sender has not yet attempted to perform the Service by sending a notice to contact@tirzepatyd.store . If an Order is cancelled, no fee is charged. If the Order has already been prepaid, the amount of the payment shall be refunded to the Service Recipient.
(24) The User, who is a Consumer, shall be provided, at the latest at the beginning of the ordering process, with clear and comprehensible information via the Website about the limitations on the performance of the Service or product ordered and the methods of payment accepted.
25. the Operator will provide the User, who is a Consumer, with information on the following immediately prior to placing the order:
(26) Once the order has been placed, the Operator shall provide the Consumer with a confirmation of the conclusion of the contract for the performance of the ordered Service or purchase of the product from the Sender on a durable medium in the format of a pdf file sent by e-mail, to which the Consumer agrees.
(27) The performance of the service before the expiry of the deadline for withdrawal referred to in § 11(2) of the Terms and Conditions will only take place at the request of the Consumer. The Consumer's declaration to this effect may be made on the order form.
(28) The Customer who is a Consumer acknowledges that if the Customer, when placing an Order, chooses to perform the Service before the expiry of 14 days from the placing of the Order, the Customer shall, after the performance of the Service, lose the right to withdraw from the Agreement.
- the main characteristics of the performance, including the subject matter of the performance and the means of communication with the consumer;
- its identifying information, in particular the company, the authority that registered the business and the number under which it was registered;
- business address, e-mail address and telephone or fax numbers, if available, at which the consumer can quickly and effectively contact the trader;
- the address where the consumer can lodge a complaint, if different from the address indicated above;
- the total price or consideration for the performance including taxes and, where the nature of the subject matter of the performance does not make it reasonably possible to calculate them in advance, the manner in which they will be calculated, as well as transport, delivery, postal and other charges and, where the amount of such charges cannot be ascertained, the obligation to pay them
- the costs of using the means of distance communication for the conclusion of the contract where those costs are higher than the usual costs for the use of that means of communication;
- the method and date of payment;
- the manner and time of the trader's performance and the trader's complaint handling procedure;
- how and when to exercise the right of withdrawal, as well as the model withdrawal form;
- the cost of returning the goods in the event of withdrawal, which shall be borne by the consumer; for distance contracts, the cost of returning the goods if, by their nature, those goods cannot normally be returned by post;
- the Consumer's obligation to pay the Operator's reasonable costs incurred if the Consumer withdraws from the contract after requesting the commencement of the Service before the end of the withdrawal period;
- the absence of a right of withdrawal or the circumstances under which the consumer loses his right of withdrawal;
- the duration of the contract or how and why the contract should be terminated - if the contract is of indeterminate duration or is to be extended automatically;
- the minimum duration of the consumer's contractual obligations;
- the possibility of having recourse to out-of-court complaint and redress procedures and the rules of access to these procedures;
- of the Carrier's identification data, in particular the Carrier's business name, registration authority, Carrier's address, e-mail address and telephone or fax numbers, if available, the address at which the Consumer may submit complaints to the Carrier, if different from the above-mentioned address.
Payments and settlements
(1) The Operator shall charge for all ordered Services in accordance with the Price List in force at the time the order is placed.
(2) All prices shown on the website or in marketing materials are merely an invitation to negotiate in accordance with Article 71 of the Civil Code.
(3) The only price list applicable to the Service Recipient is the Price List available at www.tirzepatyd.store for logged-in Users and the price list applicable at the time of registration of the Order.
(4) The Operator reserves the right to change the Prices without stating a reason, introduce new and remove old Services or products, carry out and cancel promotional campaigns.
(5) The Customer shall pay in a timely manner all charges relating to the order of Services or products charged in accordance with the Price List and the Terms and Conditions, including additional charges.
(6) The Customer agrees to receive invoices in electronic form in accordance with paragraph 3 of the Ordinance of the Minister of Finance of 17 December 2010 on sending invoices in electronic form, the rules for storing them and the manner of making them available to the tax authority or tax inspection authority (Journal of Laws No249,item1661).
(7) The operator declares that it is registered as an active VAT payer.
(8) The Client accepts that in the event of non-collection of the Parcel by the Recipient, the Operator will charge a fee for return of the Parcel in accordance with the Price List. The Client undertakes to pay the resulting difference at the request of the Operator.
(9) In the event that the Client provides incorrect data which makes it impossible for the Parcel to be delivered to the Sending - Receiving Point or the Recipient, the order will be accepted, but the Client will be charged with additional costs of returning the Parcel to it in accordance with the Price List.
10. in the case of an order for the performance of a service the subject matter of which is articles whose carriage is forbidden by the law in force at the date of the order, or which are included in the Carrier's list of forbidden articles, the Carrier has the right to refuse to collect the Consignment from the Sender for the Customer.
(11) The Operator shall issue a VAT invoice to the Customer in accordance with applicable law.
(12) In the case of Cash on Delivery Parcels, the Sender authorises the Operator to collect the amount of the cash on delivery from the Receiver on his behalf and transfer it to the Sender. The amount collected by the Operator shall be transferred to the Sender on individually agreed dates.
13 Payment for the services shall be made „in advance” via a secure online payment platform (Payment Gateway) with the designated operator as billing agent with separate terms and conditions.
14 Payment for services may also be made on the basis of a separate Agreement between the Operator and the Customer.
(15) Any refunds of funds paid shall take place on the basis of an adjustment to the sales document issued and shall be made using the same payment channel used by the Customer, unless otherwise agreed by the parties.
(16) In the event of non-payment of amounts due within the indicated period of time, the Operator shall take action to collect the amounts due: after 21 days from the due date, a 1st demand for payment shall be sent; if the Customer does not pay the amounts due within the next 14 days, the Operator shall send a 2nd demand for payment; the cost of a demand for payment for the Customer who is a Consumer is PLN 8.13 net (PLN 10 gross); the cost of a reminder for the Customer who is not a Consumer is PLN 24.39 net (PLN 30 gross).
(17) If requests for payment are ineffective, the Operator may commission an external debt collection agency or refer the matter to court. The Customer who fails to make a payment shall be charged with statutory interest for late payment and fees for debt collection activities undertaken by the Operator or a debt collection agency, in particular fees for calls for payment referred to in Subparagraph 2(c) above.
(18) The Service Recipient who is an entrepreneur shall additionally be charged, without a reminder, with the amount of compensation for the costs of debt recovery being the equivalent of EUR 40 converted into PLN according to the average Euro exchange rate announced by the National Bank of Poland on the last working day of the month preceding the month in which the receivable became due, in accordance with the Act of 8 March 2013 on payment terms in commercial transactions.
Responsibility
(1) The Operator shall be liable, unless otherwise provided by mandatory statutory provisions, only for the normal consequences of the act or omission which caused the damage
(2) The transmission of the Order to the Shipper and Carrier does not guarantee its acceptance for execution. In such a situation, the Operator will cooperate with the Customer in order to explain the reason for not accepting the Order for execution.
(3) The Operator shall not be liable for the selection of a product or service, nor for improper performance of the service by the Carrier, unless it is a result of non-performance or improper performance of the Service by the Operator. The Customer, by means of the Website, enters into a civil law contract with the Sender on the basis of the entered discount code received from the Sender and the Sender enters into a contract with the Carrier on the terms and conditions specified in the Rules and Regulations of the Carrier.
(4) As the placing of an order for a service by the User is tantamount to acceptance of the regulations of the Carrier performing the Service ordered by the Customer, all limitations of liability contained therein, within the limits of the applicable law, also extend to the Operator and limit its liability
5. the Operator shall not be liable for, among other things:
(6) The Operator shall also not be liable for the actions and consequences of the User's actions taken in connection with the ordering of the service from the Shipper or Carrier, in particular the Operator shall not be liable for:
(7) The Operator shall be liable for loss, depreciation or damage of the Parcel caused by it at the cooperating Shipping - Receiving Point, whereby the liability for loss, depreciation or damage of the Parcel to which the provisions of the Transport Law apply shall be limited to the declared value, not more than the actual value.
- the non-performance or improper performance of the Service by the Consignor and the Carrier, unless it is due to the non-performance or improper performance of the Service by the Operator,
- the legality of the Shipper's and Carrier's activities, including their possession of the relevant permits or fulfilment of other formal conditions of operation,
- the use of the Website by Users including Senders to promote services and products and recipients,
- unlawful use of the Website by Users and third parties to whom the User has granted access,
- any malfunctioning of the Service or loss of data, interruption of the connection or non-receipt of information for reasons attributable to the Sender,
- interruptions in the operation of the Service due to the need for maintenance or repair of the system and other circumstances beyond the Operator's control,
- actions of the Consignee, in particular for the acceptance of the Parcel addressed to him or for the payment of a COD amount by him.
- for delays in the transfer of funds by the payment operator for the Service ordered and thus for the delay in the performance of the Service.
- for loss, damage or delay in the carriage of the consignment if these occur for reasons attributable to the Customer or the Consignee and not attributable to the fault of the Operator, to the characteristics of the goods or to force majeure
- the provision of incorrect or false data by the User, including data relating to the shipment,
- failure to hand over the consignment to the Carrier,
- breach by the User of the Carrier's Rules.
- Breach of these Regulations by the User
The Operator shall not be liable for the Unauthorised Use of the RUO Products, in particular for their consumption, injection or administration to humans or animals. In the event of Unauthorised Use, full civil, administrative and criminal liability shall be borne by the User. The User undertakes to indemnify the Operator against liability and to pay the Operator's reasonable costs incurred in connection with third-party claims arising from Unauthorised Use.
