The following definitions have been applied in the herein Terms and Conditions: 1. C. C. – Act of 23 April 1964 – Polish Civil Code;
2. Customer – a consumer purchasing OrthoCush ™ Quality of Life Products (commodities) from
3. VMS Rehab Polska Sp. z o.o. is a company with headquarters in Warsaw, address: ul. Postępu 3, entered into the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) maintained by the District Court of the Capital City of Warsaw in Warsaw, XIIIth Commercial Department of the National Court Register, under KRS 0000706546, NIP 5213804699; with stock capital amounting to 5000 PLN;
4. Terms and Conditions – present regulations;
5. Orthocush.com – an online shop managed by VMS Rehab Polska Sp. z o.o.;
6. Commodities – all the products offered by VMS Rehab Polska Sp. z o.o. at www.Orthocush.com online shop;
7. Sales Contract - an agreement concluded by www.orthocush.com Customer, to which the Consumer Rights Act of 30 May 2014 is applied.
1.The herein Terms and Conditions apply to all Customers of Orthocush.com online shop - they define regulations of registration and use of Orthocush.com user's account, the principles of making an electronic reservation of Commodities offered by orthocush.com, placing orders, and the rules of concluding a Sales Contract. Every Customer is able to gain access to the Terms and Conditions at any moment.
2.Orthocush.com E-shop is managed by VMS Rehab Polska Sp. z o. o. and enables users to purchase Commodities online at www.orthocush.com
3. The information about the products available for purchase from orthocush.com, including for example the descriptions and prices of Commodities, constitutes an invitation to enter into a Sales Contract within the meaning of Article 71 of the C. C., according to the regulations presented in Terms and Conditions.
4. The Commodities available at Orthocush.com E-shop are described in detail. Every Customer has access to the information concerning the Commodities' features, prices, textile compositions, etc.
5. The pictures and presentations of the offered Commodities are exemplary and they serve to demonstrate particular models of goods. The descriptions of textile compositions are provided by the manufacturers who cooperate with VMS Rehab Polska Sp. z o.o.
1.Orthocush.com E-shop enables its users to purchase Commodities online (via Internet).
2. The Sales Contract is concluded between the Customer and VMS Rehab Polska Sp. z o.o.
3. The crucial matters of the Sales Contract are being recorded, secured, and shared via means of long-distance communication by sending an auto-generated invoice or the specification of purchased Commodities to the Customer's e-mail address.
4. It is required for all users to read and accept the herein Terms and Conditions before using www.orthocush.com E-shop.
5. A Customer of Orthocush.com E- shop shall:
a. Not provide nor share content forbidden by law;
b. Use Orthocush.com E-shop in a way that does not disrupt its functioning;
c. Not share nor place unwanted commercial information withinOrthocush.com E-shop;
d. Use Orthocush.com E-shop in a way that is non-disruptive for the other Customers and the administration of OrthoCush.com shop;
e. Use the contents by OrthoCush.com shop only for one's private use;
f. Use Orthocush.com E-shop in accordance with the Polish law, Terms of Service, and the general principles of Internet etiquette.
Conclusion of Sales Contract
1. In order to conclude the Sales Contract, the Customer is required to place an order onOrthocush.com website.
2. Customers are able to place orders twenty four hours a day, seven days a week. Orders that are placed on non-working days will be executed on the next business day.
3. Customers can place orders without the need of permanent registry of their personal data inOrthocush.com database.
4. Filling a form available on Orthocush.com website with the information necessary to generate an invoice and deliver Commodities to the Customer is a condition of placing an order.
5. To place an order, one should choose Commodities from Orthocush.com E-shop offer, followed by their colour, sizes and amounts, by adding them to the ''Cart".
6. Any changes concerning the Commodities or personal data of the order can be made before confirmation by clicking "Confirm - Place Order" (or "Continue" after having chosen the payment method).
7. Placement of an order by the Customer (confirmation with ''Confirm - Place Order" or ''Continue" button after having chosen payment method) submits the Customer's offer to VMS Rehab Polska Sp. z o.o. to conclude a Sales Contract, accordingly to the Terms and Conditions.
8. After placing a purchase order, the Customer will receive an announcement (both on the website of Orthocush.com shop and via e-mail) containing information about the amounts, value, chosen payment, shipping methods, delivery times, and Customer's personal data. The announcement is a confirmation from Orthocush.com shop of receiving a Commodity purchase offer from the Customer.
9. The Customer receives a confirmation of the order being accepted via e-mail, to the provided e-mail address. After receiving the above-mentioned confirmation, the Sales Contract on the Commodities ordered by the Customer is automatically concluded.
10. The Sales Contract is concluded in accordance with the herein Terms and Conditions.
11. The Customer has a right to resign from placing an order before receiving the confirmation of accepting the order from VMS Rehab Polska Sp. z o.o.. to resign, the Customer should immediately inform VMS Rehab Polska Sp. z o.o.of the resignation via e-mail or phone.
12.Orthocush.com shop stipulates the right to refuse to fulfill an order within a Sales Contract if the Customer's personal data are not valid, the transaction has been rejected by electronic payment system PayPal, or if the payment was not made on time.
Shipping and delivery
1. Subject to the hereinafter provisions of Act no. 2, the order delivery date at OrthoCush.com shop indicated in the order confirmation is the most probable time of delivery. In some cases the order delivery date is confirmed by Orthocush.com shop employee via e-mail or phone. Commodities are shipped to a given address by UPS for domestic and international orders. Shipping charges are provided during the process of placing an order. Estimated delivery time is 3 business day, counting from the day after mailing the parcel. The overall and maximum time of order delivery should not exceed 14 business days, and cannot, under any circumstances, exceed 30 days, counting from the date of Sales Contract conclusion. OrthoCush.com shop will provide the maximum period of realizing the order on the page of the particular product. If the Customer chooses online payment (via PayPal), then the process of order delivery can be withheld until the payment is credited to OrthoCush.com shop account. In the case of a credit card payment, the order is executed after its authorization.
Sales, prices and payment methods
1. The price of a given Commodity is provided on Orthocush.com E-shop website. The price is binding from the moment the Customer receives the confirmation of the order being accepted. The above-mentioned price is not subject to change, regardless of its alterations, after confirmation of the order being accepted has been sent to the Customer.
2. The prices of Commodities at www.orthocush.com E-shop are listed as gross (brutto). The default currency is PLN, but Customers are able to change it to GBP or EUR by adjusting the settings at www.OrthoCush.com shop website. The prices may differ in accordance with the country where the Commodity is purchased.
3. The method of payment is chosen by the Customer. In the prepayment option,VMS Rehab Polska Sp. z o.o. offers the possibility to pay by PayPal. If the Customer chooses a prepayment option and the payment is not received by VMS Rehab Polska Sp. z o.o. company with headquarters in Warsaw or any of the intermediary entities within 2 days' time after having placed the order, it will be cancelled. In that case, the Customer can place the order once again and choose a different payment method. The delivery of an order paid for by a credit card or bank transfer is processed after VMS Rehab Polska Sp. z o.o. receives the payment.
4.Orthocush.com E-shop stipulates the right to change prices at www.OrthoCush.com shop, introduce new Commodities for sale, perform and call off promotions at www.orthocush.com E-shop website, or modify them in accordance with the standards of the Civil Code and other acts. All the aforementioned changes do not violate rights of the Customers who had concluded a Sales Contract with Orthocush.com before the above mentioned changes were introduced.
Warranty, returns and exchanges
1. All Products offered by Orthocush.com E-shop are new. The photographs of the Products are of a demonstrative nature.
2. VMS Rehab Polska Sp. z o.o., as a seller, is obliged to provide the Customer with Commodities free of any flaws and answers before the Customer being a consumer in accordance with Article 221 of the Civil Code, for inconsistency of a purchased Commodity as determined in by the Civil Code including the changes introduced to the Consumer Rights Act on May 30 2014.
3. LIMITED WARRANTY All the OrthoCush ™ products carry a one year limited warranty against defective workmanship and materials.
a. Should this OrthoCush ™ Seat Cushion prove defective in workmanship or materials within one (1) year from the date of original purchase, return it to the Company with proof of purchase sales receipt.
b. IMPORTANT: This warranty does not cover damage resulting from normal wear, accidents, misuse, abuse or lack of reasonable care.
4. No responsibility is assumed by VMS Rehab Sytems Inc and/or its wholly owned subsidiary, VMS Rehab Polska Sp. z o.o., their agents or dealers, for any special, incidental or consequential damage or injury that may result from the performance or non-performance of the commodities.
1. The Newsletter is a free service, rendered to inform Customers about special offers, competitions, events, new arrivals, by sending content chosen by via e-mail.
2. By entering one's e-mail address and ticking the checkbox in the registration form, the Customer consents to receive the free newsletter and thereby agrees to: a. gathering and processing of one's personal data by Orthocush.com E-shop for commercial purposes, in accordance with the Act of 29 August 1997 on the Protection of Personal Data,
b. receiving commercial information from VMS to one's email address entered during the registration process, in accordance with art. 10 of the 2nd Act of 18 July 2002 on Providing Services by Electronic Means.
3. VMS Rehab Polska Sp. z o.o., as an administrator of all the entered by the Customer personal data, provides its protection in accordance with the Act of 29 August 1997 on the Protection of Personal Data.
4. The Customer can unsubscribe to the newsletter at any time, by clicking on the link provided at the bottom of every received e-mail. Thereby, deleting the Customer's e-mail address from VMS Rehab Polska Sp. z o.o. database.
1. An administrator and the only proprietor of Orthocush.com E shop is VMS Rehab Polska Sp z o.o. with headquarters in Warsaw, address: Warszawa, ul.Postępu 3, entered into the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) maintained by the District Court of the Capital City of Warsaw in Warsaw, XIIIth Commercial Department of the National Court Register, under KRS 0000706546, NIP 5213804699; with stock capital amounting to 5000 PLN;
2. Personal data entered by Customers during the registration process at orthocush.com is processed by VMS Rehab Polska Sp. z o.o. strictly for the purpose of order execution and, depending on a Customer's decision made during the order placement or in the settings of one's personal account at Orthocush.com E-shop on "My OrthoCush account" subpage, it may also be processed for commercial purposes. The Customer has a right to complete, update, and correct one's personal data, as well as to temporarily or permanently stop its processing or delete it if the personal data is incomplete, invalid, false or was collected illegally, or if it's no longer needed for the achievement of a target it was initially collected for. The Customer has a right to decline processing of one's personal data for commercial purposes.
3. By placing an order, the Customer agrees to use the features of OrthoCush.com shop in accordance with the herein Terms and Conditions in their validity from the day of order placement. Not agreeing to the statements of the herein Terms and Conditions disables the possibility to purchase Commodities offered by Orthocush.com E-shop.
4. Polish law applies to all the Sales Contracts at Orthocush.com E-shop.
5. To all matters unsettled by the herein Terms and Conditions, the rules and regulations of the Polish Civil Code or other related to the services and functioning of Orthocush.com E-shop will apply.
6. For any disputes, in accordance with provisions in force, the sole and exclusive jurisdiction shall reside with the appropriate common court with territorial jurisdiction.
7.Orthocush.com stipulates the right to change the Terms and Conditions at any time. The provisions come into force at the precise moment of their publication on Orthocush.com website. Any changes in the Terms and Conditions cannot violate the vested interest of orthocush.com customers.
8.Orthocush.com stipulates a right to change prices and amounts of Commodities offered by its orthocush.com E-shop during the day, as well as to withdraw or introduce given products to Orthocush.com E-shop offer, and to convey, retract, or modify promotions on Orthocush.com website.
9.Orthocush.comtakes all the necessary action to provide a fully functioning Orthocush.com website in accordance with the current technical knowledge and commits to remove all the irregularities reported by Customers immediately. VMS Rehab Polska Sp. z o.o. does not take responsibility for any disruption whatsoever in the functioning of its orthocush.com E- shop caused by Internet network malfunction.
10. Any and all irregularities and/or disruptions in routine functioning of Orthocush.com E-shop should be reported via e-mail, phone, or a contact form located on Orthocush.com website.
11.Orthocush.com informs that all the photos, publications, and texts available at Orthocush.com E-shop are protected by the Act of 4 February 1994 on Copyright and Related Rights (published in: Journal of Laws of 1994, No. 24, Item 83). The same regulations apply to all the graphics, logotypes, buttons, pictures and their compilations, which belong to the Administrator or his contractors. It is forbidden to illegally copy, multiply, or disseminate any of the content found on Orthocush.com website.