Regulations

1. TERMS AND CONDITIONS OF ANEV.COM.PL ONLINE STORE

Regulations of the ANEV Online Store
effective at the store available at: https://anev.com.pl

1. GENERAL PROVISIONS

1.1 Online store available at https://anev.com.pl (hereinafter: „Online Store”) is operated by:

Anev Group Sp. z o.o. based in Częstochowa
address: 9/2 Spadek Street, 42-200 Częstochowa
KRS: 0000760236
NIP: 9492235988
REGON: 381909956
e-mail: sebastiankuzminski@anev.com.pl
tel: 601 626 433

Hereafter referred to as „Vendor.”.

1.2 These Terms and Conditions are addressed to both consumers and businesses using the Online Store, unless expressly indicated otherwise.

1.3 The store sells in particular:

• hydrogen generators HPM-A2,
• accessories (including oxygen whiskers, oxygen concentration cups, distilled water for equipment, carrying bags),
• also offers the possibility of rental of generators - under the terms of a separate lease agreement or separate terms and conditions presented with the Product.

1.4 The Products offered in the Store are not medical devices within the meaning of the regulations on medical devices, unless the description of a particular Product expressly states otherwise. The use of devices for medical purposes should be preceded by consultation with a doctor and is at the sole responsibility of the Customer.

1.5 In particular, the Regulations specify:

• rules of use of the Online Store,
• ordering rules,
• conditions for the conclusion and performance of sales contracts,
• Rules for payment, delivery, complaints and withdrawal from the contract,
• rules for publishing opinions.

1.6 In order to use the Store, you are required to:

• device with Internet access,
• current web browser,
• active email account,
• cookies and JavaScript enabled.

1.7 The consumer may not waive the rights granted to him in the Law of May 30, 2014 on consumer rights. The provisions of the Regulations are not intended to limit these rights.

2 DEFINITIONS

For the purposes of the Regulations:

• Working Day - Monday-Friday, excluding public holidays.
• Customer - a natural person (including a consumer or an entrepreneur on the rights of a consumer), a legal person or an organizational unit that has concluded or intends to conclude a Sales Agreement.
• Consumer - a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
• Entrepreneur on consumer rights - a natural person conducting business, concluding a contract with the Seller without professional connection with the conducted business (Article 38a of the Law on Consumer Rights).
• Customer - Any entity using the Store for electronic services (e.g. Account, Newsletter).
• Product - a movable item available in the Store (including the HPM-A2 generator and accessories), as well as an equipment rental service, if described as a Product.
• Sales Agreement - Agreement for the sale of a Product concluded with the Seller at a distance through the Store.
• Order Form - An interactive form used to place an order.
• Account - customer account in the Store allowing, among other things, to view order history.
• Newsletter - A service consisting of periodic sending of commercial information.

3. ELECTRONIC SERVICES IN THE STORE

3.1 The following electronic services are available in the Store:

• Account,
• Order Form,
• Newsletter.

3.2 Account

• Establishing an Account is done by completing the registration form and accepting the Terms and Conditions.
• Provision of data marked as mandatory is necessary to establish an Account.
• The service is provided free of charge for an indefinite period of time.
• The Customer may delete the Account at any time by sending a request to the e-mail of the Seller.

3.3 Order Form

• Use begins after adding the Product to the shopping cart.
• The order is placed after completing the data and clicking the „Order and pay” button (or equivalent).

3.4 Newsletter

• You can subscribe to the Newsletter, among other things, by checking the appropriate box when placing an order or registering.
• Unsubscribing from the Newsletter is possible at any time via a link in the body of the message or by contacting the Seller.

3.5 The Service Recipient shall:

• To provide data in accordance with the facts,
• not to transmit unlawful content,
• Use of the Store in a manner that does not violate the rights of third parties.

4. CONDITIONS FOR CONCLUDING A SALES CONTRACT

4.1 The information about the Products provided in the Store constitutes an invitation to conclude a contract.

4.2 Price quoted next to the Product:

• is expressed in Polish zlotys (PLN),
• includes taxes (including VAT),
• does not include delivery costs (these will be shown during the ordering process).

4.3 Conclusion of the Sales Agreement:

1. The customer adds the selected Products to the shopping cart.
2. Fills out the Order Form, providing the necessary data.
3. Selects the method of payment and delivery.
4. He accepts the Regulations.
5. He clicks the „Order and pay” button.
6. The Seller sends a confirmation of order acceptance to the Customer's e-mail - at that moment the Sales Agreement is concluded.

4.4 The content of the agreement shall be recorded by:

• Sending the customer a confirmation to the e-mail address,
• recording of data in the computer system of the Store.

4.5 In the case of Products that are rental equipment (e.g. HPM-A2 generator), the detailed terms of rental (time, deposit, liability rules) may be further specified in a separate rental agreement or rental regulations presented to the Customer prior to the conclusion of the agreement.

5. PAYMENTS

5.1 Available forms of payment:

• traditional transfer to the Seller's bank account,
• electronic payment / payment card through a payment operator (e.g. Przelewy24 / PayU - details and the current list of operators are available on the „Payments” page),
• installment system/leasing - through cooperating financing institutions, under the terms of a separate agreement between the customer and the financing institution.

5.2 The customer is obliged to make payment:

• in the case of traditional transfer or e-payment - within 7 days from the date of conclusion of the Sales Agreement,
• in the case of installment payments/leasing - in accordance with the agreement with the financing entity,
• In the case of payment on delivery (if available) - on delivery.

6. DELIVERY AND COLLECTION OF THE PRODUCT

6.1 Delivery of Products is available on the territory of the Republic of Poland (the possibility of shipping abroad may be provided individually).

6.2 Delivery methods:

• courier delivery,
• parcel machine / parcel machines (e.g. InPost) - as long as they are indicated in the Store,
• other forms of delivery, if indicated at the time of ordering.

6.3. delivery costs are provided to the customer each time before placing an order.

6.4 Delivery date:

• as a rule, up to 7 Business Days from the posting of payment or conclusion of an installment contract - unless a different deadline is indicated with the Product,
• for Products with different delivery times - the longest of the given ones is binding, but not longer than 7 Business Days, unless the Product description states otherwise.

7. COMPLAINTS (CONFORMITY OF GOODS WITH THE CONTRACT)

7.1 The basis and scope of the Seller's liability are set out in particular in the Law on Consumer Rights and the Civil Code.

7.2 A complaint may be filed:

• In writing to the address of the registered office: Anev Group Sp. z o.o., 9/2 Spadek Street, 42-200 Częstochowa,
• email: sebastiankuzminski@anev.com.pl

7.3 In the complaint it is recommended to indicate:

• Customer contact information,
• description of nonconformity/defect,
• demand (repair, replacement, price reduction, withdrawal).

7.4 The Seller shall respond to the complaint within a period of time 14 days from its receipt. Failure to respond within this period means recognition of the consumer's complaint.

7.5 If the complaint is accepted, the Seller shall cover the cost of delivery of the advertised Product and shipping of the repaired/new Product to the Customer - in accordance with the regulations.

8. RIGHT OF WITHDRAWAL (ONLINE PURCHASE)

8.1 A consumer and an entrepreneur on the rights of a consumer who has entered into a remote contract has the right to withdraw from the contract without giving any reason within a period of time 14 days from:

• Taking possession of the Product by the Customer or a designated third party (other than the carrier), or
• conclusion of the contract - in the case of services.

8.2 The declaration of withdrawal can be submitted:

• In writing to the address of the Seller,
• By email to: sebastiankuzminski@anev.com.pl

8.3 The customer may use the model withdrawal form (Appendix to the Regulations), but it is not mandatory.

8.4 The product must be returned no later than 14 days from the date of the withdrawal statement, to the address indicated by the Seller (the address of the registered office or warehouse - according to the return information).

8.5 The Customer shall bear the direct costs of returning the Product.

8.6 The Seller shall return to the Customer all payments received (including the cost of the cheapest ordinary delivery) within 14 days of receipt of the statement of withdrawal, except that it may withhold reimbursement until it receives the Product back or provides proof of its return.

8.7 The Customer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain its nature, characteristics and functioning.

8.8. Exclusion of the right of withdrawal - hygienic accessories
According to the Law on Consumer Rights, the right of withdrawal does not apply, among other things, to contracts in which the object of performance is products:

• delivered in a sealed package,
• which, once opened, cannot be returned for health or hygiene reasons,
  If the package was opened after delivery.

Such products in the Store include, in particular:

• Oxygen mustaches, cannulas, masks, tubes and other accessories in direct contact with the respiratory tract,
• disposable hygiene items.

In this case - after opening the sealed package - the no cancellation of contract.

9. PROVISIONS FOR ENTREPRENEURS

9.1 The provisions of these Terms and Conditions shall apply mutatis mutandis to entrepreneurs, with the proviso that certain rights (e.g. the right to withdraw from the contract within 14 days) shall apply only to consumers and entrepreneurs on the rights of consumers.

9.2 In a B2B relationship, the Seller may:

• Agree on individual terms of delivery, payment and warranty,
• enter into separate agreements (e.g., rental, leasing, service contracts).

10. PRODUCT REVIEWS

10.1 Customers can give feedback on the Store and Products after making a purchase.

10.2 The Seller may verify that the review is from a Customer who actually purchased the Product (e.g., through links sent after purchase, verification of e-mail address).

10.3 The seller publishes both positive and negative reviews. He does not post fictitious reviews or have them created.

11. FINAL PROVISIONS

11.1 Contracts concluded through the Store are concluded in the Polish language.

11.2 The Seller may change the Terms and Conditions for important reasons (e.g. change of law, change of payment methods, technical changes).
He will inform about the changes in advance (as for continuous contracts - at least 14 days).

11.3 In matters not regulated, the provisions of Polish law, in particular the Civil Code and the Law on Consumer Rights shall apply.

12. SAMPLE WITHDRAWAL FORM

(can be made available as a separate PDF on the site)

I/We .................................... hereby give notice of withdrawal from the contract of sale of the following product: ....................................
Date of contract / acceptance: ..................
Consumer's name: .....................
Consumer address: .................................
Signature (if in paper form): ............
Date: ..................

13. PRECAUTIONS (HYDROGEN INHALERS)

• The product is not a medical device. Consult your doctor before using for health purposes.
• Only adults may operate the equipment in accordance with the instructions for use.
• Hydrogen is a flammable gas - ensure that the room is well ventilated, avoid open flames, sparks, smoking near the device.
• Do not modify the device, do not cover the ventilation holes, do not cover the device during operation.
• In case of any abnormalities (unusual odor, noise, error messages), stop using the device and contact ANEV service.
• The Buyer/Renter declares that he has been informed that the use of the device for health purposes is at his own risk.

2. RETURN POLICY (SHORTCUT FOR THE CUSTOMER)

You can give this as a separate „Returns and Complaints” subpage.

1. Purchases made at the ANEV Online Store are entitled to 14 days to withdraw from the contract Without stating a reason (for consumers and JDGs under consumer rights).
2. To exercise the right of withdrawal:

• email to: sebastiankuzminski@anev.com.pl Or write to the company's address,
• fill out the withdrawal form (optional, but makes the process easier).

1. Send the product back within 14 days of the withdrawal notification.
2. Cannot be returned once opened sealed hygienic accessories in direct contact with the respiratory tract (oxygen mustaches, masks, cannulas, disposable items).
3. Refunds (price + cost of cheapest usual delivery) are made up to 14 days to the same payment source you used for the purchase, unless you expressly agree to a different one.
4. Complaints (non-conformity of goods with the contract) you can report by email or letter - we have 14 days to respond.

3. ANEV GUARANTEE POLICY

Warranty Policy - HPM-A2 hydrogen inhalers and durable accessories

1. The guarantor is:
   Anev Group Sp. z o.o., 9/2 Spadek St., 42-200 Częstochowa.
2. Warranty period:

• 24 months from the date of purchase of the Product (documented by receipt/invoice),
• unless otherwise indicated in the warranty document for a particular Product.

1. Warranty coverage:

• defects in materials and manufacturing of the device,
• Malfunction of the equipment when used properly according to the instructions.

1. The warranty does not cover:

• mechanical damage caused by the fault of the user (fall, flooding, improper transport),
• Damage resulting from the use of improper water or fluid,
• consumable items (e.g., oxygen mustaches, tubing, disposable accessories),
• damage caused by independent modifications or repairs outside the authorized service center.

1. Warranty notification mode:

• email application to: sebastiankuzminski@anev.com.pl With a description of the defect and contact information,
• At the request of the Seller - delivery of the device to the designated service center (by courier or in person).

1. The method of warranty implementation:

• equipment repair,
• Replacement with a defect-free copy,
• if repair or replacement is not possible - another solution agreed with the customer (e.g. refund of part of the price).

1. The warranty does not exclude, limit or suspend the Customer's rights under the provisions on the conformity of goods with the contract (warranty).

4. PRIVACY AND COOKIES POLICY (SHORT VERSION, RODO-COMPLIANT)

ANEV Store Privacy Policy

1. Personal data controller
   The administrator of the personal data is:
   Anev Group Sp. z o.o., 9/2 Spadek St., 42-200 Częstochowa,
   e-mail: sebastiankuzminski@anev.com.pl.
2. Scope of data processed
   We process data necessary for:

• order processing (name, surname, address, e-mail, telephone, tax ID - if applicable),
• establishment and operation of the Account,
• handling complaints and returns,
• Newsletter mailing (with consent),
• statistical and analytical purposes (anonymized or pseudonymized data).

1. Purposes and basis of processing

• Implementation of the sales contract / provision of electronic services - Article 6(1)(b) RODO,
• Fulfillment of legal obligations (e.g. tax, accounting) - Article 6(1)(c) RODO,
• Direct marketing of its own products (legitimate interest of the administrator) - Article 6(1)(f) RODO,
• Newsletter mailing based on voluntary consent - Article 6(1)(a) RODO.

1. Recipients of data
   Data can be transferred:

• courier/transport companies,
• Payment service providers (payment operators),
• accounting office,
• IT service providers (hosting, store system, mailing) - only to the extent necessary to provide services.

1. Data retention period

• data related to the sales contract - for the duration of the contract and the period required by tax/accounting regulations,
• data for marketing purposes - until you withdraw your consent or object,
• data within the Account - until the Account is deleted.

1. Rights of the data subject
   You have the right to:

• access to their data,
• their correction,
• removal (in cases provided by law),
• processing restrictions,
• Data portability (within the scope of Article 20 of the RODO),
• Object to processing for marketing purposes,
• revoke consent at any time (without affecting the lawfulness of processing prior to revocation),
• lodge a complaint with the President of the DPA.

Cookies

1. The store uses cookies and similar technologies for:

• To ensure the proper operation of the site (technical cookies),
• remembering user settings,
• keep anonymous visitor statistics (e.g. Google Analytics - if you implement).

1. The first time you visit the site, you will be shown information about the use of cookies and the ability to manage consents (as long as you implement the appropriate banner/cookie manager).
2. The user can at any time change the settings of cookies in the browser (block their use or delete the stored files).

5. RODO INFORMATION CLAUSE (E.G. UNDER THE ORDER FORM)

The administrator of your personal data is Anev Group Sp. z o.o. based in Częstochowa, 9/2 Spadek Street, 42-200 Częstochowa.
Your data will be processed for:

Newsletter mailing - if you give separate consent (Article 6(1)(a) RODO).
Recipients of the data may be: courier companies, payment operators, accounting office, IT service providers.
The data will be kept for the period necessary for the execution of the contract, and thereafter for the time required by law and until the statute of limitations for claims or the withdrawal of consent / objection to marketing.
You have the right to access, rectify, restrict processing, delete data (in cases provided by law), data portability, object to data processing for direct marketing purposes, and the right to lodge a complaint with the President of the DPA.
Provision of data is voluntary, but necessary for the conclusion and execution of the contract.

To execute the order and service the contract (Article 6(1)(b) RODO),

Fulfillment of legal obligations incumbent on the Administrator (Article 6(1)(c) of the DPA),

Direct marketing of the Administrator's products (Article 6(1)(f) RODO) - unless you object,