TERMS OF USE - OPTIMUM

TERMS OF USING THE OPTIMUMOKULISTYKA.PL WEBSITE

Thank you for visiting our website available at https://optimumokulistyka.pl (hereinafter referred to as: “Optimumokulistyka.pl” or “Website”).

Please read the following Terms of Use.

Optimumokulistyka.pl team

1) ABOUT US

The owner of Optimumokulistyka.pl is “OPTIMUM” M.KRAJEWSKA, J.WASYLUK – LEKARZE OKULIŚCI SPÓŁKA PARTNERSKA with its registered office in Warsaw (both seat and delivery address: ul. Bracka 11/13, 00-501 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000420001; registry court keeping the company documentation: District Court in Warsaw, XIII Commercial Division of the National Court Register; NIP: 7010341479; REGON: 146120372, e-mail: info@optimumokulistyka.pl, phone: 602353107, (0048) 22 620 3740 (hereinafter: “Service Provider”).

2) DEFINITIONS

The definitions used in these Terms of Use mean:
REGISTRATION FORM – an Electronic Service, a form available on the Website, enabling the Service Recipient to sign up for a medical event addressed to ophthalmologists, organized by the Service Provider.
CONTACT FORM – an Electronic Service, a form available on the Website, enabling the Service Recipient to contact the Service Provider, including to make an appointment.
LEAVE A NUMBER – an Electronic Service, an interactive form available in the Online Store enabling the Service Recipient to order a free conversation with a Service Provider employee, to make an appointment or obtain information about medical services provided by the Service Provider.
ORDER A REFERRAL BLOCK – an Electronic Service enabling the Service Recipient, an ophthalmologist, to order a referral block for diagnostic tests at the OPTIMUM Ophthalmology Center.
CONTACT US – an Electronic Service enabling the Service Recipient to contact the Service Provider by phone by redirecting to a telephone connection if the Service Recipient displays the Website on a mobile device or after manually entering the indicated phone number.
NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows the subscribed Service Recipients to automatically receive subsequent editions of the newsletter sent by the Service Provider containing information about new products and promotional offers available on the Website.
COPYRIGHT – the Act on Copyright and Related Rights of 4th February 1994 (Journal of Laws No. 24, item 83, as amended)
TERMS OF USE – the following terms of using the Website.
WEBSITE, OPTIMUMOKULISTYKA.PL – the Service Provider’s website available at https://optimumokulistyka.pl.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with the Terms of Use.
SERVICE RECIPIENT – a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, using or intending to use the Electronic Services available at Optimumokulistyka.pl.
SERVICE PROVIDER – “OPTIMUM” M.KRAJEWSKA, J.WASYLUK – LEKARZE OKULIŚCI SPÓŁKA PARTNERSKA with its registered office in Warsaw (both seat and delivery address: ul. Bracka 11/13, 00-501 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000420001; registry court keeping the company documentation: District Court in Warsaw, XIII Commercial Division of the National Court Register; NIP: 7010341479; REGON: 146120372, e-mail: info@optimumokulistyka.pl, phone: 602353107, (0048) 22 620 3740.

3) GENERAL TERMS FOR USING OPTIMUMOKULISTYKA.PL

The Service Recipient is obliged to use the Website in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that is accurate and complete.
Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) the recommended minimum screen resolution: 1024 × 768; (4) enabling cookies and Javascript support in the web browser.
The Service Provider is the Administrator of personal data processed on the Website in connection with the implementation of the provisions of the following Terms of Use. Personal data is processed for the purposes, in the period and on the basis of the grounds and principles set out in the Privacy Policy published on the Booking Website. The Privacy Policy contains mainly provisions regarding the processing of personal data by the Administrator on the Booking Website, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Booking Website. Using the Booking Website is voluntary. Similarly, the provision of personal data by the user of the Booking Website voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of a contract and statutory obligations of the Service Provider).
The Website allows, first of all, to contact the Service Provider, including making an appointment or signing up for a medical event. The Website does not allow the conclusion of a contract for the Service Provider’s medical services. Such a contract is concluded each time at the place where the services are provided.

4) ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE

Any Service Recipient may use the Website on the terms specified in the Terms of Use.
The Service Recipient may use the following Electronic Services on the Website:

Contact Form;

Registration Form;

Leave a Number;

Order a Referral Block;

Newsletter.

3. A detailed description of the Electronic Services and the rules of their operation is available in the Terms of Use and on the Website.

4. The Service Provider is obliged to provide Electronic Services without defects.

5) CONTACT FORM

Using the Contact Form is possible after (1) clicking the “Contact” tab on the Website or: clicking one of the following tabs: “Consultations”, “Diagnostics” or “Treatments” and clicking “Make an appointment”; (2) completing the Contact Form and (2) clicking “Send” – until then, it is possible to modify the entered data. In the Contact Form, the Service Recipient has to provide the following data: name and surname, e-mail address, subject and content of the message/information about the willingness to make an appointment, addressed to the Service Provider.
The Contact Form Electronic Service is provided free of charge and is of a one-off service that ends when a message is sent through or when the Service Recipient abandons the form beforehand.

6) REGISTRATION FORM

Registering to a medical event using the Registration Form is possible after (1) clicking on the message displayed on the Website when a given event is opened for registration; (2) completing the Registration Form; (3) clicking on the action box. In the Registration Form, the Service Recipient has to provide the following data: name and surname, e-mail address, telephone number, professional license number.
Medical events for which Service Recipients can sign up via the Registration Form are intended for ophthalmologists.
The Registration Form Electronic Service is provided free of charge and is of a one-off service that ends when the action box is clicked or when the Service Recipient abandons the form beforehand.

7) LEAVE A NUMBER

Using the Leave a Number Electronic Service is possible after (1) clicking on the “Leave a number, we’ll call you” widget on the Website; (2) entering name and phone number in the form; (3) clicking “Send”.
The Service Provider will then try to make a phone call as soon as possible.
The Leave a Number Electronic Service is provided free of charge and is of a one-off service that ends when the ordered telephone call is made or when the Service Recipient abandons the form beforehand.

8) ORDER A REFERRAL BLOCK

Using the Order a Referral Block Electronic Service requires the Service Recipient to contact the Service Provider via e-mail using the contact details provided in the “Order a referral block” tab to order a free block of referrals for diagnostic tests at the OPTIMUM Ophthalmology Center.
The Order a Referral Block Electronic Service is available only to ophthalmologist Service Recipients.
The Order a Referral Block Electronic Service is provided free of charge and is of a one-off service that ends when the Service Provider delivers the ordered referral block to the Service Provider or when the Service Recipient ceases contact or otherwise cancels the service.

9) CONTACT US

Using the Contact Us Electronic Service is possible after: (1) clicking the “Our Team” tab or another tab containing the “Contact us” button; (2) clicking the “Contact us” button and making a phone call to the Service Provider.
The Contact Electronic Service is provided free of charge and is of a one-off service that ends when a telephone connection is made or when the Service Recipient abandons the form beforehand.

10) NEWSLETTER

Using the Newsletter service takes place after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the Newsletter tab on the Website and clicking the action field.
Using the Newsletter service is free of charge. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter by sending an appropriate request to the Service Provider via e-mail to the following address: info@optimumokulistyka.pl.

11) CONTACT WITH OPTIMUMOKULISTYKA.PL

The main form of remote communication with the Service Provider is the Contact Form and e-mail (info@optimumokulistyka.pl), through which Service Recipients can obtain information regarding the use of Optimumokulistyka.pl. Service Recipients may also contact us in other ways permitted by law.

12) COMPLAINTS CONCERNING THE OPTIMUMOKULISTYKA.PL WEBSITE

Complaints related to the Website operation may be submitted by the Service Recipient via e-mail to the following address: info@optimumokulistyka.pl.
The Service Provider recommends the complaint description contain the following information: (1) information and circumstances relating to the subject of the complaint, in particular the type of issue and date of its occurrence; (2) the Service Recipient’s request; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the complaint processing by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
The Service Provider will respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.

13) WITHDRAWAL FROM THE CONTRACT

A consumer who has remotely concluded a contract, e.g. for the use of an Electronic Service, may withdraw from it without giving a reason and without incurring any costs within 14 calendar days from the date of the contract conclusion.
To meet the abovementioned deadline, it is enough to send a withdrawal declaration before its expiry. Such declaration of withdrawal may be submitted in electronic form to the following address: info@optimumokulistyka.pl. An template withdrawal declaration is included in Annex 2 to the Consumer Rights Act. The consumer may use the template, but it is not obligatory
The right to withdraw from a remotely concluded contract is not available to the consumer in relation to the contracts referred to in art. 38 of the Consumer Rights Act, including, in particular, contracts for the provision of services, if the service has been fully performed with the express consent of the consumer, who was informed prior to the commencement of the service that they would lose the right to withdraw from the contract after the service was performed.
The provisions regarding the consumer contained in this point 13 of the Terms of Use apply from 1st January 2021 and for contracts concluded from that date also to the Service Recipient who is a natural person concluding a contract directly related to their business, if the contract contents indicate that it is not profession-related for that person, in particular based on the business activity performed by the person specified in the Polish Central Register and Information on Economic Activity (CEIDG).

14) EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS WAYS OF ACCESSING THESE PROCEDURES

Detailed information on the access by the Service Recipient who is a consumer to use extrajudicial means of means of dealing with complaints and pursuing claims and the rules of accessing these procedures are available in the offices and on the websites of county (municipal) consumer spokespersons, social organizations whose statutory tasks include consumer protection, provincial Trade Inspection Inspectorates and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and https://www.uokik.gov.pl/useful_links.php
The consumer may obtain free assistance in resolving a dispute by using the free assistance of a county (municipal) consumer spokespersons or a social organization whose statutory tasks include consumer protection (including the Polish Consumer Federation, Association of Polish Consumers).
An online platform dedicated to resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at: http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.

15) COPYRIGHTS

Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available on it, belong to the Service Provider or other authorized third parties and are protected by Copyright and other provisions of generally applicable law. The protection granted to the Website covers all forms of their expression.
Trademarks of the Service Provider and third parties should be used in accordance with applicable law.

16) TECHNICAL BREAKS

The Service Provider makes every effort to ensure the proper and uninterrupted functioning of the Website. However, due to the complexity of the Website, as well as due to external factors beyond the control of the Service Provider (e.g. DDOS attacks – distributed denial of service), errors and technical failures may occur that prevent or limit the functioning of the Website. In such a case, the Service Provider will take all possible and reasonable actions to ensure that the negative effects of such events are limited as much as possible.
Apart from breaks caused by errors and technical failures, there may also be other technical breaks, during which the Service Provider takes steps to develop the Website and protect it against errors and technical failures.
The Service Provider plans technical breaks so that they are the least burdensome for the Service Recipients, only for the time necessary for the Service Provider to perform the necessary actions.
This point of the Terms of Use does not exclude or limit the legal rights of the Service Recipient who is a consumer, in particular in the scope of the Service Provider’s liability.

17) FINAL PROVISIONS

The language used in the relations between the Service Provider and the Service Recipient is Polish.
If any of the provisions of the Terms of Use turns out to be invalid in whole or in part, the remaining provisions remain in force, and both the Service Provider and the Service Recipient will, at the request of any Party, to replace the invalid provisions with provisions whose legal force and economic effect are closest to the provisions being replaced.
Amendments to the Terms of Use – the Service Provider reserves the right to amend the Terms of Use for important reasons, that is: changes in the law; adding new Electronic Services or introducing changes to the existing ones – to the extent to which these changes affect the implementation of the provisions of these Terms of Use. The amended Terms of Use bind the Service Recipient if the requirements specified in Article 384 and 384.1 of the Civil Code of 23rd April 1964 (Journal of Laws No. 16, item 93, as amended) were adhered to, i.e. the Service Recipient was properly notified of the changes and did not terminate the contract within 15 calendar days from the day of notification.
In matters not covered by these Terms of Use, generally applicable provisions of Polish law apply, in particular: the Civil Code Act of 23rd April 1964 (Journal of Laws No. 16, item 93, as amended), the Consumer Rights Act of 30th May 2014 (Journal of Laws of 2014, item 827, as amended), the Act on the provision of electronic services of 18th July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended) and other relevant provisions of the generally applicable Polish law.

Thank you for reading!

If you have any questions, we are always at your disposal – do not hesitate to contact us.

Looking forward to doing business with you,

Optimumokulistyka.pl Team