Online store terms & conditions

§1. Key definitions

Seller: FENIX LASER SP. Z O.O. with its registered office at ul. Płocka 9/11B, 01-231 Warsaw, KRS 0001001349, NIP 7011114768, REGON 523667009.

Store: the online service belonging to the Seller, available at: fenix-laser.pl.

Buyer: a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, placing an Order in the Store.

Consumer: a Buyer who is a natural person performing a legal act not directly related to their business or professional activity.

Entrepreneur: a Buyer placing an Order for purposes related to their business or professional activity.

Terms: these terms and conditions.

Goods / Product: a movable item offered for sale by the Store.

Order: a declaration of intent by the Buyer submitted via the electronic order form, aimed directly at concluding a Sales Agreement for the Goods with the Seller.

Entrepreneur with consumer rights: a natural person concluding a Sales Agreement directly related to their business activity, where the content of that agreement shows that it does not have a professional character for that person, resulting in particular from the subject of the business activity they perform, made available under the CEIDG regulations.

§2. General provisions

These Terms set out the rules for using the fenix-laser.pl Store and the conditions for concluding and performing Sales Agreements for Goods.
Using the Store requires a device with Internet access, an active email account and an up-to-date web browser.
The Seller sells Goods within the territory of the Republic of Poland and selected European Union countries.
The Seller can be contacted by email: info@fenixlaser.org, by phone at +48 739 109 390 (Mon-Fri 9:00-17:00, Saturday 10:00-16:00) and by post to the Seller's registered address.
Information about Goods presented in the Store does not constitute a commercial offer within the meaning of the Civil Code, but an invitation to conclude an agreement within the meaning of Art. 71 of the Civil Code.
Prices of Goods presented in the Store are gross prices (including VAT), given in Polish zloty and do not include delivery costs. Delivery costs are determined each time before an order is placed.
The actual appearance and colours of the Goods may differ slightly from those shown in the photos in the Store due to differences in monitor or lighting settings. This does not constitute a defect of the Goods.
All offered Goods are brand new and free from physical and legal defects.
The Seller reserves the right to change the prices of Goods, add and withdraw products from the offer, grant discounts, and run and cancel promotional campaigns. These changes do not affect orders placed before the date the change takes effect.
Promotions, discounts and discount codes cannot be combined with each other unless the terms of a given promotion expressly state otherwise.
The Buyer is prohibited from posting unlawful content in the Store.

§3. Placing orders

The Buyer may place an order for the selected Goods in the following ways:
1. via the contact form on the Store's website;
2. by phone at: +48 739 109 390;
3. by email at: info@fenixlaser.org.
Placing an order:
1. Placing an order via the form, by phone or by email constitutes an offer by the Buyer to purchase the Goods.
2. Placing an order is not equivalent to concluding a sales agreement. Upon receiving the order, the Store only confirms that it has been entered into the system, which does not constitute a declaration of acceptance of the offer.
Determining the order details:
1. After the order enters the system, a representative of the Seller contacts the Buyer to confirm and agree the final details of the transaction, including in particular: the technical specification of the Goods, training conditions, transport costs and dates, any installation, and the final price.
2. In this process, the Seller may request additional information necessary to correctly fulfil the order (e.g. exact company details for the invoice, details of the delivery location).
Conclusion of the agreement:

The Sales Agreement is concluded when the Buyer receives from the Seller a formal confirmation of acceptance of the order for fulfilment (sent electronically as an email, after all details of the transaction have been agreed with the Seller beforehand).

Payments:
1. The Seller provides the following payment methods: prepayment based on a pro forma invoice, bank transfer to the Seller's account, and external financing (e.g. leasing) subject to prior arrangement.
2. The Buyer is obliged to make payment within 7 business days of the date of concluding the sales agreement (unless a different deadline results from individual arrangements between the parties). Failure to credit the payment within the set deadline entitles the Seller to cancel the order.
Modification and cancellation of an order:
1. The Buyer may modify or cancel an order until the Goods are handed over for shipment. Such intention must be reported to the Seller immediately by email or phone.
2. The right to modify and cancel before shipment referred to above does not apply to Goods produced, configured or sourced to the Buyer's individual order (according to their specification). In such cases, the rules for any changes to the order are agreed individually with the Seller each time.
3. The above provision does not limit the statutory 14-day right of withdrawal available to Consumers and natural persons concluding an agreement directly related to their business activity where that agreement does not have a professional character for them (resulting in particular from PKD codes in CEIDG). Buyers without the above status (including commercial-law companies, institutions and entrepreneurs purchasing equipment within their professional specialisation) do not have the right to withdraw from the agreement without giving a reason.
Delivery costs:
1. Delivery costs are determined each time before an order is placed and are added to the price of the Goods.

§4. Payments and delivery

Payment methods: The Seller provides the Buyer with the following payment methods for the Goods:
1. prepayment based on a pro forma invoice;
2. bank transfer to the Seller's account;
3. external financing (leasing or instalments) – terms agreed individually with the financing institution.
Payment deadline: The Buyer is obliged to make payment within 7 business days of the date of concluding the sales agreement. Failure to credit the payment within this deadline may result in cancellation of the order.
Delivery costs: Delivery costs are automatically indicated to the Buyer while placing the order on the Store's website. For large-size equipment or deliveries outside Poland, transport costs may be quoted individually by the Seller and presented to the Buyer for acceptance before the order is finalised.
Delivery: Deliveries are carried out to the address indicated in the order via specialised courier companies or the Seller's dedicated transport.
Shipment: Goods are shipped after full payment has been credited to the Seller's bank account, unless the concluded agreement or individual arrangements with the Seller provide for a different payment schedule (e.g. in the case of leasing).
Receipt of the shipment (Important for transport safety):
1. For Buyers who are not Consumers or Entrepreneurs with consumer rights (B2B customers – e.g. companies), the Buyer is obliged to check the condition of the packaging and contents in the presence of the courier. If damage is found, drawing up a damage report with the courier is a necessary condition for considering a complaint for transport damage.
2. For Consumers and Entrepreneurs with consumer rights, the Seller strongly recommends checking the shipment with the courier and drawing up a damage report. This will facilitate and significantly speed up the complaint process; however, the absence of a report does not deprive these buyers of their statutory right to file a complaint.

§5. Statutory warranty and Guarantee

Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for defects towards Entrepreneurs (excluding Entrepreneurs with consumer rights) is excluded.
Towards Consumers and Entrepreneurs with consumer rights, the Seller is liable for the lack of conformity of the Goods with the agreement under the terms specified in the Consumer Rights Act.
Products offered in the Store are covered by a guarantee provided by the Seller or the Manufacturer. The detailed guarantee terms, including its duration, scope and service procedures, are set out in the Warranty Card enclosed with the purchased Goods.
In the event of any discrepancies between the information in the product description on the Store's website and the provisions of the Warranty Card, the overriding and binding document is the Warranty Card enclosed with the device.

§6. Withdrawal from the agreement and returns

Right of withdrawal: The right to withdraw from the agreement within 14 days without giving a reason is available exclusively to Consumers and Entrepreneurs with consumer rights. Other Entrepreneurs (B2B, including commercial-law companies and persons purchasing equipment within their professional specialisation) do not have the right to return the Goods without giving a reason.
Buyer's obligation: The Consumer and the Entrepreneur with consumer rights have the right to check the nature, characteristics and functioning of the device to the extent they would in a stationary store. If the checking goes beyond this scope and leads to a reduction in the value of the device, they are liable for that reduction.
Reduction in value: If the returned goods show signs of use beyond ordinary checking (e.g. visible cosmetic soiling, mechanical damage, using up the device's pulse/operating limit), the Seller has the right to reduce the refund amount adequately to the wear found. The Seller will individually assess the technical and aesthetic condition of the device, and the deduction will be proportional to the cost of restoring the device to a saleable, as-new condition (e.g. replacement of consumable parts, refurbishment, cleaning, disinfection).
Exclusions: The right of withdrawal does not apply in the cases specified in Art. 38 of the Consumer Rights Act, including in particular for:
1. goods manufactured to the Buyer's specification or serving to satisfy their individualised needs;
2. goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery (e.g. sterile treatment handpieces, cartridges, electrodes).

§7. Complaints

The Buyer has the right to file a complaint in the event of the goods being non-conforming with the agreement.
Complaints should be filed by email at: info@fenixlaser.org or by post to the Seller's registered address.
To streamline the process, it is recommended to use the Complaint Form available on the Store's website.
The report should include: the invoice number, a detailed description of the fault, the device serial number, and photographic documentation or a video recording (a video recording is especially recommended for technical devices, as it often allows for quick diagnosis and remote fault removal).
The Seller undertakes to respond to a filed complaint within 14 days of receiving the report. The repair or defect-removal process itself will be carried out in the shortest possible time, depending on the technical specifics of the equipment and the availability of spare parts.
The Buyer is obliged to deliver the equipment to the service centre in complete condition, in packaging ensuring safe transport conditions (using the original packaging is recommended). The Seller is not liable for damage arising in transport due to improper securing of the shipment by the Buyer.
The cost of returning the complained goods is borne by the Seller if the complaint is upheld. The method of returning the goods is determined by the Seller.

§8. Personal data protection and privacy

Data controller: The controller of personal data processed within the Store is FENIX LASER sp. z o.o. with its registered office in Warsaw (postal code: 01-231, ul. Płocka 9/11B).
Contact: For all matters concerning the processing of personal data and the exercise of rights related to their processing, the Buyer can contact us by email at info@fenixlaser.org, by phone at +48 739 109 390, or by post to the Seller's registered address.
Legal basis: Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and the currently applicable provisions of Polish law.
Purposes of processing: The Seller processes data in order to perform the Sales Agreement, handle requests and enquiries (contact form), conduct marketing (if the Buyer has given consent) and for analytical purposes (website statistics).
Transfer of data: Data may be transferred to entities supporting the Seller in conducting its business (e.g. courier companies, IT and hosting service providers, including Google for analytical purposes). The Seller informs that, as part of using analytical tools (Google Analytics), data may be transferred outside the EEA (to the United States) subject to appropriate legal safeguards.
Buyer's rights: The Buyer has the right to access their data, rectify it, erase it, restrict its processing, object to processing, transfer the data, and the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (PUODO), ul. Stawki 2, 00-193 Warsaw.
Privacy policy: Detailed information on personal data, cookies and privacy security is contained in the [Privacy Policy] section on the Store's website.

§9. Final provisions

In matters not regulated by these Terms, the provisions of generally applicable law apply, in particular the provisions of the Civil Code and the Act of 30 May 2014 on Consumer Rights.
These Terms do not exclude or limit any rights of the Consumer or the Entrepreneur with consumer rights available to them under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and such provisions, the provisions of law take precedence.
The Terms enter into force on the day of their publication on the fenix-laser.pl Store website and apply to agreements concluded from that day.
The Seller reserves the right to amend the Terms. The Buyer will be informed of any changes by the posting of the new text of the Terms on the Store's website. Changes do not affect orders placed before the date on which the changes take effect.

Note: This English version of the Terms & Conditions is provided for information purposes only. In the event of any discrepancy or dispute, only the Polish-language version of these Terms & Conditions shall be legally binding.