Booking terms

Biomed Health Center booking terms

ONLINE BOOKING TERMS AND CONDITIONS – BOOK AN APPOINTMENT

Effective from: 25 April 2023

www.centrumzdrowiabiomed.com/umow-wizyte/

I. Definitions used

"Book an appointment" page / Service – the website available at https://centrumzdrowiabiomed.com/umow-wizyte/, through which the User may book appointments at the facility or online consultations with a selected Specialist of Centrum Zdrowia Biomed.

Service Provider, Personal Data Controller and owner of the Service – Centrum Zdrowia Biomed Hanna Ormańczyk, ul. Rajska 14, 80-850 Gdańsk, NIP 6040236462, REGON 524272193. Centrum Zdrowia Biomed Hanna Ormańczyk is an entity carrying out medical activity, registered in the Register of Entities Performing Medical Activity under number 000000262166, maintained by the Voivode of Pomerania (Wojewoda Pomorski). Centrum Zdrowia Biomed provides health services within the meaning of the Act of 15 April 2011 on Medical Activity.

Online Booking Terms and Conditions – "book an appointment" – these terms and conditions for the provision of services by electronic means, setting out the conclusion of the agreement and the rules for booking an appointment or online consultation by electronic means by the User.

Privacy Policy – a document describing the purposes and methods of data processing, as well as the rights of data subjects.

Consumer – an adult natural person with full legal capacity who purchases a service/booking from the owner of the Service that is not directly related to their business or professional activity.

User/Consumer – an adult natural person, being a Consumer, whose data is concerned and who uses the services available in the Service, makes an online booking via the Page on their own behalf or on behalf of a minor patient, as well as persons who use the medical services of the Personal Data Controller at Centrum Zdrowia Biomed, ul. Rajska 14, 80-850 Gdańsk.

Booking – a declaration of intent made by the User aimed directly at concluding an agreement with the owner of the Service by completing and submitting the booking form in electronic form available on the Service's website, including reviewing the Online Booking Terms and Conditions, accepting their content, and confirming the conclusion of the agreement with an obligation to pay (the "I buy and pay" button).

Specialist – a person practising a medical profession – a person authorised under separate regulations to provide health services, and a person holding professional qualifications to provide health services in a specific scope or field of medicine, in accordance with the definition of the Act of 15 April 2011 on Medical Activity, employed by or cooperating with the Service Provider / owner of the Service.

Service – a health service provided by a selected Specialist in stationary form at Centrum Zdrowia Biomed, ul. Rajska 14, 80-850 Gdańsk (in-office appointment), or via ICT systems (video consultation), or by telephone (teleconsultation). The form of the consultation service is selected by the User during the online Booking. The duration and scope of the online consultation is specified before the Order, at the booking stage.

Complaint – a procedure for asserting liability against the Service Provider in connection with the non-conformity of the purchased Product with the agreement.

Digital environment – the hardware, software and network connections used by the User to access or use digital content or a digital service.

Compatibility – the interoperability of digital content or a digital service with the hardware or software typically used to make use of the digital content or digital service, without the need to convert them.

Digital content – data produced and supplied in digital form.

II. General provisions

1. Prices of services/appointments or online consultations given on the website https://centrumzdrowiabiomed.com/umow-wizyte/ and on the price list (/cennik) are expressed in Polish zloty (PLN) and are gross prices.

2. The Service Provider does not apply individual price adjustment based on automated decision-making.

3. The Service Provider undertakes to provide the Services with the utmost diligence, in accordance with the relevant provisions of law and the principles of medical practice.

4. The User is obliged to use the Booking in a manner consistent with the regulations in force in the territory of the Republic of Poland, in accordance with the provisions of these Terms and Conditions, and not to provide content prohibited by generally applicable law.

5. The Service Provider is not a VAT taxpayer.

6. The Service Provider issues invoices / sales receipts / other documents.

7. A wish to receive an invoice should be reported to the Service Provider at the Order stage.

8. The Service Provider undertakes to provide Services in conformity with the agreement.

9. The User is obliged to use the Products offered by the Service Provider in a manner consistent with the law in force in the territory of the Republic of Poland, in accordance with the provisions of these Terms and Conditions, and not to provide content prohibited by generally applicable law.

10. Delivery of digital Products, including digital content, takes place via the Internet in electronic form.

11. The User is obliged to familiarise themselves with the technical requirements necessary to use the Booking, set out later in these Terms and Conditions (Technical requirements).

III. Payment methods

The Service Provider provides the following payment methods:

• Payment in cash or by card during a stationary appointment at Centrum Zdrowia Biomed, ul. Rajska 14, 80-850 Gdańsk – a payment option available to the User only after selecting a service provided in stationary form (in-office appointment).

• Online prepayment by bank transfer, BLIK or Visa / Mastercard card via the external payment system provided by PAYNOW, the operator of fast payments provided by MBANK S.A., ul. Senatorska 18, 00-950 Warszawa, KRS 0000025237, REGON 001254524, NIP 5260215088 – a payment option available to the User for every form of consultation ordered (in-office appointment, video consultation, teleconsultation).

IV. Conclusion of the agreement

1. In order to place an Order/Booking, the User must perform the following actions:

   • go to the website https://centrumzdrowiabiomed.com/umow-wizyte/, then select a Service from the available list (the list contains, in particular, the specialisation, the form of consultation, and the selected Specialist-doctor), following the information displayed on the booking page;

   • select the date and time of the appointment/consultation from the list of available free slots;

   • provide the first name, surname, e-mail and telephone number of the User / person making the booking;

   • make an online payment (PAYNOW) or select the method of payment by card/BLIK or in cash on site at Centrum Zdrowia Biomed, if the booking concerns a stationary appointment;

   • review the Booking Terms and Conditions and the Privacy Policy of Centrum Zdrowia Biomed and accept their content;

   • optionally – consent to performance of the agreement before the 14-day deadline for withdrawal from a distance contract. This is necessary if the appointment/online consultation is to take place before the expiry of the statutory withdrawal deadline. Once the Service Provider has fully performed the service with the express consent of the Consumer, the Consumer will lose the right to withdraw from the agreement;

   • confirm the intent to conclude the agreement (make the booking), including selecting the "I buy and pay" button.

2. The Booking sent by the User in the manner specified in point 1 above is a declaration of the User's intent to conclude an agreement with the Service Provider for the provision of the Service, in accordance with the provisions of these Terms and Conditions.

3. After placing the Booking, the User will receive a message confirming the Order, which constitutes a declaration of the Service Provider's intent to conclude an agreement with the User for the provision of the Service covering the selected form: in-office appointment, video consultation, or teleconsultation.

4. The agreement is deemed concluded upon the User's receipt of the message from Centrum Zdrowia Biomed confirming the Order.

5. Centrum Zdrowia Biomed performs the Services in accordance with the deadlines specified in the Booking.

6. The Service Provider will provide the Consumer with confirmation of the consent given to commence provision of the service in circumstances resulting in the loss of the right to withdraw from the agreement, if such consent was given.

V. Performance of the agreement

1. Consultation services are performed by persons authorised to provide medical services within the scope of the specialisations indicated in the Booking.

2. The User is obliged to familiarise themselves with the technical requirements necessary to use the Services, set out later in these Terms and Conditions (Technical requirements).

3. On the date of a Service covering an in-office appointment, the User is obliged to attend the place where services are provided, i.e. Centrum Zdrowia Biomed, ul. Rajska 14, 80-850 Gdańsk.

4. On the date of a Service covering a teleconsultation, the Specialist, in accordance with the Booking made, will contact the User/patient using the contact details (telephone number) provided during the Booking in order to perform the service. The Specialist will attempt to connect twice. If the call is not answered, the appointment is forfeited. In the case of an online video appointment, the Specialist will wait for the patient to appear on the selected remote communication application for 15 minutes from the appointment start time. The patient will receive the link to the online appointment by e-mail.

5. The day before the date of a Service covering a video consultation, Centrum Zdrowia Biomed will send the User a link to the video consultation to the e-mail address provided during the Booking. The video consultation takes place on the date of the Booking. At the agreed time, the User/patient is obliged to participate in the video consultation by clicking the link received in the e-mail from Centrum Zdrowia Biomed.

6. In the case of Services provided in the form of a teleconsultation or video consultation, the Specialist may, for organisational reasons and in exceptional cases, contact the User up to 60 minutes after the agreed Booking time.

7. If the selected Specialist is unable to perform the service on the date of the Booking, Centrum Zdrowia Biomed may offer the User another Specialist within the selected specialisation who will perform the Service at the agreed time.

8. If neither the selected Specialist nor another Specialist with adequate qualifications is able to perform the Service on the date of the Booking, Centrum Zdrowia Biomed may offer the User another date for the Service, of which it will inform the User at least 24 hours before that date, setting the next first available date for the provision of services by the Specialist. The User may refuse to have the Service performed on a date other than the one agreed in the Booking. In such a situation, Centrum Zdrowia Biomed will refund to the User the fee paid for the service, if it has already been paid.

9. The patient has the right to cancel an online appointment / teleconsultation up to a maximum of 48 hours before the booking date in order to receive a refund. If the appointment is cancelled less than 48 hours before the appointment, no refund will be given and the appointment is forfeited.

10. During the performance of the Service – whether a teleconsultation, video consultation or in-office appointment – the User will be obliged to provide personal data and information related to their state of health, for the purpose and to the extent necessary to maintain medical records by Centrum Zdrowia Biomed and to provide the services.

VI. Personal data protection

1. The Controller of personal data provided during the use of the Booking and during the performance of Services is Centrum Zdrowia Biomed Hanna Ormańczyk, ul. Rajska 14, 80-850 Gdańsk, NIP 6040236462, REGON 524272193.

2. The rules of data processing, purposes of processing, data recipients, and the rights of Users/patients in connection with the General Data Protection Regulation (GDPR) are set out in the Privacy Policy available at: https://centrumzdrowiabiomed.com/polityka-prywatnosci/

VII. The User's right to withdraw from the agreement

1. The Consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs.

2. The deadline for withdrawal from a distance contract is 14 calendar days from the moment the agreement is concluded.

3. Exceptions to withdrawal from the agreement are indicated later in these Terms and Conditions (Exceptions to withdrawal from the agreement).

4. To meet the withdrawal deadline, it is sufficient to send the Service Provider a declaration of withdrawal before its expiry: info@centrumzdrowiabiomed.com

5. Submitting a declaration of withdrawal from the agreement does not require the use of the Withdrawal Form provided by the Service Provider. The User may also use Annex No. 2 to the Act of 30 May 2014 on Consumer Rights, or draw up their own written withdrawal statement, whereby the following are considered necessary as a minimum:

   • the User's identification details;

   • the date of the Booking and the type of specialisation;

   • the bank account number or another method of refund by the Service Provider.

6. The Service Provider will promptly send the Consumer confirmation of receipt of the declaration of withdrawal from the agreement.

7. Where the Consumer sends the declaration of withdrawal from the agreement by traditional mail, the date of posting the correspondence counts for meeting the 14-day withdrawal deadline.

8. The Service Provider will refund the funds paid by the Consumer within 14 days of receiving the Consumer's declaration of withdrawal from the agreement, using the same payment method used by the Consumer, unless the Consumer agrees to another method of refund.

VIII. Exceptions to withdrawal from the agreement in the case of a performed service

The Consumer is not entitled to withdraw from an agreement for the provision of a service for which they are obliged to pay the price if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that, once the entrepreneur has performed the service, they will lose the right to withdraw from the agreement, and who acknowledged this.

IX. Refunds upon withdrawal from the agreement

The Service Provider will refund the funds paid by the Consumer within 14 days of receiving the Consumer's declaration of withdrawal from the agreement, using the same payment method used by the Consumer, unless the Consumer agrees to another method of refund.

X. Conformity of the Product (regarding a Service in online or teleconsultation form) with the agreement

1. A digital Product, including a Service in the form of a teleconsultation or online consultation, will be in conformity with the agreement if, in particular, its description, type, quantity, completeness, compatibility, functionality, interoperability, and availability of technical support and updates remain in conformity with the agreement, where this is required for a product of the given type.

2. Conformity with the agreement should also be assessed taking into account the specific, particular type of digital content and whether it:

   • is suitable for the purposes for which digital content of this type is usually used, taking into account applicable law, technical standards or good practice;

   • occurs in such quantity and has such characteristics – including functionality, compatibility, availability, continuity and security – as are typical for digital content of this type.

3. In the event of non-conformity of the digital service or digital content with the agreement, the Consumer is entitled to demand that the digital content or service be brought into conformity with the agreement.

4. The Service Provider brings the digital content or digital service into conformity with the agreement within a reasonable time from the moment it was informed by the Consumer of the non-conformity, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used.

5. The costs of bringing the digital content or digital service into conformity with the agreement are borne by the Service Provider.

6. If bringing into conformity with the agreement is impossible or requires excessive costs on the part of the Service Provider, or the non-conformity of the digital content or digital service with the agreement persists despite the Service Provider's attempt to bring the Product into conformity, or the non-conformity with the agreement is material, the Consumer may demand a reduction of its price or withdraw from the agreement.

7. When assessing the excessiveness of costs for the Service Provider, all circumstances of the case are taken into account, in particular the significance of the non-conformity with the agreement, the value of the Service in conformity with the agreement, and the undue inconvenience to the Consumer arising as a result of changing the method of bringing into conformity with the agreement.

8. The Consumer is obliged to familiarise themselves with the Technical conditions necessary to use the Booking, in particular the digital content or service, referred to later in these Terms and Conditions.

9. The Consumer is obliged to cooperate with the Service Provider, to a reasonable extent and using the least onerous technical means for themselves, in order to determine whether the non-conformity of the digital content or digital service with the agreement in due time does not result from the features of the Consumer's digital environment and its lack of compatibility.

10. The Service Provider will not be liable for non-conformity with the agreement if, at the latest at the time of concluding the agreement, the Service Provider expressly informed the Consumer that a specific feature or features of the Service deviate from the conformity requirements, and the Consumer then expressly accepted the absence of the given feature or its non-conformity, separately for each such feature.

11. For Services supplied continuously, the Service Provider's liability lasts throughout the period of their supply.

12. The User has the right to submit a complaint in writing or to the Service Provider's e-mail address: info@centrumzdrowiabiomed.com

13. The Service Provider will consider the complaint within 14 days of its receipt, sending a response to the e-mail address or correspondence address indicated by the User.

14. The complaint should contain at least:

    • the Consumer's first name and surname, address, and postal code;

    • the name of the purchased Product;

    • a description of the complaint;

    • the date on which the non-conformity with the agreement became apparent;

    • confirmation of the purchase of the Service (depending on the circumstances, the Consumer may present one of the following: proof of purchase, order number, payment confirmation, e-mail confirming the Seller's acceptance of the order, etc.).

15. In the event of withdrawal from the agreement due to non-conformity with the Agreement, the Service Provider may demand the return of the tangible medium on which it supplied the Service within 14 days of receiving the Consumer's declaration of withdrawal; the Consumer is obliged to return the medium promptly and at the Service Provider's expense, if such a durable medium was supplied for the digital content.

16. The Service Provider will refund to the Consumer the price due as a result of exercising the right to withdraw from the agreement or reduce the price promptly, no later than within 14 days of receiving the Consumer's declaration of withdrawal from the agreement or price reduction.

17. A User/Consumer who is a patient or the statutory guardian of a patient may also submit a complaint to the Patient Ombudsman (Rzecznik Praw Pacjenta) in the event of a violation of their rights as a patient. The Patient Ombudsman initiates explanatory proceedings upon receiving information that patient rights have been violated. The User may submit an application or complaint to the Patient Ombudsman, in accordance with Article 50 of the Act of 6 November 2008 on Patient Rights and the Patient Ombudsman, in writing to the address of the Office of the Patient Ombudsman, by e-mail to kancelaria@rpp.gov.pl, or via the chat available on the website www.gov.pl/rpp.

XI. Technical requirements necessary to use Online Booking

1. To use the Service and make an Online Booking, the User must have:

   • a device with Internet access (computer, tablet, telephone);

   • an appropriately configured web browser supporting cookies – Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome (recommended: Mozilla Firefox version 24.0 minimum, Opera from version 10, Google Chrome version 28.0 or newer, or MS Internet Explorer version 8.0 minimum or newer) that provides support for cookies and JavaScript. The use of other versions of web browsers is permitted, provided they ensure full compatibility with the versions listed above;

   • an active and appropriately configured e-mail account, enabling the User to receive e-mail messages, in particular when booking services in the Service or awaiting contact from the Personal Data Controller via e-mail;

   • access to a telephone and the ability to use the telephone number provided during the Booking.

2. For safe use of the Service and its functionality, it is recommended that the device used by the User have, in particular:

   • an up-to-date antivirus system;

   • an effective security firewall;

   • installed available operating system and web browser updates relating to security;

   • an activated function for accepting cookies and JavaScript in the web browser;

   • software enabling the reading of files in .PDF format.

3. The User is obliged to use the content and services offered in the Service by the Personal Data Controller in a manner consistent with the law in force in the territory of the Republic of Poland and with the provisions of these Terms and Conditions, and not to provide content prohibited by generally applicable law.

4. The Consumer is obliged to cooperate with the Service Provider, to a reasonable extent and using the least onerous technical means for themselves, in order to determine whether the non-conformity of the digital content or digital service with the agreement in due time does not result from the features of the Consumer's digital environment and its lack of compatibility.

5. The Service Provider is not responsible for the User's failure to comply with the technical requirements presented above that are necessary to cooperate with the ICT system it uses. This applies in particular to cases where the User has incorrectly configured, or has not configured at all, their e-mail account, and for this reason e-mail messages do not reach the User from the Service Provider, or the Service Provider from the User.

XII. Economic copyright

1. Exclusive rights to the content made available within the Service – in particular copyright to photographs, names and trademarks, including the graphic elements they comprise, software, and rights in databases – are protected by law and belong to the Personal Data Controller or to third parties with whom the Controller has concluded the relevant agreements.

2. Copying, or other forms of using any elements of the Service without the consent of the Personal Data Controller, is prohibited. In the event of infringement of the economic copyright to the photographs, names and trademarks of the Service, including the graphic elements they comprise, the software, and the rights in databases, the person who committed the infringement bears the liability for this provided for by law, in particular the Act of 4 February 1994 on Copyright and Related Rights.

XIII. ODR Platform

1. The ODR Platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL

2. Via the ODR platform, a Consumer residing in the EU, Norway, Iceland or Liechtenstein may file a complaint regarding goods or services purchased online from a Seller established in the EU, Norway, Iceland or Liechtenstein.

3. A complaint is filed by completing an electronic form and finding the appropriate entity that will handle the resolution of the dispute.

4. All institutions listed on the platform have been verified, guaranteeing that they meet the relevant regulations and are registered by national authorities. In the territory of the Republic of Poland, this authority is the Office of Competition and Consumer Protection (UOKiK).

XIV. Final provisions

1. In matters not regulated by these Online Consultation Terms and Conditions, the relevant generally applicable provisions of Polish law apply.

2. The Consumer also has the right to refer the dispute to an entity authorised to resolve consumer disputes out of court, in accordance with the Act on Out-of-Court Resolution of Consumer Disputes (Journal of Laws 2016.1823 of 9 November 2016), without prejudice to the possibility of bringing an action before a common court.

3. Users may obtain free access to these Terms and Conditions at any time on the website and make a printout thereof.

4. These Terms and Conditions enter into force on the date of their publication on the Seller's website.

5. The Seller will notify Users of any planned change to the Terms and Conditions by e-mail, sending the content of the amended Terms and Conditions at least 14 days before they enter into force, to the addresses of Users it holds, and will additionally post a relevant note on the website with appropriate advance notice.