Terms and Conditions

Effective from: 15 February 2025

§1. General provisions

  1. The online store at neofenix.co (the "Store") is operated by NEOFENIX SP. Z O.O. with its registered office at ul. Taneczna 37A, 02-819 Warszawa, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0001070937, registry court: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, NIP (tax ID) 9512582932, REGON 527020121, share capital PLN 10,000.00 (the "Seller").
  2. Contact with the Seller: phone +48 22 266 22 03, the contact form at neofenix.co/contacts, correspondence address as above. Matters relating to personal data: [email protected].
  3. These Terms set out the rules for using the Store, placing pre-orders, concluding and performing sales contracts, and the complaint procedure. They are also the terms for electronically supplied services referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.
  4. Definitions:
    1. Buyer – a professional within the meaning of §2 who has an Account in the Store;
    2. Account – the Buyer's personal area in the Store, protected by an e-mail address and password;
    3. Products – goods offered in the Store, including medical devices within the meaning of Regulation (EU) 2017/745 (for example dermal fillers), cosmetic products and other products for aesthetic medicine;
    4. Pre-order – a request for the supply of Products sent by the Buyer through the Store; it is not binding on either party;
    5. Proforma – a proforma invoice issued by the Seller after checking the Pre-order, stating the final price, currency, delivery cost and payment details;
    6. Contract – a sales contract between the Seller and the Buyer concluded under §5;
    7. Sole trader with consumer rights – a natural person referred to in §2(6).

§2. Sales to professionals only

  1. The Store is intended exclusively for professionals: physicians, dentists and other persons licensed to perform medical or aesthetic-medicine procedures, cosmetologists, clinics, beauty and medical practices, and distributors, who purchase Products for their professional or business activity.
  2. The Seller does not sell to consumers. Registration and Pre-orders by consumers are not allowed. The Store is not intended for persons under 18.
  3. When registering, the Buyer declares that they are a professional within the meaning of section 1, that they purchase Products for their professional activity and that the data provided are true. The Buyer is responsible for the truthfulness of this declaration and compensates the Seller for any damage caused by an untrue declaration.
  4. The Seller may at any time, and in particular before issuing a Proforma, ask the Buyer for documents confirming their professional status (for example a professional licence, a registration number in a professional register, an entry in a business register or a VAT number) and may verify them in public registers (for example CEIDG, KRS, VIES and professional registers). If the documents are not provided or there are justified doubts, the Seller may refuse to issue a Proforma, cancel the Pre-order or block the Account.
  5. Certain Products (in particular injectable medical devices) may be supplied only to persons authorised to use them under the law of the destination country. The Seller may limit the availability of such Products accordingly.
  6. If a Contract is concluded by a natural person running a sole-proprietorship business and the Contract shows that it has no professional character for that person, in particular in view of the business activity disclosed in the Polish business register CEIDG (Article 38a of the Polish Consumer Rights Act of 30 May 2014 and Article 3855 of the Polish Civil Code), consumer-protection provisions apply to that person to the extent provided by those provisions. Provisions of these Terms that exclude or limit the Buyer's rights do not then apply to the extent they conflict with those provisions.

§3. Electronic services and the Account

  1. Through the Store the Seller provides free of charge the following electronic services: the Account, the cart, the Pre-order form, the product search and the contact form.
  2. Technical requirements: a device with Internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address.
  3. The Account agreement is concluded for an indefinite period upon registration. The Buyer may terminate it at any time by writing to [email protected] or through the contact form. The Seller may terminate it with 14 days' notice for important reasons (for example discontinuing the Store) or with immediate effect if the Buyer seriously breaches these Terms, in particular by providing false data.
  4. The Buyer must keep their password confidential and must not post unlawful content in the Store or use the Store in a way that disrupts its operation.
  5. Using electronic services involves typical risks such as malware, phishing attempts or password theft. The Seller never asks for a password by e-mail or phone and never changes its bank account number other than in the Proforma; if in doubt, contact the Seller by phone.
  6. Complaints about the electronic services may be sent by e-mail or through the contact form. The Seller replies within 14 days.
  7. The e-mail address given in the Account is the address for correspondence, including for Proformas and notices of changes to these Terms.

§4. Prices and product information

  1. Product information in the Store, including prices, is an invitation to make an offer within the meaning of Article 71 of the Polish Civil Code, not an offer.
  2. Prices in the Store are for information. Prices in currencies other than the euro are converted at an exchange rate set by the Seller. Only the price stated in the Proforma is binding, together with the currency, the VAT treatment (including a 0% rate for an intra-Community supply to a Buyer with a valid EU VAT number, or export), the delivery cost and the total amount.
  3. The Seller is not bound by obvious errors in prices or product descriptions. The Buyer will be informed of any such error before the Proforma is issued.
  4. Product photos are illustrative. Packaging may differ depending on the manufacturer's batch. The information on the manufacturer's label and instructions for use is binding.

§5. Pre-order and conclusion of the Contract

  1. To place a Pre-order the Buyer must be logged in to their Account, add Products to the cart, provide delivery details and send the Pre-order. The Buyer can correct the data before sending. No payment is made at that stage.
  2. The Seller confirms receipt of the Pre-order by e-mail. This confirmation does not conclude a Contract.
  3. The Seller's manager checks the availability of the Products and the delivery cost and conditions, and contacts the Buyer. If the Pre-order can be fulfilled, the Seller sends the Buyer a Proforma.
  4. The Proforma is the Seller's offer, valid for 24 hours from being sent. The Buyer accepts the offer by making a transfer of the full amount of the Proforma within that time and sending the Seller the transfer confirmation (Article 69 of the Polish Civil Code). The Contract is concluded at that moment.
  5. If no transfer is made within 24 hours, the Proforma expires, the Products are no longer reserved and no Contract is concluded. The Seller may issue a new Proforma on request, at current prices and availability.
  6. Products are shipped after the full amount of the Proforma has been credited to the Seller's bank account. If the funds are not received within 5 business days of the transfer, the Seller may withdraw from the Contract; funds received later will be refunded within 14 days.
  7. The Seller may refuse to fulfil a Pre-order without giving reasons, in particular in the cases described in §2 and §10(2).
  8. The Contract is concluded in Polish or in the language of the Store version used by the Buyer. The Contract consists of the Proforma and these Terms; the Seller keeps them in its records, and the Buyer can save and print them at any time.

§6. Payment

  1. Payment is made in advance by bank transfer to the account stated in the Proforma, in the currency of the Proforma.
  2. The Buyer bears the charges of their own bank and of intermediary banks and must ensure that the full amount of the Proforma is received.
  3. The Seller issues a VAT invoice in accordance with the applicable law, including through the Polish National e-Invoicing System (KSeF) where required.

§7. Delivery

  1. The Seller ships Products worldwide by courier, subject to §10(2). The delivery method, cost and estimated time are stated in the Proforma. Delivery times are estimates.
  2. Products requiring controlled temperature are shipped in appropriate packaging or in a cold chain, where this is required by the manufacturer.
  3. The risk of accidental loss or damage passes to the Buyer when the Products are handed over to the carrier (Article 544 § 1 of the Polish Civil Code). Nevertheless, the Seller handles reports of transport damage made in accordance with §9(1)–(2) and pursues claims against the carrier itself.
  4. For deliveries outside the European Union the Buyer acts as the importer and is solely responsible for customs duties, import taxes and fees, import permits and registrations, and compliance with the law of the destination country. The Seller is not liable for delays, retention or confiscation of the shipment by customs or other authorities.
  5. If a shipment is returned to the Seller because it was refused, not collected or stopped by customs, the Seller refunds the price after the Products are returned in unchanged condition, less shipping and return costs. If the Products are not returned or can no longer be sold (in particular because the storage conditions were not maintained), no refund is due.

§8. Returns

  1. Because Products include medical devices, sterile products and products requiring controlled storage conditions, and are sold only to professionals, Products cannot be returned once dispatched, except in the case of non-conformity under §9.
  2. The Buyer is not entitled to withdraw from the Contract without giving reasons. A Sole trader with consumer rights has this right under the Polish Consumer Rights Act, subject to the exceptions in Article 38(1) of that Act, in particular for sealed Products that cannot be returned after opening for health or hygiene reasons, and for perishable Products or Products with a short shelf life.

§9. Inspection and complaints

  1. The Buyer must inspect the shipment on delivery, if possible in the presence of the courier, and in case of visible damage draw up a damage report with the courier.
  2. Transport damage and quantity discrepancies must be reported within 3 days of delivery, and other non-conformities of the Products within 14 days of delivery (hidden defects: within 14 days of discovery, but no later than 12 months after delivery). These time limits are agreed by the parties within the meaning of Article 563 § 1 of the Polish Civil Code.
  3. A complaint should be sent by e-mail or through the contact form and should include the order number, the name and batch (LOT) number of the Product, a description of the problem and photos of the Product and packaging. At the Seller's request the Buyer makes the Product available for inspection.
  4. The Seller replies to a complaint within 14 days. If the complaint is accepted, the Seller will, at its choice, replace the Product, deliver the missing Products or refund the price of the defective Products.
  5. The Seller's liability under the statutory warranty for defects (rękojmia) is excluded under Article 558 § 1 of the Polish Civil Code; the Buyer's rights are set out exclusively in this paragraph. This exclusion does not apply to a Sole trader with consumer rights, who has the rights for non-conformity of goods under the Polish Consumer Rights Act. Manufacturers' warranties are not affected.
  6. The Seller is not liable for non-conformity caused by improper storage or use of the Products after delivery.

§10. Obligations of the Buyer

  1. The Buyer undertakes to:
    1. ensure that Products are used only by persons qualified and authorised to do so, in accordance with the manufacturer's instructions for use;
    2. comply with the law of the country where the Products are used or resold;
    3. not resell the Products to consumers or to persons without the required qualifications;
    4. store the Products according to the manufacturer's instructions;
    5. keep records that allow the Products to be traced (including batch/LOT numbers);
    6. inform the Seller within 2 days of any incident, adverse event or suspected falsification relating to the Products, without prejudice to reporting obligations towards the competent authorities;
    7. cooperate with the Seller and the manufacturer in any field safety corrective action or recall.
  2. The Buyer declares that neither the Buyer nor the persons it represents or for whom it buys the Products are subject to European Union sanctions or other restrictive measures, and that the Products will not be transferred to countries or entities covered by such measures. The Seller may refuse to fulfil a Pre-order or withdraw from a Contract if its performance could breach sanctions or export-control rules.

§11. Liability

  1. To the extent permitted by law, the Seller's liability towards the Buyer is limited to the value of the Contract concerned, and the Seller is not liable for lost profits or indirect damage.
  2. Medical and aesthetic procedures are performed under the sole professional responsibility of the Buyer or the persons performing them. The Seller is not liable for the effects of such procedures.
  3. The Seller is not liable for non-performance or delay caused by force majeure, in particular natural disasters, war, epidemics, decisions of public authorities, strikes or disruptions in the work of carriers.
  4. The limitations in this paragraph do not apply to damage caused intentionally (Article 473 § 2 of the Polish Civil Code), to liability for dangerous products (Articles 4491 et seq. of the Polish Civil Code) or to any other liability that cannot be excluded under mandatory law.

§12. Personal data and copyright

  1. Personal data are processed in accordance with the Privacy Policy.
  2. The content of the Store, including descriptions and photos, is protected by copyright or by the rights of the manufacturers. It may not be copied or used without the right holder's permission.

§13. Changes to the Terms

  1. The Seller may change these Terms for important reasons, in particular a change in the law, in the Store's services or in the way it operates.
  2. Buyers will be informed of changes on the website and by e-mail at least 14 days before they take effect. A Buyer who does not accept the changes may terminate the Account agreement before that date.
  3. Pre-orders placed and Contracts concluded before the change are governed by the previous version.

§14. Final provisions

  1. These Terms and the Contracts are governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. Disputes will be settled by the court having jurisdiction over the Seller's registered office, except disputes with a Sole trader with consumer rights, to which the general rules apply.
  3. In relations with Buyers who are entrepreneurs, the parties exclude the application of Article 661 §§ 1–3 of the Polish Civil Code.
  4. The Terms are published in Polish, English, Ukrainian and Italian. In case of discrepancies the Polish version prevails.