Terms and Conditions - Icare online Products

Icare Online Products ensures the protection of consumer rights. A consumer cannot waive the rights granted to them under the Consumer Rights Act. Any provisions of contracts less favorable to the consumer than those of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act will apply instead. The provisions of these Terms and Conditions do not aim to exclude or limit any consumer rights granted under binding legal provisions, and any doubts should be interpreted in favor of the consumer. In the case of any discrepancies between the provisions of these Terms and Conditions and legal provisions, the latter will take precedence and should be applied.

General Provisions
Electronic Services in the Online Store
Conditions for Concluding a Sales Contract
Methods and Terms of Payment for the Product
Costs, Methods, and Delivery Time of the Product
Warranty, Complaints, and Product Returns
Out-of-Court Complaint Handling and Dispute Resolution Procedures
Right to Withdraw from the Contract
Provisions Concerning Entrepreneurs
Final Provisions

1. General Provisions

1.1. The Icare Online Products store, available at https://icare-online.eu/products/, is operated by Technische Universität Dresden, Professur Klinische Psychologie und E-Mental-Health, Chemnitzer Straße 46, 01187 Dresden.

1.2. These Terms and Conditions are directed to both consumers and business entities using the Online Store (with the exception of clause 9, which applies solely to business entities).

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, within the scope, and based on the grounds indicated in the privacy policy published on the Online Store’s website. The privacy policy contains information on the processing of personal data by the Administrator, including the grounds, purposes, and scope of processing, as well as the rights of individuals whose data is being processed, and the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the user or customer of the Online Store is voluntary, with exceptions as indicated in the privacy policy (e.g., for contract conclusion or legal obligations of the Seller).

1.4. Definitions:

1.4.1. Business Day – one day from Monday to Friday, excluding public holidays.

1.4.2. Registration Form – a form available in the Online Store allowing the creation of an account.

1.4.3. Order Form – an electronic service, an interactive form available in the Online Store enabling the placement of an order, particularly by adding Products to an electronic cart and defining the terms of the Sales Contract, including the method of delivery and payment.

1.4.4. Client – (1) a natural person with full legal capacity, and in cases provided by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has the capacity to enter into contracts and intends to or has entered into a Sales Contract with the Seller.

1.4.5. Civil Code – the Polish Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).

1.4.6. Account – an electronic service, a collection of resources marked with an individual name (login) and password provided by the Service Recipient in the Service Provider’s IT system, where the data provided by the Service Recipient and information about their orders in the Online Store are collected.

1.4.7. Product – a movable item available in the Online Store, subject to the Sales Contract between the Client and the Seller.

1.4.8. Terms and Conditions – these terms and conditions of the Online Store.

1.4.9. Online Store – the Online Store of the Service Provider available at https://icare-online.eu/products/.

1.4.10. Seller / Service Provider – the Online Store Icare Online Products, operated by Technische Universität Dresden, Professur Klinische Psychologie und E-Mental-Health, Chemnitzer Straße 46, 01187 Dresden.

1.4.11. Sales Contract – a sales contract for a Product concluded between the Client and the Seller via the Online Store.

1.4.12. Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.13. Service Recipient – (1) a natural person with full legal capacity, and in cases provided by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has the capacity to enter into contracts and is using or intends to use an Electronic Service.

1.4.14. Consumer Rights Act – the Polish Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).

1.4.15. Order – a declaration of intent by the Client submitted via the Order Form and aimed directly at concluding a Sales Contract for a Product with the Seller.

2. Electronic Services in the Online Store

2.1. The following Electronic Services are available in the Online Store: Account, Order Form.

2.1.1. Account – Creating an Account is possible after completing three consecutive steps: (1) filling in the Registration Form, (2) clicking the „Create Account” button, and (3) confirming the creation of the Account by clicking the confirmation link sent to the email address provided by the Service Recipient. The Registration Form requires the Service Recipient to provide the following data: first name, last name/company name, address (street, building number/apartment number, postal code, city, country), email address, and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).

2.1.2. The Electronic Service „Account” is provided free of charge for an indefinite period. The Service Recipient has the option to delete the Account at any time without giving a reason by sending a request to the Service Provider, particularly via email or in writing to the address of Technische Universität Dresden, Professur Klinische Psychologie und E-Mental-Health, Chemnitzer Straße 46, 01187 Dresden.

2.1.3. Order Form – The use of the Order Form begins when the Client adds the first Product to the electronic cart in the Online Store. Placing an order is done after completing two consecutive steps by the Client: (1) filling out the Order Form and (2) clicking the „Order and Pay” button on the Online Store’s website.

2.1.4. The Electronic Service „Order Form” is provided free of charge and is one-time in nature. It terminates at the moment the Order is placed through it, or when the Service Recipient ceases placing the Order through the Order Form.

2.2. Technical requirements necessary to work with the IT system used by the Service Provider:

A computer, laptop, or other multimedia device with internet access.
Access to email.
An internet browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher.
A recommended minimum screen resolution of 1024×768 pixels.
Cookies and JavaScript must be enabled in the web browser.

2.3. The Service Recipient is obligated to use the Online Store in a manner consistent with the law and good customs, respecting the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Service Recipient is obligated to provide accurate information. The Service Recipient is prohibited from supplying unlawful content.

2.4. Complaint procedure regarding Electronic Services:

2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the procedure for complaints about the Product, which is covered in clauses 6 and 7 of the Terms and Conditions) may be submitted by the Service Recipient, for example:

In writing to: Technische Universität Dresden, Professur Klinische Psychologie und E-Mental-Health, Chemnitzer Straße 46, 01187 Dresden.
Electronically via email.

2.4.2. It is recommended that the Service Recipient includes the following information in the complaint description:

Information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity.
The Service Recipient’s request.
Contact details of the person submitting the complaint – to facilitate and expedite handling the complaint by the Service Provider.

2.4.3. The Service Provider will respond to the complaint immediately, but no later than within 14 calendar days from the date of submission.

3. Conditions for Concluding a Sales Contract

3.1. The conclusion of a Sales Contract between the Client and the Seller occurs after the Client places an order through the Order Form in the Online Store, in accordance with clause 2.1.3 of the Terms and Conditions.

3.2. The price of the Product displayed on the Online Store website is shown in euros (EUR) and includes all applicable taxes. The total price of the Product, including applicable taxes, as well as delivery costs (including shipping, postal, and any other charges), and any additional costs, will be communicated to the Client on the Online Store pages when placing the Order, and also at the time of the Client’s expression of intent to enter into the Sales Contract.

3.3. The procedure for concluding a Sales Contract in the Online Store via the Order Form:

3.3.1. The conclusion of the Sales Contract between the Client and the Seller takes place after the Client places an order in the Online Store in accordance with clause 2.1.3 of the Terms and Conditions.

3.3.2. After placing the Order, the Seller promptly confirms receipt of the Order and simultaneously accepts it for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending the Client an appropriate email to the email address provided during the placement of the Order. This email contains at least the Seller’s statements confirming receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Contract. Upon receiving this email by the Client, the Sales Contract between the Client and the Seller is considered concluded.

3.4. The content of the Sales Contract is recorded, secured, and made available to the Client by (1) providing these Terms and Conditions on the Online Store’s website, and (2) sending the Client an email referred to in clause 3.3.2.

3.5. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Store.

4. Methods and Terms of Payment for the Product

4.1. The Seller provides the Client with the following payment methods for the Sales Contract:

4.1.1. Payment on delivery (cash on delivery) when receiving the shipment.

4.1.2. Cash payment upon personal pickup.

4.2. Payment Terms:

4.2.1. In the case of selecting cash payment upon personal pickup, bank transfer, electronic payment, or credit card payment, the Client is obligated to make the payment within 7 calendar days from the date of concluding the Sales Contract.

4.2.2. In the case of selecting cash on delivery when receiving the shipment, the Client is obligated to make the payment at the time of receiving the shipment.

5. Costs, Methods, and Delivery Time of the Product

5.1. Delivery of the Product is available within the territory of the European Union.

5.2. The delivery of the Product to the Client is paid unless the Sales Contract states otherwise. Delivery costs of the Product (including transport, shipping, and postal service fees) are indicated to the Client on the Online Store’s „Delivery Information” page and during the placement of the Order, including at the moment when the Client expresses their intention to enter into the Sales Contract.

5.3. Personal pickup of the Product by the Client is free of charge.

5.4. The Seller provides the Client with the following methods of delivery or pickup of the Product:

5.4.1. Courier delivery, cash on delivery courier delivery, postal delivery, and pickup at a designated location (parcel lockers).

5.4.2. Personal pickup available at the following address: Chemnitzer Straße 46, 01187 Dresden, during business days between 9:00 AM and 5:00 PM.

5.5. The delivery time of the Product to the Client is up to 5 business days unless a shorter delivery time is indicated in the Product description or during the Order process. In the case of Products with different delivery times, the delivery time is the longest indicated time, which, however, cannot exceed 5 business days. The start of the delivery time is counted as follows:

5.5.1. In the case of selecting bank transfer, electronic payment, or credit card payment – from the date of crediting the Seller’s bank account or settlement account.

5.5.2. In the case of selecting cash on delivery – from the date of concluding the Sales Contract.

5.6. Readiness of the Product for pickup – in the case of selecting personal pickup, the Product will be ready for pickup by the Client within up to 4 business days, unless a shorter time is indicated in the Product description or during the Order process. In the case of Products with different pickup readiness times, the pickup readiness time is the longest indicated time, which, however, cannot exceed 4 business days. The Client will additionally be informed of the Product’s readiness for pickup by the Seller via an email sent to the address provided during the Order process. The start of the pickup readiness time is counted as follows:

5.6.1. In the case of selecting bank transfer, electronic payment, or credit card payment – from the date of crediting the Seller’s bank account or settlement account.

5.6.2. In the case of selecting cash payment upon personal pickup – from the date of concluding the Sales Contract.

5.7. In the event of an order for a product that is out of stock (e.g., missing size, color, etc.), the seller will inform the buyer about the extended delivery time, with the option to cancel the placed order at the client’s request.

6. Warranty and Complaints

6.1. The basis and scope of the Seller’s liability towards the Client, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable legal provisions, in particular in the Civil Code (especially Articles 556-576 of the Civil Code).

6.1.1. The Seller provides a 2-year warranty on the Product from the date of purchase.

6.2. The Seller is obligated to deliver the Product to the Client without defects.

6.3. The Client may file a complaint, for example:

6.3.1. In writing to the following address: Chemnitzer Straße 46, 01187 Dresden.

6.3.2. Electronically via email.

6.3.3. By completing the complaint form available on the „Complaints” page of the Online Store.

6.4. It is recommended that the Client provide the following information in the complaint description:

6.4.1. Details and circumstances regarding the subject of the complaint, in particular, the type and date of the defect.

6.4.2. The Client’s request for how to bring the Product into conformity with the Sales Contract or a statement about price reduction or withdrawal from the Sales Contract.

6.4.3. Contact details of the person submitting the complaint – this will facilitate and expedite the handling of the complaint by the Seller. The aforementioned requirements are only recommendations and do not affect the effectiveness of complaints filed without the suggested description.

6.5. The Seller will respond to the Client’s complaint promptly, no later than 14 calendar days from the date of submission. If the Client, being a consumer, has requested the replacement of the item or the removal of the defect, or submitted a statement about price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was justified.

6.6. A Client who exercises their rights under the warranty is obligated to deliver the defective Product to the following address: Chemnitzer Straße 46, 01187 Dresden. In the case of a consumer Client, the cost of delivering the Product is borne by the Seller, whereas in the case of a non-consumer Client, the cost of delivery is borne by the Client. If, due to the nature of the Product or its installation, delivering the Product by the Client would be excessively difficult, the Client is obligated to make the Product available to the Seller at the location where the Product is located.

7. Out-of-Court Complaint and Claim Settlement Procedures and Access to These Procedures

7.1. Detailed information regarding the possibility for a consumer Client to use out-of-court complaint and claim settlement procedures and the rules for accessing these procedures are available on the website of the Office of Competition and Consumer Protection.

7.2. A contact point operates under the Office of Competition and Consumer Protection. Its tasks include providing assistance to consumers in matters related to out-of-court resolution of consumer disputes.

7.3. Consumers have the following options for using out-of-court complaint and claim settlement procedures:

7.3.1. Submitting a request for dispute resolution to a permanent consumer arbitration court.

7.3.2. Submitting a request for out-of-court dispute resolution to the regional inspector of the Trade Inspection (more information available on the website of the inspector responsible for the place of business of the Seller).

7.3.3. Seeking assistance from a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Assistance is provided via email or through the consumer helpline.

7.4. At http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive, multilingual website offering a one-stop-shop for consumers and businesses seeking to resolve disputes arising from online sales or service contracts (more information is available on the platform’s website or at the Office of Competition and Consumer Protection website.

8. Right to Withdraw from the Contract

8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the withdrawal deadline, it is sufficient to send a statement before its expiration. The statement of withdrawal from the contract can be submitted, for example:

8.1.1. In writing to: Chemnitzer Straße 46, 01187 Dresden;

8.1.2. Electronically via email;

8.1.3. By filling out the return form on the „Returns” page of the website.

8.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available on the Online Store website in the „Return or Complaint” section. The consumer may use the sample form, but it is not mandatory.

8.3. The deadline for withdrawal from the contract begins:

8.3.1. For contracts in which the Seller delivers the Product, being obligated to transfer its ownership (e.g., a Sales Contract) – from the moment the Product is taken into possession by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract that:

8.3.1.1. Covers multiple Products that are delivered separately, in parts, or in pieces – from the moment the last Product, part, or piece is taken into possession;

8.3.1.2. Involves the regular delivery of Products over a specified period – from the moment the first Product is taken into possession.

8.3.2. For other contracts – from the date of the contract conclusion.

8.4. In the case of withdrawal from a distance contract, the contract is considered void.

8.5. The Seller is obligated to promptly, no later than 14 calendar days from the date of receipt of the consumer’s statement of withdrawal, return all payments made by the consumer, including the costs of delivering the Product (except for additional costs resulting from the Client’s choice of a delivery method other than the least expensive ordinary delivery method available in the Online Store). The Seller will return the payment using the same payment method used by the consumer unless the consumer has explicitly agreed to a different method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer, they may withhold reimbursement until they have received the Product back or the consumer provides proof of return, whichever occurs first.

8.6. The consumer is obligated to return the Product to the Seller immediately, no later than 14 calendar days from the date of withdrawal from the contract, or to hand it over to a person authorized by the Seller to collect it unless the Seller has offered to collect the Product. To meet the deadline, it is sufficient to send the Product back before the expiration of the 14-day period. The consumer may return the Product to the following address: Chemnitzer Straße 46, 01187 Dresden.

8.7. The consumer is responsible for any diminished value of the Product resulting from handling it in a manner beyond what is necessary to determine its nature, characteristics, and functioning.

8.8. Possible costs associated with the consumer’s withdrawal from the contract that the consumer is required to bear:

8.8.1. If the consumer has chosen a delivery method other than the least expensive ordinary delivery method available in the Online Store, the Seller is not required to reimburse the consumer for the additional costs incurred.

8.8.2. The consumer bears the direct cost of returning the Product.

8.8.3. In the case of a service that has already begun – at the explicit request of the consumer – before the withdrawal period expires, the consumer is required to pay for the services provided up to the point of withdrawal. The amount to be paid is calculated proportionally to the extent of the service performed, based on the total price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating the amount will be the market value of the services performed.

8.9. The right to withdraw from a distance contract does not apply to the consumer in respect to contracts:

8.9.1. For the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who has been informed before the performance that they will lose the right to withdraw once the service has been fully performed.

8.9.2. In which the price or remuneration depends on fluctuations in the financial market, which are beyond the Seller’s control, and which may occur before the withdrawal period expires.

8.9.3. Where the subject of the performance is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to meet their individualized needs.

8.9.4. Where the subject of the performance is a Product that is perishable or has a short shelf life.

8.9.5. Where the subject of the performance is a Product delivered in sealed packaging, which, after being opened, cannot be returned due to health protection or hygiene reasons if the packaging has been opened after delivery.

8.9.6. Where the subject of the performance are Products that, after delivery, by their nature, are inseparably mixed with other items.

8.9.7. Where the subject of the performance are alcoholic beverages, the price of which was agreed upon when concluding the Sales Contract, and which can be delivered only after 30 days, and whose value depends on market fluctuations that are beyond the Seller’s control.

8.9.8. Where the consumer has explicitly requested the Seller to visit them for urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than replacement parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products.

8.9.9. Where the subject of the performance are audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery.

8.9.10. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts.

8.9.11. Concluded at a public auction.

8.9.12. For the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure activities, entertainment events, sports, or cultural events, if the contract specifies a specific date or period for the performance.

8.9.13. For the supply of digital content that is not supplied on a tangible medium if the performance has begun with the consumer’s express consent before the withdrawal period has expired, and the consumer has been informed that they will lose the right to withdraw.

9. Provisions Concerning Entrepreneurs

9.1. This section of the Terms and Conditions and the provisions contained herein apply only to Clients and Service Recipients who are not consumers.

9.2. The Seller reserves the right to withdraw from the Sales Contract concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case can occur without providing a reason and does not give the Client who is not a consumer any claims against the Seller.

9.3. In the case of Clients who are not consumers, the Seller may limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the Client and the fact of concluding the Sales Contract.

9.4. Upon the Seller handing the Product over to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage, pass to the Client who is not a consumer. The Seller is not responsible for the loss, reduction, or damage of the Product after handing it over to the carrier, nor for delays in shipment.

9.5. If the Product is shipped to the Client via a carrier, the Client who is not a consumer is required to inspect the shipment at the time and in the manner typical for shipments of this type. If the Client finds that the Product was lost or damaged during transport, they are obligated to take all necessary steps to establish the carrier’s liability.

9.6. In accordance with Article 558 § 1 of the Polish Civil Code, the Seller’s warranty liability for the Product is excluded for Clients who are not consumers.

9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without providing reasons by sending an appropriate statement to the Service Recipient.

9.8. The liability of the Service Provider/Seller to the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited – both for individual claims and all claims in total – to the amount paid for the Product and delivery costs under the Sales Contract, but not more than 1,000 euros. The Service Provider/Seller is liable to the Service Recipient/Client who is not a consumer only for typical, foreseeable damages at the time of contract conclusion and is not liable for lost profits in relation to the Service Recipient/Client who is not a consumer.

9.9. Any disputes arising between the Seller/Service Provider and a Client/Service Recipient who is not a consumer are submitted to the court competent for the seat of the Seller/Service Provider.

10. Final Provisions

10.1. Contracts concluded via the Online Store are concluded in English.

10.2. Amendment of the Terms and Conditions:

10.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e., changes in legal provisions, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2. For continuous contracts (e.g., provision of Electronic Services – Account) concluded under these Terms and Conditions, the amended terms and conditions bind the Service Recipient if the requirements of Articles 384 and 384[1] of the Civil Code are met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days of being notified. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer Service Recipient has the right to withdraw from the contract.

10.2.3. For contracts other than continuous contracts (e.g., Sales Contracts), amendments to the Terms and Conditions do not affect the rights of Service Recipients/Clients who are consumers acquired prior to the effective date of the amendments, in particular, amendments to the Terms and Conditions do not affect Orders already placed or submitted and Sales Contracts concluded, implemented, or executed.

10.3. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Contracts concluded from December 25, 2014, with consumer Clients – the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item 827, as amended); and other relevant provisions of generally applicable law.

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