Terms of sale and cooperation with NLA Systems sp. z o.o.
§ 1 – General provisions
1. These Terms set out the rules for the sale of products and provision of services by NLA Systems Sp. z o.o., with its registered office in Bydgoszcz, ul. Wojska Polskiego 65A/108 (KRS 0001112242, NIP 9532804488), hereinafter referred to as the “Seller”.
2. These Terms apply to all transactions conducted through www.nla-systems.com, the store metatronstore.com, classified advertising platforms, direct business contacts and other forms of cooperation.
3. Placing an order, accepting a product, taking part in training or signing an agreement constitutes full and unconditional acceptance of these Terms.
§ 2 – Nature of the devices and scope of liability
1. Products offered by the Seller, including including METATRON, Plasma Therapy, Plasma Connect and PT-3, are not medical devices within the meaning of the Polish Act of 20 May 2010 on Medical Devices.
2. These devices are not intended for diagnosis, treatment, prevention or health monitoring within the meaning of conventional medicine.
3. The Buyer acknowledges that all decisions regarding how the device is used are made independently and at the Buyer’s own responsibility, in accordance with the laws applicable in Poland and the European Union.
4. The Seller is not liable for consequences arising from use of products contrary to their intended purpose, instructions or applicable law.
§ 3 – Warranty
1. Products are covered by a 12-month warranty from the date of handover or signing of the acceptance report.
2. The warranty does not cover:
– consumable parts (lamps, cases, cables, pads, fuses, covers, etc.),
– damage caused by unauthorised repairs, modifications or interference with the device,
– transport damage resulting from inadequate protection or a lack of shipment insurance.
3. For warranty repairs, the Buyer agrees to send an insured parcel marked “handle with care”, insured for the gross value stated on the purchase document.
§ 4 – Limitation of liability
1. The Seller does not guarantee results obtained using the device and is not liable for any side effects, financial losses, business interruptions or indirect damage related to its use.
2. The Buyer agrees to use the products at their own risk, and any third parties using the device with the Buyer’s consent have no right to bring any claims against the Seller.
3. The Buyer confirms understanding the nature and intended purpose of the devices offered by the Seller and that they are not a substitute for medical procedures consistent with current medical knowledge.
§ 5 – Withdrawal from the agreement
1. A Buyer who is a consumer has the right to withdraw from the agreement within 14 days of receiving the product.
2. In the event of withdrawal, each commenced 24-hour period of product use starting from the 15th day is treated as rental at EUR 34.32 gross per day.
3. The product must be returned with all accessories, in an undeteriorated condition and in appropriately protected and insured packaging.
4. Charges for additional services, configuration, training, activation, calibration and travel are non-refundable.
§ 6 – Exclusions from the right of withdrawal
1. Under Article 38(13) of the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287), the consumer has no right of withdrawal:
– for digital content not supplied on a tangible medium, if performance began with the consumer’s express consent and after the consumer was informed of the loss of the right of withdrawal,
– for services fully performed with the consumer’s consent before expiry of the withdrawal period,
– after training, configuration, calibration or consultancy services have begun,
– once rental of a device has begun.
2. The above provisions implement Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
§ 7 – Buyer’s obligations
1. The Buyer agrees to use the devices in accordance with the instructions, these Terms and applicable law.
2. The Buyer may not promote, advertise or suggest that devices offered by the Seller have any diagnostic, healing or therapeutic properties within the meaning of the regulations governing healthcare services.
§ 8 – Declaration
1. Whenever a sales agreement is concluded, an acceptance report signed, training started or another form of cooperation begun, the Buyer must personally sign a declaration in which the Buyer:
– confirms having read and fully accepted these Terms without reservation,
– waives all current and future claims against the Seller and its affiliated entities that could arise from purchasing, using or making the products available to others.
§ 9 – Responsibility for promotional activities
1. Full responsibility for any promotional, advertising or informational activities concerning the devices offered by the Seller, including in particular suggestions of their effectiveness in a health context, rests exclusively with the Buyer.
2. If the Buyer or persons acting with the Buyer’s consent breach the law, the Buyer bears full civil, administrative and financial liability.
3. Any actions by the Buyer attributing health-related, therapeutic or healing properties to the devices cannot give rise to any claims against the Seller.
§ 10 – Final provisions
1. All disputes will be heard by the court with territorial jurisdiction over the Seller’s registered office.
2. These Terms may be updated following changes in the law; the current version is available on the website www.nla-systems.com.
3. These Terms form an integral part of every agreement with the Seller, regardless of the form in which the transaction is concluded.
§ 11 – Protective provisions
1. NLA Systems Sp. z o.o. stipulates that any information provided to the Buyer orally, in writing or electronically during presentations, business discussions, training, instructions or in advertising or informational materials is for information only and does not constitute medical, diagnostic or therapeutic advice.
2. All training materials, user manuals, graphics, presentations and know-how made available to the Buyer remain the Seller’s intellectual property and may not be copied, modified, distributed or disclosed to third parties without the Seller’s written consent.
3. The Buyer agrees not to use the Seller’s trademarks, trade names, logos, product names or promotional materials in a way that could suggest an association with treatment, diagnostic or medical activities.
4. If the Buyer disseminates unauthorised content suggesting that the devices are effective for medical purposes or damaging the company’s reputation, the Seller reserves the right to terminate the agreement immediately, pursue compensation claims and notify the relevant supervisory authorities.
5. The Buyer is not authorised to act on behalf of NLA Systems Sp. z o.o., make declarations of intent, give guarantees or take other actions that could have legal consequences for the Seller.
6. The Buyer agrees to inform the Seller immediately of any use of the device that could result in legal or administrative proceedings against either party.