Terms of service

TERMS OF SALE

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms of Sale (these “Terms”) apply to your purchase of goods from PRO-PROJECT GROUP SP. Z O.O. (the “Company” “we,” or “us”). Please review these Terms carefully as they govern your purchase of products from https://diagnomatic.myshopify.com/ or any related sites (the “Site”). We may modify or amend these Terms (including the Privacy Policy) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion.
Prices. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices include taxes, duties, and charges for shipping and handling. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Payment. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept all major credit cards and PayPal. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipping; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. We will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
No Returns or Refunds. ALL SALES ARE FINAL. We do not accept returns or offer refunds. For defective products, please refer to the manufacturer's warranty.
Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by the manufacturer's warranty. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent no prohibited by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.

Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Nevada.
Dispute Resolution and Binding Arbitration.
1. YOU AND THE COMPANY HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notices.
1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to contact@diagnomatic.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to PRO-PROJECT GROUP SP. Z O.O., UL. KWIATOWA 43A, 22-105 OKSZOW, POLAND. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective three business days after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement. Our order confirmation and these Terms will be deemed the final and integrated agreement between you and us regarding your purchase and any other matters related to these Terms.
Privacy. This Section 17 (the “Privacy Policy”) describes how the Company uses and collects your personal information (defined below). We may provide additional or supplemental privacy policies for specific products that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process such personal information in the context of the specific product.
1. Categories and Types of Information We Collect.

“Personal information” means any information relating to an identified or identifiable individual. To provide you with products, including access to the Site, we need to collect and process some of your personal information.

We collect and retrieve your personal information in a number of different ways. Why we collect your information and what we do with it depends on the type of information. Below please find details regarding the categories and specific pieces of information that, alone or in combination, may be personal information.

Personal and contact information, such as first and last name, alias, postal address, phone number, email address, and similar information for you or anyone else whose information you provide.
Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us via email, chat sessions, blog postings, phone calls, postal mail, or through any other channel with product questions, support questions, marketing preferences such as opt-in or opt-out choices.
Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us via email, chat sessions, blog postings, phone calls, postal mail, or through any other channel with product questions, support questions, marketing preferences such as opt-in or opt-out choices, or with photographs or images.
Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
Payment and Transaction information, such as billing address, generic payment type, last four of credit card if you opt in to provide such information for convenience during the purchase process, items in your cart, purchases you made, what you purchased, and when you made the purchase.
Mobile information, such as phone number, wireless carrier name, date, time, and content of text messages you send to us, and any other mobile information you provide, and any information that be collected by your wireless carrier in accordance with their terms.
Other information that we may collect which is not specifically listed here, but which we will use in accordance with these Terms or as otherwise disclosed at the time of collection.

How and Why We Use Your Personal Information. We may use your personal information for the following purposes and as otherwise described in these Terms at the time of collection:

To complete transactions and operate the Site. We use your personal information to operate the Site and to process transactions including to help you select, purchase, return and exchange items, to ship items, to provide support regarding purchases or inquiries regarding our products.
To send you marketing and promotional communications. We may send you marketing communications via different channels as permitted by law. You will have the ability to opt-out of our marketing and promotional communications.
To comply with law. We may use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Site; (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity; and (d) conduct, complete, or respond to audits or audit results.
With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by applicable law.
To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We process personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes and as set forth in these Terms.
For other business purposes. Subject to these Terms, we may use your personal information to engage in other legitimate purposes as required or permitted by applicable law.
1. Information We Share. Except as otherwise set forth in this Privacy Policy, we will not provide access to your personal information to third parties for any unauthorized purpose.
Service Providers. We work closely with third-party providers (our “vendors”) for a variety of purposes, including assisting us to perform and improve the Site, to process your order, to deliver your orders, and to provide advertising and email services. These vendors include hosting companies, payment processors, marketing providers, customer support providers, logistics companies, product manufacturers, product distributors, product resellers, and analytics and security providers. These third parties have limited access to your information and may use your information only to perform these tasks on our behalf.
Business Transfers. Your information will remain subject to the terms of this Privacy Policy even if we undergo a business transition. However, we may transfer your information to a successor person or entity upon an acquisition or other corporate reorganization.
Compliance, fraud prevention, and safety. We may also disclose your information if we have a good faith belief that we are required to do so by law or if acting with a good faith belief that such disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms or the Privacy Policy; (3) respond to legal claims; or (4) protect our business, our Site, or other individuals’ or the publics’ rights, property or safety.
Affiliates. We may share your personal information with corporate affiliates (e.g., sister companies, subsidiaries, joint ventures, or other companies under common control) for purposes consistent with this Privacy Policy and these Terms. This shared information may include email address, phone number, transaction information, and electronic identifiers.
With your consent. We may otherwise share your personal information with your consent or pursuant to your instructions.
For other business purposes. We may share your personal information for other legitimate purposes as required or permitted by applicable law.
1. Your Choices.
Choosing not to share your personal information. You may choose not to provide personal information. If you choose not to provide personal information (or ask us to delete it), we may not be able to provide you with our products. We will tell you what information you must provide to receive the products by designating it as required at the time of collection or through other appropriate means.
Opt out of marketing communications. You may opt out of marketing-related email and text messages by following the opt-out or unsubscribe instructions in the communication, or by contacting us in the notice section of these Terms. If you opt out of marketing communications, you may continue to receive service-related and other non-marketing emails.
Cookies & browser web storage and targeted online advertising. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Site and third-party websites or applications. If business partners collect information about your activities on or through the Site, they may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.
Credit Card Information. Our vendors may collect and use your credit card information to complete transactions for Products you purchase. These vendors may save your credit card information for your convenience to ease the purchasing process for subsequent transactions. We do not collect, use, or store your credit card information, except the limited information set forth above. You may be able to configure settings with these vendors to change or remove your saved credit card information in accordance with the terms of those vendors. Please visit their websites for more details.
1. Personal Information of Children and Minors. The Site is not directed to individuals under the age of 18 or who have not reached the age of majority in their jurisdiction (“Minors”), and such individuals are not permitted to use the Site, and we do not intentionally collect personal information from them. If we learn that we have collected personal information of a Minor without the consent of their parent or guardian, we will delete it and terminate any applicable user accounts. If you have determined that we have processed such personal information or have any questions related to our processing of personal information of Minors, please contact us as set forth in the Terms.
2. Third Party Websites. The Site may contain links to other websites. Other websites we link to may include social platforms. We also use third-party plug-ins in certain places on our Site. For example, when you click on an icon on our Site to share our products on a third party social platform, you are also loading content from that third-party platform. That website may request cookies directly from your browser. These interactions are subject to the privacy policy and terms of service of the third-party site and not ours. We are not responsible for the privacy practices or the content of such services. We do not make any representations regarding the policies or practices of third parties. When you use third-party websites or services, their own terms and privacy policies will govern your use of those websites or services. We encourage you to read the privacy policies of third parties before disclosing personal information to them.
3. Changes to this Privacy Policy. This Privacy Policy can change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on the Site. In case there is an important change that we want to highlight to you, we will also inform you in another appropriate way if and as required by law (for example via a notice or banner on our Site or via email to you).