Legal notice

LEGAL NOTICE, HEALTH INFORMATION DISCLAIMER, AND LIMITATION OF LIABILITY

This website, www.PolskaApteczka.com (the “Site”), is owned and operated by Proton Nutrition & Herbs Inc., doing business as Apteczka (“Apteczka,” “Company,” “we,” “us,” or “our”). By accessing or using the Site, purchasing or using any product, or relying on any information provided through the Site or our customer-service channels, you acknowledge that you have read, understood, and agreed to this Legal Notice.

This Legal Notice supplements our Terms of Service, Privacy Policy, Shipping Policy, and Return and Refund Policy. If any provision conflicts with our Terms of Service, the Terms of Service will control to the extent of the conflict.

1. GENERAL INFORMATION ONLY; NO MEDICAL ADVICE

All content made available by Apteczka—including product descriptions, ingredient information, translations, articles, graphics, photographs, videos, reviews, testimonials, recommendations, answers to customer questions, emails, text messages, social-media content, and verbal communications—is provided solely for general informational and educational purposes.

Nothing provided by Apteczka is intended to constitute or replace medical advice, diagnosis, treatment, prescription, counseling, or any other service provided by a licensed healthcare professional. No communication with Apteczka, and no purchase or use of a product sold by Apteczka, creates a physician-patient, pharmacist-patient, dietitian-patient, or other healthcare-provider relationship. Statements made by Company personnel reflect general product information only and must not be interpreted as individualized medical advice.

Never disregard, avoid, or delay seeking professional medical advice because of information obtained from Apteczka. For questions concerning a medical condition, symptoms, medications, supplements, allergies, pregnancy, nursing, surgery, or treatment plan, consult an appropriately licensed healthcare professional.

If you believe you may be experiencing a medical emergency, call 911 or seek emergency medical care immediately.

2. FDA AND DIETARY-SUPPLEMENT DISCLOSURE

Dietary supplements are regulated as a category of food and are not approved by the U.S. Food and Drug Administration (“FDA”) before being marketed in the same manner as prescription or over-the-counter drugs. Unless expressly stated otherwise for a particular regulated product, the presence of a product on the Site must not be interpreted as FDA approval, endorsement, certification, or verification of that product or of any claim concerning it.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

The foregoing statutory disclaimer applies to statements concerning dietary supplements that are subject to Section 403(r)(6) of the Federal Food, Drug, and Cosmetic Act and 21 C.F.R. § 101.93. No statement on the Site should be interpreted as representing that a dietary supplement can diagnose, mitigate, treat, cure, or prevent any disease.

3. RESPONSIBLE PRODUCT SELECTION AND USE

You are solely responsible for determining, with the assistance of a qualified healthcare professional when appropriate, whether a product is suitable for you or for any person for whom you purchase it.

Before using any product, carefully read and follow the current manufacturer’s label, ingredient list, directions, dosage instructions, warnings, contraindications, age restrictions, storage requirements, and expiration information appearing on the product actually received.

Consult a qualified healthcare professional before using any dietary supplement, cosmetic, personal-care product, or other wellness product if you:

  • are pregnant, trying to become pregnant, or nursing;

  • are under 18 years of age or are purchasing for a minor;

  • have an allergy, sensitivity, chronic illness, or diagnosed medical condition;

  • take prescription drugs, over-the-counter medications, or other supplements;

  • are scheduled for surgery or a medical procedure; or

  • are uncertain about ingredients, dosage, interactions, or suitability.

Natural, herbal, cosmetic, and dietary-supplement products may cause allergic reactions, sensitivities, adverse effects, or interactions and are not inherently risk-free. Discontinue use and obtain appropriate medical attention if an adverse reaction occurs. Do not exceed labeled directions or use a product for a purpose not authorized or recommended by its manufacturer.

4. PRODUCT INFORMATION, TRANSLATIONS, AND IMPORTED GOODS

Apteczka sells products manufactured, packaged, and labeled by independent third parties, including products manufactured or originally marketed outside the United States. We make reasonable efforts to present accurate and current information; however, manufacturers and suppliers may change a product’s formulation, ingredients, concentration, packaging, appearance, quantity, country-specific labeling, instructions, or warnings without prior notice to us.

Product photographs are illustrative, and packaging received may differ from images shown on the Site. English-language summaries or translations are provided for convenience and may not reproduce every word, nuance, or country-specific statement appearing on original packaging.

In all cases, the manufacturer’s current label and instructions accompanying the product actually received take precedence over photographs, summaries, translations, archived descriptions, or other Site content. Do not use a product if its label is missing, illegible, damaged, inconsistent with the product received, or not understood by the intended user; contact us before use.

To the fullest extent permitted by applicable law, Apteczka does not warrant that Site content, product descriptions, translations, images, ingredient lists, availability information, or other content will be complete, current, or error-free. Nothing in this section limits any non-waivable right or remedy arising from a materially false or misleading representation.

5. MANUFACTURER CLAIMS; TESTIMONIALS AND REVIEWS

References to product characteristics, traditional uses, manufacturer statements, published materials, customer reviews, or testimonials do not constitute an endorsement, guarantee, or representation by Apteczka that any user will obtain the same or any particular result. Individual experiences vary. Reviews and testimonials describe the opinions or experiences of their authors and are not medical or scientific evidence.

Except where Apteczka expressly states that a representation is its own, claims originating from a manufacturer, distributor, supplier, customer, or other third party remain the responsibility of that third party.

We reserve the right, but do not assume an obligation, to correct, remove, or decline to publish content that we believe is inaccurate, unlawful, misleading, or inappropriate.

6. THIRD-PARTY PRODUCTS AND WARRANTIES

Apteczka is a retailer and, unless expressly identified otherwise, is not the manufacturer, formulator, or laboratory responsible for the products offered on the Site. Product names, trademarks, labels, and manufacturer materials belong to their respective owners.

The sale of a third-party product does not constitute our independent guarantee of that product’s safety, effectiveness, merchantability, fitness for a particular purpose, or compatibility with an individual user.

Any manufacturer warranty, if offered, is provided solely under the manufacturer’s stated terms. Apteczka does not adopt or expand any manufacturer warranty merely by selling the product. This section does not exclude or restrict warranties, duties, or remedies that applicable law does not permit a seller to disclaim.

7. SITE AVAILABILITY, ERRORS, AND THIRD-PARTY LINKS

The Site and its content are provided on an “as is” and “as available” basis. We do not guarantee uninterrupted, secure, timely, or error-free access.

Prices, promotions, inventory, product details, shipping estimates, and other information may contain typographical, technical, supplier, or system errors. We reserve the right to correct errors, update information, limit quantities, reject or cancel orders, and discontinue products, subject to applicable law and our other posted policies.

The Site may contain links to third-party websites or services. Apteczka does not control and is not responsible for their content, security, privacy practices, availability, products, services, or statements. Access to any third-party resource is at the user’s discretion and risk.

8. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APTECZKA AND PROTON NUTRITION & HERBS INC. DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITE, ITS CONTENT, COMMUNICATIONS, AND PRODUCTS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

NO ORAL OR WRITTEN INFORMATION PROVIDED BY APTECZKA CREATES A WARRANTY UNLESS EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED COMPANY REPRESENTATIVE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.

9. ASSUMPTION OF RISK

To the fullest extent permitted by law, you acknowledge that product selection and use involve individual considerations and risks. You voluntarily assume the risks arising from your failure to:

  • read or follow the current product label;

  • disclose relevant information to your healthcare provider;

  • obtain appropriate professional advice;

  • observe contraindications or warnings; or

  • use a product as directed.

You are responsible for safely storing products and keeping them away from children, pets, and any person for whom they are not intended.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APTECZKA, PROTON NUTRITION & HERBS INC., AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL; OR DAMAGES ARISING FROM OR RELATED TO:

  • ACCESS TO, USE OF, OR INABILITY TO USE THE SITE;

  • RELIANCE ON SITE CONTENT, TRANSLATIONS, PRODUCT INFORMATION, REVIEWS, TESTIMONIALS, OR CUSTOMER-SERVICE COMMUNICATIONS;

  • THE SELECTION, PURCHASE, MISUSE, COMBINATION, STORAGE, OR USE OF ANY PRODUCT;

  • UNDISCLOSED ALLERGIES, MEDICAL CONDITIONS, MEDICATIONS, SUPPLEMENTS, OR OTHER INDIVIDUAL RISK FACTORS;

  • THIRD-PARTY PRODUCTS, ACTS, OMISSIONS, WEBSITES, DELIVERY SERVICES, MANUFACTURERS, DISTRIBUTORS, OR SUPPLIERS; OR

  • INTERRUPTIONS, ERRORS, OMISSIONS, SECURITY EVENTS, OR OTHER TECHNICAL ISSUES,

REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF APTECZKA AND PROTON NUTRITION & HERBS INC. ARISING FROM A CLAIM RELATING TO A PARTICULAR PRODUCT OR TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO APTECZKA FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM.

NOTHING IN THIS LEGAL NOTICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING ANY LIABILITY OR CONSUMER RIGHT MADE NON-WAIVABLE BY APPLICABLE LAW. THESE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT ENFORCEABLE IN THE APPLICABLE JURISDICTION.

11. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Apteczka, Proton Nutrition & Herbs Inc., and their owners, officers, directors, employees, agents, contractors, affiliates, successors, and assigns from claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from:

  • your unlawful use of the Site;

  • your material breach of this Legal Notice;

  • misuse or unauthorized resale of a product;

  • violation of a third party’s rights; or

  • submission of unlawful, false, or misleading content.

This obligation does not apply to the extent a claim results from conduct for which Apteczka may not lawfully require indemnification.

12. GOVERNING LAW AND VENUE

Except where the mandatory law of another jurisdiction applies, this Legal Notice and any dispute relating to it will be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

Subject to any non-waivable right you may have, exclusive venue will lie in the state or federal courts located in Cook County, Illinois, and you consent to their personal jurisdiction.

13. SEVERABILITY; NO WAIVER

If any provision of this Legal Notice is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

A failure by Apteczka to enforce any provision is not a waiver of that provision or of the right to enforce it later.

14. CHANGES TO THIS NOTICE

We may revise this Legal Notice from time to time by posting an updated version on the Site and changing the “Last Updated” date. Changes apply prospectively from the date posted, except where applicable law requires additional notice or consent.

15. CONTACT INFORMATION

Questions regarding this Legal Notice may be directed to:

Proton Nutrition & Herbs Inc. d/b/a Apteczka
6148 W Belmont Ave
Chicago, IL 60634
Email: apteczka@polskaapteczka.com
Phone: 312-623-6398
Website: www.PolskaApteczka.com