Regulations of the B2B platform
These Regulations define the general terms, conditions and method of sale conducted by best Automax Polska Sp. z o.o. based in Krakow, via the B2B automax.pl Platform (hereinafter referred to as: "B2B Platform") and specifies the terms and conditions of the provision by Best Automax Polska Sp. z o.o. based in Krakow free services by electronic means.
§ 1. Definitions
1. Sales Office - Best Automax Polska Sp. z o.o., 30-719 Kraków; ul. Gromada 101.
2. Working days - means days of the week from Monday to Friday, excluding public holidays.
3. Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
4. Supplier - means a courier company with which the Seller cooperates in the delivery of Goods or the Seller's own transport.
5. Password - a string of letters, numbers or other characters selected by the Customer, used to secure access to the Customer Account on the B2B Platform. The password is set by the Seller when registering for the Customer on the B2B Platform.
6. Client - means a natural person, legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
7. Customer Account - means a panel individual for each Customer, launched on his behalf by the Seller.
8. Login - means the Customer's individual identification, determined by the Seller, consisting of a string of letters, numbers or other characters, required together with the Password to log into the Customer Account on the B2B Platform.
9. Regulations - means these regulations of the B2B Platform.
10. Registration - means the actual act performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the B2B Platform.
11. Seller - means an entity running a business under the name of best Automax Polska Sp. z o.o. based in Kraków, (address: 30-719 Kraków, ul. Gromadzka 101), NIP: 679-291-59-87, REGON: 120368721, registered in the Register of Entrepreneurs by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division Of the National Court Register under the number: 0000267930, which is also the owner of the B2B Platform.
12. Website of the B2B Platform - means the websites where the Seller runs the B2B Platform, operating in the domain: automaxpolska.pl.
13. Goods - means the product presented by the Seller via the Website of the B2B Platform.
14. Sales contract - means a sales contract concluded electronically on the terms set out in the Regulations, between the Customer and the Seller.
§ 2. General provisions.
1. All rights to the B2B Platform, including proprietary copyrights, intellectual property rights to its name, Internet domain, B2B Platform Website, as well as to patterns, forms, logos belong to the Seller, and they may only be used in a manner specified and compliant with the Regulations.
2. The B2B platform is made available by the Seller via the Internet and the Website of the B2B Platform as a resource of the ICT and IT system.
§ 3. Using the B2B Platform.
1. Using the B2B Platform means any activity of the Customer that leads to the review of the content on the Website of the B2B Platform, subject to the provisions of §4 of the Regulations.
2. The use of the B2B Platform may only take place on the terms and to the extent specified in the Regulations.
4. In order to place an order on the B2B Platform and in order to use the Services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
5. The customer using the B2B Platform is not entitled to any interference in the content, structure, form, graphics, and the mechanism of operation of the B2B Platform.
6. It is forbidden for the Customer to provide illegal content and use by the Customer of the B2B Platform, B2B Platform Website or free services provided by the Seller in a manner contrary to the law, decency, infringing personal rights of third parties or legitimate interests of the Seller.
7. The customer is entitled to use the resources of the B2B Platform only for his own use. It is not allowed to use the resources and functions of the B2B Platform in order for the Customer to conduct activities that would violate the interests of the Seller.
8. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
§ 4. Registration.
1. In order to create a Customer Account, the Customer notifies the Seller of a willingness to join the B2B Platform.
2. Registration is necessary for customers to place orders on the B2B Platform.
3. In order to register, the Customer fills in the form on the B2B automaxpolska.pl website using the form sent by Best Automax Polska Sp. z o.o. login and password.
4. Filling out the registration form follows the following rules:
a) The customer should complete all fields of the registration form, unless the field is marked as optional;
b) The information entered into the registration form should relate only to the Customer and be truthful, while the Customer is the person responsible for the accuracy of the information entered in the registration form;
c) the customer should read the content of the Regulations;
d) The customer should consent to the processing of his personal data contained in the registration form in order to provide services for him and for statistical purposes, while the customer has the right to access their data and correct and delete them.
5. Sending the completed registration form is equivalent to:
a) acknowledging and accepting the provisions of the Regulations by the Customer;
b) concluding a contract for the provision of services by the Seller in the form of maintaining a Customer Account;
c) authorization of the Seller to process the Customer's personal data contained in the registration form in order to provide the Customer Account maintenance service and for statistical purposes and consent to the Seller transferring to the e-mail address provided by the Customer during Registration, information related to the technical support of the Customer Account.
6. During Registration, the Customer may consent to the processing of his personal data for marketing purposes. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of this data. The consent to the processing of personal data for marketing purposes takes into account that:
a) consent is voluntary and may be withdrawn at any time;
b) The customer to whom the personal data relates has the right to access the content and correct and delete personal data;
c) entrusting the Seller with personal data takes place by checking the appropriate box in the registration form.
7. Expressing consent to the processing of personal data for marketing purposes means, in particular, consent to receive commercial information from the Seller or advertisers cooperating with the Seller to the Customer's e-mail address provided in the registration form.
8. The Customer is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. In the event of circumstances indicating the suspicion that the Password is in the possession of an unauthorized person, the Customer is obliged to immediately notify the Seller of this fact, using the available means of communication. In this case, the Customer will receive a new password from the Seller.
9. The Seller creates and implements safeguards against unauthorized use, duplication or dissemination of the content contained on the Website of the B2B Platform. If the Seller applies the above-mentioned security measures, the Customers undertake to refrain from any actions aimed at removing or circumventing such security or solutions.
§ 5. Orders, payment and order fulfillment
1. The information contained on the Website of the B2B Platform does not constitute an offer of the Seller.
2. The Customer may place orders on the B2B Platform 7 (seven) days a week and 24 (twenty four) hours a day via the Website of the B2B Platform.
3. The Customer completes the order by selecting the Product he is interested in, specifying its quantity for the given Product and by selecting the "Recalculate" command, he adds it to the "CART". After completing the entire order and selecting the "ORDER" command in the "CART", the Customer fills in the form with the Delivery address. After specifying the Delivery address, the Customer, after selecting the "ORDER" command, places the order by sending the order form to the Seller. Each time before the order is shipped to the Seller, the total price of the selected Goods is given. The cost of Delivery of the ordered Goods will be presented to the Customer after the order is handed over for execution.
4. Placing an order is an offer by the Seller's Customer to conclude a contract for the sale of the Goods being the subject of the order.
5. After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer. Confirmation of the order is the Seller's declaration of acceptance of the offer referred to in §5 sec. 4 above.
6. On the basis of the order placed, the Seller verifies the availability of the Goods ordered by the Customer on the B2B Platform.
7. In the absence of the ordered Goods on the B2B Platform or the inability to fulfill the Customer's order for other reasons, including when the purchase of Goods from the Seller's suppliers will not be possible within the time provided for the implementation of the order, the Seller will inform the Customer by e-mail or by phone about the circumstances that have arisen. .
8. If the execution of the order turns out to be impossible, the Seller may propose to the Customer:
a) cancellation of the entire order (the choice of this option by the Customer releases the Seller from the obligation to complete the order);
b) cancellation of the order in the part in which its implementation is not possible within a reasonable time (the choice of this option by the Customer releases the Seller from the performance of the order to the extent that it is not possible)
c) splitting the order and specifying the deadline for completing the order in the part that was originally not possible to perform (if the Customer selects this option, the Delivery will be made in separate shipments, while the Customer will not incur additional costs of Delivery related to the division of the order).
9. In the event of the lack of the ordered Goods or the inability to fulfill the Customer's order for other reasons, in particular if the Seller is unable to obtain the ordered Goods within a reasonable time, he may withdraw from the sales contract within 30 (thirty) days from the date of its conclusion.
10.The Seller reserves the right to withdraw from the sales contract within 14 (fourteen) days from its conclusion in the event that it was concluded during the malfunctioning of the B2B Platform's IT system, including the B2B Platform Website, in particular when displayed on the website incorrect prices or product descriptions.
11. In the event of a positive verification of the availability of the Goods, the Customer receives from the Seller, to the e-mail address, information about the acceptance of the order for execution, subject to §5 sec. 15 below.
12. Prices on the Website of the B2B Platform located next to the given Good:
a) are net prices (excluding VAT) and are expressed in Polish zlotys;
b) do not contain information about the costs of Delivery, about which the Customer will be informed after placing the order.
c) do not contain information on possible customs duties, if the delivery address is outside the territory of Poland.
13. The final price binding the parties to the sales contract is the price of the Goods contained on the Website of the B2B Platform at the time of placing the order by the Customer.
14. The customer makes the payment for the ordered Goods after receiving the VAT invoice within the time specified on the invoice, bank transfer to the Seller's bank account. The Seller provides a VAT invoice along with the Delivery of the ordered Goods.
15. The Customer may modify the order until the Customer receives information confirming the acceptance of the order for execution by the Seller to the Customer's e-mail address. In particular, the changes may relate to the scope of the order in question, cancel all or part of the order, change the delivery address, or change the data on the VAT invoice. If the Customer adds new Goods to an order that is already in progress, but before the shipment is sent by the Seller, this may extend the time of order fulfillment. In case of cancellation of all or part of the order.
16. The Seller may post on the Website of the B2B Platform information on the approximate number of Working Days needed to complete the order.
17. Ordered Goods are delivered to the Customer via the Supplier, to the address indicated in the order form.
18. The Seller by phone or via e-mail sends information to the Customer when the Customer receives the Goods.
19. The Customer should examine the delivered parcel in time and in the manner accepted for parcels of a given type, in the presence of the Supplier's employee.
20. The Customer has the right to demand that the Supplier's employee draws up the appropriate protocol in the event of a defect or damage to the shipment.
21. The Customer may collect the ordered Goods in person. The collection can be made at the Seller's Office on Working days, from 8-16 after prior arrangement of the collection date by e-mail or by phone.
22. In the absence of the Customer at the address indicated by him, given when placing the order, as the Delivery address, subject to §5 sec. 18, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of the Delivery.
§ 6. Complaints and guarantees
1. The Customer has the right to lodge a complaint about the Goods within one year from the date of Delivery of the Goods, using the warranty right, provided that he notifies the Seller about the defect found within two months from the date on which he found the defect in the Goods.
2. The Seller within 14 (fourteen) days will respond to the complaint of the Goods submitted by the Customer and notify him of the further procedure.
3. The prerequisite for considering the complaint of the Goods is that the Customer delivers the Goods complained about together with the proof of purchase and the description of the complaint. The Goods under complaint should be sent to the address. Shipping costs to the Seller are covered by the Customer.
4. If the complaint is considered in favor of the Customer, the Seller will repair or replace the advertised product with a fully-fledged product, or if the replacement is not possible, it will refund the amount due for the advertised product within 14 (fourteen) days from the date of considering the complaint.
5. Goods sold by the Seller may be covered by a guarantee granted by the appropriate producer or distributor. The seller provides a warranty for the products of which he is the manufacturer.
6. In the case of Goods covered by the distributor's or manufacturer's warranty, the Customer may complain about a product with defects:
a. using the rights resulting from the granted guarantee.
b. In such circumstances, the Customer is obliged to make a complaint directly to the guarantor, the Seller is only an intermediary transferring the complaint. The customer, at his choice, may report directly to the warranty service or to the seller.
c. using the Customer's rights towards the Seller in connection with the warranty.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the Seller's e-mail address. In the complaint, the Customer should include his Login and a description of the problem. The Seller shall, if possible, immediately, but no later than within 14 (fourteen) Business Days, consider the complaint and reply to the Customer's e-mail address provided in the complaint.
§ 7. Free services
1. The Seller provides the Customers with free electronic services:
a. Maintaining a Customer Account;
2. The services indicated in §9 para. 1 above are provided 24 hours a day, 7 days a week.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations.
4. The Customer Account Management service is available after Registration, on the terms described in §4 and §5 of the Regulations.
5. The Newsletter service can be used by any customer who activates the appropriate field in the registration form during registration.
6. The Newsletter service consists in sending by the Seller, to the e-mail address of the Customers' data, electronic messages containing information about new products or services in the Seller's offer. The newsletter is sent by the Seller to all customers who have subscribed.
7. Each Newsletter addressed to given Customers includes, in particular:
a) information about the sender;
b) a completed field "subject", specifying the content of the shipment, and
c) information on the possibility and method of resignation from the free service
8. The Customer may submit his comments to the Seller in connection with the use of the above-mentioned free services. Comments should be submitted in electronic form. The Seller, if possible, but no later than within 21 (twenty-one) Business Days, shall respond to the Customer's justified objections to the Customer's e-mail address provided in the submission of comments.
9. The Customer may at any time unsubscribe from the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
10. The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, breach of the law or the provisions of the Regulations by the Customer, and also when blocking access to the Customer Account and free services is justified security reasons - in particular: breaking the security of the Website of the B2B Platform by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 8. Responsibility
1.The Seller is entitled to interruptions or disruptions in the provision of electronic services and the provision of websites of the B2B Platform, if the reason is:
a) modification, modernization, extension or maintenance of the Seller's ICT system or software;
b) force majeure, acts or omissions of third parties (actions independent of the Seller).
2. The Seller is liable only in the event of deliberate damage and within the limits of the actual losses incurred by the Customer being the Entrepreneur.
3. The Seller shall not be liable for non-performance or improper performance of services provided electronically, if it is caused by third parties (in particular telecommunications operators, providers of telecommunications links and electricity). However, the seller is liable as for his own action or omission for the actions or omissions of persons with the help of whom he provides services provided electronically, as well as persons entrusted with the performance of these services.
4. The Seller shall not be liable for the impossibility or difficulties in using the B2B Platform, resulting from reasons attributable to the Customer, in particular for the Customer's loss or possession by third parties (regardless of the method) of his Password. However, the Seller is liable if the loss by the Customer or the acquisition by third parties of his Password was due to reasons attributable to the Seller or reasons for which the Seller is responsible.
5. The Seller shall not be liable for damages caused by the actions or omissions of Customers, in particular for their use of the B2B Platform in a manner inconsistent with applicable law or the Regulations.
6. The sole source of the Seller's obligations is these Regulations and mandatory provisions of law.
§ 9. Personal data and "Cookies"
1. The administrator of personal data of Customers provided to the Seller voluntarily as part of the Registration and as part of the Seller's provision of electronic services or under other circumstances specified in the Regulations, is the Seller.
2. Personal data will be processed by the Seller only on the basis of an authorization to process data and only for the purpose of fulfilling orders or services provided electronically by the Seller and other purposes specified in the Regulations.
3. Personal data provided to the Seller are provided to him voluntarily, with the reservation, however, that failure to provide the data specified in the Regulations in the Registration process prevents Registration and setting up a Customer Account and prevents the submission and execution of the Customer's order.
4. Anyone who provides the Seller with their personal data has the right to access their content and to correct and delete them.
5. The Seller provides the option of removing personal data from the collection kept, in particular in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
6. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use. The collection of collected personal data of Customers is treated as a separate database, stored on the Seller's server, in a special security zone, ensuring proper protection.
7. The Seller does not transfer, sell or lend the collected personal data of Customers to other persons or institutions, unless it is done with the express consent or at the request of the Customer, in accordance with applicable law or at the request of the court, prosecutor's office, police or other authorized authority in the event of breach of the law by customers.
8. The Seller reserves the right to disclose to companies and websites cooperating with the Seller collective, general statistical summaries concerning the Customers. Such statements refer to the viewership of websites of the B2B Platform and do not contain personal data of customers.
9. The Seller uses the mechanism of "cookies", which are saved by the Seller's server on the hard drive of the Customer's end device when the Customers use the websites of the B2B Platform.
10. The use of "cookies" is aimed at the correct operation of the websites of the B2B Platform on the customers' end devices. This mechanism does not destroy the Customer's end device and does not change the configuration of the Customer's end devices or the software installed on these devices. Cookies are not intended to identify customers.
11. The Seller uses the "cookies" mechanism in order to:
a) remembering information about customers' end devices;
b) verification and development of its offer;
12. Each customer may disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of websites of the B2B Platform.
§ 10 Termination of the contract (not applicable to orders / sales contracts)
1. Each Party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other Party before the termination of the above-mentioned. the agreement and the provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by submitting a request to delete the Seller's Account using any means of remote communication, enabling the Seller to read the Customer's declaration of will, the termination of the contract takes place after the notice period of 7 (seven ) days.
3. Termination of the contract does not release the Customer from fulfilling his obligations towards the Seller, if such exist on the date of termination of the contract.
4. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
§ 11 Final provisions and amendment to the Regulations
1. The Regulations are valid from the date of publication on the Website of the B2B Platform and supersede the previously binding regulations of the B2B Platform.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the websites of the B2B Platform.
3. The regulations may be changed. Each Customer will be informed by the Seller about the content of the amendments to the Regulations by sending to the e-mail address indicated by them in the registration form, information containing a list of amendments to the Regulations.
4. Notification of the amendment to the Regulations in the manner specified above will take place no later than 7 (seven) Business Days prior to the introduction of the amended Regulations. In the event that the Customer who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact within 7 (seven) days from the date of notification of the change
5. Regulations. Lack of acceptance results in the termination of the contract in accordance with the provisions of § 10.
6. All orders accepted by the Store for implementation before the date of amendment to the Regulations are implemented on the basis of the regulations in force on the date of placing the order by the Customer.
7. If any part of the Regulations turns out to be invalid or ineffective in the light of applicable law, this part should be interpreted in such a way that it is consistent with the applicable law and reflects as closely as possible the intentions of the given provision. The remaining parts of the Regulations remain in full force and are fully effective.
8. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
9. The Regulations come into force on 01/11/2017.r.