THE STATUTE OF PLATFORM B2B
This Statute defines general terms, conditions and the manner of sale by BRADAS Group Sp. z o.o., with headquarter in Olesno, via Platform B2B bradas.pl (hereinafter referred to as ‘’Platform B2B”) and specifies principles and conditions of providing unpaid services by electronic means.
§ 1
Definitions
Statute – Statute of Platform B2B.
Vendor – BRADAS Group Sp. z o.o. with headquarter in Olesno (46-300), 5 M. Konopnickiej Street, VAT (NIP): 576-000-21-48, REGON: 151002000, inscribed into entrepreneur register of the National Court Register at Regional Court in Opole, VIII Commercial Division of the National Court Register, under number KRS 0000943156; e-mail bradas@bradas.pl, who is also the owner of Platform B2B.
Vendor Office– BRADAS Group Sp. z o.o. (dawniej: BRADAS Spółka z o.o. Sp. k.), 46-300 Olesno, 5 M. Konopnickiej Street.
Vendor Warehouse – 46-300 Olesno, 13 Targowa Street.
Customer – natural legal person or other entity which is not incorporated person, granted with legal capacity by legal act, running economic or professional activity on own behalf.
Commodity – products shown by Vendor on Platform B2B.
Sale Contract – Sale Contract concluded electronically on the principles specified in Statute between Customer and Vendor.
Working Days – weekdays from Monday to Friday, except bank holidays.
Carrier – company cooperating with Vendor on delivery of Commodity or Vendor’s own transport.
Delivery – actual action of delivery of Commodity, according to the order, to Customer by Vendor via Carrier.
Customer Account – individual panel for each Customer, activated by Vendor.
Website of Platform B2B - website, through which Vendor runs Platform B2B, operating under bradas.pl domain.
Registration – actual action performed in the manner specified in Statute, required for the proper use of all functionality of Platform B2B by Customer.
Login – individual Customer identification, arranged by Vendor as a sequence of alphabetic, numeral or other characters, required along with a password to log in on Customer Account on Platform B2B.
Password – a sequence of alphabetic, numeral or other characters, used to protect access to Customer Account on Platform B2B. Password is arrange by Customer during Registration on Platform B2B. Customer is able to change password in any given moment via Customer Account.
The act of personal data security – Act from day 29th of August 1997 of personal data security (Dz.U. 2016r., poz. 922 with later amendments).
Administrator of personal data – company BRADAS Group Sp. z o.o. with headquarter in Olesno (46-300), 5 M. Konopnickiej Street, NIP: 576-000-21-48, REGON: 151002000.
§ 2
General provisions
§ 3
Use of Platform B2B
6. It is forbidden for Customer to provide illegal content and use Website of Platform B2B or unpaid services provided by Vender in illegal manner, contrary
to good practise, violating personal rights of third parties or justified interests of Vendor.
7. Customer is entitled to use resources of Platform B2B solely for their own sake. It is unacceptable for Customer to use resources and facility of Plaform
B2B to run activity which violates interests of Vendor.
8. Vendor states that public nature of Internet and using electronic services may carry a risk of gaining and modifying Customer data by unauthorised
person. In order to avoid such an event, Customer should use proper technical measures which minimize risk mentioned hereinbefore. Specifically, to
use antivirus programme which protects identity when using Internet. Vendor never ask Customer to reveal password in any possible form.
§ 4
Registration
a) Customer should fill out all the fields of Registration form, unless field is marked as optional,
b) information written in Registration form should be truthful and solely referred to Customer, wherein Customer is the person responsible for authenticity of information written in Registration form,
c) Customer should familiarise with the content of Statute,
d) Customer should accede to process her/his data by Vendor, accordingly to the act of personal data security, concluded in Registration Form in order to fulfill services for her/his sake, wherein Customer is entitled to access, correct and delate her/his personal data.
5. Forwarding completed Registration form is tantamount to:
a) acknowledgement and acceptance of provisions of Statute by Customer,
b) conclusion of contract to provide services by Vendor to run Customer Account,
c) Vendor autorisation to process Customer personal data concluded in Registration form in order to provide services in running Customer Account and acceding to communicate by Vendor about information related to technical support for Customer Account, via email address given by Customer during Registration.
6. During Registration, Customer can accede to process her/his personal data by Vendor for marketing purposes accordingly to the act of personal data
security and in the means of the act from day 18th of July 2002 about providing services vis electronic manner Dz.U.02.144.1204 with amendments. In
this case, Vendor clearly informs about the purpose of gathering Customer personal data. Acceding to process personal data for marketing purposes indicates that::
a) consent is freewill and may be canceled any time,
b) Customer, to whom personal data is referred to, is entitled to access, correct and delate personal data content,
c) confiding personal data to Vendor occurs by marking appropriate field in Registration form.
7. Acceding to process personal data for marketing purposes especially indicates consent for receiving commercial information from Vendor or advertisers
cooperating with Vendor on Customer email address given in Registration form.
8. Customer is obliged to endeavour to be confidential and not to share password with third parties. In the event of such circumstances, indicating that
password is known by unauthorised person, Customer is obliged to inform Vendor about it immediately, using available means of communication. In this
case, Customer will be given in a new password by Vendor.
9. Vendor creates and enforces security systems from the unauthorised use, multiplication or diffusion of content concluded on Platform B2B. In the event of
application of such security systems by Vendor, Customer is obliged to refrain from any actions aiming on removal or circumvention of such security
systems or solutions.
§ 5
Orders, payment and order execution
a) cancel the whole order (when this option is selected by Customer, Vendor is excused to fulfill order),
b) cancel part of the order which is not possible to fulfill in reasonable time (when this option is selected by Customer, Vendor is excused to fulfill the order to extent that is not possible),
c) divide the order and specify period of realisation time of the part where originally realisation is not possible (when this option is selected by Customer, Delivery is made in seperate shipments).
9. In case of no available Commodity or no possibility to fulfill Customer order from other reasons, particularly in case of Vendor not being able to get
ordered Commodity in a reasonable time, he may recede from Sale Contract in a term of 30 (thirty) days from the date of signing.
10. Vendor reserves the right to cancel Sale Contract in a term of 14 (fourteen) days from the date of signing, in case when it was concluded during
malfunction in Platform B2B system, Website of Platform B2B therein, particularly in case of display of incorrect product prices and descriptions.
11. In case of positive verification of availability of Commodity, Customer receives an e-mail from Vendor with information about confirmation of the order
realisation, with restriction of provisions in §5 article 15 below.
12. The price next to particular Commodity on Website of Platform B2B:
a) represents net price (without Value Added Tax) and is defined in PLN,
b) does not include information about delivery cost, about which Customer will be informed after placing the order,
c) does not include information about possible duties if delivery address is outside of Poland territory.
13. The final price binding parties of Sale Contract is the product price on Website of Platform B2B at the time of placing the order by Customer.
14. Customer makes payment for ordered Commodity in indicated term, after she/he receives invoice through a bank transfer to Vendor's bank account.
Vendor provides a VAT invoice with delivery of ordered goods.
15. Customer can modify orders, until she/he receives the e-mail from Vendor with order confirmation and order ready to fulfill. Particularly, changes may
concern ordered products, cancelling the whole or a part of order, changes to delivery address, changes to the details in invoice. In case of adding new
Commodity by Customer to order that is already in progress, but before sending it by Vendor, it may affect extension of delivery time.
16. Vendor can post information with approximate number of Working Days to fulfill the order on Website of Platform B2B.
17. Ordered Commodity is delivered to Customer through Carrier to the address specified in the order form.
18. Vendor informs Customer via email or telephone about an exact date of delivery.
19. Customer should check delivery at the time and manner adopted to the particular type of delivery, in the presence of Carrier's employee.
20. Customer is entitiled to ask Carrier about protocol, in case of a defect or damage to delivery.
21. Customer has possibility to collect orderd Commodity in person. Collection can be made in Vendor Warehouse, 13 Targowa Street, 46-300 Olesno on
Working Days, from 8:00 to 16:00 after arranged the date of collection via e-mail or telephone.
22. In case of Customer absence at the address given as a delivery address, with restriction of provisions in §5 article 18, Vendor will contact Customer via
e-mail or telephone to arrange a new date and delivery cost.
§ 6
Complaints and guarantees
a) taking advantage of eligibilities based on the given warranty,
b) making a complaint directly to the guarantor, Vendor is an agent conveying complaint that was made. Customer, according to her/his own choice, addresses complaint directly to the warranty service centre or Vendor,
c) taking advantage of Customer eligibilities againts Vendor regarding warranty.
7. Customer is entitled to address complaint to Vendor regarding the use of electronic unpaid services provided by Vendor. Complaint can be made by
sending email on reklamacje@bradas.pl. In the email, Customer should include her/his Login and description of the problem. Vendor, as far as possible,
but no later than in a term of 14 (fourteen) Working Days, considers complaint and answers on Customer's email given in the complaint form.
8. Any inconvenience related to the lack of delivery of the goods will be considered up to 2 business days from the date of delivery.
§ 7
Unpaid services
a) leading Customer Account,
b) newsletter.
2. Services indicated above in §7 article 1 are provided 24 hours a day, 7 days a week.
3. Vendor reserves the possibility of option to choose and change type, form, time and the way of providing access to selected services, wherein Customer
will be informed in appropriate manner for changing Statute.
4. Service of leading Customer Account, is available after Registration, based on the principles specified in §4 and §5 of Statute.
5. Service of newsletter can be used by any Customer, who marks a proper field in Registration form over Registration.
6. Service of newsletter consists of sending an email by Vendor to the e-mail address of particular Customer, with information about new products or services
in Vendor’s offer. Newsletter is sent by Vendor to each Customer who did subscription.
7. Each newsletter sent to Customer includes in particular:
a) information about sender,
b) filled theme field, defining content of the email,
c) information about possibilities and manner in order to cancel unpaid service of newsletter.
8. Customer can address the comments regarding the use of unpaid services mentioned above to Vendor. Comments should be sent through email. Vendor,
as far as possible, but no later than in a term of 21( twenty-one) Working Days, responds to Customer’s comments on the e-mail address given in the
comment form.
9. Customer can cancel service of newsletter by signing out from the subscription clicking on the link in the email sent within service of newsletter or by
marking appropriate field in Customer Account.
10. Vendor is entitled to block the access to Customer Account and unpaid services, in case of negative actions from Customer in Vendor favour or other
Customers, violation of law or Statute provisions, as well as when the access to Customer Account and unpaid services is blocked from security reason- in
particular: breaking security codes to Website of Platform B2B by Customer or other hacker actions. Blocking access to Customer Account and unpaid
services from mentioned reasons lasts as long as it is needed to solve the matter of blocking the access to Customer Account and unpaid services. Vendor
informs Customer about blocking the access to Customer Account and unpaid services through email given by Customer in Registration form.
§ 8
Responsibility
a) modification, modernisation, expansion or maintenance of tele-information system,
b) force majeure, actions or nonfeasance of third parties (actions not depending on Vendor).
2. Vendor takes responsibility only in case of the intentional harm and actual Customer’s loss who is an entrepreneur.
3. Vendor does not take responsibility for any failure or improper performance of electronic services, if it is caused by third parties (in particular
telecommunication operators, suppliers of telecommunications lines and electricity). However, Vendor takes responsibility for their own actions,
nonfeasance of actions or third parties, which help Vendor to provide electronic services, as well as third parties, which are entrusted to provide these
services.
4. Vendor does not take responsibility for impossibility or difficulties in the use of Platform B2B, caused by the reasons from Customer side, in particular for
loss or overtaking her/his Password by third parties (regardless of manner). However, Vendor takes responsibility for loss or overtaking Customer’s
Password by third parties if it was caused from Vendor side or reasons which Vendor takes responsibility for.
5. Vendor does not take responsibility for damages caused by Customers’ actions or nonfeasance, in particular for their use of Platform B2B in a manner
inconsistent with applicable law or Statute.
6. Sole source of Vendor’s obligations is this particular Statute and applicable law.
§ 9
Personal data and ‘’Cookies’’
a) Record information about Customer's final device,
b) verificate and make a progress of the offer,
c) statistic purposes.
12. Each Customer can turn off the system of ‘’cookies’’ files in the web browser in her/his final device. Vendor indicates that turning off the system of
''cookies'' files may cause inconvenience or disable to use Website of Platform B2B.
§ 10
Contract termination
(not applicable to orders/sale contracts)
§ 11
Final provisions and changes in Statute