Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE b2b.euduco.com
INTRODUCTORY PROVISIONS
§ 1.
The online store https://b2b.euduco.com (hereinafter referred to as the Store) is operated by EUDUCO KBC GROUP Spółka z o.o. with its registered office in Przemyśl at ul. Lwowska Nr 160, 37-700 Przemyśl, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under No. KRS 0000654836, NIP: 7952540026, REGON 366160533 (hereinafter referred to as EUDUCO or alternatively the Seller)
DEFINITIONS
§ 2.
1) Terms and Conditions – these Terms and Conditions. For the scope of services provided by electronic means, the Terms and Conditions constitute the rules referred to in Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended), and the Seller occupies the position of the service provider within the meaning of the cited legal act. These Terms and Conditions are addressed exclusively to entrepreneurs and do not apply to consumers within the meaning of Art. 221 of the Civil Code (quote: ‘a consumer is a natural person entering into a legal transaction with an entrepreneur not directly related to his/her business or professional activity’)
2) Entrepreneur – a natural person, legal person or an organizational unit without legal personality to which a separate act grants legal capacity, performing business or professional activity on its own behalf.
3) Client – an Entrepreneur who, under the terms set out in these Terms and Conditions, places an order in the Store.
4) Seller – the entity providing sales services via the Online Store on the terms set out in these Terms and Conditions.
5) Subject of the transaction – the Goods listed and described on the Store’s website.
6) Goods – a movable thing presented in the Online Store which is the subject of the Sales Agreement.
7) Account – the client account in the Store in which the data provided by the Client and information about Orders placed by them in the Store are stored.
8) Registration form – the form available in the Store that allows the creation of an Account.
9) Order form – an interactive form available in the Store enabling the placement of an order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10) Cart – an element of the Store’s software in which the Products selected by the Client for purchase are visible, and where it is possible to determine and modify the Order details, in particular product quantities.
11) Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Client using the Store’s online service.
12) Distance contract – a contract concluded with the Client within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of remote communication up to and including the moment of conclusion of the contract.
13) Online Store – the website available at https://b2b.euduco.com through which the Client can place an Order.
14) Order – the Client’s declaration of intent clearly specifying the type and quantity of Goods, directly aimed at concluding a Sales Agreement.
15) IT system – a set of cooperating computer devices and software ensuring the processing and storage, as well as the sending and receiving of data via telecommunications networks using an appropriate terminal device for the given type of network.
GENERAL PROVISIONS
§ 3.
The Store’s business consists of the sale of goods included in EUDUCO’s current product range exclusively to Entrepreneurs conducting business activity who have in any form declared their willingness to make purchases through the Store.
Goods displayed in the Store (including goods with a listed price) do not constitute an offer within the meaning of the Civil Code, but merely an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. Placing an Order by the Client constitutes the Client’s offer, which requires the Store’s acceptance/confirmation. The Client may alternatively submit an inquiry regarding a specific product listed in the Store’s offer
§ 4.
Placing an Order is equivalent to acceptance of the provisions of these Terms and Conditions
§ 5.
The prices indicated for the products do not include shipping costs, which are added separately
CONDITIONS FOR MAKING PURCHASES
§ 6.
The Store is used to make purchases (conclude sales agreements between EUDUCO and the Client) via the IT system. The technical requirements are as follows: to make a purchase it is necessary to have a computer with Internet access, a web browser (in the latest version released by the software producer), an active e-mail address and mailbox space enabling correspondence exchange with the Store. Store pages are adapted for viewing at a screen resolution of at least 1600 x 1024 pixels.
§ 7.
Only persons conducting business activity who have expressed willingness to conclude sales agreements via the Store and to whom EUDUCO has assigned a dedicated account in the Store (given to the Client via the registration form and including: username, login and password) are authorized to make purchases in the Store. The Store’s offer is valid only within the territory of the Republic of Poland and concerns deliveries to the Client’s registered office resulting from the data held by EUDUCO and voluntarily provided by the Client. Polish law applies to the performance of the agreement. The Client bears full responsibility for passing identification data entered in the Store to third parties, in particular for orders placed by such persons.
§ 8.
The primary condition for the fulfillment of purchases made is the correct completion of the order form and its submission to the Store. A necessary condition for order fulfillment is the Client’s registration in the Store available at the address given in § 1 and the accuracy of the Client’s data.
§ 9.
Acceptance by the Store of each placed Order is confirmed by e-mail and by information displayed in the Store’s system. Acceptance of the Order is equivalent to the conclusion of the sales agreement. EUDUCO and the Store are not responsible for failures in the transmission of e-mail confirmations caused by factors beyond their control (e.g. failures of mail servers, internet connections, natural disasters).
§ 10.
By sending an Order from the Store’s website the Client declares that they have read these Terms and Conditions and undertakes to comply with them unconditionally. In the event of non-compliance with the Terms and Conditions, the Store is entitled to cancel the placed Order without incurring any consequences.
§ 11.
The Store accepts Orders around the clock every day of the year. Orders placed in the cart on Sundays and public holidays commence processing on the next business day. The Client may order goods available in the Store with the specification provided there. Any deviations are unacceptable. In particular, the Client must not enter substantive changes to the subject of the Order in the order comments. Introducing such changes is considered ineffective, meaning that the Client has ordered the goods with the specification described in the Store (its offer).
§ 12.
The Store reserves the right to reject incorrectly or incompletely completed order forms. The ordering party may make corrections to the Order only up to the moment of confirmation of its processing and only to the extent permitted by the system. A confirmed Order cannot be canceled without the consent of EUDUCO.
§ 13.
All prices shown in the Store are expressed in Polish zlotys (PLN) and in Euro, according to the rate posted on the Store’s website. Prices are shown as net (excluding VAT) and gross (including VAT) values. Transactions are concluded in Polish zlotys. The Store reserves the right to change prices. In such cases the Store undertakes to inform the Client without delay of the situation. If the new price is not accepted, the Order for the specified product will not be fulfilled and the contract will be considered not concluded. In exceptional cases, the Store has the right to change the price for Orders in the course of processing that have already been confirmed (accepted) by confirmation of the Order’s processing.
§ 14.
The Store issues a sales document in the form of a VAT invoice. Placing an Order with a request is equivalent to authorizing EUDUCO to issue a VAT invoice for the purchased goods without the recipient’s signature. The Client hereby authorizes EUDUCO to send the invoice by e-mail, without the issuer’s signature, without a certified qualified electronic signature, in PDF format.
PRIVACY POLICY
§ 15.
Every client and user of the service is bound by the current Privacy Policy available on the Store’s website under the "Terms and Conditions" section.
§ 16.
Changes made to the Privacy Policy may not violate the principle that the Store does not sell or make available personal or address data of its Clients/users to third parties.
§ 17.
The Store reserves the right to introduce changes to the Privacy Policy.
PERSONAL DATA
§ 18.
Client personal data: first name, last name, company, registered office address, shipping address, e-mail address and contact telephone number are entered into the sales system (from EUDUCO’s billing system for contractors) at the moment the Client declares a willingness to make purchases via the Store. The Client is obliged to verify the accuracy of the data on an ongoing basis and report any irregularities in this regard.
§ 19.
The Client consents to the processing of their personal data by EUDUCO KBC GROUP Spółka z o.o. with its registered office in Przemyśl at ul. Lwowska Nr 160, 37-700 Przemyśl, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under No. KRS 0000654836, NIP: 7952540026, REGON 366160533.
Detailed information on the processing of personal data is contained in the Privacy Policy referred to in the provisions of § 15 of these Terms and Conditions.
§ 20.
The Client may consent to the processing of personal data for marketing purposes. Failure to give such consent does not affect the Store’s obligation to fulfill the Order.
PAYMENTS
§ 21.
The payment term is agreed individually with each client. Information about the payment method is included in the confirmation e-mail sent after placing the Order. The systemically determined fulfillment time is set for individual Orders and is visible in the Orders tab. The Store accepts payments made by bank transfer to the Store’s bank account provided on the VAT invoice. The invoice number must be given as the payment reference. The Store may:
v suspend the processing of the Order(s); - block the Client’s ability to make purchases
v in the event of delay in settling payments or exceeding the trade credit limit set by EUDUCO.
§ 22.
The Store does not provide for payments by bank transfer via transaction services.
CONDITIONS OF ORDER DELIVERIES
§ 23.
Delivery will be carried out in accordance with the date visible after logging in to the "Orders" tab. The parties set a minimum order value for each delivery at PLN 2000 net. If an Order is placed for a lower amount, it will be fulfilled together with subsequent Orders only when the sum of the Client’s Orders reaches the amount specified in the previous sentence.
§ 24.
Upon receipt of the shipment, the Client has the right and obligation to check the contents of the package in the presence of the delivery company’s employee. In case of package damage or non-conformity of the goods with the contract, the Client is obliged to immediately file a complaint with the delivery company’s employee and then via the Store. Reservations regarding the condition of the delivered shipment should be reported to the person delivering the shipment and require the drawing up of an appropriate complaint protocol. The Client undertakes to promptly perform quantitative and qualitative acceptance of each batch of delivered goods, and in the event of quantitative shortages or quality defects, to report them and file a complaint upon delivery. However, hidden quality defects may be reported on the next business day after their detection, but no later than within seven days from the moment of their detection. A report of quantitative shortage may be made only at the time of delivery. Regardless of the above obligations, the Client is obliged to submit a complaint via the Store (Complaints tab).
§ 25.
The agreement concluded with the Store is a distance contract.
§ 26.
The Client may not withdraw from the contract unless such a right results from mandatory provisions of law.
AVAILABILITY OF GOODS
§ 27.
The Store’s contents present the current offer of goods which form the basis for the Client’s offer. In the event of inability to fulfill an Order, the Store has the right to propose to the Client another product with the same or similar properties. If the client agrees, the modified Order will be fulfilled. In case of disagreement, the Client will receive a refund of all amounts paid for the given Order, and the Store (EUDUCO) shall not be liable for failure to fulfill the Order.
COMPLAINTS AND WARRANTIES
§ 28.
Subject to § 24, complaints should also be submitted via the "Complaints" tab. If it is impossible to submit a complaint in this way (e.g. the Client is blocked, Store failure), the complaint form which constitutes Annex No. 1 to these Terms and Conditions shall apply.
§ 29.
The complaint will be considered immediately, no later than within 14 days from the date of its receipt by EUDUCO. If the complaint is upheld, the product will be replaced with a fully functional one, and if this is no longer possible (for example due to stock depletion or unavailability from the distributor), the Store will offer other products to choose from, and if no alternative product is accepted, it will refund the amount received from the Client and issue a corrective VAT invoice. The Client has no right to return the goods without an agreement with the Store.
§ 30.
Purchased and delivered goods are covered by the manufacturer’s warranty provided with the goods. Liability under the Civil Code warranty (rękojmia) is excluded in relations between entrepreneurs.
COPYRIGHT
§ 31.
All photographs, designs, drawings, icons, descriptions and other information contained on the Store’s pages are protected by the Store’s or other persons’ copyrights. Any copying or use without the consent of EUDUCO or another entitled entity is prohibited.
§ 32.
Photos of products offered by the Store, their names and logos are the property of their manufacturers and are used by the Store for informational purposes only.
FINAL PROVISIONS
§ 33.
The Store reserves the right to:
v change prices and quantities of goods in the online store’s offer during the day,
v withdraw individual products from the online store’s offer,
v introduce new goods to the online store’s offer,
v conduct, modify and cancel promotional campaigns on the store’s web pages,
v fulfill large Orders in separate batches.
§ 34.
It is prohibited for the service recipient to provide unlawful content.
§ 35.
Data provided as a result of filling in the Registration form are confidential and will not be disclosed to third parties.
§ 36.
Whenever the Terms and Conditions refer to transmitting correspondence by e-mail, a declaration is considered legally effective even if made without a certified qualified electronic signature.
§ 37.
Annexes constitute an integral part of the Terms and Conditions.
§ 38.
Matters not regulated by these Terms and Conditions shall be governed by the provisions of the Civil Code and other applicable laws. The Terms and Conditions are subject to Polish law. The Terms and Conditions may be amended; the current text of the Terms and Conditions is available at https://b2b.euduco.com/ (Terms and Conditions tab). If the Client does not accept the changes, they should cease placing Orders through the Store, otherwise it shall be deemed that the Client accepts the Terms and Conditions in the new wording.