Terms and Conditions

DEFINITIONS

§ 2.

1)       Terms and Conditions – these terms and conditions. In the scope of services provided electronically, the Terms and Conditions are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), and the Seller acts as a service provider within the meaning of the indicated legal act. These Terms and Conditions are directed exclusively to entrepreneurs and do not apply to consumers within the meaning of Article 22¹ of the Civil Code (quoted the consumer is considered to be a natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity).

2)       Entrepreneur - a natural person, legal person, or organizational unit that is not a legal person, which has legal capacity granted by a separate act, conducting business or professional activity on their own behalf.

3)       Client – an Entrepreneur who places an order in the Store under the terms specified in these Terms and Conditions.

4)       Seller – the entity providing sales services through the Online Store under the terms specified in these Terms and Conditions.

5)       Subject of the transaction - Goods listed and described on the Store's website.

6)       Goods – movable items presented in the Online Store, which are the subject of the Sales Agreement.

7)       Account - the client's account in the Store, where data provided by the Client and information about orders placed by them in the Store are stored.

8)       Registration form - a form available in the Store that allows the creation of an Account.

9)       Order form - an interactive form available in the Store that allows placing 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 – a software element of the Store, where the Products selected by the Client for purchase are visible, and there is also the possibility to determine and modify the Order data, in particular the quantity of products.

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 internet service.

12)   Distance contract - a contract concluded with the Client within the framework of an organized system for concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the contract.

13)   Online Store – an internet service available at https://b2b.euduco.com through which the Client can place an Order.

14)   Order – the Client's declaration of will clearly specifying the type and quantity of Goods, aimed directly at concluding the Sales Agreement.

15)   IT system – a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunications networks using the appropriate end device for a given type of network.

GENERAL PROVISIONS

§ 3.

The subject of the Store's activity is the sale of goods included in the current assortment offer of EUDUCO exclusively to Entrepreneurs conducting business activity who have declared their willingness to make purchases through the Store in any form.

The goods displayed in the Store (including goods with a specified price) do not constitute an offer within the meaning of the provisions of the Civil Code, but only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. Placing an order by the Client means an offer from the Client, which requires acceptance/confirmation from the Store. Additionally, instead of an offer, the Client may submit a request for a quote regarding a specific product available in the Store.

§ 4.

Placing an order is equivalent to accepting the provisions of these Terms and Conditions.

§ 5.

The prices given for products do not include shipping costs, which are added separately.

CONDITIONS FOR MAKING PURCHASES

§ 6.

The Store is used for making purchases (concluding sales agreements between EUDUCO and the Client) through the IT system. The technical requirements are as follows: in order 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 manufacturer), an active email address, and space in the inbox to enable correspondence with the Store. The Store's pages are adapted for viewing at a minimum screen resolution of 1600 x 1024 pixels.

§ 7.

Only persons conducting business activity who have expressed a willingness to conclude sales agreements through the Store and to whom EUDUCO has assigned a dedicated account in the Store (assigned to the Client via the registration form and including: usernames, 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 based on data held by EUDUCO and voluntarily provided by the Client. Polish law applies to the execution of the agreement. The Client bears all responsibility for providing identifying data in the Store to third parties, in particular for orders placed by such persons.

§ 8.

The basic condition for the realization of made purchases is the correct completion of the order form and sending it to the Store. A necessary condition for the realization of the order is the registration of the Client in the Store available at the address provided in § 1 and the accuracy of the Client's data.

§ 9.

The acceptance of each order placed by the Store is confirmed by email and through information displayed in the Store's system. The acceptance of the order is equivalent to the conclusion of the sales agreement. EUDUCO and the Store are not responsible for defects in sending email 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 the content of these Terms and Conditions and undertakes to comply with them unconditionally. In the event of non-compliance with the provisions of the Terms and Conditions, the Store is entitled to cancel the placed order without incurring any consequences.

§ 11.

The Store accepts orders 24 hours a day, every day of the year. Orders placed in the cart on Sundays and holidays will be processed on the next business day. The Client can order goods available in the Store with the specifications provided there. Any deviations are not allowed. In particular, the Client is not allowed to enter substantive changes to the subject of the order in the comments to the order. Such changes are considered ineffective, which means that the Client has placed an order for the goods with the specifications described in the Store (its offer).

§ 12.

The Store reserves the right to reject incorrectly or incompletely filled order forms. The ordering party may make any corrections to the order only until the confirmation of its realization and only to the extent permitted by the system. A confirmed order cannot be canceled without the consent of EUDUCO.

§ 13.

All prices quoted in the Store are expressed in Polish zlotys (PLN) and in Euro currency, according to the exchange rate posted on the Store's website. Prices are quoted in net values (excluding VAT) and gross (including VAT). Transactions are concluded in Polish zlotys. The Store reserves the right to change prices. In such cases, the Store undertakes to inform the Client immediately about the situation. In the absence of acceptance of the new price, the order for a specific product will not be processed, and the agreement is considered not concluded. In exceptional cases, the Store has the right to change the price for orders that are in the process of realization, which have already been confirmed (accepted) through the confirmation of order realization.

§ 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 email, 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 subject to the current Privacy Policy available on the Store's website in the "Store Regulations" tab.

§ 16.

Changes made to the Privacy Policy cannot lead to a violation of the principle that the Store does not sell or disclose personal or address data of its Clients/users to third parties.

§ 17.

The Store reserves the right to make changes to the Privacy Policy.

PERSONAL DATA

§ 18.

The Client's personal data: first name, last name, company, registered office address, shipping address, email address, and contact phone number are entered into the sales system (from the EUDUCO system used for invoicing contractors) at the moment the Client expresses the will to make purchases through the Store. The Client is obliged to continuously verify the accuracy of the data 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. based in Przemyśl, address: ul. Lwowska Nr 160, 37-700 Przemyśl, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Rzeszów, XII Economic Division of the National Court Register under No. KRS 0000654836, NIP: 7952540026, REGON 366160533.

Detailed information regarding the processing of personal data is included 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. The lack of such consent does not affect the obligation to fulfill the order by the Store.

PAYMENTS

§ 21.

The payment term is determined individually with each client. Information about the payment method is included in the email confirmation sent after placing the order. The realization term is systemically determined 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 in the VAT invoice. The payment title should include the VAT invoice number. The Store may:

v   suspend the realization of the order(s); - block the ability to make purchases by the Client

v   in the event of a delay in payment or exceeding the credit limit established by EUDUCO.

§ 22.

The Store does not provide for payments by transfer through transactional services.

CONDITIONS FOR DELIVERY OF ORDERS

§ 23.

Delivery will be realized according to the deadline visible after logging in to the "Orders" tab. The parties establish a minimum order for each delivery at the level of 2000 zlotys net. In the case of placing an order for a lower amount, it will be realized together with subsequent orders, only when the total of the Client's orders reaches the amount stated in the previous sentence.

§ 24.

At the time of receiving the shipment, the Client has the right and obligation to check the contents of the package in the presence of the employee of the delivery company. In the event of damage to the package, non-compliance of the goods with the agreement, the Client is obliged to immediately submit a complaint to the employee of the delivering company and then through the Store. Reservations regarding the condition of the delivered shipment should be reported to the person delivering the shipment and require the drafting of an appropriate complaint protocol. The Client undertakes to promptly carry out a quantitative and qualitative acceptance of each batch of delivered goods, and in the event of identifying 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, no later than within seven days from the moment of their detection. Reporting a quantitative shortage may only occur at the time of delivery. Regardless of the above obligations, the Client is obliged to submit a complaint through the Store (complaints tab).

§ 25.

The agreement concluded with the Store is a distance contract.

§ 26.

The Client cannot withdraw from the agreement unless such a right arises from absolutely binding legal provisions.

AVAILABILITY OF GOODS

§ 27.

The content of the Store presents the current offer of goods, which form the basis for the Client's offer. In the event that it is not possible to fulfill the order, the Store has the right to propose to the Client another product with the same or similar properties. In the event of the Client's consent, the modified order will be realized. In the absence of consent, the Client will receive a refund of all amounts paid for the given order, and the Store (EUDUCO) bears no responsibility for the lack of order fulfillment.

COMPLAINTS AND WARRANTIES

§ 28.

Subject to § 24, complaints should also be submitted through the "Complaints" tab. In the event of the inability to submit a complaint in this way (e.g., Client blockage, Store failure), the complaint form constituting Annex No. 1 to these Terms and Conditions applies.

§ 29.

The complaint will be considered immediately, no later than within 14 days from the date of its receipt by EUDUCO. In the event of the complaint being upheld, the product will be replaced with a full-value one, and if this is no longer possible (for example, due to stock exhaustion or lack at the distributor), the Store will offer to choose another product, and in the event of refusal of another product, will refund the amount received from the Client and issue a correction of the VAT invoice. The Client does not have the right to return the goods without agreement with the Store.

§ 30.

Purchased and delivered goods are covered by the manufacturer's warranty provided with the goods. The warranty in relations between entrepreneurs is excluded.

COPYRIGHTS

§ 31.

All photographs, designs, drawings, icons, descriptions, and other information contained on the Store's pages are protected by the copyrights of the Store or other persons. Any copying, using them without the consent of EUDUCO or another authorized entity is prohibited.

§ 32.

Photos of products offered by the Store, their names, logos are the property of their manufacturers and are used by the Store only for informational purposes.

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, change, and cancel promotional actions on the online store's 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 out the Registration Form is confidential and will not be disclosed to third parties.

§ 36.

Whenever the regulations refer to sending correspondence by email, the statement is considered legally effective even if made without a certified qualified electronic signature.

§ 37.

Attachments constitute an integral part of the Terms and Conditions.

§ 38.

In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and other applicable legal provisions shall apply. The Terms and Conditions are subject to Polish law. The Terms and Conditions may be changed; the current content of the Terms and Conditions is available at https://b2b.euduco.com/(Regulations tab). In the absence of acceptance of the changes, the Client should cease to place orders through the Store, under the risk of being considered as accepting the Terms and Conditions in the new wording.