Regulations of the wholesaler

Terms and Conditions of the Online Shop

 

 

VERK GROUP SIKORSKI SPÓŁKA KOMANDYTOWA

 

Relating to B2B sales

 

I. GENERAL PROVISIONS

1. Verk Group Sikorski Limited Partnership, with its registered office in Podolszyn Nowy, ul. Wygody 16, 05-090 Raszyn, entered in the Register of Entrepreneurs under No. 531771, with tax identification number (NIP) 5342500808 and statistical number (REGON) 360233917, the “Seller”, is an entrepreneur operating an online shop via the website https://internetowa-hurtownia.pl/ and its subpages, hereinafter referred to as the Online Shop.

2. The Seller places goods from its range in the Online Shop.

3. Contact with the Online Shop is possible via the Customer Account – a section of the Online Shop where the Customer may use selected features specified in the Terms and Conditions.

4. Registration is required to obtain a Customer Account.

5. Registration – a one-off process involving the creation of a Customer Account, carried out by the Customer and/or on the Customer’s behalf, and confirmed by the Seller, using the tools provided in the Online Shop.

6. The Seller, via the Online Shop, conducts only wholesale sales to entities conducting business activity and issues a VAT invoice for each order (“Customer”).

7. Use of the Online Shop’s services constitutes acceptance of these terms and conditions.

8. The Seller reserves the right to modify the technical implementation of the Online Shop’s functionality, in accordance with the scope and conditions arising from its rights, as well as in accordance with its technical capabilities.

9. The provisions of these Terms and Conditions do not infringe upon the rights to which Customers are entitled under generally applicable laws, in particular the Civil Code.

10. The terms used in these Terms and Conditions mean:

1. The E-Commerce Act – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).

2. Civil Code Act or CC – the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).

3. The Copyright Act – the Act of 4 February 1994 on Copyright and Related Rights (i.e.: of 17 May 2006 – Journal of Laws 2006 No. 90, item 631, as amended).

4. Telecommunications Act – the Act of 16 July 2004 on Telecommunications Law (i.e.: Journal of Laws of 26 February 2014, item 243).

5. Goods – movable property which is the subject of the Sales Agreement.

6. Sales Agreement – an agreement for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer: using means of distance communication – in the Online Shop.

7. VAT Act – the Act of 11 March 2004 on the tax on goods and services (Journal of Laws of 2011, No. 177, item 1054, as amended)

8. Order – a declaration of intent by the Customer, aimed directly at concluding a distance sales contract via the Online Shop or by telephone, specifying the type and/or number of Products and other details required by law.

11. The Online Shop Terms and Conditions set out the rules governing Customers’ use of the Online Shop. The Seller operates the Online Shop, which:

    1. enables Customers to conclude sales contracts,

    2. informs Customers about the Products available in the Online Shop.

12. The Online Shop Terms and Conditions apply mutatis mutandis to Orders placed by telephone, provided that the Customer provided their email address during the telephone conversation, even if they have not registered themselves. In such a situation, the conclusion of the Sales Contract takes place in accordance with the Online Shop Terms and Conditions.

13. Information about Products, in particular their descriptions, technical and functional specifications, and prices listed in the Online Shop, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

14. The price information provided in the Online Shop is binding from the moment the Customer receives an email confirming acceptance of the order for fulfilment. This price shall not change regardless of any subsequent price changes in the Online Shop that may occur in relation to individual Products.

 

II. TERMS AND CONDITIONS OF USE OF THE ONLINE STORE

11. The Seller is not an “Internet” provider or a provider of other publicly available telecommunications services within the meaning of the Telecommunications Act. The Customer must, at their own expense, obtain access to a computer workstation or terminal device through which it is possible to contact the Online Shop and use its functionality.

12. The Customer is obliged, in particular, to:

1. use the Online Shop in a manner that does not disrupt its operation, including through the use of specific software or devices,

2. refrain from actions such as sending or posting unsolicited commercial information on the Online Shop;

3. refrain from actions aimed at obtaining information not intended for the Customer,

4. use the Online Shop in accordance with the law and these Terms and Conditions, including refraining from providing or transmitting content prohibited by applicable law,

5. to use the Online Shop in a manner that does not cause inconvenience to other Customers or the Seller, whilst respecting their personal rights (including the right to privacy) and all rights to which they are entitled,

17. The Customer bears sole responsibility for their actions carried out on the Online Store.

18. The Seller may deprive the Customer of the right to use the Online Shop, including placing Orders, and may also restrict the Customer’s access to the Online Shop with immediate effect, in particular in the following cases:

1. the Customer providing misleading information or information that infringes the rights of third parties,

2. the Customer infringes personal rights, in particular those of other Customers,

3. actions or omissions contrary to the Terms and Conditions, applicable laws, or the principles of social coexistence, e.g. by persistently placing Orders on multiple occasions or failing to collect Products.

17. A Customer who has consented to receiving information about the Seller’s products and promotions, or who has otherwise subscribed to the Newsletter via a link provided by the Seller, will receive the Newsletter. The Seller determines the date of dispatch of the Newsletter. The Customer may unsubscribe from the Newsletter at any time, in particular by clicking on the relevant web link provided in the Newsletter.

18. The Seller may conduct tests of new features or technical solutions for the Online Shop. Information regarding these will be posted on the Online Shop if they affect the rights and obligations of Customers.

19. Telephone conversations with the Customer may be recorded by the Seller for information and evidential purposes, as well as in connection with the Customer placing Orders. If the Customer does not consent to the recording of telephone conversations, they should end the call.

20. Unless otherwise provided in these Terms and Conditions, the exclusive rights to the content made available on the Online Store, in particular copyright, the Online Store’s branding, trademarks to which the Seller holds rights, and other intellectual property rights are subject to legal protection and are vested in the Seller or in entities with which the Seller has entered into relevant agreements.

21. Customers may, at any time and free of charge, access the Terms and Conditions via a web link provided on the Online Store.

22. The Seller uses cookies to collect information relating to the Customer’s use of the Online Shop for the purpose of:

1. maintain the Customer’s session (after logging in), so that the Customer does not have to re-enter their Username and Password on every subpage of the Online Shop,

2. customise and optimise the Online Shop to meet Customers’ needs,

3. compile statistics on the viewing of the Online Shop’s subpages,

4. personalise marketing communications,

5. ensuring the security and reliability of the Online Shop’s operation.

17. Some subpages of the Online Shop and other means of communication with Customers may contain so-called ‘web beacons’ (electronic images, also known as clear GIFs). Web beacons allow us to obtain information such as the IP (Internet Protocol) address of the computer on which the page containing the web beacon was loaded, the page’s URL, the time the page was loaded, the browser type, as well as information contained in cookies, for the purpose of evaluating the effectiveness of advertisements.

18. In the event that a mobile version of the Online Shop’s website is released, not all features or content of the Online Shop may be available in the same way as in the standard version.

19. Either Party may, at any time and without giving reasons, unilaterally terminate the contract for the provision of electronic services entered into by telephone by hanging up the telephone, subject to the other Party retaining the rights acquired prior to the termination of such a contract.

20. A Customer who holds a Customer Account may terminate the contract for the provision of electronic services: i) by deleting the Customer Account themselves, by submitting such an instruction on its subpage, or ii) by submitting a request to the Seller to delete the Customer Account, in which case, if the Seller receives a request to delete the Customer Account, the contract shall be terminated after a notice period of 14 days.

21. The Seller has the right to withdraw from the contract for the provision of electronic services with immediate effect in the event of a breach by the Customer of the provisions of the Terms and Conditions and following an unsuccessful request to the Customer to cease such breaches within 1 working day.

22. The Seller has the right to discontinue the maintenance of the Customer Account or any of its features.

23. Should the Seller cease to maintain the Customer’s Account, the Seller shall not provide for the archiving of the purchase history disclosed in the Customer’s Account.

 

III. ORDERS

37. The Customer may place an Order for selected Products in the Online Shop. The contract for the sale of the Products shall be concluded upon the Customer’s receipt of an email with the subject line ‘Confirmation of receipt of order no.

38. For each product, the minimum quantity of that Product required to place an order is specified.

39. The minimum value of the ordered Products (total price of the products) is PLN 600.00 PLN net.

40. To conclude a Product Sales Agreement in the Online Shop, select a Product available in the Online Shop and place an Order by following the technical steps based on the information displayed in the Online Shop.

41. An Order may be placed after accepting the Terms and Conditions and the Privacy Policy.

42. The Seller may offer discounts depending on the quantity of goods ordered. The discount amount and the minimum quantity of goods that must be ordered to qualify for the discount are indicated next to the Product under the ‘Specification’ link.

43. The Seller awards the Buyer points for each purchase. One point is awarded for every zloty paid. Once the Customer has accumulated 10,000 points, they receive a discount of 200 zlotys net on subsequent purchases in the Online Shop.

44. For orders with a net value exceeding PLN 3,000.00, the Buyer receives a discount of 1% of the order value. For orders with a net value exceeding PLN 5,000.00, the Buyer receives a discount of 2% of the order value. For orders with a net value exceeding PLN 10,000.00, the Buyer receives a discount of 3% of the order value.

45. The basis for processing an order placed by the Customer is the correct completion of the form found at the final stage of the ordering process. All fields of the form must be completed correctly. The Seller may verify the order by telephone or email. If contact cannot be established with the Customer within 3 working days, the order may be cancelled.

46. Information regarding the availability of the Product is provided in each case alongside the Product or during contact with the Customer.

47. The Online Shop confirms receipt of the order via an automatically generated email sent to the Customer. The message contains the terms of the sales contract, in particular: the order number and date, the details of the contracting parties, the main characteristics of the goods ordered, the total price together with the method and deadline for payment, the place, method and costs of delivery, as well as the details necessary for payment of the price and delivery costs. The sales contract is concluded upon sending this message to the Customer.

48. Delivery costs may be estimated separately. In such cases, the Customer is informed of these costs in a separate message or by telephone.

49. Detailed payment information for the order placed can be found in the order confirmation email under the link “Order details”.

50. The order will be processed immediately upon receipt of payment, unless the Parties agree otherwise.

51. The Seller may provide the Customer with free services consisting of informing the Customer via email and/or SMS about the current status of the Order.

52. The Order will be processed subject to the availability of the Products. In the event of a Product being unavailable, the Customer will be informed immediately of the estimated waiting time for the Order to be processed, with a request to confirm whether they wish to proceed with the Order or to cancel it due to the permanent unavailability of the Products.

53. The Seller issues invoices in the Online Shop in traditional paper form or electronically in PDF format. The Seller sends the electronic invoice to the Customer at the email address provided in the Online Shop, within 7 days of the date of dispatch of the Goods, or in paper form together with the Goods.

54. Orders are processed in the order in which they are received, until stocks are exhausted.

55. The Seller shall not be liable for orders not fulfilled due to technical reasons (malfunctioning systems, networks, etc.), but upon identifying the error, shall make every effort to rectify it.

56. The fulfilment of an order is subject to the availability of the goods in stock and/or from the Seller’s suppliers.

57. If the ordered goods are not in stock, the Customer will be informed accordingly.

 

IV. METHOD AND TERMS OF PAYMENT

60. Both net and gross prices (including VAT) are shown in the Online Shop. The price displayed in the Online Shop does not include VAT if the sales contract is subject to the reverse charge mechanism for VAT; in such a case, the Customer is obliged to settle the VAT in accordance with the rules set out in generally applicable laws.

61. The price stated for each item is binding from the moment the Customer places an order.

62. The Online Shop offers the Customer the following payment methods:

1. payment by traditional bank transfer – the Customer instructs a transfer directly to the Seller’s bank account number. In such cases, the standard order processing time may be extended by the time required for the payment to be credited to the Seller’s bank account,

2. payment by electronic bank transfer – the Customer instructs a transfer directly to the Seller’s bank account number,

60. cash on delivery – only subject to prior individual agreement with the Seller. This option applies only to shipments within Poland. By choosing this method, the Customer is charged an additional collection fee at the rate set by the chosen carrier. Payment may be made in Polish zlotys (to an account held in PLN), in euros (to a bank account held in EUR) and in US dollars (to an account held in USD).

61. The transfer reference must include the accounting document number (i.e. VAT invoice or pro forma invoice), the order number and the Customer’s company name. Failure to provide this information may delay the completion of the transaction.

 

V. COSTS, METHOD AND DELIVERY TIMES

65. The following delivery methods are available in the Online Shop:

    • courier delivery via INPOST S.A., with its registered office at ul. Malborska 130, 30-924 Kraków,

    • postal delivery via Poczta Polska S.A., with its registered office at ul. Rodziny Hiszpańskich 8, 00-940 Warsaw.

66. Goods may be collected from the Seller’s premises at ul. Wygody 16, Podolszyn Nowy (05-090) only by prior individual arrangement with the Seller.

67. The delivery cost is determined after the order has been prepared, based on its weight, volume and any other characteristics specific to the parcel.

68. The cost of delivery is borne in full by the Customer. The delivery period is a maximum of 14 working days from the date of conclusion of the sales contract, unless a different date has been agreed upon by individual arrangement. As a rule, the carrier delivers parcels only from Monday to Friday – excluding public holidays falling within this period – between 8 am and 4 pm. Detailed delivery costs and times depend on the weight and size of the parcel.

69. If any damage to the parcel is detected upon delivery, the Customer should request that the carrier draw up a report detailing the condition of the parcel and the circumstances of the damage. If, after the parcel has been delivered, a shortage or damage to the parcel is discovered which could not be detected at the time of collection, the Customer should notify the carrier of this within 7 days of the date of collection.

 

VI. LIABILITY

70. The Seller shall not be liable for any technical issues or limitations, including the data transfer speed of the computer hardware, end-user device, ICT system and telecommunications infrastructure used by the Customer, which prevent the Customer from using the Online Shop.

71. The Customer is solely responsible for ensuring technical compatibility between the computer equipment or terminal device they use and the ICT or telecommunications system, and the Online Shop.

72. The Customer shall be liable, as for their own acts or omissions, for the acts or omissions of any other party to whom they allow access to the Online Store via their own Customer Account.

73. The Seller shall not be liable for the consequences of the Customer using the Online Shop in a manner contrary to applicable law, these Terms and Conditions, or generally accepted standards of social conduct or customs.

74. The Seller reserves the right to suspend or terminate the provision of specific features of the Online Store due to the need for maintenance, inspection or expansion of the technical infrastructure, provided this does not infringe the Customer’s rights.

75. Pursuant to Article 558 § 1, the Online Shop excludes its liability under the warranty in full.

76. In the event of receiving goods with a defect, the Customer is entitled to make a complaint, exclusively in situations agreed with the Seller.

77. The Seller is not the guarantor of the Goods. Where a guarantor provides a quality guarantee covering the Goods (Guarantee), its terms and conditions are made available with the Goods. Rights under the Guarantee must be exercised in accordance with the terms and conditions set out in the guarantee document accompanying the Goods.

78. The Goods sold may be covered by a warranty from the manufacturer, importer or distributor. Where a warranty has been provided for a particular item, its content and terms are displayed alongside that item in the Online Shop. Claims under the warranty must be addressed directly to the guarantor.

 

VII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

74. The Customer agrees to receive VAT invoices and corrective invoices in electronic form – as PDF files – to the email address specified in the order placed or to the address from which the order was placed.

75. The Online Shop is entitled to organise promotional campaigns and sales. The detailed terms and conditions of such campaigns are set out in the terms and conditions published on the Online Shop’s website. A limited number of goods are available for sale during promotional campaigns and sales. Individual promotional campaigns and sales in the Online Shop cannot be combined, unless the terms and conditions of a specific promotional campaign or sale state otherwise.

 

VIII. RULES FOR THE PROCESSING OF CUSTOMERS’ PERSONAL DATA

76. Placing an order in the Online Shop constitutes consent to the Seller processing the personal data contained in the order for the purpose specified in point 3, in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data.

77. The Customer’s personal data will be processed by the Online Shop solely for the purpose of the proper performance of the sales contract, in particular to effectively confirm receipt and acceptance of the order for fulfilment and delivery of the goods to the address specified by the Customer, unless the Parties agree otherwise.

78. The Customer has the right to access, amend or delete the personal data held by the Seller.

 

IX. SPECIFIC PROVISIONS RELATING TO THE PROVISION OF ELECTRONIC SERVICES BY THE ONLINE STORE

79. With regard to services provided electronically by the Online Shop, these Terms and Conditions constitute the terms and conditions for the provision of electronic services within the meaning of Article 8(1) of the Act of 18 July 2002 on the provision of electronic services.

80. The Online Shop makes these Terms and Conditions available to customers free of charge prior to the conclusion of a contract for the provision of electronic services, including in a manner that enables the content of the Terms and Conditions to be accessed, reproduced and stored using the information and communications technology system used by the service recipients. In particular, service users may, without any restrictions, download the Terms and Conditions from the website https://internetowa-hurtownia.pl/eng-terms.html as an HTML file, save the Terms and Conditions on their own storage media, and print as many copies as they wish.

81. The types and scope of services provided electronically by the Online Shop are as follows:

    • concluding online sales contracts – in respect of goods sold by the Online Shop,

    • sending emails in which the Online Shop confirms receipt of the order, any receipt of payment, acceptance of the order for processing, the progress of order processing, and requests for reviews, comments and ratings.

82. The terms and conditions for the provision of electronic services, and in particular the technical requirements necessary for interaction with the IT system used by the Online Shop, are as follows:

    • an internet connection,

    • a web browser capable of displaying hypertext documents (HTML) on the screen of the end device,

    • an email address.

83. Customers are prohibited from providing unlawful content.

84. Terms and conditions for concluding contracts for the provision of electronic services:

    • with regard to online sales contracts and contracts for the provision of email services, in which the Online Shop confirms receipt of the order, receipt of payment (if applicable), acceptance of the order for fulfilment, and the progress of order fulfilment – these are set out in Section II of the Terms and Conditions,

85. The Online Shop informs you that the use of services provided electronically via the Internet involves risks. The primary threat to every Internet user, including those using services provided electronically, is the possibility of an ICT system being ‘infected’ by various types of software created primarily to cause harm, such as viruses, ‘worms’ or ‘Trojan horses’. To avoid the risks associated with this, it is important that the Customer equips the hardware they use to connect to the Internet with anti-virus software and keeps it up to date by installing the latest versions.

86. The Online Shop hereby informs you that it introduces the following data, which is not part of the content of the service provided electronically, into the IT system used by the Customer: cookies – these are short text files containing information, stored in the Customer’s IT system (i.e. on the end device from which the connection to the Online Shop was made), which can be read by the Online Shop. These files allow for the subsequent identification of the Customer should they reconnect from the end device on which they were saved. Cookies are used by the Online Shop for the following purposes: to facilitate the Customer’s use of the Online Shop’s resources, to adapt the appearance of the Online Shop to the expectations and needs of a specific Customer (so-called personalisation), to monitor traffic on the Online Shop’s pages, including comparing the frequency of the Customer’s use of specific resources, and for marketing purposes. The Customer has the right to disable cookies at any time. Disabling cookies is possible via the Customer’s browser.

87. The Online Shop may send the Customer emails or text messages confirming receipt of the order, receipt of payment (if applicable), acceptance of the order for processing, and the progress of the order.

 

X. FINAL PROVISIONS

88. The Seller can be contacted by telephone from Monday to Friday between 9:00 and 15:00 on +48 888 055 550 ext. 2 or 22 670 90 10 ext. 2.

89. Contact by email is available 24 hours a day via the email address: zamowienia@internetowa-hurtownia.pl.

90. The Online Shop ensures that the current Terms and Conditions are available at all times on the website https://internetowa-hurtownia.pl/main-eng.html.

91. In the event of any changes to the Terms and Conditions, orders placed before the date of such changes shall be processed in accordance with the Terms and Conditions in force on the date the order was placed.

92. Sales contracts are concluded in Polish.

93. The Terms and Conditions and sales contracts are governed by Polish law.

94. These Terms and Conditions constitute a work within the meaning of the Act on Copyright and Related Rights and are subject to copyright protection.

95. In matters not covered by these Terms and Conditions, the relevant provisions of the Civil Code shall apply.

96. Any disputes arising from these Terms and Conditions or sales contracts shall be settled by the competent common court with jurisdiction over the Seller’s registered office.