Terms and conditions of use - Hurtownia online ERTgroup
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Terms & Conditions

 

§ 1

General provisions

These Terms and Conditions specify the rules for ordering and selling products using means of distance communication in the form of the B2B platform available at: www.ertgroup.pl operated by ERT Group sp. z o.o. sp. k. with registered office in Kraków, ul. Rusiecka 15a, 31-987 Kraków, entered in the register of business entities of the National Court Register under the number: 0000658002, NIP (Tax Identification Number): 6783164932, REGON (National Official Business Register Number): 366309490, e-mail address: office@ertgroup.pl, telephone + 48 575 776 593, bank account number (IBAN): PL 85 1050 1445 1000 0090 8012 6999, SWIFT/BIC: INGBPLPW.

 

§ 2

Definitions

Used in the Regulations, capitalized terms have the following meanings:

  1.       Registration – The process of creating a Customer’s account in the Service;
  2.       Platform – B2B sales platform functioning as a part of the Website at: www.ertgroup.pl, conducted by the Seller, enabling the conclusion of contracts via the Internet;
  3.       Seller – ERT Group sp. z o.o. sp. k. with registered office in Kraków, ul. Rusiecka 15a, 31-987 Kraków, entered in the register of business entities of the National Court Register under the number: 0000658002, NIP (Tax Identification Number): 6783164932, REGON (National Official Business Register Number): 366309490;
  4.       Password – A unique string of characters (numbers or letters) chosen by the Customer, which the Customer indicates on the service system for the purpose of proving his identity. The Password is confidential and the Customer should keep it secret;
  5.       Customer – A natural person, legal person or legal person or entity other than a legal person, having legal capacity granted by specific regulations, which conducts a business or professional activity in its own name;
  6.       Customer’s account – A service provided by electronic means, consisting of the creation and running of an individual Customer administration panel in the Service containing the data (name, surname, company name, address, telephone number, TIN and e-mail address) of the Customer;
  7.       Working days – days other than Saturday or public holiday;
  8.       Cart – A component of the B2B Platform with which the Customer formulates the content of a folded Order;
  9.       Amount due – The total amount that the Customer is obliged to pay to the Seller for the acquisition and delivery of the Products;
  10.   Cost of delivery – this means the costs incurred for the purpose of delivering the product to the Customer according to the Order made by him;
  11.   Newsletter – a service provided by electronic means, consisting of sending to Customers commercial information of their own Products;
  12.   Products – items sold by the Seller to the Customer, within the B2B platform;
  13.   Regulations – these Terms and Conditions;
  14.   Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
  15.   Service – Web service(s) operated and available at: www.ertgroup.pl;
  16.   Execution of the Contract - a series of actions taken by the Seller in the performance of the Contract, ending with the transfer of Products to the entity that is to deliver them to the Customer;
  17.   Contract – contract for the distance sale of Products concluded between the Customer and the Seller using the Platform;
  18.   Order – declaration of will of the Customer intended directly to conclude a Contract, specifying the type and quantity of the Products.

 

§ 3

Registration in the Service

  1.       In order to register in the Service, it is necessary to fulfill the Registration form available in the appropriate tab of the website Service.
  2.       The registration begins with the Customer's determination of the Password to the Customer's account and ends at the moment of verification by the Customer of the e-mail address provided by the Customer by means of an appropriate notice.
  3.       To complete the Registration the Customer shall provide the following data:

a)      E-mail address

b)      Password

c)      Name

d)      Surname

e)      Company Name

f)       Address (street, building number, apartment number, postal code, city, country)

g)      Phone number

h)      TIN (Tax Identification Number)

  1.       The Seller reserves the right to additional verification of Customer data in justified cases, eg. by telephone, and to refuse to activate your Customer's account without giving any reason.
  2.       Each Customer is entitled to make orders only for business purposes and undertakes not to share the login and Password with other non-authorized parties. In the event that the login and Password are made available to unauthorized entities, if any damage occurs for this reason, the Customer will be obliged to repair it in full.
  3.       The Customer's submission of a completed registration form will result in:

a)      acknowledgement and acceptance by the Customer of the provisions of the Regulations;

b)      The Seller's obligation for the provision of services in the form of a Customer's account;

c)      authorizing the Seller to process the Customer's personal data included in the registration form in order to provide the Customer Account service and for statistical purposes

d)      agreeing to transfer by the Seller to the email address provided by the Customer during the Registration of information related to technical maintenance of the Customer Account.

e)      authorization of the Seller to issue a VAT invoice without Customer's signature

  1.       Once the correct Registration has been made, an activation link will be sent to the email address provided by the Customer. Clicking on the activation link ends the Customer's Registration process, confirms the truthfulness of the data provided in the Registration form and constitutes the moment of conclusion of the contract for the provision of electronic services between the Customer and the Seller.
  2.       The Customer has a right at any time to terminate the contract for the provision of services by electronic means which is tantamount to deleting the Customer's account subject to § 10 para. 7.

 

§ 4

Technical Requirements

  1.       In order to use the Service properly, Customer’s hardware should meet at least the following technical requirements:

a)      PC computer, mobile phone, tablet or smartphone,

b)      access to the Internet;

c)      current Web browser version Firefox, Chrome, Safari or IE (version 9 or higher);

d)      active e-mail account

  1.       The Service uses cookies. For proper operation of the Services website, we recommend that you agree to enable cookies. Detailed information about the purpose of storing and accessing information by means of cookies, as well as the ability of the Customer to determine the conditions of storage or access to the information contained in cookies, using the settings Software installed in the Customer's use of the end device or service configuration can be found in the Privacy policy.
  2.       The Customer should confirm these Terms and Conditions before Registration.

 

§ 5

Order Submission

  1.       The Product information presented in the Service constitutes an invitation to tender within the meaning of article 71 of the Civil Code and do not constitute any offer within the meaning of article 66 of the Civil Code.
  2.       Orders on the Platform can be submitted 24 hours a day 7 days a week through the website of the service, while their realization will take place only on Working days.
  3.       Placing an Order, the Customer should add to the Cart a chosen Product which he wishes to purchase, but only the addition of the Product to the basket does not constitute an Order.
  4.       The shopping Cart tab allows the Customer to manage the Products Ordered by viewing, adding or removing from the shopping Cart and calculating the Amount due.
  5.       To place an Order, Customer add the Products you have chosen to the Cart, specify the shipping type and method of payment, then select "Order and pay" and follow the Seller's further instructions.
  6.       The Customer can only place an Order after logging into the Customer's account.
  7.       The Contract will be concluded upon sending to the customer the email address of the seller's return message, confirming the submission and the content of the Order submitted by the Customer.
  8.       Placing an Order means also the authorization for the Seller to process the personal data made available in the Customer’s account for the Execution of the Contract and for statistical purposes and agrees that the Seller will transfer to the e-mail address provided by the Customer at the time of Registration the technical assistance of the complex Order.
  9.       The ordered Product(-s) will be delivered to the Customer's address indicated during Registration or in the Order form. The Customer may also choose a different delivery address for the Product or pick up the ordered Product in person at the Seller's premises.
  10.   The Seller reserves the right to reject erroneously or not fully completed Order forms. The Customer may only make corrections to the Order until it is confirmed and only to the extent permitted by the system. A confirmed Order cannot be cancelled without the Seller's consent.

 

§ 6

Products

  1.       All Products are brand new, unused.
  2.       You can check each Product before making a purchase. For this purpose you can use the description in the Product tab. If the description turns out to be insufficient, additional information can be obtained from office@ertgroup.pl and by phone +48 575 776 593.
  3.       Product images are for illustrative purposes only. The Products presented here may differ slightly from the Products offered for sale.
  4.       The Seller makes the utmost care to make it possible to send all Products within the delivery date of the Order placement.
  5.       The Seller reserves the right to change the Product catalogue.

 

§ 7

Prices

  1.       All prices of the Products are expressed in Polish zloty (PLN) or in other applicable currency (EUR, USD, GBP) and do not include VAT and shipping costs.
  2.       The prices next to the Products presented at the time of placing the Order are binding and final.
  3.       The Seller reserves the right to change the prices of the Presented Products, as well as organize promotional campaigns and their cancellation.
  4.       The payment of the price for ordered products can be made in the following forms:

a)      payment in the form of a postal Order or transfer to the bank account of the Seller

b)      electronic payment via the www.payu.pl website

c)      payment on delivery - cash at the courier (cash on delivery option)

d)      payment on delivery - upon personal collection at the Seller's premises

  1.       The Customer purchases the Product together with the delivery service at the prices and the amount of delivery costs applicable at the time of placing the Order.
  2.       The Seller reserves the right to change prices and the cost of delivery, especially if the price list of services provided by the delivery providers has changed. This does not apply to orders already executed.
  3.       The Customer has the option to choose the method of payment for the ordered Product.
  4.       If the Customer chooses the payment method described in subsection "a” or "b" of section 4 a lack of payment for the ordered product within 3 days from the date of placing the Order results in the cancellation of such Order.
  5.       Current prices and shipping costs are shown on the Platform webpage and are displayed at the Cart level.

 

§ 8

Order Processing

  1.       The date of Execution of the Contract concluded through the Platform is the day of receipt of the parcel by the Customer.
  2.       Delivery is made to the address indicated by the Customer in the Order.
  3.       For each Order, the Seller issues a sales document in the form of a VAT invoice. The Customer hereby authorizes the Seller to send the invoice by email, without the signature of the issuer, in PDF format.
  4.       The ordered Product is delivered with the help of a courier company specified by the Seller.
  5.       In the case of not finding a Customer or a person authorized by him (e.g. an employee), an advice is left. In some cases, after an unsuccessful attempt to deliver the parcel, they are forwarded to the nearest delivery point of the courier company UPS.
  6.       The estimated delivery date of the domestic shipment to the Customer is 1-2 Working days from the date of their dispatch. Foreign shipments delivered with the UPS courier company must arrive within approximately 4-5 Working days from the date of dispatch.
  7.       If the Seller cannot make the delivery due to the fact that the Product is currently unavailable, immediately, but at the latest within 1 Business Days from the conclusion of the Contact, will notify the Customer who will be entitled to decide about the further fate of such Order.
  8.       The expected delivery time is indicated by each Product and applies to shipments made in Poland.
  9.       The Customer is obliged to check out the condition of the Product after delivery of the parcel and in the presence of the representative of the entity performing the delivery (e.g. courier, postman). In the case of mechanical damage to the shipment arising during transport, the Customer should write down the damage report and immediately contact the Seller by phone at: +48 575 776 593, or at the e-mail address: office@ertgroup.pl.
  10.   The Seller may withhold the reimbursement of payments received from the Customer up to the time of receipt of returned products or the Customer providing proof of dispatch of the returned Products.
  11.   The Seller does not accept parcels sent COD.

 

§ 9

Complaints and warranties

  1.       Subject to § 8 para. 10 complaints should also be submitted via the "Complaints" tab on the Service website. If it is not possible to submit a complaint this way (e.g. blocking the Customer, Platform failure), this complaint form will apply <link to the Complaint Form>.
  2.       The complaint will be processed immediately, no later than within 14 days from the day it is received by the Seller. If the complaint is accepted, the product will be exchanged for full value, and if it is impossible or excessively difficult, the Seller will offer other products to choose, and in the case of the lack of consent for another product will refund the amount received from the Customer and issue a correction of the VAT invoice. The Customer has no right to return the goods without prior notice to the Seller.
  3.       Products purchased and delivered are covered by the manufacturer's warranty provided with the Product.
  4.       The responsibility of the Seller under the warranty for defects is excluded on the basis of art. 558 § 1 of the Civil Code.

 

§ 10

Personal information and Newsletter

  1.       The Seller is the administrator of the Customer personal data provided to the Seller as part of the Registration for the purpose of fulfilling the Contract and in providing the services by the Seller by electronic means or for statistical purposes.
  2.       Personal data will be processed by the Seller solely on the basis of a data processing authorisation and solely for the purpose of fulfilling orders or services provided by electronic means by the Seller and other purposes specified explicitly in the Regulations.
  3.       The personal data provided to the Seller shall be given voluntarily, with the provision that the failure to provide the data specified in the regulations in the registration process prevents registration and establishment of the Customer’s account and prevents the submission and execution Customer's Order and Contract conclusion.
  4.       Customer may agree to receive advertising and commercial information from the Seller, including by means of electronic communication.
  5.       Anyone who provides his / her personal data to the Seller has the right to access their content and to correct and delete it (the right to be forgotten), subject to the provisions of para. 7 below, as well as the right to limit processing, the right to data transfer, the right to object, the right not to be subject to profiling.
  6.       The Seller provides the possibility to delete personal data from the database, 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 violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
  7.       The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use. The set 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.
  8.       The Seller does not transfer, sell or lend collected personal Customer data 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, police or other authorized authority, in case of violation of the law by the Customer.
  9.       The Seller reserves the right to disclose aggregate, general statistical summaries relating to Customers to companies and websites co-operating with the Seller. Such listings refer to the viewing of the Website and do not contain Customer personal data.
  10.   The Customer has the option to request information in the form of a Newsletter to the e-mail address provided by him. By submitting the Newsletter sending Order, the Customer also ensures that he is authorized to use the electronic e-mail address to which information is to be sent.
  11.   The Customer is entitled to resign from the Newsletter service at any time.
  12.   Detailed information on the principles of processing and protection of personal data provided by Customers can be found in the Privacy Policy - <link to Privacy Policy>

 

§ 11

Copyright

  1.       All photographs, designs, drawings, icons, descriptions and other information contained on the website are reserved as copyrights belonging to the Seller or other authorized entities.
  2.       Any copying, publishing or any use of it without the consent of the Seller or any other authorized entity is prohibited.

 

§ 12

Final provisions

  1.       Any amendments to these Terms and conditions may be made after prior informing Customers of the extent of the foreseeable changes, no later than 14 days before their entry into force.
  2.       Orders placed during the previous version of the Terms and conditions will be executed in accordance with its existing provisions. If the Customer does not agree to any amendments to the Terms and conditions he will be entitled to delete his Customer’s account.
  3.       Any disputes arising between the Seller and the Customer are governed by the Polish law and shall be settled by the General Court competent on the basis of the Seller's registered office.
  4.       Customers can contact the Seller in the following ways:

a)      by phone: + 48 575 776 593

b)      by e-mail: office@ertgroup.pl

c)      by using the contact details indicated at: www.ertgroup.pl.

d)      in writing to the following address: ERT Group sp. z o.o. sp. k., ul. Rusiecka 15a, 31-987 Cracow

  1.       Customers can access these Terms and conditions at any time via the link on the www.ertgroup.pl homepage.
  2.       These Terms and conditions are effective as of 25.05.2018.