Terms and conditions hurtel.pl
TERMS AND CONDITIONS
1. The Regulations define the general terms, conditions, rules and form of sales by "HURTEL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Zielona Góra, Poland through the online shop b2b.hurtel.com/pl (hereinafter referred to as the "Online Shop") and define the rules and conditions for provision of free services by electronic means by "HURTEL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Zielona Góra, Poland.
Article 1 - Definitions
1. Working days - mean weekdays from Monday to Friday excluding public holidays.
2. Delivery - means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.
3. Supplier - means a company with which the Seller cooperates in the Delivery of the Products:
a) a courier company;
b) InPost Sp. z o.o. based in Krakow, a postal service provider of mailboxes (Paczkomat);
c) Polish Post (Poczta Polska S.A.) based in Warsaw.
4. Password - means a sequence of letters, digits, or other characters selected by the Customer during Registration in the Online Shop, used to secure access to the Customer Account in the Online Shop.
5. Client: - means an entity for which electronic services may be provided in accordance with the Regulations and legal provisions or with which a Contract of Sale may be concluded, with the exception of consumers, i.e. natural persons performing legal actions not directly related to their business or professional activity.
6. Customer Account - means an individual panel for each Customer, established by the Seller after the Customer registration and conclusion of the contract for provision of the Customer Account service.
7. Entrepreneur - means any natural person, legal person or an organisational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business or pursuing the profession.
8. Regulations – mean these regulations.
9. Registration - means a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the Online Shop.
10. Seller – means "HURTEL" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in Zielona Góra (65-127), ul. Kostrzyńska 11, NIP (Tax ID. No.): PL9731008073, REGON (National Business Registry No.): 081016920, entered in the Register of Entrepreneurs kept by the District Court for the Sąd Rejonowy w Zielonej Górze, VIII Commercial Division of the National Court Register under the KRS number 0000409264, with share capital in the amount of 50.000 PLN; e-mail: email@example.com, and at the same time the owner of the Online Shop.
BDO Number - 000019607.
11. Shop Website - means web pages, under which the Seller runs the Online Shop, operating in the b2b.hurtel.com/pl domain.
12. Product - means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale.
13. Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored.
14. Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller.
Article 2 - General provisions and use of the Online Shop
1. All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.
3. The Seller applies a mechanism of cookies, which - when the Customers use the Shop Website - are stored by the Seller's server on the hard disk of a Customer's terminal device(s). The use of "cookies" is intended to ensure correct operation of the Shop Website by the Customer's terminal device(s). This mechanism does not destroy the Customer's terminal device(s) and does not change the configuration of the Customer's terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website.
4. In order to place an order in the Online Store via the Store's Website or via e-mail or messenger available on the Store's Website and in order to use the services available on the Store's Website, it is necessary for the Customer to have an active e-mail account.
5. To place an order in the Online Shop by phone, the Customer must have an active phone number and an active e-mail account.
6. The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or the violating personal rights of third parties.
7. The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customer should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting the identity of the Internet Users. The Seller shall never ask the Customer to provide him with access to the password in any form.
Article 3 - Registration
1. To create a Customer Account, the Customer must make a free Registration.
2. The Registration is necessary to place an order in the Online Shop.
3. In order to register, the Customer must complete the registration form provided by the Seller at the Shop Website and forward the completed form by e-mail to the Seller by selecting an appropriate function contained in the registration form. During the Registration the Customer shall establish an individual Password.
4. The Customer also has the option to register via his user account on social networks, i.e. LinkedIn, Facebook, Google+. Setting up a Customer Account takes place through a dedicated redirection from the Online Store to the website of the social networking site: LinkedIn, Facebook, Google+, where the user is asked to enter the username and password that he has for the user's account in a given social networking site. After authorization on the social networking site, the user is redirected back to the Online Store, where the Customer Account is created with a link to the user's account on the social networking site. The username for the social network and its password are not registered and stored by the Service Provider. After authorization by the user, social networks provide the Service Provider with the following personal data, respectively: name, surname, e-mail address.
5. The customer also has the option to register via his Paypal.pl user account. The creation of a Customer Account takes place through a dedicated redirection from the Online Store to the Paypal.pl website, where the Customer is asked to provide the username and password that he has for the user's account at Paypal.pl. After authorization on the Paypal.pl website, the Customer is redirected back to the Online Store where the Customer Account is created, with a link to the user's account on Paypal.pl. The username for the Paypal.pl service and its password are not registered and stored by the Seller.
6. While filling out the registration form the Customer is given the opportunity to read the Regulations, accepting the contents thereof by marking a relevant field in the form.
7. During the Registration the Customer may at his/her own discretion give consent to the processing of his/her personal data for marketing purposes by marking a relevant field in the registration form. In this case, the Seller shall clearly indicate the purpose of collecting the Customer's personal data, as well as data recipients, known to or expected by the Seller.
8. The Customer's consent to the processing of his/her personal data for marketing purposes shall not condition the conclusion with the Seller of a contract for the provision of the Customer Account service by electronic means. The consent may be revoked at any time by filing a relevant statement by the Customer. Such a statement may be sent to the Seller's address, e.g. by e-mail.
9. After sending the completed registration form by the Customer, he receives information from the Seller confirming the submission of the form to the e-mail address provided in the registration form. At this moment, the Customer's request for registration is forwarded to the Seller for verification.
10. In the event of positive verification of the Customer by the Seller, the Customer receives a message about the account activation by e-mail to the e-mail address provided in the registration form. At this moment, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during Registration.
Article 4 - Orders
1. Information included in the Shop Website shall not constitute the Seller's offer within the meaning of the Civil Code, and only an invitation for the Customers to submit offers for conclusion of the Contract of Sale.
2. Before placing the order, the customer is informed about the minimum value of wholesale purchases via the message in the order form.
3. The Customer may place orders in the Online Store via the Store's Website, e-mail or messengers located on the Store's Website, 7 days a week, 24 hours a day.
4. The Customer may place orders in the Online Shop by phone at times and on days specified on the Shop Website.
5. The Customer placing an order via the Shop Website compiles the order by selecting the desired Products. The Products are added to the order by selecting the ADD TO CART button under a given Product presented on the Shop Website. After compiling the whole order and identifying in the "CART" the manner of the Delivery and the form of payment, the Customer shall place the order by sending an order form to the Seller, selecting on the Shop Website the "ORDER AND PAY" button. Each time before sending the order to the Seller, the Customer is informed about the total price for selected Products and the Delivery, as well as about any additional costs the Customer is obliged to incur under the Contract of Sale.
6. The Customer placing an order by phone uses the telephone number provided by the Seller on the Website. The Customer places an order by phone, giving the Seller the name of the Products from among the Products on the Website and the quantity of the Products he wants to order. Then, after completing the entire order, the Customer determines the method of Delivery and the form of payment, and also indicates his correspondence address and e-mail address. Each time the Customer places an order by phone, the Seller informs the Customer about the total price of the selected Products and the total cost of the selected method of Delivery, as well as about all additional costs that he is obliged to incur in connection with the Contract of Sale.
7. After the conclusion of the Contract of Sale via telephone, the Seller will send to the e-mail address provided by the Customer information containing the confirmation of the terms of the Contract of Sale. The confirmation includes in particular: the description of the Product being the subject of the Contract of Sale, its price, delivery cost and information on any other costs that the Customer is obliged to incur in connection with the Contract of Sales.
8. The Customer placing an order via e-mail or the messenger available on the Store's Website sends them to the Seller via the selected communication channel. In the message sent to the Seller, the Customer specifies in particular: the name of the Product, color and its quantity, from among the Products presented on the Store's Website, and their contact details.
9. After receiving the message from the Customer referred to in Article 4.8, the Seller sends the Customer a return message, providing his registration data, the price of the selected Procucts and possible payment methods and the method of Delivery along with its cost, as well as information about all additional payments that the Customer would have to incur under the Contract of Sale. The message also contains information for the Customer that the conclusion of the Contract of Sale entails the obligation to pay for the ordered Products. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller, indicating the selected form of payment and the method of Delivery.
After placing the order, the Customer may voluntarily consent to the processing of his personal data in order to receive a post-sale survey by checking the appropriate box in the form displayed. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of this data. The survey is used to examine the opinion about the transaction. The customer may voluntarily complete the survey.
11. Placing an order means an offer of the Customer to the Seller to enter into a Contract of Sale of Products covered by the order.
12. After the order is placed, the Seller shall send an order confirmation to the e-mail address provided by the Customer.
13. After confirmation of the order, the Seller shall send information on acceptance of the order for execution to the e-mail address provided by the Customer. Information about acceptance of the order for execution constitutes a statement of the Seller about acceptance of the offer referred to in Article 4.12 above and, upon receipt thereof by the Customer, the Contract of Sale is concluded.
14. When making payments for the purchased Products, listed in Annex 15 to the Act of March 11, 2004 on tax on goods and services (i.e. Journal of Laws of 2018, item 2174 as amended), which payments are documented with an invoice, whose total receivable amount exceeds PLN 15,000 gross or the equivalent of this amount - taxpayers are obliged to apply the split payment mechanism, in accordance with applicable regulations, if it applies to the Customer placing the order.
The invoice issued by the Seller, referred to above, should contain the words: "split payment mechanism". The parties to such a transaction are required to have a settlement account referred to in Art. 49 sec. 1 point 1 of the Act of August 29, 1997 - Banking Law, or a personal account in a cooperative savings and credit union opened in connection with the conducted business activity, kept in the Polish currency.
Article 5 - Payments
1. The prices on the Store's Website placed next to a given Product are net and gross prices and do not contain information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Contract of Sale, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following forms of payment for ordered Products:
a) bank transfer to the Seller's bank account (in such a case execution of the order will shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and once the money is credited to the Seller's bank account);
b) bank transfer via an external payment system PayU, operated by PayU S.A. with its registered office in Poznań (in such a case execution of the order shall be initiated after the Seller sends to the Customer confirmation of acceptance of the order and after information on execution of the payment by the Customer is received by the Seller from the PayU system);
c) cash on delivery, payment to the Supplier upon Delivery (in such a case execution of the order shall be initiated after the Seller sends to the Customer a confirmation of acceptance of the order);
d) bank transfer executed by external PayPal payment system handled by PayPal (Europe) S.à r.l. & Cie, S.C.A. seated in Luxembourg (in such case an accomplishment of an order shall start after a User completes the process of ordering in the Online Shop and after a receipt of notification from PayPal system that a payment has been successfully);
3. The Customer shall be informed by the Seller on the Shop Website about the deadline within which the Customer is obliged to make the payment for the order in the amount resulting from the concluded Contract of Sale.
4. If the Customer fails to make the payment within the deadline referred to in Article 5.3, the Seller shall indicate to the Customer an additional deadline for making the payment and shall inform the Customer about such deadline on a Durable Medium. The information about an additional deadline for making the payment shall also include information that after expiry of such deadline the Seller shall rescind the Contract of Sale. In the event of expiry of the second deadline for making the payment, the Seller shall send to the Customer on a Durable Medium a statement on rescission of the contract.
Article 6 - Delivery
1. The Seller shall execute the Delivery on the territory of the Republic of Poland.
2. Ordered Product(s) shall be delivered to the Customer through the Supplier, to the address indicated on the order form.
If Customer will choose InPost Sp. z o.o. based in Krakow, as a Supplier, Product will be deliver to the mailbox address selected by the Customer at the time of ordering.
If you choose the delivery option provided by the Supplier - a courier company (DPD Polska Sp.z o.o.with headquarters in Warsaw): DPD Pickup, the Delivery address will be the address of the Pickup Point selected by the Customer at the time of ordering.
3. On the day of Products dispatch to the Customer the Seller shall confirm the shipment by e-mail to the Customer.
4. The Customer shall examine the delivered Product(s) in the customary time and manner for shipments of that type in the presence of the Supplier's employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Supplier's employee to draw up a relevant report.
5. Seller, according to the will of the Customar, attach to the shipment being the subject of Delivery a proof of purchase invoice covering the delivered Products or send to the Customer's e-mail address provided in the Registration form a VAT invoice covering the delivered Product(s) in the form of an electronic file in PDF format. To open the file the Customer should have free software compatible with PDF format. For this purpose the Seller recommends the Adobe Acrobat Reader programme, which may be downloaded free of charge at http://www.adobe.com
6. In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address of the Delivery, the Supplier's employee shall leave an advice note or shall attempt to contact the Customer by phone to agree a time when the Customer will be present. If the ordered Product(s) is/are returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or phone to agree the time and cost of the re-Delivery.
Article 7 - Implied Warranty
1. The Seller's liability for the Products under the warranty towards the Customer who is an Entrepreneur is excluded.
2. The Customer may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in an electronic form to the address firstname.lastname@example.org. In the complaint the Customer shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and respond to the Customer.
Article 8 - Guarantee
1. The Products sold by the Seller may be covered by a guarantee granted by the producer or distributor of the Products.
2. In the case of the Products covered by a guarantee, information regarding the existence and content of the guarantee shall be always presented on the Shop Website.
Article 9 - Free Services
1. The Seller renders the following free electronic services to Customers:
c) Customer Account service;
d) Contact Form;
f) Notify about availability.
2. The services specified in Article 9.1 above shall be provided 24 hours a day, 7 days a week.
3. The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
4. The free Chat service, available on the Store's Website, allows you to talk with a consultant, as well as leave an e-mail address for return contact.
5. It is possible to resign from the free Chat service at any time and consists in not using the messenger available on the Store's Website.
6. The Newsletter service means sending electronic information by the Service Provider to e-mail addresses on new services in the Service Provider’s offer. The Newsletter shall be distributed by the Service Provider to all Customers who have subscribed for it.
During the Registration, the Customer may additionally mark a relevant field in the registration form in order to subscribe for the Newsletter service.
7. Every Newsletter addressed to given Customers shall include, in particular: information about the sender, completed field "subject" specifying the content and information about the possibility and manner of unsubscribing from the free service Newsletter.
8. Every Newsletter addressed to given Customers shall include, in particular: information about the sender, completed field "subject" specifying the content and information about the possibility and manner of unsubscribing from the free service Newsletter.
9. A Customer may resign any time from the Newsletter through a resignation from subscription sent through a reference link placed in every e-mail sent within the scope of Newsletter services or through an activation of a respective box in the Customer Account.
10. Contact Form service means using the form at the Online Service Website to send messages to the Service Provider. In order to use the service, the User fills out the form available on the Online Service Website and sends the completed form electronically to the Service Provider by selecting the appropriate functions contained in the form.
11. Resignation from the Contact Form service is possible at any time and includes stopping sending messages to the Service Provider.
12. The Customer Account service is available after the Registration on terms described in the Regulations and consists of making available to the Customer a dedicated panel within the Shop Website enabling the Customer to modify data provided upon the Registration, as well as to track the status of orders and history of already fulfilled orders.
13. The Customer who made the Registration may submit to the Seller a request for deletion of the Customer Account wherefore in the event of submission to the Seller of a request for deletion of the Customer Account, such account may be deleted not later than within 14 days from submission of the demand.
14. The service "Opinions" consists in the Seller enabling the Customers with the Customer Account to publish on the Shop Website individual and subjective opinions of the Customer, in particular relating to the Products.
15. It is possible to unsubscribe from the free service Opinions at any time by discontinuing publishing contents by the Customer on the Shop Website.
16. The free service Notify about availability consists in the Seller enabling the Customer to send a request by the Seller to the e-mail address provided by the Customer using the form available on the Store's website, when the product indicated by the Customer is available in the Store.
17. Resignation from the free Notify about availability service is possible at any time and consists in not using the service posted on the Store's Website.
18. The Seller shall be entitled to block access to the Customer Account and to free services in the event the Customer acts to the detriment of the Seller or other Customers, breaches the law or the Regulations, as well as if blocking access to Customer Account and free services is justified on the grounds of safety, in particular: overcoming securities of the Shop Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above mentioned reasons shall last for a period necessary to resolve issues giving rise to blocking the access. The Seller shall notify the Customer about blocking the access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form.
Article 10 - The Customer's responsibility within the scope of posted contents
1. Posting content and making it available, the Customer makes a voluntary dissemination of content. Posted content does not express the views of the Seller and should not be equated with its activities. Seller is not a content provider, and the only entity that provides for this purpose appropriate ICT resources.
2. A Customer declares that:
a) He/she is entitled to use copyrights, industrial property rights and/or related rights to – respectively – works, subjects of industrial property rights (e.g. trademarks) and/or related rights that constitute contents published by him/her;
b) states that personal data, images and information relating to third parties were posted and made available within the scope of services referred to in Article 9.1 legally, voluntarily and with the consent of persons to whom they refer;
c) agrees to access to the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) He/she agreed on adaptation of work within the meaning of the Act on copyrights and related rights.
3. The customer is not authorized to:
a) post, in connection with the use of services referred to in Article 9.1, personal data of third parties and to distribute images of third parties without the legally required permission or consent of third parties;
b) post, in connection with the use of services referred to in Article 9.1, advertising and/or promotional content.
4. The Seller shall be responsible for content posted by the Customers on condition that it receives notification in accordance with of the Regulations.
5. In connection with the use of services referred to in Article 9.1, the Customers must not post content that might, in particular:
a) be published in bad faith, e.g. with an intention to breach personal rights of third parties;
b) violate any rights of third parties, including rights related to protection of copyrights and related rights, protection of industrial property rights, trade secret or related to any confidentiality obligations;
c) be offensive or constitute a threat addressed to other persons, or contain the vocabulary that violates good customs (e.g. by using vulgar terms or expressions that are commonly regarded as offensive);
d) violate other provisions of the Regulation, good practices, applicable legal provisions and social or moral norms.
6. In the case of receiving notification in accordance with of the Regulations, the Seller reserves the right to modify or delete content posted by the Customers within the scope of their use of services referred to in Article 9.1, particularly with regard to contents which were found to constitute a potential infringement of these Regulations or applicable provisions of law on the basis of reports from third parties or relevant authorities. The Seller does not control posted contents on an on-going basis.
7. The Customer authorises the Seller to use free of charge the content posted by the Customer within the Shop Website.
Article 11 - Notification on threat of infringement or infringement
1. If a Customer or another person or entity believes that contents published on the Webpage violates their rights, personal rights, good practices, feelings, morality, beliefs, fair competition rules, know-how, a secret protected by law or liability, they should notify the Seller on such alleged violation.
2. While having been notified on an alleged violation, the Seller shall undertake activities aimed at deletion of violating contents from the Shop Website.
Article 12 - Personal data protection
Article 13 - Termination of the contract (not applicable to Contracts of Sale)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned agreement and the provisions below.
2. The Customer, who has registered, may terminate the contract for the provision of electronic services by demanding the Seller to remove the Customer Account, using any means of distance communication, allowing the Seller to become acquainted with the Customer's declaration of intent.
3. The Seller may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.
Article 14 - Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract but, in the case of contracts with the Customers being Entrepreneurs, the Seller shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the Entrepreneur.
2. The contents of these Regulations may be recorded by being printed, copied to a storage device or downloaded at any time from the Shop Website.
3. In the event of a dispute related to the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Regulations.
4. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller prior to entry into force of the new Regulations shall be delivered based on the Regulations in force at the date of placing the order by the Customer. The amended Regulations shall enter into force within 7 days from the date of publication thereof on the Shop Website. The Seller shall inform the Customer 7 days before entry into force of the new Regulations about the amendment to the Regulations by email, including a link to the contents of the amended Regulations. If the Customer does not accept the new contents of the Regulations, the Customer shall notify the Seller about this fact, which shall result in termination of the contract in accordance with the provisions of article Article 13.
5. The Regulations shall come into force on 24.07.2020.