Regulations of the platform for ordering B2B EgaKids

Hello!

Below you can find the regulations of the platform for ordering B2B EgaKids, in which information was included, among others about the method of placing an order and conclusion of a sales contract, delivery and payment forms available in the shop or complaint proceedings.

The B2B ordering platform EgaKids belongs to F.P.H.U. "EGA" Ewa Pacak, ul. Częstochowska 18, 42-120 Miedźno.

You can contact us at any time by sending a message to the following e-mail address: biuro@egakids.pl or by calling 48 504 473 888.

We greet you and wish you successful shopping.

The platform team for ordering B2B EgaKids

§ 1

Definitions

For the purposes of these Regulations, the following terms are taken as meaning:

1) Buyer - any entrepreneur within the meaning of art. 431 of the Act of April 23, 1964. Civil Code - Dz. U. of 1964, No. 16, item 93, as amended, hereinafter: the "Civil Code"), i.e. a natural person, a legal person and an organizational unit that is not a legal person, the law of which grants legal capacity, conducting business or professional activity on its own behalf;

2) Regulations - these regulations, available at: https://egakids.pl;

3) Platform - B2B ordering platform EgaKids operating at: https://egakids.pl;

4) Seller - F.P.H.U. "EGA" Ewa Pacak, ul. Częstochowska 18, 42-120 Miedźno, Tax identification number- NIP: 5741532431, REGON: 151363926;

5) Contract - means any contract for the provision of services, a contract of sale, a contract for a specific task, a delivery contract, or any other contract of a similar nature, concluded by the Seller with the Buyer and concerning the services, products or products offered by the Seller along with the services accompanying them.

§ 2

Preliminary provisions

1. Through the Platform, the Seller conducts wholesale sales to the Buyers, while providing the services electronically to the Buyers. Through the Platform, the Buyer may purchase products displayed on the Platform's websites.

2. The Regulations define the terms and conditions of using the Platform, as well as the rights and obligations of the Seller and the Buyers. The Regulations are applicable to all transactions between the Seller and the Buyers, unless expressly stated otherwise.

3. To use the Platform, including in particular to place an order in the shop, it is not necessary to meet specific technical conditions by a computer or other device of the Buyer. The following are sufficient:

1) access to the Internet, 2) standard operating system, 3) standard internet browser, 4) having an active e-mail address.

4. The Buyer cannot place an order on the Platform anonymously or under a pseudonym.

5. The Buyer declares that he enters into a contract as an entrepreneur for purposes related to his business or professional activity. The platform is not dedicated to consumers.

6. It is forbidden to use the Platform to provide unlawful content, in particular by sending such content via the forms available at: egakids.pl.

7. All product prices listed on the Platform websites are net prices.

§ 3

Services provided electronically

Through the Platform, the Seller provides electronic services to the Buyer.
The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order on the Platform. Placing an order requires the creation of an account on the Platform.
After the Buyer sets up an account on the Platform, the Seller will provide the Buyer with an electronic service consisting of setting up and maintaining an account on the Platform. The account stores the Buyer's data and the history of orders placed by him. The buyer logs into the Account using his e-mail address and the password he has defined.
The creation of an account on the Platform is carried out by completing and sending a registration form using the automated platform mechanism. At the moment of sending the registration form, a contract for keeping an account on the Platform is concluded between the Buyer and the Seller. The contract is concluded for an indefinite period, and the Buyer may terminate the contract with immediate effect at any time by deleting the account.
Services are provided electronically to the Buyer free of charge. On the other hand, contracts for placing orders concluded via the Platform are payable.
In order to ensure the Buyer's safety and transfer of data in connection with the use of the Platform, the Seller shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

7. The Seller undertakes actions to ensure that the Platform is fully functioning properly. The buyer should inform the Seller about any irregularities or interruptions in the functioning of the Platform.

8. Any complaints related to the functioning of the Platform, the Buyer may submit via e-mail to the following e-mail address: biuro@egakids.pl. In the complaint, the Buyer should provide full company details, correspondence address, as well as the type and date of irregularities related to the functioning of the Platform. The Seller will consider any complaints within 14 business days of receiving the complaint and will inform the Buyer about its settlement to the e-mail address of the complaining party.

§ 4

Placing an order

The buyer can place an order only as a registered customer.
A registered customer is a Buyer who has an account on the Platform. The buyer can set up an account from the tab: "https://egakids.pl/pl/klient/konto/utwórz/" or during the ordering process.
In order to place an order, the Buyer is obliged to take the following steps:
1. choose the product or products being the subject of the order by clicking the "Add to the basket" button,
2. then log in to your existing account or, for Buyers, for the first time - create a new account (not applicable to the Buyer who logged in to his account before starting the order),
3. from the basket view, click on the "Go to checkout" button,
4. verify the address for sending the order and the Buyer's data - if the Buyer has previously added certain data to the account, he may select this data without having to refill it or provide other data,
5. choose the method of delivery and payment for the order,
6. read the Regulations and accept it - the Buyer accepts the Regulations only if he or she is familiar with its contents and actually accepts its provisions; acceptance of the Regulations is voluntary, but necessary to place an order,
7. click on the "Order" button.
The Buyer must provide true Buyer's details and personal details on the order form. The buyer is responsible for providing false data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer provided false data or if the data raises legitimate doubts of the Seller as to their correctness. In this case, the Buyer will be notified of the above by the Seller by phone or via e-mail. In such a situation, the Buyer has the right to explain all circumstances related to verifying the veracity of the given data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer has made contact. The buyer declares that the person placing the order on behalf of the Buyer.
The Buyer declares that all data provided by him in the order form is true, while the Seller is not obliged to verify its truthfulness and correctness, although he has such permission in accordance with paragraph 4 above.
An order placed by the Buyer becomes binding for the Buyer and the Seller at the time the order is confirmed by the Seller. The Seller reserves the right to refuse the order without giving a reason. In particular, the order may be unfulfilled by the Seller if it is inconsistent with these Regulations or if the Customer is in arrears with payments to the Seller. As a rule, orders are processed in the order they are received, until stocks last. The seller is not responsible for temporary shortages of goods from suppliers.
Sending an order is tantamount to authorizing the Seller to issue a VAT invoice without the Buyer's signature. Any changes to the order, if the Seller agrees, should be immediately confirmed by both parties on the Platform, in writing or by e-mail.

§ 5

Delivery forms and payment methods

The buyer has the following forms of delivery to choose from:

shipment via courier company GEIS PL sp. z o.o. or companies belonging to the GEIS group - PLN 20.00 (payable upon delivery) or PLN 15.00 (prepayment); approximate delivery time: depending on the order quantity, up to 5 business days, from the time the order is processed,
personal collection at the headquarters of FPHU "EGA" Ewa Pacak, ie ul. Częstochowska 18, 42-120 Miedźno.

The cost of delivery is paid by the Buyer, unless the Seller differently determines it on the Platform. Personal collection does not involve any additional delivery costs for the Buyer.

The buyer has the following payment methods for the ordered products:
1. transfer to the Seller's bank account,
2. payment on delivery at the office of the Seller.

4. The ownership of products issued on the basis of the Buyer's order passes to the Buyer at the time of payment of the entire price (reservation of ownership of the item sold).

5. Price lists, catalogues, leaflets, advertisements, etc. referring to the products and services offered by the Seller, including catalogues available on the website, do not constitute an offer within the meaning of the provisions of the Civil Code.

§ 6

Execution of the contract

After placing the order by the Buyer in accordance with the procedure described in § 4 of the Regulations, an order confirmation will be sent to the buyer's e-mail address.
If the Buyer has chosen the method of payment in the form of a transfer to the Seller's bank account, he is obliged to pay for the order within 7 days from the conclusion of the Agreement.
Order processing consists in its preparation for shipment to the Buyer or for personal collection by the Buyer. The order is considered completed when the order is prepared for shipment or for personal collection by the Buyer. Taking into consideration the specificity of the production and sales process, the Seller has the right to provide +/- 3% of the ordered quantity of goods.
The time of order fulfillment is always indicated in the email confirming the order placement.

The order delivery time is counted from the time of payment for the order.
After completing the order, the Seller will send to the Buyer's e-mail address confirmation of the contract and will begin shipping the order to the Buyer or notify the Buyer by e-mail about the possibility of collecting the personal order.
Shipment of the order to the Buyer is carried out in the manner chosen by the Buyer in accordance with § 5 paragraph 1 of the Regulations.

The time of delivery of the order to the Buyer depends on the shipping method chosen by the Buyer and the quantity of ordered goods, and is counted from the date of order fulfilment in accordance with § 6 paragraph 3 of the Regulations.

§ 7

Responsibility for defects

The Seller provides a warranty for the products and services offered and is liable for their defects (quantitative and qualitative deficiencies) only on the terms set out in these Regulations, while the liability of the Seller for defects in products or services expires after 6 months from the date of the issuing the product to the Buyer or the person collecting the product on behalf of the Buyer. The Seller's liability under the warranty for defects described in art. 558 and subsequent of Civil Code is excluded.

If the product sold has a defect, the Buyer may:
1. demand replacement of the product with one free from defects,
2. ask for a price reduction,
The Buyer is obliged to inform the Seller about any quantity shortages in writing, by fax or e-mail without delay, but no later than within 72 hours from the date of receipt of products and / or services. Lack of correct notification to the Seller results in the loss of claims from the aforementioned title. In the case of quantitative shortages of products, the Buyer may demand delivery of the missing quantity of products within the deadline set by the Parties.
As regards the quality of products and services offered by the Seller, the Seller shall be liable only for material defects, i.e. significant deviations of products and / or services from their specification being part of the order or for products classified as defective. The Buyer is obliged to inform the Seller immediately of any defects in the quality of products or services provided by the Seller under the contract, however not later than within 7 days from the detection of the defect. Notification of defects of the delivered product / service performed must be sent before the deadline by registered mail, fax or e-mail, as well as the product being complained about or its sample must be sent, after prior appointment with the Seller. The buyer bears all transport costs related to the return of the product being complained about.
The Buyer may contact the Seller by both traditional mail as well as by e-mail.
The Seller will address the complaint submitted by the Buyer within 14 days from the date of delivery of a complaint by means of a means of communication with which the complaint was filed.
The Seller is relieved of any liability for defects in products or services if the Buyer knew about the defect at the time of concluding the Contract, placing an order, presenting him with an offer, delivering a delivery document, and in other cases specified in applicable law.
If the complaint is accepted taking into account the provisions of these Regulations, the Seller undertakes to exchange the purchased product for a product free of defects or remove the defect, at the discretion of the Seller. In such cases, the product will be replaced without undue delay, as long as the product free from defects, including the product ordered by the Buyer is available in the Seller's warehouses. Otherwise, the exchange will be made within 12 weeks from the date of filing the defect at the latest.
If a complaint regarding a quality defect is accepted, the Seller and the Buyer may agree - instead of replacing the product or removing the defect - a corresponding reduction of the price payable by the Buyer or termination of the Agreement with the mutual return of the services provided.
If the Buyer does not report a quality or quantity defect in products or services in accordance with the provisions of these Regulations, it is considered that the products and / or services have been delivered / made in accordance with the Agreement, and all rights and claims of the Buyer in this respect expire.

§ 8

Personal data and cookies

The rules regarding the processing of personal data and the use of cookies are included in the privacy policy available at: https://egakids.pl/en/privacy-policy

§ 9

Responsibility

Notwithstanding other limitations resulting from these Regulations, the total liability of the Seller towards the Buyer for non-performance or improper performance of the Contract or for any other title is limited to the net price of the order with which the Seller's liability is associated.
Under no circumstances shall the Seller be liable for lost profits (lucrum cessans), damage (costs / expenses) resulting, indirect or special, as well as the loss of the reputation, market or customers by the Buyer.
The Seller shall not be liable for products used in a manner inconsistent with its intended use and technical properties, as well as for damages resulting from failure to follow the instructions and commandments of the manufacturer or the Seller.
The above limitations of liability shall not apply to damages resulting from the intentional fault of the Seller.

§ 10

Final Provisions

The Seller reserves the right to introduce and cancel offers, promotions and to change prices of products on the Platform without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
The Seller reserves the right to make changes to the Regulations at any time by posting the appropriate information on the website: https://egakids.pl. The Regulations in force at the date of conclusion of the Agreement shall apply to contracts concluded prior to the amendment of the Regulations. The change in the Regulations is valid from the moment it is posted on the above-mentioned website to the Buyers in relation to all events occurring after the change, subject to paragraph 3 below.
Buyers who have an account on the Platform of any change to the Regulations will be notified by e-mail to the e-mail address assigned to the account. If the content of the new Regulations is not accepted, the Buyer has the right to terminate the account agreement within 14 days of the change of the Regulations by deleting the account or submitting to the Seller an appropriate statement, in any form, about termination of the account agreement.
Any general terms and conditions applied by the Buyer, as well as detailed terms and conditions resulting from the order placed by the Buyer, which deviate from the provisions of these Regulations, are not binding and do not apply to cooperation between the Seller and the Buyer, in particular in relation to offers, contracts and transactions with the Seller, unless the Seller expressly declares in writing under pain of nullity that such terms and conditions of the Buyer apply to a specific contract, order or transaction. Possible consent to the use of such commercial terms does not mean that they have or will apply to other transactions concluded between the Seller and the Buyer.
If the offer submitted by the Seller or the contract concluded between the Seller and the Buyer contains provisions differing in part from those contained in the Regulations, the remaining provisions of the Regulations shall remain in force, unless the Parties expressly agree otherwise. Any changes to the Regulations require clear expression of the will to change a specific provision of the Regulations by the Seller.
In the event of a potential dispute, the Parties undertake to make every effort to resolve them amicably through direct negotiations. In the event of inconvenient resolution of the dispute between the Seller and the Buyer, the competent court will be the common court competent for the seat of the Seller.
These Regulations are subject to Polish law.
These Regulations are effective from 02/05/2019.
All archival versions of the Regulations are available for download in .pdf format - links are found below the Regulations.