1. These regulations determine general terms, rules and methods of sale conducted by FAG S.A., head office in Głuchołazy, through B2B Platform https://b2b.fagsa.com.pl 1. (hereinafter referred to as „B2B Platform”) and regulates rules and conditions of providing free of charge online services by FAG S.A.
Customary working days – means days of the week from Monday to Friday with exclusion of days statutorily free from working.
Delivery – means factual act of delivering Goods specified in order or Seller’s own transport to Client by Seller, through the agency of Supplier.
Supplier – means courier company, with whom the Seller cooperates in the field of effecting of Delivery of Goods or Seller’s own transport.
Password – means a series of letters, numbers or other signs chosen by the Client, used in order to secure access to Client’s Account on B2B Platform. It is the Client who sets the Password while registration of his Account on B2B Platform.
Client – means natural person, legal person or organizational entity not having legal personality which the law grants legal capacity, running a business or professional activity on its own behalf..
Client’s Account – means individual panel for each Client, activated for him by the Seller.
Login – means individual Client’s indication consisting of letter, digital, or other signs required along with the Password sign into the Client’s Account on B2B Platform.
Regulations – means current regulations of B2B Platform.
Registration – means factual act executed in the way determined in Regulations, required for the Client to use all functionalities and benefits of the B2B Platform.
Internet Website of B2B Platform – means internet websites, under which Seller runs B2B Platform, functioning within a domain of b2b.fagsa.com.pl
Goods – means products presented by Seller through B2B Platform.
Sale agreement – means sale agreement concluded online on the rules determined in Regulations between Client and Seller.
§ 2 General provisions
All rights to B2B Platform, including copyright, intellectual property rights to its name, internet domain, Internet Website of B2B Platform, as well as to modules, forms, and logotypes, belong to Seller and the use of them may only take place in a manner specified and in accordance with the Regulations.
B2B Platform is made available by Seller through Internet Network and Internet Website of B2B Platform as the resource of IT system.
§ 3 Using B2B Platform
Using B2B Platform means any Client’s activity, which leads to familiarization with contents included in Internet Website of B2B Platform, with reservation of provisions from §4 of Regulations.
Using B2B Platform can be carried on only on rules and in extent determined in Regulations.
In an effort to place an order on B2B Platform and in order to use the Services available on the Store’s Websites it is necessary for the Client to have an active e-mail account.
Client while using B2B Platform is not entitled to any interference in content, structure, form, graphics, and in B2B Platform mechanism of functioning.
It is prohibited for the Client to provide unlawful content and using the B2B Platform, Internet Website of B2B Platform or free of charge services provided by Seller, in unlawful manner, in the manner against with public decency, infringing personal rights of third parties or legitimate interests of the Seller.
Client is entitled to use resources of B2B Platform only for one’s own use. It is not allowed to use the resources and functions of the B2B Platform in order for the Client to conduct activities that would infringe the interests of the Seller.
Seller declares that the public character of the Internet and use of services provided online may involve the risk of obtaining and modifying Client’s data by unauthorized persons, therefore Clients should use appropriate technical measures that will minimize the above-mentioned risks. In particular, use anti-virus programs and protect the identity of those using the Internet. The Seller never asks the Client to provide him with a Password in any form.
§ 4 Registration
In order to create the Client’s Account, Client informs the Seller about their willingness to join B2B Platform.
Registration is necessary for the Clients to submit their orders on B2B Platform.
In order to register, Client fills in the form at b2b.fagsa.com.pl.
Filling of the register form is conducted with the preservation of the following rules:
a) The Client shall fill in all boxes of registration form, unless the box is marked as optional;
b) Information filled in registration form should only apply to the client and be truthful, whereby the Client is the person responsible for the information entered into registration form;
c) Client should familiarize oneself with the Regulations;
d) The Client should consent to the processing of one’s personal data included in the registration form in order to provide services in one’s favor and for statistics purposes, whereby the Client has a right to access to their personal data as well as to change and delete it.
Sending a completed registration form is unambiguous with:
a)familiarization and acceptance of Regulations;
b)conclusion of agreement for the provision of services by the Seller in the form of running of the Client’s Account;
c)entitlement of the Seller to processing of Client’s personal data included in registration form in order to provide service of running the Client’s Account and for statistics purposes and consent to transfer to the Client’s e-mail address information related to Client’s Account technical support by the Seller.
During the registration, Client can consent to processing of their personal data for marketing purposes. In that event, the Seller clearly informs, about the purpose of gathering of Client’s personal data, as well as about the known or predicted recipients of this data. Expressing consent to the processing of personal data for marketing purposes takes into account that:
a) consent is voluntary and can be withdrawn at any time;
b) Client who is the subject of personal data, has a right to access to the content of personal data as well as to changing and delete it;
c) entrusting the Seller with personal data is done by selecting the appropriate field in the registration form.
Expressing consent to the processing of personal data for marketing purposes means in particular consent to receive commercial information from the Seller or advertisers cooperating with the Seller to the e-mail address of the Client provided in registration form.
The Client is obliged to make every effort to maintain confidentiality and not to give access for the Password to third parties. In the event of any circumstances indicating the suspicion that the Password was in the possession of an unauthorized person, the Client is obliged to immediately notify the Seller of this fact, using the available means of communication. In this situation, the Client will receive a new password from the Seller.
Seller creates and implements protection against unauthorized use, multiplication or peddling of contents included on Internet Website of B2B Platform. If the Seller applies above-mentioned protection, Clients obligate themselves to refrain from any actions aiming at deleting or circumventing such protection or solutions.
§ 5 Orders, payment, and fulfilment
Information on Internet Website of B2B Platform does not constitute the Seller’s offer.
Client can make orders on B2B Platform for 7 (seven) days a week and 24 (twenty-four) hours per day through Internet Website of B2B Platform.
Client completes the order by choosing Goods they are interested in, specifying quantity and by choosing “Add to cart” they put it into “CART”. After completing the order and choosing “NEXT” in the “CART”, the Client fills in the form containing the address of Delivery. After specifying the address of
Delivery, Client, by choosing „ORDER” submits the order through sending form to Seller. Each time before the order is sent to the Seller, the total price of selected Goods is given.
Placing an order constitutes the submission by the Client of the Seller of an offer to conclude a contract for the sale of the Goods being the subject of the order.
After submitting an order, Seller sends on the e-mail given by the Client confirmation of order. Confirmation of order constitute declaration of Seller about the reception of offer which is mentioned in §5 section 4 above.
On the basis of submitted offer, the Seller verifies the order.
In the absence of the ordered Goods on the B2B Platform or the lack of possibility to perform the Client’s order for other reasons, including event when the purchase of Goods from Seller is impossible in time estimated for execution of an order, Seller will inform Client via e-mail or by phone about the circumstances.
If the execution of the order turns out to be impossible, the Seller may propose to the Client:
a) canceling of the entire order (the choice of this option by the Client releases the Seller from the obligation to perform the order);
b) canceling the part of the order, which execution is impossible in estimated time (selection of this option by the Client releases the Seller from the implementation of the order to the extent to which it is impossible)
c) division of the order and defining the date of order completion in the part of which the implementation is initially impossible (selecting this option by the Client means that the Delivery will be made in separate shipments, however the Client will not be charged with additional delivery costs related to the division of the order).
In the absence of the ordered Goods or the lack of possibility to perform the Client’s order for other reasons, including event when the purchase of Goods from Seller is impossible in time estimated for execution of an order, Client bares the right to withdraw the sales agreement within 30 (thirty) days from the date of its conclusion.
Seller reserves the right to withdraw from the sales agreement within 14 (fourteen) days from its conclusion in the event, when it was concluded during a malfunction on B2B Platform, including Internet Website of B2B Platform, especially in the case of displaying incorrect prices or product descriptions on the site. 11. In the case of positive verification of the availability of the Goods, the Client receives from the Seller, information about acceptance and confirmation of an order to previously specified by the Client e-mail address, with reservation of §5 section 15 below.
Prices on the Internet Website of B2B Platform listed for the given Goods:
a) constitute net prices (without VAT) and are specified in PLN
b) do not include information about Delivery cost, about which Client will be informed after submitting an order.
c) do not include information about possible custom duties, if the delivery address is is abroad Poland.
The final price binding the parties of sales agreement is constituted by the Goods price on Internet Website of B2B Platform when the order is placed by the Client.
Client makes a payment for ordered Goods after receipt of invoice in the period indicated in the invoice by bank transfer on the Seller’s bank account. The Seller provides a VAT invoice along with the Delivery of the ordered Goods.
Client can modify orders until receiving on the e-mail address information confirming the acceptance of order. In particular, the changes may concern the scope of the subject of the order, cancellation of all or part of the order, change of the address of the Delivery, or change of data on the VAT invoice. If the Customer adds new Goods to an order that is already in progress, but before sending the parcel by the Seller, it may affect the extension of the order processing time. In the event of resignation from all or part of the order.
Seller can insert information about the number of Customary working days needed to complete the order on Internet Website of B2B Platform.
Ordered Goods are delivered to Client through Supplier, at the address indicated in order form.
Seller sends information to the Client when will they receive the Goods by phone or via e-mail.
The Client should examine the delivered parcel in time and in the manner accepted with parcels of a given type, in the presence of the Supplier’s employee.
The Client has the right to demand from the Supplier’s employee to write down the proper protocol in the event of a loss or damage to the parcel.
Client is entitled to collect in the person ordered Goods. Collection can be made in the Seller’s Office on Customary working days from 8 a.m. to 2 p.m. after prior determining of collection time by phone or via e-mail.
In the absence of the Client at the address given when placing the order as the Delivery address, with reservation of §5 section 18, Seller will contact the Client via e-mail or by phone, setting the date and cost of Delivery with the Customer again.
6 ree of charge services
Seller provides following free online services to Clients:
a) Running the Client’s Account;
Services pointed in w §9 section 1 above are provided 24 hours a day, 7 days a week.
Seller reserves the right to choose and change the type, form, time and way of giving access to picked services, and will inform the Clients about such an event in the way appropriate for the change of Regulations.
Service of Running of a Client’s Account is available after Registration made according to rules mentioned in §4 and §5 of Regulations.
Every Client uses the Newsletter service by default,
Newsletter Service is based on sending by the Seller on e-mail address of specified Clients electronic messages involving information about new products or services in Seller’s offer. Newsletter is sent by the Seller to all Clients registered on the B2B Platform.
Each Newsletter addressed to Clients involves in particular:
a) information about the sender;
b) filled box “topic”, specifying the content of message and
c) information about the possibility and method of withdrawal from the free Newsletter service.
Client may submit his comments to the Seller in connection with the use of the above-mentioned free services. Comments should be submitted in electronic form. Seller, as far as possible, but not later than within 21 (twenty-one) Customary working days gives an answer on justified Client’s objections on Client’s e-mail address specified in submission of comments.
Client may unsubscribe from receiving the Newsletter at any time.
Seller is authorized to block access to Client’s Account and free of charge services in the event of the Client acting to the detriment of the Seller or other Clients, or in the event of violation of the provisions of law or the provisions of the Regulations by the Client, and also when blocking access to the Client’s Account and free services is justified by security reasons – in particular: breaking of Internet Website of B2B Platform security or other hacking activities performed by Client. Blocking of access to the Client’s Account and to free of charge services mentioned lasts for the period necessary to resolve the issue constituting the basis for blocking access do Client’s account and free of charge services. Seller informs the Client about blocking access to Client’s Account and to free of charge services via e-mail on the address specified by Client in registration form.
§ Warranty Conditions
Guarantees are granted on general terms constituting an attachment to certificate of quality.
Complaints are dealt with on general terms constituting an attachment to certificate of quality.
Seller is entitled to outages and interferences in providing online services and in making available Internet Website of B2B Platform, because of the following the reasons:
a) modification, modernization, extension or maintenance of an IT system or software of the Seller;
b) force majeure, actions of omissions of third parties (activities independent of the Seller).
Seller shall be liable only in the event of deliberate damage and within the limits of the actual losses suffered by the Client being the Entrepreneur.
Seller is not responsible for non-performance or improper performance of online services provided, if it is caused by third parties (in particular, telecommunication operators, providers of telecommunication lines and electricity). However, the Seller bears responsibility as for his own act or omission for actions or omissions of persons with whom he provides services electronically, as well as persons entrusted with the performance of these services.
Seller is not responsible for the impossibility or inconvenience in using the B2B Platform, coming from reasons attributable to the Client, in particular for the loss or obtaining by third parties (regardless of method) of the Client’s Password. Seller is, however, liable if the Client’s loss or entry into possession of his Password has occurred for reasons attributable to the Seller or the reasons for which the Seller is liable.
Seller shall not be liable for damages caused by Client’s actions or omissions, in particular for their use of the B2B Platform in a manner inconsistent with applicable law or the Regulations.
The sole source of the Seller’s obligations is these Regulations and mandatory legal provisions.
§ Personal data and ”Cookie” files
Administrator of Client’s personal data passed to Seller voluntarily as a part of Registration and as a part of online services or other circumstances specified in Regulations is the Seller.
Personal data will be processed by the Seller only on the basis of permission to process personal data and only in order to provide orders or online services by the Seller as well as in other purposes specified in the Regulations.
Personal data is passed to the Seller voluntarily with reservation that not passing data specified in Regulations during the Registration process make Registration and establishing of the Client’s Account impossible, making submission and realization of order unworkable.
Anyone who passes his personal data to the Seller has the right to access their content and to correct and delete it.
Seller provides the opportunity to remove personal data from the personal data filing system, in particular in the event of deletion of the Client’s Account. The Seller may refuse to delete personal data if the Client 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 Client’s liability.
Seller protects the personal data transferred to him and makes every effort to protect them against unauthorized access or use. The set of collected personal data of clients is treated as a separate database, stored on the Seller’s server, in a special security zone ensuring proper protection.
Seller does not transfer, sell or lend collected Client’s personal data to other persons or institutions, unless it is done with the consent or at the request of the Client, in accordance with applicable law or at the request of the court, prosecutor, police or other authorized authority in the event of a breach of law by the Clients.
Seller reserves the right to disclose aggregate, general statistical summaries relating to Clients cooperating with the Seller to companies and online services. Such listings refer to the viewing of Internet Website of B2B Platform and do not contain Clients’ personal data.
Seller uses the mechanism of “cookie” files, which while using the Internet Website of B2B Platform by Clients, are saved by the Seller’s server on the hard disk of the Client’s end device.
The use of “cookies” is aimed at the correct operation of the Internet Website of B2B Platform on the Clients’ end devices. This mechanism does not destroy the Client’s end device and does not cause any configuration changes in the Client’s end devices or software installed on these devices. “Cookies” are not intended to identify Clients.
Seller uses the “cookies” mechanism to:
a) remember information about Client’s end devices;
b) verify and develop his offer;
c) statistics purposes.
Every customer can disable the “cookies” mechanism of the web browser of his terminal device. Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of Internet Website of B2B Platform.
§ 10 Termination of an agreement (do not relate to Orders/Sales agreements)
Each of the Parties may terminate the contract for the provision of electronic services at any time and without giving reasons with preservation of laws acquired by the other Party before the termination of the above-mentioned contract and provisions below.
Registered Client terminates the contract for the provision of electronic services by filing a request to delete the Seller’s Account using any means of remote communication, allowing the Seller to read the Client’s will, the termination of the contract after the notice period of 7 (seven) days.
Termination of the contract does not relieve the Client from fulfilling his obligations towards the Seller if they exist at the date of termination of the contract.
Seller shall terminate the contract for the provision of electronic services by sending to the Client an appropriate declaration of intent to the e-mail address provided by the Client during the Registration.
§ 11 Final provisions and change of Regulations
Regulations applies from the day of its release on the Internet Website of B2B Platform and replaces the previously applicable Regulations of B2B Platform.
The content of these Regulations may be recorded by printing, saved on a medium or downloading at any time from Internet Website of B2B Platform.
Regulations may be changed. Every Client will be informed about the amendments to the Regulations by Seller through information that include the set of amendments sent to them via e-mail on specified by them in registration form address.
Informing about the change in the Regulations in the manner specified above shall take place no later than 7 (seven) Customary working days prior to the introduction of the amended Regulations. In the event that the Client who has a Client’s Account does not accept the new contents of the Regulations, he / she is obliged to notify the Seller about this fact within 7 (seven) days from the date of informing about the change in the Regulations. Lack of acceptance results in the termination of the contract in accordance with the provisions of §10.
All orders accepted by the Seller for execution before the date of amendment of the Regulations are implemented on the basis of the regulations, which were in force on the date of placing the order by the Client.
If any part of the Regulations turns out to be invalid or ineffective in the light of the provisions of applicable law, this part should be interpreted in such a way that it complies with the applicable law and reflects the intentions of the given provision as closely as possible. The remaining parts of the regulations remain in full force and are fully effective.
In the event of a dispute arising out of the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
Regulations takes effect within 1st of January 2016.
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