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Countries1. GENERAL PROVISIONS
1.1. The Internet shop available at the Internet address www.b2b.3mk.pl is operated by 3mk Protection sp. z o.o. registered in the National Court Register under the KRS number: 0000869762, held by the District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Division of the National Court Register. Address of place of business and address for service: ul. Krotoszyńska 35, B-02/4a, 63-400 Ostrów Wielkopolski, NIP 6222833086, REGON 387612157, e-mail address: b2b@3mk.pl.
1.2. This Online Shop and the Terms and Conditions and all the provisions contained therein are addressed to and thus binding only on a Customer or a Customer who is not a consumer, and from 1 January 2021 and for agreements concluded from that date onwards, who is not also a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
1.3. The administrator of the personal data processed in the Online Shop in relation to the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Shop that enables the creation of an Account.
1.4.3. ORDER FORM - an Electronic Service, an interactive form available in the Online Shop that allows the placement of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the manner of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person who is an entrepreneur for whom the use of the On-line shop, including the conclusion of Sales Agreements, is directly related to his/her business activity and it has a professional character for that person (that is, not a consumer, and as of 1 January 2021 and for agreements concluded as of that date, not also a natural person concluding a contract directly related to his/her business activity, when the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject matter of the contract. and for agreements concluded as of that date, also not being a natural person concluding an agreement directly related to that person's business activity, when it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of that person's business activity made available on the basis of the provisions on the Central Register and Information on Business Activity); (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by the Act - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Shop.
1.4.8. PRODUCT - a movable item available at the Internet Shop, service or right being the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. RULES - these regulations of the Internet Shop.
1.4.10. INTERNET SHOP - the Service Provider's online shop available at the following internet address: www.b2b.3mk.pl.
1.4.11. SELLER; SERVICE PROVIDER - 3mk Protection sp. z o.o. entered in the National Court Register under KRS no.: 0000869762, held by the District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register. Address of place of business and address for service: ul. Krotoszyńska 35, B-02/4a, 63-400 Ostrów Wielkopolski, NIP 6222833086, REGON 387612157, e-mail address: b2b@3mk.pl.
1.4.12. CONTRACT OF SALE - the contract of sale or performance of the Product concluded or entered into between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Internet Shop.
1.4.14. SERVICE PROVIDER - (1) a natural person who is an entrepreneur for whom the use of the Online Store is directly connected with his/her business activity and it has a professional character for that person (i.e. who is not a consumer, and from 1 January 2021. and for contracts concluded from that date, also not being a natural person concluding a contract directly related to his/her business activity, when it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity); (2) a legal person; or (3) an organisational unit without legal personality, to which the Act grants legal capacity - using or intending to use an Electronic Service.
1.4.15. ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available on the Online Shop: Account, Order Form.
2.1.1. Account - using the Account is possible after the acceptance of an invitation sent by the Service Provider to the indicated e-mail address.
2.1.1.1 The Electronic Service of the Account is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: b2b@3mk.pl or in writing to the address: ul. Krotoszyńska 35, B-02/4a, 63-400 Ostrów Wielkopolski.
2.1.2. Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the ‘Send basket’ box on the Online Shop website after completing the Order Form - until this point the Customer has the possibility of modifying the data entered (for this purpose, the Customer should be guided by the messages displayed and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: company name, Tax Identification Number, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in the web browser.
2.3. The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.
2.4 Complaint procedure concerning Electronic Services:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions), the Customer may submit:
2.4.1.1. in writing to the address: ul. Krotoszyńska 35, B-02/4a, 63-400 Ostrów Wielkopolski;
2.4.1.2. in electronic form via e-mail to: b2b@3mk.pl.
2.4.2 The Client is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3 The Service Provider shall respond to the complaint immediately, but no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 3.3.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions and receipt of the order confirmation referred to in point 3.3.2.
3.2. The Product price displayed on the website of the Online Shop is given in Polish zloty in net value. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services charges) and other costs, and if the amount of these charges cannot be established - about the obligation to pay them, the Customer is informed on the website of the On-line Store during the process of placing the Order, including also at the moment of expressing by the Customer the will to be bound with the Sales Agreement.
3.3. Procedure of concluding a Sales Agreement at the Online Shop by means of the Order Form
3.3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order at the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. The recording, securing and making available to the Customer the content of the concluded Sales Agreement is done by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.
4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT
4.1. The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
4.1.1. Payment by cash on delivery upon collection of the consignment.
4.1.2 Payment by bank transfer/trade credit.
4.2. Payment term:
4.2.1. If the Customer chooses prepayment, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days of the conclusion of the Sales Contract.
4.2.2. In case the Customer chooses cash on delivery payment, the Customer shall be obliged to make payment on delivery.
4.2.3. If the Customer chooses to pay by bank transfer/credit transfer, the Customer shall be obliged to make payment in accordance with the deadline specified on the invoice.
5. THE COST, MEANS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available in the territory of the Republic of Poland and Europe.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of Product delivery (including transport, delivery and postal services fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning costs of delivery and during the process of submitting the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 The Seller makes available to the Customer the following methods of delivery or collection of the Product:
5.3.1 Courier delivery, cash on delivery.
5.4 The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter period is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 10 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:
5.4.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or clearing account is credited.
5.4.2. If the Customer chooses cash on delivery payment method - from the date of the conclusion of the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the Product warranty towards the Customer is excluded.
7. RIGHT OF WITHDRAWAL
7.1. The Customer and the Customer are not entitled to withdraw from the contract.
8. ADDITIONAL PROVISIONS
8.1. The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
8.2. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
8.3. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending an appropriate statement to the Customer.
8.4. The liability of the Service Provider/Seller towards the Client/Customer, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client/Customer against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.
8.5. Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
9. FINAL PROVISIONS
9.1. Contracts concluded through the Online Shop shall be concluded in the Polish language and in accordance with Polish law.
9.2. Change of Terms and Conditions:
9.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
9.2.2. In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the changes to the Terms and Conditions result in the introduction of any new fees or an increase in the current fees, the Customer has the right to withdraw from the contract.
9.2.3. In the case of conclusion of agreements of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the rights acquired by the Customer/Customers before the date of entry into force of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the Sales Agreements concluded, executed or performed.
9.3. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended) and other relevant provisions of universally applicable law.
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