B2B – AQUA SPEED Terms and Conditions
The usage conditions for the B2B System, further referred to as Regulations, defines the terms and conditions, as well as the way of using the B2B System.
GENERAL TERMS
1. The owner of the B2B – AQUA SPEED System, further referred to as Online Shop b2b-aquaspeed.com.pl is the company PPHU SPORTEX Grzegorz Bielecki, with registered office in Łódź, at Obywatelska 157, Poland and entered in the Register of Economic Activities of the Mayor of the City of Łódź under the number 17018. NIP: 729-000-13-29, REGON: 470523797.
2. Online Shop b2b-aquaspeed.com.pl available on the Internet site under the address www.b2b-aquaspeed.com.pl allows to shop via the Internet
3. The following Regulations define the terms and conditions of using the Online Store b2b-aquaspeed.com.pl, placing orders for products available in the Online Store b2b-aquaspeed.com.pl, delivering the ordered product to the Buyer, payment by the Buyer for ordered goods, presenting sale prices of products, present the rights of the Buyer to cancel their order and withdraw from the agreement, and filing and considering complaints.
4. Prices of Goods displayed in the Online Store b2b-aquaspeed.com.pl for Buyers based in Poland are net prices in Polish Złoty. Prices for Buyers from outside of Poland are displayed in Euros.
5. All prices of Goods available in the Online Store b2b-aquaspeed.com.pl are only an invitation to place an order in the understanding from Art. 71 of Code of Civil Law and do not constitute an offer in the understanding from Art. 66 paragraph 1 of the Code of Civil Law.
REGISTERING AN ACCOUNT AT b2b-aquaspeed.com.pl
6. The platform b2b-aquaspeed.com.pl is directed exclusively at institutional clients. Registration can be done only by Contractors, whose business profile is comprised of further reselling sports and tourist equipment. The Company does not cooperate with the Contractors on the basis of dropshipping. In order to register an account in the Online Store b2b-aquaspeed.com.pl, the customer needs to contact the Company PPHU SPORTEX – by calling the number: +48 42 218 50 99 ; by sending an email to the address info@aquaspeed.com.pl ; using the contact form.
7. After a positive verification, a Main Account is set up by the shop Operator, with the Contractor being informed about this fact via an automatically-generated e-mail. The e-mail is sent to the e-mail address submitted by the Contractor during verification. This e-mail address is also the login used by the Contractor to access the Online Store b2b-aquaspeed.com.pl. Each login to Online Store b2b.aquaspeed.com.pl is performed using the credentials submitted in the registration form.
8. The system B2B-AQUASPEEDallows to create within the Main User Account, secondary employee accounts with appropriate permissions. In order to set up such secondary account, the Contractor need to contact the shop Operator using the e-mail address info@aquaspeed.com.pl or with their Customer Attendant.
9. Registration in the Online Store b2b-aquaspeed.com.pl is free of charge.
PLACING AN ORDER AND ORDER AND ORDER PROCESSING
10. The e-mail address and telephone number provided by the Buyer during registration, shall only be used for the purposes of processing of orders placed by the Buyer.
11. The primary condition for the processing of orders is a correct completion of an order form by the Buyer. The form is available in the Online Store b2b-aquaspeed.com.pl
12. In the event of occurrence of such conditions which will completely or temporarily prevent the processing of an order, b2b-aquaspeed.com.pl reserves the right to stop the processing of an order and promptly inform the Buyer of the situation.
13. Purchased goods shall be delivered to the shipping address provided in the order form.
14. The Buyer may define an unlimited number of shipping addresses on their Main User Account. Due to this, the Buyer must make sure to specify that the correct shipping address has been selected for the order. Shipping addresses specified by the Buyer for any given order will not be verifier during order processing.
15. The Buyer has the right to choose the shipping method, as specified in the order form.
16. During the Purchase, the Buyer has the possibility to choose between the following payment methods: payment upon delivery, bank transfer (prepayment or payment term) and payment upon personal collection of the order. In case of invoices with payment term, payment conditions are determined individually for each Buyer.
17. For deliveries within Poland in case of orders with value below PLN 1000 gross, the Buyer covers the cost of delivery. For orders with value exceeding the PLN 1000 gross, shipment cost is covered by PPHU SPORTEX.
18. The orders can be placed 24 hours a day, 7 days a week, throughout the whole year. Order placed on working days after 4:00 PM, on Saturdays, Sundays or during holidays will start to be processed on the next working day. The orders shall be processed during 1-3 days after they have been accepted by the Operator.
19. We reserve the right to temporary shortages of certain stock items. The Buyer shall be promptly informed of such shortages among ordered products.
20. The Seller bears no responsibility for shipments undelivered due to incorrect addresses provided by the Buyer. The costs of resending the order shall be covered by the Buyer.
21. Discount coupons and codes have expiry dates set by the Seller. Goods purchased using such coupons or codes are not subject to additional discounts and promotions.
WARRANTY AND COMPLAINTS
22. The Seller bears responsibility for physical or legal faults of the Goods delivered to the Buyer.
23. The Buyer may exercise standard warranty rights for the physical faults of the goods independently of the guarantee provided by the Producer. Exercising the Producer guarantee does not influence the responsibility of the Seller from the standard guarantee rights.
24. Goods offered in the Online Store b2b-aquaspeed.com.pl are subject to Producer warranty and are delivered do the Buyer together with appropriate warranty cards, is such cards are provided by the Producer or Importer. In other cases, the basis of a warranty claim is a proof of sales of the Goods.
25. In the case of a warranty claim, the Buyer should contact the Online Store b2b-aquaspeed.com.pl under the e-mail address reklamacje@aquaspeed.com.pl or by calling the phone number +48 42 218 50 99.
26. The Buyer is obliged to check the contents of the package sent from the Seller in the presence of the courier. In case of damage to the Goods or items missing from the package, the Buyer must prepare a damage report.
27. In the case of warranty claims, the Buyer should send a package to the address of the Online Store b2b-aquaspeed.com.pl – AQUA SPEED, ul. Obywatelska 157, 94-104 Łódź, Poland.
28. Shipping costs connected to an accepted warranty claim is covered by the Seller. Payment upon receipt packages will not be accepted by the Seller.
29. We inform that in the case of Sales Contract where the Buyer is a company/entrepreneur, the right to withdraw from a distance contract does not apply. The Act of 30 May 2014 on consumer rights, Journal of Laws of 24 June 2014. Pos. 827 allowing for a withdrawal from a distance contract is a Consumer Act, regulating relations between the Entrepreneur and the Consumer, i.e. a natural person, engaging with an Entrepreneur in a legal act not connected directly with his or her professional of business activity.
30. We inform that every Buyer may use extrajudicial means of dealing with complaints and redress. For this reason, a unique Internet ODR platform has been made available at http://ec.europa.eu/consumers/odr/ . The ODR platform is an interactive and multilingual Website with a comprehensive service for consumers and entrepreneurs seeking an extrajudicial settlement of a dispute regarding contractual obligations under an online sales contract or contract for the provision of services.
PERSONAL DATA AND PRIVACY POLICY
31. A User placing an order in the B2B – AQUA SPEED System submits voluntarily and personally the following information: name and surname of a contact person, name of the company, e-mail address, contact phone address, company address and the Company Identification Number in the registration form of the Online Store. Submitting the data is voluntary, however lack of such data will prevent the Seller from processing the order. The legal basis for data processing by the Administrator is the necessity of processing for the performance of the contract (Art. 6 Par. 1 Let. b) GDPR), and for optional data - the legal basis for processing is consent (Art. 6 Par. 1 Let. a) GDPR).
32. The Online Store also processed other User data:
a. for analytical and statistical reasons - the legal basis for processing is the Administrator's legitimate interest (Art. 6 Par. 1 Let. F) GDPR), consisting in analysing Users' activities on the Website and how to use the account, as well as their preferences, in order to improve the functionalities used;
b. in order to potentially determine, investigate or defend against claims - the legal basis for processing is the Administrator’s legitimate interest (Art. 6 Par. 1 Let. f) of the GDPR) aimed at the protection of his rights;
c. for marketing purposes of the Administrator and other entities - the legal basis for processing is the justified interest of the Administrator (Art. 6 Par. 1 Let. f) of the GDPR) aimed at the protection of his rights;
33. For the purpose of completing the order, the Online Store may transfer the User’s personal data in the scope of the contact person’s name, surname, company name and address, e-mail address and phone number to third parties for the sole purpose of proper performance of the contract. This consent includes in particular the transfer of data to a company providing courier services to the Administrator in order to send a parcel, as well as transfer of data to websites that support online payments on the terms set out in the regulations of using the services of these websites.
34. The Administrator of personal data is PPHU SPORTEX Grzegorz Bielecki with its registered office in Łódź at ul. Obywatelska 157, entered into the Register of Economic Activities of the Mayor of Łódź under the number 17018. NIP: 729-000-13-29, REGON: 470523797. Personal data entrusted to the Administrator are protected in accordance with applicable law and from the date of entry into force in accordance with the Regulation of the Parliament European Union and Council (EU) 2016/679 of 27 April 2016 and legal acts that will be issued in its implementation.
35. The User has the right to inspect his personal data, correct it and demand its limitation or removal. The user also has the right to object to data processing as well as the right to request the transfer of his data.
36. The User may at any time withdraw the consent to further processing of personal data. Withdrawal of consent does not affect the lawfulness data processing which happened on the basis of consent before the consent has been withdrawn.
37. The user has the right to file a complaint about the processing personal data by the Administrator to the President of the Office for Personal Data Protection.
38. The User may give additional consent to the processing of his personal data in the scope of: email address, first and last name of the contact person in the company for marketing purposes of the Administrator and other related entities in order to inform the Customer about new goods, promotions and services available in Online Store in the form of a Newsletter. If the Customer has agreed to receive the newsletter, provided email address will be used only for this purpose. Newsletter subscribers at regular intervals receive messages related to current promotions, new products introduced to the offer or other content related to the operation of the Store. The subscriber can unsubscribe from the newsletter database at any time by withdrawing the consent. This can be done by contacting us by e-mail or in writing to the address indicated in the Privacy Policy. Withdrawal of consent does not affect the lawfulness data processing which happened on the basis of consent before the consent has been withdrawn.
39. The User may express a separate consent for the Trusted Store Partner to send a message to the provided e-mail address with a request to review the purchased Goods. The User may withdraw this consent at any time. . Withdrawal of consent does not affect the lawfulness data processing which happened on the basis of consent before the consent has been withdrawn.
40. To facilitate the use of the website, the mechanism managing it uses technology known as cookies - information saved by the Online Store server on the user's computer. This information relates to financial settlements, such as the value and subject of the contract, and confidential credit card information. Cookie technology is not used to obtain any data about persons visiting the website or to track their navigation. The user may at any time disable the option of accepting cookies in his or her web browser. However, this may cause some difficulties in using the Store. Detailed rules for the functioning of cookies can be found in our privacy policy.
41. The Administrator will store User's personal data:
a. if the Administrator processes personal data on the basis of consent, the processing period lasts until the User withdraws this consent;
b. if the Administrator processes personal data on the basis of the legitimate interest of the data controller, the processing period lasts until the abovementioned interest (e.g. the limitation period for civil law claims) or until such time as the data subject opposes further processing - in situations where such an objection is in accordance with the law; if the Administrator processes personal data, due to applicable law, the periods of data processing for this purpose are specified in these provisions.
42. Details of the User's data protection can be found in the Privacy Policy section.
PROVISIONS CONCERNING ENTREPRENEURS
43. The provisions in this chapter apply only to Buyers who are not also consumers (i.e. Entrepreneurs).
44. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Buyer in the Order Form and the fact of concluding the Sales Agreement.
45. The Entrepreneur is obliged to perform its obligation under the Sales Agreement (i.e. in particular the payment of the price and receipt of the Product) immediately, no later than within 14 days of its conclusion, unless the Sales Agreement provides otherwise.
46. The goods subject to the Sales Agreement concluded with the Entrepreneur remain the property of the Seller until payment of the price and delivery costs under the Sales Agreement
47. As soon as the Seller releases the Goods to the carrier, the benefit and burden associated with the Goods and the risk of accidental loss or damage of the Goods pass to the Entrepreneur. In this case, the Seller shall not be liable for the loss, defect or damage of the Goods arising from the moment of its acceptance for transport until its release to the Entrepreneur and for delay in the delivery of the Goods.
48. If the Goods are sent to the Entrepreneur via the carrier, the Entrepreneur is obliged to examine the shipment in time and in the manner adopted for such shipments. If it finds that during transport a loss or damage of the Goods has occurred, the Entrepreneur is obliged to perform all actions necessary to determine the liability of the carrier.
49. The Seller's liability towards the Entrepreneur, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sale Agreement. The Seller is liable to the Entrepreneur only for direct damage and is not liable for lost profits.
FINAL STATEMENTS
50. In matters not covered by these regulations, the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, pos. 827) shall apply.