B2B platform rules

TERMS AND CONDITIONS OF THE B2B PLATFORM


These Terms and Conditions define the general conditions, rules, and methods of sale conducted by PROMOTORZY TRADING SP. Z O.O. SP.K. based in Warsaw, through the B2B platform promotorzy.pl (hereinafter referred to as "B2B Platform") and define the rules and conditions for the provision of free electronic services by PROMOTORZY TRADING SP. Z O.O. SP.K. based in Warsaw. .


§ 1 Definitions

1. Business Days - refers to weekdays from Monday to Friday, excluding public holidays.
2. Delivery - refers to the actual process of delivering goods to the Customer by the Seller through a Supplier, as specified in the order.
3. Supplier - refers to the courier company with which the Seller cooperates for the delivery of goods.
4. Password - refers to a string of letters, numbers, or other characters selected by the Customer during the Registration on the B2B Platform, used to secure access to the Customer’s Account on the B2B Platform.
5. Customer - refers to an entity that, in accordance with these Terms and Conditions and the law, can receive services electronically or enter into a Sales Agreement, excluding consumers (i.e., individuals performing legal acts unrelated to their business or professional activity) and excluding Entrepreneurs with Consumer Rights.
6. Customer Account - refers to the individual panel for each Customer, created for them by the Seller after the Customer’s Registration and the conclusion of the service contract for managing the Customer’s Account.
7. Entrepreneur - refers to an individual, legal entity, or organizational unit that is not a legal person, who conducts business or professional activity on their behalf and enters into legal acts directly related to their business or professional activity.
8. Regulations - refers to these terms and conditions.
9. Registration - refers to the process carried out in the manner specified in these Terms and Conditions, necessary for the Customer to use all the functionalities of the B2B Platform.
10. Seller - refers to PROMOTORZY TRADING SP. Z O.O. SP.K. based in Warsaw (03-310), Św. Jacka Odrowąża 15, NIP: 5242754308, REGON: 146331264, registered in the entrepreneurs register held by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register under KRS number 0000590334; email: dh@promotorzy.pl, which is also the owner of the B2B Platform, represented by the general partner: PROMOTORZY TRADING SP. Z O.O. with its registered office in Warsaw (03-310), Św. Jacka Odrowąża 15, registered in the entrepreneurs register with KRS number 146139035 and having a share capital of 5,000 PLN.
11. B2B Platform Website - refers to the websites through which the Seller operates the B2B Platform under the domain promotorzy.pl.
12. Goods - refers to the products presented by the Seller through the Platform’s Website, which can be the subject of a Sales Agreement.
13. Sales Agreement - refers to the distance contract for the sale concluded under the terms specified in these Terms and Conditions, between the Customer and the Seller.


§ 2 General Provisions and Use of the B2B Platform

1. All rights to the B2B Platform, including intellectual property rights to its name, domain, website, and other content (except for logos and images presented on the Platform Website for product presentation, which are owned by third parties), belong to the Seller, and their use may only occur as specified in these Terms and Conditions and with the Seller’s written consent.
2. The Seller will make efforts to ensure that the B2B Platform is accessible to Internet users using all popular web browsers, operating systems, types of devices, and types of Internet connections. The minimum technical requirements for using the Platform Website are as follows: a browser version of at least Internet Explorer 11, Chrome 89, Firefox 86, Opera 53, or Safari 5 or newer, with Javascript enabled, accepting cookies, and an Internet connection with a minimum speed of 256 kbps. The B2B Platform Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller uses "cookies" which are saved by the Seller's server on the Customer’s device to ensure the proper functioning of the Platform Website. The use of cookies does not damage the Customer’s device or modify its configuration or software. Customers may disable cookies in their browser settings, but doing so may cause difficulties or prevent the use of the Platform Website.
4. To place an order on the B2B Platform via the Website, the Customer must have an active email account.
5. It is prohibited for the Customer to provide unlawful content or use the B2B Platform, Platform Website, or the free services provided by the Seller in a way that is contrary to the law, good morals, or infringes on the personal rights of third parties.
6. The Seller warns that the public nature of the Internet and the use of electronic services may expose the Customer to the risk of unauthorized access and data modification, and therefore Customers should take appropriate technical measures to minimize such risks.
7. It is prohibited for the Customer to use the Platform’s resources and functions for activities that would violate the Seller’s interests, such as advertising another business or product or publishing unrelated or false content.


§ 3 Registration

1. To create a Customer Account, the Customer must complete free Registration.
2. Registration is required to place an order on the B2B Platform.
3. To register, the Customer must first send an email to the Seller at info@promotorzy.pl, providing their NIP (tax identification number) and company name.
4. After verifying the Customer’s data, the Seller will register the Customer in the system, and the Customer will receive a welcome email containing a link to the B2B Platform. After clicking the link, the Customer will be prompted to create a password. The Customer can review the Terms and Conditions and accept them by selecting the relevant checkbox in the form. The Seller will confirm the Registration by email, at which point the service contract for managing the Customer Account is concluded, and the Customer gains access to the account and the ability to update registration details.


§ 4 Orders

1. The information on the B2B Platform Website does not constitute an offer by the Seller under the Civil Code but rather an invitation for Customers to submit offers to conclude a Sales Agreement.
2. Customers can place orders via the B2B Platform Website 24 hours a day, 7 days a week.
3. To place an order, the Customer selects the product they are interested in and adds it to their shopping cart. After completing the order, selecting the delivery method, and payment options, the Customer confirms the order by clicking "CONFIRM PURCHASE." Before finalizing the order, the Customer is informed about the total price, including the cost of goods and delivery, as well as any additional fees.
4. Placing an order constitutes an offer to the Seller to conclude a Sales Agreement for the items in the order.
5. After the order is placed, the Seller will send an email to the Customer confirming the acceptance of the order. This confirmation constitutes the Seller's acceptance of the offer, and the Sales Agreement is concluded upon the Customer’s receipt of the confirmation.
6. For transactions involving goods that are subject to the VAT Act and the total invoice amount exceeds 15,000 PLN (or equivalent), the Customer must apply the split payment mechanism if applicable.


§ 5 Payments

1. Prices listed on the B2B Platform Website are gross and net prices, excluding delivery costs and other fees that the Customer will incur under the Sales Agreement.
2. The Customer can choose between the following payment methods:
a) bank transfer to the Seller’s bank account (order processing starts after confirmation of the order);
b) cash on delivery (order processing starts after confirmation of the order).
3. The Customer should make payment for the order by the deadline agreed with the Seller.
4. The Seller may charge the Customer statutory interest for late payments and compensation for recovery costs in accordance with the law.


§ 6 Delivery

1. The Seller delivers goods within the territory of the Republic of Poland.
2. The Seller must deliver goods free from physical or legal defects.
3. The delivery time and order fulfillment time are indicated on the B2B Platform Website, calculated in business days.
4. Orders are delivered to the Customer by a Supplier to the address provided in the order form.
5. The Customer must inspect the delivered package in the usual manner for the type of goods. If there is damage or shortage, the Customer has the right to request a report from the delivery employee.
6. The Seller will make the VAT invoice available in the Customer’s account in electronic form.
7. In case the Customer is unavailable at the delivery address, the Supplier will leave a notice or attempt to contact the Customer to arrange another delivery time. If the goods are returned to the B2B Platform by the Supplier, the Seller will contact the Customer to arrange a new delivery time and cost.


§ 7 Warranty

1. The Seller guarantees the delivery of the goods free from physical and legal defects. The Seller is responsible to the Customer if the goods have a physical or legal defect (warranty).
2. If the goods have a defect, the Customer may:
a) submit a statement to reduce the price or withdraw from the sales contract, unless the Seller promptly and without excessive inconvenience to the Customer replaces the defective goods with goods free of defects or removes the defect. This limitation does not apply if the goods have already been replaced or repaired by the Seller, or if the Seller has not fulfilled the obligation to replace the goods with defect-free goods or remove the defects. Instead of the method proposed by the Seller for defect removal, the Customer may request a replacement of the goods with defect-free goods or, instead of replacing the goods, demand defect removal, unless bringing the goods into conformity with the contract in the way chosen by the Customer is impossible or would involve excessive costs compared to the method proposed by the Seller. In assessing the excessiveness of costs, the value of defect-free goods, the type and significance of the identified defect, and the inconvenience to the Customer that another method of fulfillment would cause are considered.
b) demand the replacement of the defective goods with defect-free goods or the removal of the defect. The Seller is obliged to replace the defective goods with defect-free goods or remove the defect within a reasonable time and without excessive inconvenience to the Customer. The Seller may refuse to fulfill the Customer's request if bringing the defective goods into conformity with the sales contract in the way chosen by the Customer is impossible or would involve excessive costs compared to the other possible method. The Seller bears the costs of repair or replacement.
3. The Customer exercising rights under the warranty is obliged to deliver the defective goods to the Seller's address. In the case of a Customer who is an Entrepreneur with Consumer rights, the Seller covers the delivery costs.
4. The Seller is liable under the warranty for up to 6 months from the delivery date.
5. A Customer who is an Entrepreneur loses their warranty rights if they do not inspect the goods in the manner and time customary for goods of that type and do not immediately inform the Seller of the identified defect. If the defect becomes apparent later, the Customer must inform the Seller immediately after discovering it.
6. All complaints related to the goods or the execution of the sales contract can be submitted in writing to the Seller's address or email: dh@promotorzy.pl.
7. The Seller will respond to the complaint about the goods or related to the execution of the sales contract within 14 days from the date of the request containing the complaint.
8. The Customer can submit a complaint regarding the use of free services provided electronically by the Seller. The complaint can be submitted electronically and sent to dh@promotorzy.pl. The complaint should include a description of the problem. The Seller will address the complaint without delay, but no later than 14 days, and provide a response.


§ 8 Guarantee

1. For customers who are entrepreneurs, the Seller is responsible for defects in the sold goods according to the provisions of Articles 556 and subsequent of the Civil Code.
2. For customers who are consumers or entrepreneurs with consumer rights, the Seller is responsible for the lack of conformity of the goods with the contract in accordance with Chapter 5a of the Consumer Rights Act.


§ 9 Free Services

1. The Seller provides free electronic services to Customers, including:
a) Contact form;
b) Newsletter;
c) Account management.
2. The services listed in § 9 paragraph 1 are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time, and method of granting access to the mentioned services, and will inform Customers appropriately in case of changes to the Terms and Conditions.
4. The Contact form service involves sending a message to the Seller through a form available on the Seller's B2B platform website.
5. Resignation from the Contact form service is possible at any time and consists of ceasing to send inquiries to the Seller.
6. The Newsletter service involves the Seller sending electronic messages to the Customer's email address with information about new products or services in the Seller's offer. The Newsletter is sent to all Customers who have subscribed.
7. Each Newsletter sent to Customers includes, in particular: the sender's information, the filled "subject" field, indicating the content of the message, and information on how to unsubscribe from the Newsletter service.
8. The Customer may unsubscribe from receiving the Newsletter at any time by unsubscribing through a link included in each Newsletter email.
9. The Account Management service is available after Registration according to the rules described in the Terms and Conditions and involves providing the Customer with a dedicated panel on the Seller's platform website, allowing the Customer to modify their registration data, track the status of orders, and view order history.
10. A Customer who has registered may request the deletion of their Account from the Seller. If the request for account deletion is submitted by the Seller, the account may be deleted within 14 days from the request.
11. The Seller has the right to block access to the Customer's Account and free services if the Customer acts to the detriment of the Seller or other Customers, violates the law or the provisions of the Terms and Conditions, or when blocking access is justified for security reasons – especially in cases of breaking the platform's security or engaging in hacking activities. The access blocking lasts for the period necessary to resolve the issue justifying the blockage. The Seller will inform the Customer about the blockage electronically, using the email provided during Registration.


§ 10 Personal Data Protection

1. The rules for the protection of personal data are outlined in the Privacy Policy.


§ 11 Termination of Contract (does not apply to sales contracts)

1. Both the Customer and the Seller may terminate the electronic services contract at any time without stating the reasons, subject to preserving the rights acquired by the other party before the termination of the contract and the provisions below.
2. A registered Customer terminates the electronic services contract by sending a statement of will to the Seller using any means of remote communication that allows the Seller to become familiar with the Customer's statement.
3. The Seller terminates the electronic services contract by sending a statement of will to the Customer's email address provided during Registration.


§ 12 Final Provisions

1. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts with Customers who are Entrepreneurs, the Seller is only liable in the case of intentional harm and within the actual loss incurred by the Entrepreneur.
2. The content of this Terms and Conditions can be saved by printing, saving to a media device, or downloading from the Seller's B2B platform website at any time.
3. In case of a dispute arising from the concluded Sales Agreement, the parties will attempt to resolve the matter amicably. The law applicable to resolving all disputes arising under these Terms and Conditions is Polish law.
4. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for execution before the new Terms and Conditions come into effect will be processed based on the Terms and Conditions that were in effect at the time the Customer placed the order. The change to the Terms and Conditions will come into effect 7 days after it is published on the Seller's B2B platform website. The Seller will notify the Customer 7 days before the new Terms and Conditions take effect via an electronic message containing a link to the new Terms and Conditions. If the Customer does not accept the new Terms and Conditions, they must inform the Seller, which will result in the termination of the contract according to the provisions of § 11 of the Terms and Conditions.