Terms and conditions

TERMS AND CONDITIONS OF THE B2B PLATFORM

These Regulations define the general conditions, rules and method of sale conducted by Anwa-Tech sp. z o.o. with its registered office in Warsaw, via the B2B Platform b2b.anwa-tech.pl (hereinafter referred to as: "B2B Platform") and defines the terms and conditions for the provision by Anwa-Tech sp. z o.o. based in Sulejówek, free electronic services.

§1 Definitions

Seller's office - Anwa-Tech sp. z o.o., 05-070 Sulejówek, ul. Piłsudskiego 75A.
Working days - means days of the week from Monday to Friday, excluding public holidays.
Delivery - means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order
Supplier - means a courier company with which the Seller cooperates in the Delivery of Goods or the Seller's own transport.
Password - means a string of letters, digits or other characters selected by the Customer, used to secure access to the Customer Account on the B2B Platform. The password is set by the Seller when registering the Customer on the B2B Platform.
Customer - means a natural person, a legal person or an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller.
Login - means the individual identification of the Customer, determined by the Seller, consisting of a string of letters, digits or other characters, required together with the Password to log in to the Customer Account on the B2B Platform.
Regulations - means these regulations of the B2B Platform.
Registration - means an actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the B2B Platform.
Seller - means Anwa-Tech sp. z o.o. with its registered office in Sulejówek (05-71), ul. 3-Maja 89, NIP: PL822-21-61-742, REGON: 140149995, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000235723; e-mail: b2b@anwa-tech.pl, which is also the owner of the B2B Platform.
B2B Platform Website - means websites under which the Seller runs the B2B Platform, operating in the b2b.anwa-tech.pl domain.
Goods - means a product presented by the Seller via the B2B Platform Website.
Sales contract - means a sales contract concluded electronically on the terms set out in the Regulations, between the Customer and the Seller.

§2 General provisions

All rights to the B2B Platform, including proprietary copyrights, intellectual property rights to its name, Internet domain, B2B Platform Website, as well as to patterns, forms, logos belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations.
The B2B Platform is made available by the Seller via the Internet and the B2B Platform Website, as a resource of the ICT and IT system.

§3 Using the B2B Platform

Using the B2B Platform means any activity of the Customer, which leads to the Customer becoming acquainted with the content contained on the B2B Platform Website, subject to the provisions of §4 of the Regulations.
The B2B Platform may be used only on the terms and to the extent specified in the Regulations.
The Seller will make every effort to ensure that the use of the B2B Platform is possible for Customers using all popular web browsers, operating systems, types of computers and types of Internet connections. The Seller does not guarantee and is not responsible for the fact that each variant of the configuration of electronic equipment owned by the Customer will enable the use of the B2B Platform. The minimum technical requirements enabling the use of the B2B Platform Websites, subject to the previous sentence, are a web browser with Javascript enabled and the Adobe Flash plug-in installed, without systems blocking the display of Flash objects, accepting cookies.
In order to place an order on the B2B Platform and to use the Services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
The Customer, using the B2B Platform, is not entitled to any interference in the content, structure, form, graphics, mechanism of operation of the B2B Platform.
It is forbidden for the Customer to provide unlawful content and for the Customer to use the B2B Platform, the B2B Platform Website or free services provided by the Seller in a manner contrary to the law, decency, infringing the personal rights of third parties or the legitimate interests of the Seller.
The Customer is entitled to use the resources of the B2B Platform only for its own use. It is not allowed to use the resources and functions of the B2B Platform for the purpose of conducting activities by the Customer that would violate the Seller's interest.
The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, use antivirus programs and programs that protect the identity of those using the Internet. The Seller never asks the Customer to provide him with the Password in any form.

§4 Registration

In order to create a Customer Account, the Customer notifies the Seller of his willingness to join the B2B Platform.
Registration is necessary for placing orders by customers on the B2B Platform.
In order to register, the Customer sends to the e-mail address b2b@anwa-tech.pl registration information such as:
1. Company name
2. NIP registration number
3. REGON registration number
4. Company address details (zip code, city, street)
5. Name and surname of the contact person along with telephone number and e-mail address.
Sending the registration information provided in point 3 is tantamount to:
1. acknowledgment and acceptance by the Customer of the provisions of the Regulations;
2. concluding a contract for the provision of services by the Seller in the form of maintaining a Customer Account;
3. authorizing the Seller to process the Customer's personal data contained in the registration form in order to provide the Customer Account service and for statistical purposes and consenting to the Seller's transfer to the e-mail address provided by the Customer during Registration, information related to the technical service of the Customer Account.
During Registration, the Customer may consent to the processing of his personal data for marketing purposes. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of such data. Expressing consent to the processing of personal data for marketing purposes takes into account that:
1. consent is voluntary and may be withdrawn at any time;
2. The customer to whom the personal data relates has the right to access the content and correct and delete personal data;
3. entrusting the Seller with personal data takes place by unchecking the appropriate box in the registration form.
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 Customer's e-mail address provided in the registration form.
The Customer is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. In the event of circumstances indicating a suspicion that the Password was in the possession of an unauthorized person, the Customer is obliged to immediately notify the Seller of this fact, using the available means of communication. In such a situation, the Customer will receive a new password from the Seller.
The Seller creates and implements protection against unauthorized use, reproduction or dissemination of the content contained on the B2B Platform Website. If the Seller uses the above safeguards, the Customers undertake to refrain from any actions aimed at removing or circumventing such safeguards or solutions.

§5 Orders, payment and fulfillment of orders

The information contained on the B2B Platform Website does not constitute the Seller's offer.
The Customer may place orders on the B2B Platform for 7 (seven) days a week and 24 (twenty-four) hours a day via the B2B Platform Website.
The Customer completes the order by selecting the Goods he is interested in, specifying its quantity next to the given Goods and by selecting the "Recalculate" command, he adds it to the "CART". After completing the entire order and selecting the "ORDER" command in the "CART", the Customer completes the form with the Delivery address. After specifying the Delivery address, the Customer, after selecting the "ORDER" command, places an order by sending the order form to the Seller. Each time before sending the order to the Seller, the total price of the selected Goods is given. The cost of Delivery of the ordered Goods will be presented to the Customer after the order has been submitted for execution.
Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a contract for the sale of the Goods being the subject of the order.
After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer. Confirmation of acceptance of the order is the Seller's declaration of acceptance of the offer referred to in §5 sec. 4 above.
Based on the order placed, the Seller verifies the availability of the Goods ordered by the Customer on the B2B Platform.
In the absence of the ordered Goods on the B2B Platform or the inability to fulfill the Customer's order for other reasons, including when the purchase of Goods from the Seller's suppliers will not be possible within the time provided for the execution of the order, the Seller shall inform the Customer by e-mail or telephone about the circumstances.
If the execution of the order turns out to be impossible, the Seller may offer the Customer:
1. canceling the entire order (choosing this option by the Customer releases the Seller from the obligation to complete the order);
2. canceling the order in the part in which its implementation is not possible within a reasonable time (the choice of this option by the Customer releases the Seller from the execution of the order to the extent that it is not possible)
3. splitting the order and specifying the order completion date in the part that is not initially possible (if this option is selected by the Customer, the Delivery will be made in separate shipments, and the Customer will not incur additional Delivery costs related to splitting the order).
In the absence of the ordered Goods or the inability to fulfill the Customer's order for other reasons, in particular in the event of the Seller's inability to obtain the ordered Goods within a reasonable time, he may withdraw from the sales contract within 30 (thirty) days from the date of its conclusion.
The Seller reserves the right to withdraw from the sales contract within 14 (fourteen) days from its conclusion in the event that it was concluded during the faulty operation of the B2B Platform's IT system, including the B2B Platform Website, in particular in the event of incorrect prices being displayed on the website or product descriptions.
In the case of positive verification of the availability of the Goods, the Customer receives from the Seller, to the e-mail address, information about the acceptance of the order for execution, subject to §5 section 15 below.
Prices on the Website of the B2B Platform placed next to a given Good:
1. are net prices (without VAT) and are specified in Polish zlotys;
2. they do not contain information on the costs of Delivery, about which the Customer will be informed after placing the order.
3. they do not contain information on possible customs duties if the delivery address is outside Poland.
The final price binding the parties to the sales contract is the price of the Goods included on the B2B Platform Website at the time of placing the order by the Customer.
The Customer makes the payment for the ordered Goods after receiving the VAT invoice within the period indicated on the invoice by bank transfer to the Seller's bank account. The Seller provides a VAT invoice together with the Delivery of the ordered Goods.
The Customer may modify orders until the Customer's e-mail address receives information confirming the acceptance of the order for execution by the Seller. In particular, the changes may concern the scope of the order in question, cancellation of the whole or part of the order, change of the Delivery address, or change of data on the VAT invoice. If the Customer adds new Goods to an order that is already being processed, but before the Seller sends the shipment, it may extend the time of order completion. In the event of cancellation of the whole or part of the order.
The Seller may post on the Website of the B2B Platform information on the number of indicative Business Days needed to complete the order.
The ordered Goods are delivered to the Customer via the Supplier, to the address indicated in the order form.
The Seller by phone or via e-mail sends information to the Customer when the Customer receives the Goods.
The Customer should examine the delivered shipment in time and in the manner accepted for shipments of a given type, in the presence of an employee of the Supplier or an employee of the transport company.
The Customer has the right to demand that the Supplier's employee or the transport company draw up an appropriate protocol in the event of a loss or damage to the shipment.
The customer has the option of personal collection of the ordered Goods. The collection can be made at the Seller's Office on Business Days, from 8 - 16 after prior arrangement of the date of collection by e-mail or by phone.
In the absence of the Customer at the address indicated by him, provided when placing the order, as the Delivery address, subject to §5 sec. 18, the Seller will contact the Customer by e-mail or by phone, re-arranging the date and cost of Delivery with the Customer.

§6 Complaints and guarantees

The Customer has the right to submit a complaint about the Goods within one year from the date of Delivery of the Goods, using the right of warranty, provided that within two months from the date on which he found the defect of the Goods, he notifies the Seller of the defect found.
Within 14 (fourteen) days, the Seller will respond to the complaint of the Goods submitted by the Customer and notify him of the further procedure.
A prerequisite for considering the complaint of the Goods is the delivery by the Customer of the complained Goods together with the proof of purchase and description of the complaint.
The Goods under complaint should be sent to the address of the Seller's Office. Shipping costs to the Seller are covered by the Customer.
If the complaint is considered in favor of the Customer, the Seller will repair or replace the advertised product with a full-fledged product or, if the replacement is not possible, return the amount due for the advertised product within 14 (fourteen) days from the date of consideration of the complaint.
Goods sold by the Seller may be covered by a guarantee provided by the relevant manufacturer or distributor.
The seller provides a warranty for the products of which he is the manufacturer.
In the case of Goods covered by the distributor's or manufacturer's warranty, the Customer may complain about a product with defects:
1. using the rights resulting from the warranty granted.
2. in such circumstances, the customer is obliged to make a complaint directly to the guarantor, the seller is only an intermediary transferring the complaint. The customer, at his discretion, may report directly to the warranty service or to the Seller.
3. using the Customer's rights against the Seller in connection with the warranty.
The Customer may submit complaints to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the Seller's e-mail address. In the complaint, the Customer should include his Login and a description of the problem. The Seller, if possible, immediately, but not later than within 14 (fourteen) Business Days, considers complaints and replies to the Customer's e-mail address provided in the complaint.

§7 Free services

The Seller provides free services to the Customers by electronic means:
1. Maintaining a Customer Account;
2. Newsletter
Services indicated in §7 item 1 above are provided 24 hours a day, 7 days a week.
The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services listed, about which he will inform the Customers in a manner appropriate for the amendment of the Regulations.
The Customer Account Service is available after Registration, on the terms described in §4 and §5 of the Regulations.
The Newsletter service can be used by any Customer who activates the appropriate field in the registration form during Registration.
The Newsletter service consists in sending by the Seller, to the e-mail address of the Customers' data, messages in electronic form containing information about new products or services in the Seller's offer. The newsletter is sent by the Seller to all Customers who have subscribed.
Each Newsletter addressed to Customer data contains, in particular:
1. information about the sender;
2. a completed "subject" field specifying the content of the message and
3. information on the possibility and method of resignation from the free Newsletter service.
The customer 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. The Seller, if possible, but not later than within 21 (twenty one) Business Days, responds to the Customer's justified objections to the Customer's e-mail address provided in the submission of comments.
The Customer may at any time unsubscribe from the Newsletter by unsubscribing via the link in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of the Seller or other Customers, the Customer's violation of the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified by security reasons - in particular: breaking the security of the B2B Platform Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer's Account and free services by electronic means to the address provided by the Customer in the registration form.

§8 Responsibility

The Seller is entitled to breaks or disruptions in the provision of electronic services and the provision of the B2B Platform Websites, if the reason is:
1. modification, modernization, extension or maintenance of the Seller's ICT system or software;
2. force majeure, actions or omissions of third parties (actions independent of the Seller).
The Seller is liable only in the event of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
The Seller shall not be liable for non-performance or improper performance of services provided electronically if it is caused by third parties (in particular telecommunications operators, providers of telecommunications links and electricity). However, the seller is liable as for his own act or omission for the acts or omissions of persons with whom he performs services provided electronically, as well as persons to whom he entrusts the performance of these services.
The Seller shall not be liable for the impossibility or difficulties in using the B2B Platform, resulting from reasons attributable to the Customer, in particular for the loss by the Customer or third parties (regardless of the method) of his Password. However, the Seller is liable if the Customer's loss or third parties' possession of his Password occurred for reasons attributable to the Seller or reasons for which the Seller is responsible.
The Seller shall not be liable for damages caused by the actions or omissions of the Customers, 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 the mandatory provisions of law.

§9 Personal data and cookies

The administrator of the Customers' personal data provided to the Seller voluntarily as part of the Registration and as part of the Seller's provision of electronic services or under other circumstances specified in the Regulations is the Seller.
Personal data will be processed by the Seller only on the basis of an authorization to process data and only for the purpose of executing orders or services provided electronically by the Seller and other purposes specified in the Regulations.
Personal data provided to the Seller are provided to him voluntarily, with the proviso that failure to provide the data specified in the Regulations in the Registration process prevents Registration and setting up a Customer Account and prevents the submission and execution of the Customer's order.
Anyone who provides the Seller with their personal data has the right to access their content and to correct and delete them.
The Seller provides the possibility of removing personal data from the collection, in particular in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
Sthe seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use. The set of collected Customers' personal data is treated as a separate database, stored on the Seller's server, in a special security zone, ensuring proper protection.
The Seller does not transfer, sell or lend the collected personal data of Customers to other persons or institutions, unless it is done with the express consent or at the request of the Customer, in accordance with applicable law or at the request of the court, prosecutor's office, police or other authorized body, in the event of violation of the law by customers.
The Seller reserves the right to disclose to the companies and websites cooperating with the Seller collective, general statistical summaries concerning Customers. Such lists concern the viewership of the B2B Platform's Websites and do not contain personal data of customers.
The Seller uses the mechanism of "cookies", which, when the Customers use the Websites of the B2B Platform, are saved by the Seller's server on the hard drive of the Customer's end device.
The use of "cookies" is aimed at the correct operation of the B2B Platform Websites on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customer's end devices or in the software installed on these devices. "Cookies" are not intended to identify customers.
The seller uses the mechanism of "cookies" in order to:
1. remembering information about Customers' end devices;;
2. verification and development of your offer;
3. statistics.
Each customer can disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the B2B Platform Websites.

§10 Termination of the contract

(does not apply to orders/sales contracts)

Each Party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other Party before the termination of the above-mentioned. the agreement and provisions below.
The Customer who has registered terminates the contract for the provision of electronic services by submitting a request to delete the Seller's Account using any means of remote communication, enabling the Seller to read the Customer's declaration of will, with the termination of the contract after a notice period of 7 (seven) days .
Termination of the contract does not release the Customer from fulfilling its obligations towards the Seller, if such exist on the date of termination of the contract.
The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Customer to the e-mail address provided by the Customer during Registration.

§11 Final provisions and amendments to the Regulations

The Regulations are effective from the date of publication on the B2B Platform Website and replace the previously applicable B2B Platform regulations.
The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the B2B Platform Websites.
Terms and conditions may change. Each Customer will be informed about the content of amendments to the Regulations by the Seller by sending information containing a list of changes to the Regulations to the e-mail address indicated by them in the registration form.
Notification of the amendment to the Regulations in the manner specified above will take place no later than 7 (seven) Business Days before the introduction of the amended Regulations. If the Customer with a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 7 (seven) days from the date of notification of the change in the Regulations. Lack of acceptance results in termination of the contract in accordance with the provisions of §10.
All orders accepted by the Store for execution before the date of amendment to the Regulations are implemented on the basis of the regulations that were in force on the date of placing the order by the Customer.
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 is consistent with the applicable law and reflects the intentions of a given provision as closely as possible. The remaining parts of the Regulations remain in full force and effect.
In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
The Regulations come into force on 01/10/2016.