Rules and conditions

ONLINE SHOP REGULATIONS
PROMETGLASS.COM
FOR BUSINESS AND INSTITUTIONAL CUSTOMERS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. ADDITIONAL PROVISIONS
8. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The Online Shop available at the internet address www.prometglass.com is run by by PROMET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA (limited partnership) with office in Turek (office address and correspondence address: Kolska Szosa 33a, 62-700 Turek, Poland), registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000674800; Register Court which holds the company's documentation: District Court for Poznań-Nowe Miasto in Poznań, IX Commercial Department KRS; tax ID no. NIP: 6681193404, National Economy Register No. REGON 310269191, e-mail address: [email protected], telephone number: +48 63 289 26 92.
1.2. These Regulations are addressed solely for business and institutional Customers who use the Online Shop (the Regulations and the Online Shop are not intended for consumers).
1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, for whom the use of the Online Shop, including the conclusion of Sales Contracts, is directly related to its business or professional activity (i.e. not being a consumer in this case); (2) legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
1.4.8. PRODUCT – a service available in the Online Store, excluding Electronic Services, or a movable item which is the subject of the Sales Contract between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Shop.
1.4.10. ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.PROMETGLASS.COM
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1.4.11. SELLER; SERVICE PROVIDER – PROMET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA (limited partnership) with office in Turek (office address and correspondence address: Kolska Szosa 33a, 62-700 Turek, Poland), registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000674800; Register Court which holds the company's documentation: District Court for Poznań-Nowe Miasto in Poznań, IX Commercial Department KRS; tax ID no. NIP: 6681193404, National Economy Register No. REGON 310269191, e-mail address: [email protected], telephone number: +48 63 289 26 92.
1.4.12. SALES CONTRACT– the contract for the sale or performance of the Product which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, for whom the use of the Online Shop, including the conclusion of Sales Contracts, is directly related to its business or professional activity (i.e. not being a consumer in this case); (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.15. ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account – The use of Account is possible after completing two following steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Register" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data: company name, Tax ID no., address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password.
2.1.1.1. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to: Kolska Szosa 33a, 62-700 Turek, Poland.
2.1.2 Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Place order with obligation to pay" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: company name, Tax ID no., address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment.
2.1.1.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.1.3. Newsletter - using the Newsletter takes place after checking the appropriate checkbox when creating an Account - once the Account is created, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to the following address: Kolska Szosa 33a, 62-700 Turek, Poland.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure:
2.4.1. The 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 complaint procedure of the Product, which is indicated in items 6 and 7 of the Regulations) the Serwice Recipient may submit, for example:
2.4.2. in writing to the address: Kolska Szosa 33a, 62-700 Turek, Poland;
2.4.3. in electronic form via e-mail to the following address: [email protected].
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2.4.4. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
2.4.5. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The conclusion of a Sales Contract 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 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Shop website is given according to Customer’s choice, in Polish zlotys (PLN) or in euros (EUR). The price of delivery is given to the Customer after placing the Order based on the content of the Order and the type and address of the selected delivery.
3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form.
3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller will confirm by e-mail within 3 days that he has accepted the Order. The conclusion of the contract takes place only when the Seller confirms that he has accepted the Order and started its implementation. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
3.4. The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop.
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:
4.1.1. Cash on delivery.
4.1.2. Payment in cash on personal collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. The Seller may establish a trade credit for the Customer by separate arrangements with an individually fixed maximum level of the Customer's debt and the payment date or payment based on an invoice with a deferred payment date.
4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract.
4.2.2. If the Customer chooses cash payment on delivery or payment in cash on personal collection, the Customer is obliged to make the payment upon delivery.
4.2.3. If, on the basis of separate arrangements, the Seller granted the Customer a trade credit or the option of payment on the basis of an invoice with a deferred payment date, the Customer is obliged to make the payment within the time specified in the relevant arrangements.
5. THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
5.1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The price of delivery is given to the Customer after placing the Order based on the content of the Order and the type and address of the selected delivery.
5.2. Personal collection of a Product by the Customer is free of charge.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Courier parcel, courier cash on delivery parcel.
5.3.2. Pallet shipment.
5.3.3. Personal collection available at: Kolska Szosa 33a, 62-700 Turek, Poland – on Business Days, between 8 a.m. and 3:30 p.m.
5.4. The deadline for delivery of the Product to the Customer is determined individually by the Seller and the Customer. The beginning of the delivery time of the Product to the Customer is counted as follows:
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5.4.1. If the Customer chooses the method of payment by bank transfer - from the date of crediting the Seller's bank account or current account.
5.4.2. If the Customer chooses cash on delivery payment - from the day of concluding the Sales Contract.
5.4.3. If, on the basis of separate arrangements, the Seller granted the Customer a trade credit or the option of payment on the basis of an invoice with a deferred payment date - from the date of the Sale Agreement
5.5. The deadline for readiness of the Product to be picked up by the Customer is determined individually by the Seller and the Customer. The beginning of the time for the readiness to collect the Product is counted as follows.
5.5.1. If the Customer chooses the method of payment by bank transfer - from the date of crediting the Seller's bank account or current account.
5.5.2. If the Customer chooses the payment in cash on personal collection - from the day of concluding the Sales Contract.
5.5.3. If, on the basis of separate arrangements, the Seller granted the Customer a trade credit or the option of payment on the basis of an invoice with a deferred payment date - from the date of the Sale Agreement
6. PRODUCT COMPLAINTS
6.1. In accordane with Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer is excluded.
7. ADDITIONAL PROVISIONS
7.1. The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
7.2. The Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.
7.3. Upon the release of the Product by the Seller to the carrier all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass on to the Customer who is not a consumer. In such a case the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in the transport of parcel.
7.4. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If they determine that during the transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.
7.5. In the case of the Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
7.6. The liability of the Service Provider/the Seller in relation to the Service Recipient/the Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Sales Contract, but not more than up to the amount of five hurdred zlotys. The Service Provider/the Seller is liable towards the Service Recipient/the Customer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer.
7.7. If the Customer fails to collect the parcel, the Seller has the right to charge him a contractual penalty in the amount of PLN 150.
7.8. Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.
8. FINAL PROVISIONS
8.1. The contracts concluded via the Online Shop are concluded according to a Customer’s choice in Polish or in English.
8.2. Change of Regulations:
8.2.1. The Service Provider reserves the right to make changes to the Regulations.
8.2.2. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/ the Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.
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8.3. In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended).