The Bye-Laws of B2B platform. 1 Initial provisions

Transcription

1 The Bye-Laws of B2B platform 1 Initial provisions 1. B2B platform, accessible at the Internet address zegluga.iai-shop.com, is run by Żegluga Szczecińska Sp. z o.o. Ltd. Co. with its seat in Szczecin, at 7 Jana z Kolna Street, entered into the Register of Entrepreneurs of the National Court Register run by the District Court Szczecin Centrum, Economic Division XIII of the National Court Register under number , NIP , Regon These bye-laws are directed to the entrepreneurs/economic entities and they define the principles and the mode of conclusion of the contract of sale with the entrepreneur with the intermediary of the platform. 2 Definitions 1. Seller Żegluga Szczecińska Sp. z o.o. Ltd Co. with its seat in Szczecin, at 7 Jana z Kolna Street, entered into the Register of Entrepreneurs of the National Court Register run by the District Court Szczecin Centrum, Economic Division XIII of the National Court Register under number , NIP , Regon , referred to as the Organizer in The Tall Ships Races Participation Bye-Laws. 2. B2B Platform Internet website with the intermediary of which the sellers sells its product to the Customer. 3. Customer entrepreneur/economic entity purchasing through the intermediary of the Platform. 4. Event Participant customer who concluded the contract with the Seller by fulfilling all the formalities mentioned in these bye-laws. 5. Entrepreneur/economic entity natural person, legal person and organizational entity not being the legal person to which a separate act gives the legal personality, performing the business activity in its own name, which uses the Platform. 6. Contract concluded at a distance the contract concluded with the Customer within the Platform, without the physical presence of the parties, exclusively with the use of one or more means of communication at a distance up to the moment of concluding the contract. 7. Bye-Laws these bye-laws of the Platform. 8. Order declaration of will of the Customer stated by the Template of Order and aiming directly at the conclusion of the Contract of Sale of the Product or Products with the Seller. 9. Account account of the Customer on the Platform, the data given by the Customer and the information on the orders submitted are stored there.

2 10. Registration template the template accessible on the Platform making possible the creation of the Account. 11. Order template interactive template accessible on Platform making possible placing the Order, in particular by adding of the Products to Your Account. 12. Your account element of the Platform software, in which the Products chosen by the Customer to be bought are visible and where there is a possibility to establish and modify the personal data. 13. Product the product available at Platform being the object of the Contract of Sale concluded between the Customer and the Seller. 14. Stand product, surface of dimensions defined on B2B Platform and possible equipment. Types and the assortment range of the stand: COMMERCE memorabilia, souvenirs, toys, cloths, jewelry, etc. CATERING food products, catering, snacks, fast-food, barbecue (grilled) food, candies, ice-cream, oscypkis (smoked cheese made of sheep s milk), honey, corn, popcorn, etc. ARTISTS ALLEY painters, drawers, musicians, craftsmen and other artists, amateurs and professionals offering hand made products. ECO MARKET natural, traditional, regional, ecological foods; ecological products 15. Contract of sale contract of sale of Product being concluded or concluded between the Customer and the Seller with the intermediary of the Platform with the moment of crediting the account of the Seller with the payment resulting from the submitted order. 3 Contact with the Seller 1. Address of the Seller: 7 Jana z Kolna Street, Szczecin 2. address of the Seller: jarmarki@zegluga.szn.pl 3. Telephone number of the Seller: Bank account number of the Seller BANK PKO BP The customer may get in touch with the Seller using the addresses and telephone numbers stated in this paragraph. 6. The customer may phone the Seller between the following hours a.m. to 4.00 p.m. 4 Technical Requirements To use the Platform, reviewing of the range of products included and to place the orders for Products the following are necessary: a. Terminal equipment with the access to the Internet and updated browser of one of the following types: Internet Explorer, Safari, Mozilla Firefox, Chrome; b. Active account of the electronic mail ( ); c. The management of cookies switched on.

3 5 General Information 1. The Seller, at the widest admitted by the law scope does not bear any liability for the disturbances, including the breaks in the platform functioning caused by force majeure, illegal activities of third parties or the incompatibility of the Platform with the technical infrastructure of the Customer. 2. Reviewing of the range of products requires setting up of an account. The submission of the orders by the Customer for the products within the range of products is possible only after creating of the account in accordance with the provisions of 6 of Bye-Laws. 3. The prices given on the Platform are expressed in PLN and are net prices (they do not include VAT tax). 4. The final amount to be paid by the Customer is made of the price for the Products and VAT tax proper for the date of the invoice issuance, on which the Customer is informed on the Platform sites at the moment of submitting the Order. 5. The Seller may deprive the Customer of the right to use B2B Platform, may also limit its access to part or the whole range of the Platform sources, with immediate effect in case the Customer breaches the Bye-Laws and in particular when the Customer: a) in accordance with the definition given in 2, is not the entrepreneur/economic entity, b) during the registration it stated the data not compliant with the truth, not precise, misleading data or breaching the rights of third parties, c) with the intermediary of the Platform breached the personal interest of third parties, in particular the personal interest of other customers, d) commits other activities, which would be recognized by the Seller as the actions not complaint with the binding provision of law or with the general principles of using the Internet or harming the good name of the Seller. 6 Setting up of the Account on the Platform 1. To set up an account in the Shop a registration template must be filled in. It is necessary to state the following data: name of the company, NIP, postal address, name and surname, telephone. 2. Be familiar with and accept B2B Platform Bye-laws, Cookies policy, Privacy policy. 3. Setting up of the account on the Platform is free of charge. 4. Logging to the Account takes place by stating the login and the password set up in the registration Template. 5. The Customer has the possibility, at any moment, without stating the reason and without bearing any fees to delete the account by sending a suitable request to the Seller, in

4 particular through the intermediary of the electronic mail or in a written form to the addresses stated in 3. 7 The principles of submitting the Order To submit the Order it is necessary to: 1. set up an account on the Platform by filling in the registration template; 2. log onto the Platform; 3. in the upper part of the panel choose the Event one is interested in; 4. after entering the Event, on the left side, there is an indicative map of the area divided into sectors together with accompanying stands; on the right there is a list of stands which can be sorted sector by sector, by availability and by name, price and date; 5. choose the Product which is the object of the Order and which has the status available from the list; the range of the chosen type of stand must be in compliance with the Customer s offer which shall be offered during the Event; 6. go to product card and if it is required, in the designation mark Commerce or Catering and the range of products the Customer shall offer at the stand; then click the right button Order" the failure to fill in the fields designation and range may be the basis of not accepting the application; 7. in the popping up window, confirm the acceptance of the bye-laws, the intention to conclude the contract with the obligation to pay and confirm the decision of the Product purchase and then press submitting the order ; 8. we shall be transferred to the panel Details of the order, where it is possible to: a) submit next order by pressing again, in the upper panel Event and following the steps explained above; b) order the power connection to the ordered stand by pressing Additional services ; c) annul the order. 9. After completion of the purchase process the order shall wait to be verified and: a) In case of acceptance, the confirmation of the application acceptance together with pro-forma invoice shall be sent to the address of the Customer, the order shall obtain the status waits for the payment ; b) In case the application is rejected, the information of non-acceptance of the application shall be sent to the Customer s and the order shall return to the sale. The Customer whose application was rejected and the contract was not concluded has no right to any claim. 10. If the customer: a) paid the pro-forma invoice in the indicated deadline the contract is concluded. As a result of that the stand gets the status Sold and the Customer obtains the status Event Participant ;

5 b) paid the pro-forma invoice after the indicated deadline, the application may be annulled by the Seller and the stand may be returned to the sale. In such case the contract is not concluded, the paid amount is returned to the bank account indicated by the customer; c) did not pay the invoice the contract is not concluded and the stand returns to the sale. 8 Performing of the Contract of Sale 1. Conclusion of the Contract of Sale between the Customer and the Seller takes place after the Seller receives the payment in the deadline indicated in the invoice. 2. The moment the contract is concluded the customer obtains the status Event Participant, ordered product/products obtain the status Sold and the Seller adheres to the performance of the Contract. 9 The right to waive the contract 1. Waiving of the contract should be carried out in a written form under pain of invalidity. 2. Waiving of the contract submitted in the deadline up to 31 st May 2017 does not create any financial obligations on the side of the Participant and in such case the Organizer returns to the Participant 100% of the paid amount. The Seller shall return the money with the use of the same methods of payments, which were used by the Customer at the original transaction. 3. If the waiver is submitted after 31 st May 2017 the Participant is still obliged to pay for the participation in the Event and the Organizer does not return the paid amount to the participant. 10 Complaint 1. The Customer has the right to submit the complaints in accordance with the provisions of 15 of The Tall Ships Races Szczecin 2017 Participation Bye-Laws, in writing in the deadline up to 7 days from the Event ending. 2. After the lapse of the determined deadline the complaints shall not be recognized. 3. Oral agreements between the Participant and the Seller, as well as any decisions and declarations require immediate written confirmation. 11 Personal Data on the Platform

6 1. The Administrator of the personal data of the Customers collected with the intermediary of the Platform is the Seller. 2. The personal data of the Customers collected by the administrator through the intermediary of the Platform are collected with the aim to perform the Contract of Sale, and if the Customer agrees thereto, also with marketing purpose. 3. The Customer has the right to access the content of their data and to correct them. 4. Stating of personal data is voluntary, however the failure to state the personal data indicated in the Bye-Laws, which are necessary to conclude the Contract of Sale results in impossibility to conclude this contract. 12 Final provisions 1. The Contracts concluded through the Platform are concluded in Polish. 2. The Seller reserves the right to make changes of the Bye-Laws due to important reasons and they include: the change of the provisions of law, changes of the payment manner in the scope in which these changes influence the performance of the provisions of these Bye-Laws. The Seller shall inform the Customer on each change with at least 7 days of advance. 3. In the cases not dealt with in these Bye-Laws the generally binding provisions of the Polish law shall apply, and in particular: Civil Code, the Act on the Provision of the Services Electronically, the Act on the Protection of Personal Data.