eShop Terms & Conditions

These Terms and Conditions define the general conditions, terms and manner of sales of DPMSolid Limited Sp. komandytowa [Limited Partnership], with its registered office in Kowanówko, ul. Harcerska 34, 64-600 Oborniki, entered in the National Court Register kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, under KRS 0000609906, by means of the B2B Platform (hereinafter referred to as: “B2B Platform”) and define the terms and conditions of providing free-of-charge services over the Internet which are delivered electronically.

1. DEFINITIONS
1. Seller’s warehouse – shall mean the warehouse of DPMSolid Limited Sp. komandytowa, with its registered office in Kowanówko, ul. Harcerska 34, 64-600 Oborniki, entered in the National Court Register kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, under KRS 0000609906, located at ul. Kowanowska 15, 64-600 Oborniki.
2. Working days – shall mean the days of the week from Monday until Friday, with the exclusion of statutory holidays.
3. Delivery – shall mean a physical act of providing the Customer by the Seller, through the Supplier, with Goods specified in the order.
4. Supplier – shall stand for a courier company with which the Seller cooperates with regard to the completion of the Delivery of Goods or the Seller’s own transport.
5. Password – shall mean a sequence of letters, digits, or other characters selected by the Customer, used to secure access to Customer Account on the B2B Platform. The Password is set by the Seller during Customer Registration on the B2B Platform.
6. Customer – shall mean a natural person, a legal person or an organisational unit which does not constitute a legal entity, which is granted legal capacity by an Act of Law, and which is running a professional or business operation in its own name.
7. Customer Account – shall mean an individual panel for each Customer, activated on the Customer’s behalf by the Seller.
8. Login – shall mean individual Customer identification, established by the Seller, consisting of a sequence of letters, digits or other characters, required together with the Password to establish a Customer Account on the B2B Platform.
9. Terms and Conditions – shall mean these B2B Terms and Conditions.
10. Registration – shall mean a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the B2B Platform.
11. Seller – shall mean DPMSolid Limited Sp. komandytowa, with its registered office in Kowanówko, ul. Harcerska 34, 64-600 Oborniki, entered in the National Court Register kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, under KRS 0000609906.
12. B2B Platform Website – shall mean web pages, under which the Seller runs the B2B Platform, operating in the domain: wwww.dpm.eu.
13. Goods – shall mean the product described by the Seller via the B2B Platform.
14. Sale Contract – shall mean a contract of sale concluded by electronic means under the terms of the Terms and Conditions, by and between the Customer and the Seller.


2. GENERAL PROVISIONS
1. All rights to the B2B Platform, including copyrights, intellectual property rights to its name, Internet domain, B2B Platform Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Terms and Conditions.
2. 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
1. Using the B2B Platform means any activity of the Customer that results in getting acquainted with the content of the B2B Platform Website, subject to the provisions of Article 4 of the Terms and Conditions.
2. The B2B Platform may be used only under the principles and to the extent specified in the Terms and Conditions.
3. The Seller shall endeavour to provide access to the B2B Platform for Customers via all popular web browsers, operating systems, computer types and types of Internet connections. The Seller does not guarantee and shall not be responsible for ensuring that each configuration variant of electronic equipment owned by the Customer will enable the use of the B2B Platform. Minimum technical requirement for using the B2B Platform Websites, subject to the preceding sentence, is a web browser with enabled Javascript and installed Adobe Flash plug-in without systems preventing the display of Flash objects, which accepts "cookies".
4. To place an order on the B2B Platform and to take advantage of Services available on the Online Store Websites, the Customer must have an active email account. When using the B2B Platform, the Customer shall have no right to interfere with the B2B Platform's content, structure, form, graphics, as well as its mechanism of operation.
5. The Customer is prohibited to input illegal content and to use the B2B Platform, the B2B Platform Website or free-of-charge services provided by the Seller in a manner contrary to law, good practices, violating personal rights of third parties or the legitimate interests of the Seller.
6. The Customer is entitled to use the resources of the B2B Platform only for own personal use. The Customer is not allowed to use the resources and functions of the B2B Platform to conduct activities that would violate the Seller's interests.
7. The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customer data by unauthorised persons, therefore the Customers should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller shall never ask the Customer to provide him with access to the Password in any form.


4. REGISTRATION
1. To create a Customer Account, the Customer must notify the Seller about their willingness to join the B2B Platform.
2. Registration is necessary for Customers to place orders on the B2B Platform.
3. In order to register, the Customer must complete the registration form provided on the website.
4. The registration form shall be completed in accordance with the following rules:
   
   • the customer must complete all the boxes in the registration form, unless the box is marked as optional;
   • information entered in the registration form should relate only to the Customer and should be truthful, and the Customer shall be the person responsible for the accuracy of information contained in the registration form;
   • the Customer should become acquainted with the contents of the Terms and Conditions;
   • the Customer must agree to the processing of personal data contained in the registration form for the services to be provided to them and for statistical purposes, and the Customer shall have the right to access their own personal data and to correct and remove the data.
5. Sending the completed registration form is equivalent to:
   
   • acknowledgement and acceptance by the Customer of the Terms and Conditions;
   • conclusion of the service agreement by the Seller in the form of maintaining the Customer’s Account;
   • authorising the Seller to process Customer personal data contained in the registration form in order to provide services of maintaining the Customer Account and for statistical purposes, and giving a consent for the transfer by the Seller of information related to Customer Account maintenance to the email address provided by the Customer during Registration.
6. During the Registration process, the Customer may express their consent to process their personal data for marketing purposes. In such a case, the Seller shall expressly notify the Customer of the purpose of personal data collection as well as of the data recipients known to or anticipated by the Seller. The consent to process personal data for marketing purposes is based on the assumption that:
   
7. the consent is voluntary and may be withdrawn at any time;
8. the Customer whose personal data are stored and processed has the right to access their personal data and amend or delete them;
9. entrusting personal data to the Seller requires marking an appropriate field in the registration form.
10. The consent to the processing of personal data for marketing purposes shall stand for, in particular, agreeing to receiving marketing information from the Seller or advertisers collaborating with the Seller to the Customer’s electronic mail address provided in the registration form.
11. The Customer shall use their best efforts to keep the Password confidential and not divulge it to third parties. In the event of circumstances indicating a suspicion that the Password is in the possession of an unauthorised person, the Customer shall immediately notify the Seller of this fact, using available means of communication. In such circumstances, the Customer shall receive a new password from the Seller.
12. The Seller shall create and implement safety measures against the unauthorised use, reproduction or distribution of the contents on the B2B Platform Website. If the Seller applies these safety measures, the Customers agree to refrain from any actions to remove or circumvent such safety measures or solutions.


5. ORDERS, PAYMENTS AND ORDER FULFILMENT
1. The Information contained on the B2B Platform Website shall not constitute an offer of the Seller.
2. The Customer may place orders on the B2B Platform 7 (seven) days a week, 24 (twenty-four hours a day), via the B2B Platform Website.
3. The Customer completes the order by selecting the Goods that they are interested in, specifying the amount of the given Goods, and adds them to the “CART” by clicking “Calculate”. Upon the completion of the entire order and clicking “ORDER” in the “CART”, the Customer completes the form with the Delivery address. After specifying the Delivery address, the Customer places an order by sending the order form to the Seller by clicking “ORDER”. Each time, before sending the order to the Seller, the total price of the selected goods shall be provided. The cost of Delivery of the ordered Goods will be presented to the Customer upon sending the order for completion. Placing an order means an offer made by the Customer to the Seller to enter into a contract of sale of the Goods covered by the order.
4. After the order is placed, the Seller shall send an order confirmation to the email address provided by the Customer. Confirmation of the order shall mean the Seller's statement of acceptance of the offer referred to in Article V sec. 4 above.
5. On the basis of the order placed, the Seller verifies the availability of the Goods ordered by the Customer on the B2B Platform.
6. In the absence of the ordered Product on the B2B Platform, or inability to process the Customer's order for other reasons, including a situation when buying Goods from the Seller's suppliers will not be possible in the time provided for order fulfilment, the Seller shall inform the Customer by email or telephone of the situation.
7. If order fulfilment is impossible, the Seller may propose the following options to the Customer, i.e. to:
   
   • cancel the entire order (selection of this option by the Customer shall release the Seller from the obligation to fulfil the order);
   • cancel the order in the part where its fulfilment is not possible within a reasonable time (selection of this option by the Customer shall release the Seller from the obligation to deliver the order to the extent in which it is not possible);
   • divide the order and fix the time limit for order fulfilment in part, in which its delivery originally was not possible (selection of this option by the Customer results in the Delivery of Goods in separate shipments, and the Customer shall not incur additional Delivery costs related to the division of the order).
8. In the event of the lack of the ordered Goods or the lack of the possibility to complete the Customer’s order for other reasons, in particular, in the case of the inability to obtain the ordered Goods by the Seller within a reasonable time, the Seller may withdraw from the sale contract within 30 (thirty) days of the date of its conclusion.
9. The Seller shall reserve the right to withdraw from the sale contract within 14 (fourteen) days, commencing from its conclusion, if it was concluded during the faulty functioning of the IT system of the B2B Platform, including the B2B Platform Website, in particular, in the event of displaying incorrect prices, or product descriptions on the website.
10. In the event of the positive verification of the availability of the Goods, the Customer shall receive the information to the email address from the Seller on the acceptance of its order for processing, subject to Article 5, sec. 15 below.
11. The prices on the B2B Platform Website listed beside the Goods:
    
    • are net prices (exclude VAT) and are denominated in Polish zloty (PLN);
    • do not contain information on the cost of Delivery, which the Customer shall receive when choosing the Delivery method;
    • do not contain information on potential customs duty if the delivery address is outside Poland.
12. The final price binding upon the parties to the sale contract shall be the price of the Goods listed on the B2B Platform at the time of the Customer order.
13. The Customer shall make the payment for the ordered Goods upon the receipt of a VAT invoice within the time specified on the invoice - via the bank transfer to the bank account of the Seller. The Seller shall provide the VAT invoice together with the Delivery of the ordered Goods.
14. The Customer may modify the order until the receipt by email of information confirming the acceptance of the order for processing by the Seller. In particular, the scope of the order may be modified, the order may be cancelled, in whole or in part, the Delivery address or data on the VAT invoice may be changed. The addition by the Customer of additional Goods to the order which is already in progress, but before its shipment by the Seller, may result in the extension of the order delivery date.
15. The ordered Goods shall be delivered to the Customer through the Supplier, to the address indicated in the order form.
16. The Seller, via telephone or email, shall send information to the Customer on when the Goods will be received by the Customer.
17. The Customer must examine the delivered Goods in the customary time and manner for consignments of that type in the presence of the Supplier's employee.
18. If any products are missing or damaged, the Customer shall have the right to demand a relevant report to be drawn up by the Supplier's employee.
19. The Customer shall have the right to collect the ordered Goods personally. They can be collected from the Seller's Warehouse on Working Days between 08:00 and 16:00, at a time agreed upon earlier by email or phone.
20. In the absence of the Customer at the address indicated in the Customer's order as the Delivery address, subject to Article 5 section 18, the Seller shall contact the Customer via email or telephone, to agree on a new date and cost of Delivery with the Customer.


6. COMPLAINTS AND WARRANTIES
1. The Customer shall be entitled to lodge a complaint with regard to the Goods within one year from the date of the Goods Delivery, under statutory warranty, if the Customer ensures to notify the Seller about the identified defect within one month of its identification.
2. The Seller shall address the complaint filed by the Customer within 14 (fourteen) days and shall inform the Customer about further procedures.
3. To allow for the complaint to be examined, the Customer must send or deliver the Goods subject to the complaint attaching, if possible, the proof of purchase and the description of the complaint. The Goods subject to the complaint must be delivered or sent to the Seller's address. The costs of sending the Goods to the Seller are borne by the Customer.
4. If the complaint is accepted, the Seller shall repair the Goods subject to the complaint or shall replace them with Goods of full value. If the replacement or repair is impossible, the Seller shall reimburse the full payment for the Goods within 14 (fourteen) days from the date on which the decision on the complaint was made.
5. The Goods sold by the Seller may be covered by the warranty granted by the relevant manufacturer or distributor. The Seller shall grant warranties for products which it manufactures.
6. In the case of the Goods covered by the distributor’s or manufacturer’s warranty, the Customer may make a complaint about defective products:
   
   • using the rights following form the granted warranty;
   • in such circumstances, the Customer is obliged to lodge a complaint directly to the warrantor, the Seller is only an agent delivering the lodged complaint. The Customer, according to their own choice, may report directly to the warranty service or to the Supplier;
   • using the rights granted to the Customer in relation to the Seller in connection with the warranty.
7. The Customer may report the complaint to the Seller in connection with the use of free-of-charge electronic services provided by the Seller. The complaint may be filed in electronic form and sent to the electronic mail address of the Seller. The Customer should include their Login and description of the problem in the complaint notification. The Seller shall immediately, to the extent possible, but not later than within 14 (fourteen) Working Days, consider the complaint and provide a reply to the email address of the Customer given in the complaint notification.


7. FREE-OF-CHARGE SERVICES
1. The Seller renders the following free-of-charge electronic services to Customers:
   
   • Maintaining the Customer Account;
   • Newsletter.
2. The services specified in Article 9, sec. 1 above are provided twenty-four hours a day, 7 days a week.
3. The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Terms and Conditions.
4. The service of maintaining the Customer Account shall be available upon Registration, based on principles described in Article 4 and 5 of the Terms and Conditions.
5. Each Customer, who activates the appropriate field on the registration form, may use the Newsletter service.
6. The Newsletter service consists in sending an electronic message to the email addresses of the given Customers, containing the information on new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all the Customers who made a subscription.
7. Each Newsletter directed to the given Customers contains, in particular:
   
   • information about the sender;
   • filled out "subject" field which describes the dispatch content, and
   • information about the possibility and means to unsubscribe from the free Newsletter service.
8. The Customer may report its remarks to the Seller in connection with the use of the aforementioned free-of-charge services. The comments should be submitted in electronic form. The Seller, if possible, but not later than within 21 (twenty-one) working days shall reply to the justified objections of the Customer using the Customer's email address provided in the notification concerning the remarks.
9. The Customer may, at any time, resign from receiving the Newsletter by unsubscribing via a link placed in each electronic message sent within the framework of the Newsletter service or via activation of the appropriate field in the Customer Account.
10. The Seller is authorised to block the access to the Customer Account and free-of-charge services in the event of actions taken by the Customer to the detriment of the Seller or other Customers, an infringement of the legal Terms and Conditions or provisions of the Terms and Conditions by the Customer, as well as if the closing-off of the access to the Customer Account and free-of-charge services is justified by safety reasons - in particular: violation of the security of the B2B Platform Websites or other hacker activities. The access to the Customer Account and free-of-charge services for the aforementioned reasons is blocked for the period necessary to solve the issue constituting the basis for blocking the access to the Customer Account and free-of-charge services. The seller shall notify the Customer about the blocking of the access to the Customer Account and free-of-charge services electronically, using the email address provided by the Customer in the registration form.


8. LIABILITY
1. The Seller shall be entitled to interruptions or interferences in the electronic provision of services and making the B2B Platform Websites available, if the causes for this include:
   
   • modification, modernisation, expansion or maintenance of the IT system, or the Seller's software;
   • force majeure, action or inaction of third parties (beyond the control of the Seller).
2. The Seller shall be held liable only in the event of causing deliberate damage and within the limits of the losses actually incurred by the Customer who is an Entrepreneur.
3. The Seller shall not be responsible for the failure to provide or adequately provide the online services if this was caused by a third party (in particular telecommunications companies, Internet service providers and suppliers of electrical energy). The Seller shall, however, be responsible for own actions or inactions, as well as actions or inactions of persons contracted to assist in the provision of the online services, as well as persons entrusted with the performance of such services.
4. The Seller shall not be held liable for the impossibility to use or difficulties in using the B2B Platform, resulting from causes attributable to the Customer, in particular, the loss of the Password by the Customer or third parties acquiring the said Password (irrespective of the method). However, the Seller shall be held liable, if the loss of the Password by the Customer or third parties acquiring the said Password takes place for reasons attributable to the Seller or for reasons for which the Seller is liable.
5. The Seller shall not be held liable for damage caused by actions or omissions of the Customers, in particular for using the B2B Platform by them in a manner which is not compliant with the applicable provisions of law or these Terms and Conditions.
6. The exclusive grounds for liability of the Seller shall be these Terms and Conditions and the mandatory provisions of law.


9. PERSONAL DATA AND "COOKIES"
1. The Seller shall be the administrator of Customer personal data voluntarily provided to the Seller as part of the Registration process and within the provision of electronic services by the Seller or in other circumstances specified in the Terms and Conditions.
2. Personal data shall be processed by the Seller solely based on the authorisation to process data, and only in order to fulfil orders or provide electronic services by the Seller and for other purposes set out in the Terms and Conditions.
3. Personal data supplied to the Seller are submitted freely, provided, however, that non-submission of data set out in the Terms and Conditions in the process of Registration shall prevent Registration and establishment of the Customer Account.
4. Anyone who transfers his or her personal data to the Seller shall have the right of access to their content and the right to correct them.
5. The Seller shall allow to remove personal data from the data set, in particular if the Customer Account is deleted. The Seller may refuse to remove personal data if the Customer fails to pay all amounts owed to the Seller or violates the applicable law, and keeping the personal data is necessary to explain the circumstances and determine the liability of the Customer.
6. The Seller shall protect the transferred personal data and shall make every effort to secure them against unauthorised access or use. The collection of Customer’s personal data shall be treated as a separate database kept on the Seller’s server in a special security area which allows for an appropriate level of protection.
7. The Seller shall not hand over, sell nor otherwise make available the collected Customers’ personal data to other persons or institutions, unless expressly agreed by the Customer or expressly required by law, or ordered by court, prosecution service, police or any other duly authorized body in the event of violation of law by any of the Customers.
8. The Seller shall reserve the right to reveal the collective, general statistical specifications concerning the Customers to the companies and internet services cooperating with the Seller. Such specifications refer to the B2B Platform Website traffic and do not contain any personal data of the Customers.
9. The Seller applies a mechanism of "cookies", which are saved on the hard disk of the Customer’s terminal by the Seller’s server during the use of the B2B Platform Websites by the Customers.
10. The use of the cookie files is aimed at the correct functioning of the B2B Platform Websites on the Customer's terminals. The mechanism does not destroy the Customer's terminal and does not cause configuration changes in the Customer's terminals and the software installed on this hardware. Cookies are not aimed at identifying the Customers.
11. The Seller shall use “cookie” files to the following ends:
    
    • to remember the information on the Customer’s terminals;
    • to verify and develop the product offer;
    • to gather statistical data.
12. Each Customer may turn off "cookie" files in the web browser of their terminal. The Seller shall, however, indicate that disabling "cookies" may interfere with or prevent the proper operation of the B2B Platform Websites.


10. TERMINATION OF THE AGREEMENT (not applicable to orders/sale contracts)
1. Each Party has the right to terminate the agreement for the provision of online services at any time and without justification, with the reservation that the other Party shall retain the acquired rights from before the termination hereto, subject to provisions below.
2. The Customer, who made the Registration, terminates the electronic service agreement by reporting a request to remove the Customer Account with the use of any remote means of communication which enables the Seller to become familiar with the Customer’s declaration of will, whereby the agreement is terminated upon the expiry of the notice period amounting to 7 (seven) days.
3. The termination of the agreement shall not exempt the Customer from the performance of obligations in relation to the Seller, if such obligations exist on the date of termination of the agreement.
4. The Seller terminates the service agreement electronically by sending the relevant declaration of will to the Customer’s email address provided by the Customer during the Registration.


11. FINAL PROVISIONS AND AMENDMENT OF THE TERMS AND CONDITIONS
1. The Terms and Conditions shall be applicable from the date of publication on the B2B Platform Website and shall supersede all the previously binding Terms and Conditions for the B2B Platform.
2. The contents of the present Terms and Conditions may be recorded by printing, saved to a portable media or downloaded from the B2B Platform Websites at any time.
3. The Terms and Conditions are subject to change. Each Customer shall be notified of the change in the contents of the Terms and Conditions by the Seller, by sending the information containing the list of changes in the Terms and Conditions to the email address indicated by them on the registration form.
4. Notification about the changes to the Terms and Conditions as described above, shall happen no later than 7 (seven) business days before the amended Terms and Conditions shall become effective If the Customer that owns the Customer Account does not accept the new contents of the Terms and Conditions, they shall be obliged to notify the Seller of this fact within 7 (seven) days of the date of being notified of the change in the Terms and Conditions. Failure to accept the amended Terms and Conditions shall result in the termination of the agreement as per Article10.
5. All the orders accepted by the Store for completion before the date of a change in the Terms and Conditions are completed on the basis of the Terms and Conditions which were applicable on the date of placement of the order by the Customer.
6. Should any part of these Terms and Conditions prove void or ineffective under the existing law, such part shall be construed as compatible with the applicable law and understood in terms of its implied meaning. Other parts of the Terms and Conditions shall remain in full force and effect.
7. In the event of a dispute related to a concluded Sale contract, the Parties shall aim at resolving the dispute in an amicable manner. The applicable law for the settlement of any disputes related to the execution of the present Terms and Conditions shall be Polish law.
8. The Terms and Conditions shall enter into force on 1 January 2018.