THE STATUTE OF PLATFORM B2B 

This Statute defines general terms, conditions and the manner of sale by BRADAS Adam i Jan Tyrała Spółka Jawna, with headquarter  in Olesno, via Platform B2B bradas.pl (hereinafter referred to as ‘’Platform B2B”) and specifies principles and conditions of providing unpaid services by electronic means.

§ 1
Definitions


Statute
– Statute of Platform B2B.


Vendor – Bradas Adam i Jan Tyrała SJ with headquarter in Olesno (46-300), 5 M. Konopnickiej Street, VAT (NIP): 576-000-21-48, REGON: 151002000, inscribed into entrepreneur register of the National Court Register at Regional Court in Opole, VIII Commercial Division of the National Court Register, under number KRS 0000074350; e-mail bradas@bradas.pl, who is also the owner of Platform B2B.

Vendor Office– Bradas Adam i Jan Tyrała SJ, 46-300 Olesno, 5 M. Konopnickiej Street.

Vendor Warehouse – 46-300 Olesno, 13 Targowa Street.

Customer – natural legal person or other entity which is not incorporated person, granted with legal capacity by legal act, running economic or professional activity on own behalf.

Commodity – products shown by Vendor on Platform B2B.

Sale Contract – Sale Contract concluded electronically on the principles specified in Statute between  Customer and Vendor.

Working Days – weekdays from Monday to Friday, except bank holidays.

Carrier
– company cooperating with Vendor on delivery of Commodity or Vendor’s own transport.


Delivery – actual action of delivery of Commodity, according to the order, to Customer by Vendor via Carrier.

Customer Account – individual panel for each Customer, activated by Vendor.

Website of Platform B2B - website, through which Vendor runs Platform B2B, operating under bradas.pl domain.

Registration – actual action performed in the manner specified in Statute, required for the proper use of all functionality of Platform B2B by Customer.

Login – individual Customer identification, arranged by Vendor as a sequence of alphabetic, numeral or other characters, required along with a password to log in on Customer Account on Platform B2B.

Password – a sequence of alphabetic, numeral or other characters, used to protect access to Customer Account on Platform B2B. Password is arrange by Customer during Registration on Platform B2B. Customer is able to change password in any given moment via Customer Account.

The act of personal data security – Act from day 29th of August 1997 of personal data security (Dz.U. 2016r., poz. 922 with later amendments).
Administrator of personal data – company Bradas Adam i Jan Tyrała SJ with headquarter in Olesno (46-300), 5 M. Konopnickiej Street, NIP: 576-000-21-48, REGON: 151002000.


§ 2
General provisions

  1. Any rights to Platform B2B, including copyrights, intellectual property rights to its name, domain, Website of Platform B2B, and also for the templates, forms, logotypes belong to Vendor, and the use of them is solely possible in the manner specified in Statute.
  2. Platform B2B is shared by Vendor via network and Website of Platform B2B as a resource of tele-information and information systems.

§ 3
Use of Platform B2B

  1. The use of Platform B2B indicates every Customer action, which leads to became acquainted with content concluded on Website of Platform B2B, with restriction of provisions in §4 of Statute.
  2. The use of Platform B2B has to be solely performed on terms specified in Statute.
  3. Vendor endeavours to enable Customer to use Platform B2B within all popular web browsers, operation systems, various types of computers and Internet connections. Vendor does not  guarantee and is not responsible, that each option of computer hardware possessed by Customer, enables the use of Platform B2B. Minimal technical requirements that enable the use of Website of Platform B2B, with restriction of previous sentence, are web browser with Javascript switched on and plugin Adobe Flash installed without any systems blocking display of Flash objetcs, also accepting “cookies’’ files.
  4. In order to place the order and to use services available on Website of Platform B2B, it is necessary to have active email account.
  5. Customer using Platform B2B is not entitiled to interfere in any manner in the content, structure, form, graphics and operation system of Platform B2B.

      6. It is forbidden for Customer to provide illegal content and use Website of Platform B2B or unpaid services provided by Vender in illegal manner, contrary
          to good practise, violating personal rights of third parties or justified interests of Vendor.

      7. Customer is entitled to use resources of Platform B2B solely for their own sake. It is unacceptable for Customer to use resources and facility of Plaform
          B2B to run activity which violates interests of Vendor.

      8. Vendor states that public nature of Internet and using electronic services may carry a risk of gaining and modifying Customer data by unauthorised
          person. In order to avoid such an event, Customer should use proper technical measures which minimize risk mentioned hereinbefore. Specifically, to 
          use antivirus programme which protects identity when using Internet. Vendor never ask Customer to reveal password in any possible form.

 

§ 4
Registration

  1. In order to activate Customer Account, Customer notifies Vendor about willingness to gain access to Platform B2B.
  2. Registration is necessary to place the order by Customer on Platform B2B.
  3. In order to register, Customer fill out the form available on bradas.pl website.
  4. Registration form is filled out with following rules:

a)      Customer should fill out all the fields of Registration form, unless field is marked as optional,

b)      information written in Registration form should be truthful and solely referred to Customer, wherein Customer is the person responsible for authenticity of information written in Registration form,

c)      Customer should familiarise with the content of Statute,

d)     Customer should accede to process her/his data by Vendor, accordingly to the act of personal data security, concluded in Registration Form in order to fulfill services for her/his sake, wherein Customer is entitled to access, correct and delate her/his personal data.

     5. Forwarding completed Registration form is tantamount to:

a)      acknowledgement and acceptance of provisions of Statute by Customer,

b)      conclusion of contract to provide services by Vendor to run Customer Account,

c)    Vendor autorisation to process Customer personal data concluded in Registration form in order to provide services in running Customer Account and acceding to communicate by Vendor about information related to technical support for Customer Account, via email address given by Customer during Registration.

      6. During Registration, Customer can accede to process her/his personal data by Vendor for marketing purposes accordingly to the act of personal data
          security and in the means of the act from day 18th of July 2002 about providing services vis electronic manner Dz.U.02.144.1204 with amendments. In
          this case, Vendor clearly informs about the purpose of gathering Customer personal data. Acceding to process personal data for marketing purposes indicates that::

a)      consent is freewill and may be canceled any time,

b)      Customer, to whom personal data is referred to, is entitled to access, correct and delate personal data content,

c)      confiding personal data to Vendor occurs by marking appropriate field in Registration form.
     7. Acceding to process personal data for marketing purposes especially indicates consent for receiving commercial information from Vendor or advertisers
         cooperating with Vendor on Customer email address given in Registration form.
     8. Customer is obliged to endeavour to be confidential and not to share password with third parties. In the event of such circumstances, indicating that
         password is known by unauthorised person, Customer is obliged to inform Vendor about it immediately, using available means of communication. In this
         case, Customer will be given in a new password by Vendor.
     9. Vendor creates and enforces security systems from the unauthorised use, multiplication or diffusion of content concluded on Platform B2B. In the event of
         application of such security systems by Vendor, Customer is obliged to refrain from any actions aiming on removal or circumvention of such security
         systems or solutions.


§ 5
Orders, payment and order execution

  1. Information concluded on Website of Platform B2B do not form Vendor's offer within the meaning of article 66 §1 of the Civil Code.
  2. Customer can place orders on Platform B2B seven days a week and 24 hours a day via Website of Platform B2B.
  3. Customer completes the order by selecting Commodity of her/his interest, defining its quantity next to Commodity and through selecting icon of a basket, she/him adds it to "CART". After Customer completes order and selects ‘'CONFIRM ORDER" in "CART", she/he fills out form with delivery address. After specifying delivery address, Customer places the order by sending the order form to Vendor through selecting "SEND ORDER". Each time before sending order, total amount of selected Commodities is shown on screen. Delivery cost of ordered Commodities will be shown after placing the order.
  4. Placing the order by Customer constitute the offer to Vendor for concluding purchase contract for products covered by the contract.
  5. After placing the order, Vendor sends an email with order confirmation to the email address given by Customer. By confirming order reception, Vendor accepts offer of Customer, mentioned in article §5.4 above.
  6. On the grounds of the placed order, Vendor verifies availability of ordered Commodity by Customer on Platform B2B.
  7. In case of no available Commodity on Platform B2B or no possibility to fulfill Customer's order from other reasons, including case when purchase of Commodity from Vendor suppliers is not possible at the time of scheduled order realisation, Vendor informs Customer via email or telephone about such circumstances.
  8. If order realisation turns out to be impossible, Vendor may propose Customer to:

a)      cancel the whole order (when this option is selected by Customer, Vendor is excused to fulfill order),

b)      cancel part of the order which is not possible to fulfill in reasonable time (when this option is selected by Customer, Vendor is excused to fulfill the order to extent that is not possible),

c)      divide the order and specify period of realisation time of the part where originally realisation is not possible (when this option is selected by Customer, Delivery is made in seperate shipments).
     9. In case of no available Commodity or no possibility to fulfill Customer order from other reasons, particularly in case of Vendor not being able to get
         ordered Commodity in a reasonable time, he may recede from Sale Contract in a term of 30 (thirty) days from the date of signing.
   10. Vendor reserves the right to cancel Sale Contract in a term of 14 (fourteen) days from the date of signing, in case when it was concluded during
         malfunction in Platform B2B system, Website of Platform B2B therein, particularly in case of display of incorrect product prices and descriptions.
   11. In case of positive verification of availability of Commodity, Customer receives an e-mail from Vendor with information about confirmation of the order
         realisation, with restriction of provisions in §5 article 15 below.
   12. The price next to particular Commodity on Website of Platform B2B:

a)      represents net price (without Value Added Tax) and is defined in PLN,

b)      does not include information about delivery cost, about which Customer will be informed after placing the order,

c)      does not include information about possible duties if delivery address is outside of Poland territory.
   13. The final price binding parties of Sale Contract is the product price on Website of Platform B2B at the time of placing the order by Customer.
   14. Customer makes payment for ordered Commodity in indicated term, after she/he receives invoice through a bank transfer to Vendor's bank account.
         Vendor provides a VAT invoice with delivery of ordered goods.
   15. Customer can modify orders, until she/he receives the e-mail from Vendor with order confirmation and order ready to fulfill. Particularly, changes may
         concern ordered products, cancelling the whole or a part of order, changes to delivery address, changes to the details in invoice. In case of adding new
         Commodity by Customer to order that is already in progress, but before sending it by Vendor, it may affect extension of delivery time.
    16. Vendor can post information with approximate number of Working Days to fulfill the order on Website of Platform B2B.
    17. Ordered Commodity is delivered to Customer through Carrier to the address specified in the order form.
    18. Vendor informs Customer via email or telephone about an exact date of delivery.
    19. Customer should check delivery at the time and manner adopted to the particular type of delivery, in the presence of Carrier's employee.
    20. Customer is entitiled to ask Carrier about protocol, in case of a defect or damage to delivery.
    21. Customer has possibility to collect orderd Commodity in person. Collection can be made in Vendor Warehouse, 13 Targowa Street, 46-300 Olesno on
          Working Days, from 8:00 to 16:00  after arranged the date of collection via e-mail or telephone.
    22. In case of Customer absence at the address given as a delivery address, with restriction of provisions in §5 article 18, Vendor will contact Customer via
          e-mail or telephone to arrange a new date and delivery cost.


§ 6
Complaints and guarantees

  1. Customer is entitled to make a complaint about Commodity within one year from the date of Delivery of Commodity, using warranty, if in a term of one month from the day when she/he stated a defect of Commodity, or in a term of one month from the day when she/he may have detected it with a reasonable care, informs Vendor about such a defect.
  2. Vendor within 14 (fourteen) days considers complaint of Commodity stated by Customer and informs about further procedures.
  3. The essential condition in order to consider complaint of Commodity is a delivery of complaint Commodity with a proof of purchase and description of complaint by Customer. Complaint Commodity should be sent to Vendor address. Delivery cost to Vendor is covered by Customer.
  4. In case of positive consideration of the complaint in Customer favor, Vendor repairs or exchanges complaint product for fixed one, or, when exachange is not possible, he pays money back for the Complaint Product within 14 (fourteen) days from the date of consideration of complaint.
  5. Products sold by Vendor can be under warranty guaranteed by appropriate manufacturer or distributor. Vendor puts warranty under the products that is manufacturer of.
  6. In case of Commodity under warranty of manufacturer or distributor, Customer can make a complaint of product with a defect by:

a)      taking advantage of eligibilities based on the given warranty,

b)      making a complaint directly to the guarantor, Vendor is an agent conveying complaint that was made. Customer, according to her/his own choice, addresses complaint directly to the warranty service centre or Vendor,

c)      taking advantage of Customer eligibilities againts Vendor regarding warranty.
     7. Customer is entitled to address complaint to Vendor regarding the use of electronic unpaid services provided by Vendor. Complaint can be made by
         sending email on reklamacje@bradas.pl. In the email, Customer should include her/his Login and description of the problem. Vendor, as far as possible,
         but no later than in a term of 14 (fourteen) Working Days, considers complaint and answers on Customer's email given in the complaint form.

                                                                                                                                                                                                    


§ 7
Unpaid services

  1. Vendor provides Customer with the electronic unpaid services:

a)      leading Customer Account,

b)      newsletter.
      2. Services indicated above in §7 article 1 are provided 24 hours a day, 7 days a week.
      3. Vendor reserves the possibility of option to choose and change type, form, time and the way of providing access to selected services, wherein Customer 
          will be informed in appropriate manner for changing Statute.
      4. Service of leading Customer Account, is available after Registration, based on the principles specified in §4 and §5 of Statute.
      5. Service of newsletter can be used by any Customer, who marks a proper field in Registration form over Registration.
      6. Service of newsletter consists of sending an email by Vendor to the e-mail address of particular Customer, with information about new products or services
          in Vendor’s offer. Newsletter is sent by Vendor to each Customer who did subscription.
      7. Each newsletter sent to Customer includes in particular:

a)      information about sender,

b)      filled theme field, defining content of the email,

c)      information about possibilities and manner in order to cancel unpaid service of newsletter.
     8. Customer can address the comments regarding the use of unpaid services mentioned above to Vendor. Comments should be sent through email. Vendor,
         as far as possible, but no later than in a term of 21( twenty-one) Working Days, responds to Customer’s comments on the e-mail address given in the
         comment form.
     9. Customer can cancel service of newsletter by signing out from the subscription clicking on the link in the email sent within service of newsletter or by
         marking appropriate field in Customer Account.
    10. Vendor is entitled to block the access to Customer Account and unpaid services, in case of negative actions from Customer in Vendor favour or other
         Customers, violation of law or Statute provisions, as well as when the access to Customer Account and unpaid services is blocked from security reason- in
         particular: breaking security codes to Website of Platform B2B by Customer or other hacker actions. Blocking access to Customer Account and unpaid
         services from mentioned reasons lasts as long as it is needed to solve the matter of blocking the access to Customer Account and unpaid services. Vendor
         informs Customer about blocking the access to Customer Account and unpaid services through email given by Customer in Registration form.


§ 8
Responsibility

  1. Vendor is entitled to have a break or interruptions in electronic services and sharing Website of Platform B2B, if the reason is:

a)      modification, modernisation, expansion or maintenance of tele-information system,

b)      force majeure, actions or nonfeasance of third parties (actions not depending on Vendor).
      2. Vendor takes responsibility only in case of the intentional harm and actual Customer’s loss who is an entrepreneur.
      3. Vendor does not take responsibility for any failure or improper performance of electronic services, if it is caused by third parties (in particular
          telecommunication operators, suppliers of telecommunications lines and electricity). However, Vendor takes responsibility for their own actions,
          nonfeasance of actions or third parties, which help Vendor to provide electronic services, as well as third parties, which are entrusted to provide these
          services.
      4. Vendor does not take responsibility for impossibility or difficulties in the use of Platform B2B, caused by the reasons from Customer side, in particular for
          loss or overtaking her/his Password by third parties (regardless of manner). However, Vendor takes responsibility for loss or overtaking Customer’s
          Password by third parties if it was caused from Vendor side or reasons which Vendor takes responsibility for.
      5. Vendor does not take responsibility for damages caused by Customers’ actions or nonfeasance, in particular for their use of Platform B2B in a manner
          inconsistent with applicable law or Statute.
      6. Sole source of Vendor’s obligations is this particular Statute and applicable law.


§ 9
Personal data and ‘’Cookies’’

  1. Administrator of Customer’s personal data conveyed freely to Vendor within Registration and providing services by Vendor via e-mail or other circumstances specified in Statute, is Vendor.
  2. Personal data will be solely processed by Vendor on the grounds of authority to process the data and for the purpose to fulfill the order or services provided via email by Vendor and other puropses specified in Statute.
  3. Personal data are conveyed to Vendor freely, however, with this restriction that not providing information specified in Statute during Registration process, does not allow to make Registration and set up Customer Account, as well as placing and fulfilling Customer's order.
  4. Each person, who conveyed her/his personal data to Vendor, is entitled to access, correct and delate its content.
  5. Vendor ensures possibility to delate personal data from the record, especially in case of delating Customer Account. Vendor may refuse delating personal data if Customer did not settle all receivable with Vendor or violated applicable law and personal data are necessary to be kept, in order to solve the matter and establish Customer's responsibilities.
  6. Vendor protects conveyed personal data and endeavours to protect them from the unauthorized use and access to them. The record of Customers' personal data is considered as seperate database, stored at Vendor's server in a special security zone providing appropriate protection.
  7. Vendor does not give, sell and lend Customers' personal data to other people or institutions, unless Customer makes a request or accedes to do so, according to applicable law, as well as for the request of court, prosecutor's office, police or other authorised institutions in case of violation of law by Customer.
  8. Vendor reserves the right to disclose general statistics concerning Customers. Statistics concern viewings of Website of Platform B2B and do not contain Customer's personal data.
  9. Vendor uses system of ‘’cookies’’ files, which are saved by Vendor's server on a hard disc of Customer's final device, when Customer use Website of Platform B2B.
  10. The use of  ‘’cookies’’ files aims to proper operation of Website of Platform B2B on Customer's final device. This particular system does not damage Customer's final device and do not cause configuration changes in Customer's final device, as well as in the softaware installed on this device. System of ''cookies'' files do not aim to indetify Customer.
  11. Vendor uses ‘’cookies’’ to:

a)      Record information about Customer's final device,

b)      verificate and make a progress of the offer,

c)      statistic purposes.
    12. Each Customer can turn off the system of ‘’cookies’’ files in the web browser in her/his final device. Vendor indicates that turning off the system of 
          ''cookies'' files may cause inconvenience or disable to use Website of Platform B2B.


§ 10
Contract termination
(not applicable to orders/sale contracts)

  1. Each party can terminate the contract of providing electronic services at any time and not giving any particular reason, with restriction of keeping rights acquired by other Party before termination of the contract mentioned above and provisions below.
  2. Customer, who did Registration, terminates the contract of providing electronic services by sending request to Vendor to cancel Customer Account, through any means of communication, allowing Vendor to familiarise with Customer’s decision, wherein the contract termination comes through after a term of 7 (seven) days of notice.
  3. Contract termination does not relieve Customer from her/his obligations toward Vendor, if there are any at the time of the contract termination.
  4. Vendor denounces providing electronic services by sending appropriate statement via email given by Customer during Registration.


§ 11
Final provisions and changes in Statute

  1. Statute is applied from the day of publication on Website of Platform B2B and replaces the previous statutes of Platform B2B.
  2. Content of hereby Statute may be established by printing, saving in media or downloading from Website of Platform B2B at any time.
  3. Statute may change. Each Customer will be informed by Vendor about changes via email given in Registration form.
  4. Information about changes in Statute, in the manner as described above, will occur no later than 7 (seven) Working Days before release of changes in Statute. In case of Customer who has Customer Account and disagrees with the new content of Statute, is obliged to inform Vendor about it within 7 (seven) days from the date of information about changes in Statute. Disagreement results in contract termination according to provisions in § 10.
  5. All orders accepted by Vendor to fulfill before the day of changes in Statute, are executed according to existing Statute at the time of placing order.
  6. If any part of Statute turns out to be invalid or inefficient in the light of law, this particular part should be interpreted in such manner that is consistent with applicable law and reflects closest intents of this particular part. Other parts of Statute remains fully applicable and efficient.
  7. In case of disagreement on the basis of Sale Contract, parties will try to solve the matter amicably. Applicable law to solve the matter of any disagreement arising under hereby  Statute is polish law.
  8. Statute begins on 24.12.2014.