These Regulations define the general terms, conditions and method of sale conducted by Imagine s.c., via the B2B Platform: b2b.smartprint24.com (hereinafter: "B2B Platform") and define the terms and conditions of provision by Imagine s.c. free services by electronic means.
§ 1. Definitions.
1. Seller's Office - Imagine s.c. Cholerzyn 501, 32-060 Liszki
2. Working days - means days of the week from Monday to Friday, excluding public holidays.
3. Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
4. Supplier - means a courier company with which the Seller cooperates in the delivery of Goods or the Seller's own transport.
5. Password - a string of letters, numbers 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 for the Customer on the B2B Platform.
6. Client - means a natural person, legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
7. Customer Account - means a panel individual for each Customer, launched on his behalf by the Seller.
8. Login - means the Customer's individual identification, determined by the Seller, consisting of a string of letters, numbers or other characters, required together with the Password to log into the Customer Account on the B2B Platform.
9. Regulations - means these regulations of the B2B Platform.
10. Registration - means the actual act performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the B2B Platform.
11. Seller - means an entity running a business under the name Imagine s.c. Dominika Pamuła, Krzysztof Pamuła with headquarters in Balice, (address: 32-083 Balice, Przemysłowa 28), NIP PL6772374005, REGON 122797521.
12. Website of the B2B Platform - means the websites where the Seller runs the B2B Platform, operating in the domain: b2b.smartprint24.com.
13. Goods - means the product presented by the Seller via the Website of the B2B Platform.
14. 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.
1. 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 only be used in a manner specified and compliant with the Regulations.
2. The B2B platform is made available by the Seller via the Internet and the Website of the B2B Platform 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 leads to the review of the content on the Website of the B2B Platform, subject to the provisions of §4 of the Regulations.
2. The use of the B2B Platform may only take place on the terms and to the extent specified in the Regulations.
3. The Seller will make every effort to ensure that the use of the B2B Platform is possible for Customers with the use of 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 configuration variant of electronic equipment owned by the Customer will enable the use of the B2B Platform. The minimum technical requirements enabling the use of websites of the B2B Platform, subject to the previous sentence, is a web browser with Javascript enabled and accepting cookies.
4. In order to place an order on the B2B Platform and in order to use the Services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
5. The Customer, using the B2B Platform, is not entitled to any interference in the content, structure, form, graphics, and the mechanism of operation of the B2B Platform.
6. It is forbidden for the Customer to provide illegal content and use by the Customer of the B2B Platform, B2B Platform Website or free services provided by the Seller in a manner contrary to the law, decency, infringing personal rights of third parties or legitimate interests of the Seller.
7. The customer is entitled to use the resources of the B2B Platform only for his own use. It is not allowed to use the resources and functions of the B2B Platform in order for the Customer to conduct activities that would violate the interests of the Seller.
8. The Seller declares that the public nature of the Internet and the use of electronic services 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 anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
§ 4. Registration.
1. In order to create a Customer Account, the Customer notifies the Seller of a 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 fills in the form on the B2B website.
4. Filling out the registration form follows the following rules:
a) The customer should complete all fields of the registration form, unless the field is marked as optional;
b) The information entered into the registration form should relate only to the Customer and be truthful, while the Customer is the person responsible for the accuracy of the information entered in the registration form,
c) The customer should read the content of the Regulations,
d) The customer should consent to the processing of his personal data contained in the registration form in order to provide services for him and for statistical purposes, while the customer has the right to access their data and correct and delete them.
5. Sending the completed registration form is equivalent to:
a) acknowledging and accepting the provisions of the Regulations by the Customer,
b) concluding a contract for the provision of services by the Seller in the form of maintaining a Customer Account,
c) authorization of the Seller to process the Customer's personal data contained in the registration form in order to provide the Customer Account maintenance service and for statistical purposes and consent to the Seller transferring to the e-mail address provided by the Customer during Registration, information related to the technical support of the Customer Account.
6. During Registration, the Customer may consent to the processing of his personal data for marketing purposes. In this 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 this data. The consent to the processing of personal data for marketing purposes takes into account that:
a) consent is voluntary and may be withdrawn at any time,
b) The customer to whom the personal data relates has the right to access the content and correct and delete personal data,
c) entrusting the Seller with personal data takes place by checking the appropriate box in the registration form.
7. Expressing 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.
8. 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 the suspicion that the Password is 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 this case, the Customer will receive a new password from the Seller.
9. The Seller creates and implements safeguards against unauthorized use, duplication or dissemination of the content contained on the Website of the B2B Platform. If the Seller uses the above-mentioned security measures, Customers undertake to refrain from any actions aimed at removing or circumventing such security measures or solutions.
§ 5. Orders, payment and order fulfillment.
1. The information contained on the Website of the B2B Platform does not constitute an offer of the Seller.
2. The Customer may place orders on the B2B Platform 7 (seven) days a week and 24 (twenty four) hours a day via the Website of the B2B Platform.
3. The Customer completes the order by selecting the Product he is interested in, specifying its quantity for the given Product 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 fills in the form with the Delivery address. After specifying the Delivery address, the Customer, after selecting the "ORDER" command, places the order by sending the order form to the Seller. Each time before the order is shipped 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 is handed over for execution.
4. Placing an order is an offer by the Seller's Customer to conclude a contract for the sale of the Goods being the subject of the order.
5. After placing the order, the Seller sends the confirmation of the order to the e-mail address provided by the Customer. Confirmation of the order is the Seller's declaration of acceptance of the offer referred to in §5 sec. 4 above.
6. On the basis of the order placed, the Seller verifies the availability of the Goods ordered by the Customer on the B2B Platform.
7. If the ordered Goods are not available on the B2B Platform or the Customer's order cannot be processed 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 will inform the Customer by e-mail or by phone about the circumstances that have arisen. .
8. If the execution of the order turns out to be impossible, the Seller may propose to the Customer:
a) cancellation of the entire order (the choice of this option by the Customer releases the Seller from the obligation to complete the order);
b) cancellation of 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 performance of the order to the extent that it is not possible)
c) splitting the order and specifying the deadline for completing the order in the part that was originally not possible to perform (if the Customer selects this option, the Delivery will be made in separate shipments, while the Customer will not incur additional costs of Delivery related to the division of the order).
9. In the event of the lack of the ordered Goods or the inability to fulfill the Customer's order for other reasons, in particular if the Seller is unable to obtain the ordered Goods within a reasonable time, he may withdraw from the sales contract within 7 (seven) days from the date of its conclusion.
10.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 malfunctioning of the B2B Platform's IT system, including the B2B Platform Website, in particular when displayed on the website incorrect prices or product descriptions.
11. In the event of a 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 sec. 15 below.
12. Prices on the Website of the B2B Platform located next to the given Good:
a) are net prices (excluding VAT) and are specified in Polish zlotys,
b) do not contain information about the costs of Delivery, about which the Customer will be informed after placing the order,
c) do not contain information on possible customs duties, if the delivery address is outside the territory of Poland.
13. The final price binding the parties to the sales contract is not the price of the Goods contained on the Website of the B2B Platform at the time of placing the order by the Customer, but the price confirmed by the Seller on the VAT invoice, taking into account all the circumstances of the order.
14. The Customer makes the payment for the ordered Goods after receiving the VAT invoice within the time specified on the invoice, by bank transfer to the Seller's bank account. The Seller provides a VAT invoice along with the Delivery of the ordered Goods.
15. The Customer may modify the order until he receives the information confirming the acceptance of the order by the Seller to the Customer's e-mail address. In particular, the changes may relate to the scope of the order in question, cancel all or part of the order, change the delivery address, or change the data on the VAT invoice. If the Customer adds new Goods to an order that is already in progress, but before the shipment is sent by the Seller, this may extend the time of order fulfillment. In case of cancellation of all or part of the order.
16. The Seller may post on the Website of the B2B Platform information on the approximate number of Working Days needed to complete the order.
17. Ordered Goods are delivered to the Customer via the Supplier, to the address indicated in the order form.
18. The Seller by phone or via e-mail sends information to the Customer when the Customer receives the Goods.
19. The Customer should examine the delivered parcel in time and in the manner adopted for parcels of a given type, in the presence of the Supplier's employee.
20. The Customer has the right to demand from the Supplier's employee to draw up an appropriate protocol in the event of a defect or damage to the shipment.
21. The Customer may collect the ordered Goods in person. The collection can be made at the Seller's Office on Working days, from 9:00 a.m. to 4:00 p.m. after prior arrangement of the pickup date by e-mail or by phone.
22. In the absence of the Customer at the address indicated by him, given 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, agreeing again with the Customer the date and cost of the Delivery.
23. The Seller accepts ink and toner containers for a fee, but each time information about the willingness to provide the above-mentioned products must be preceded by a message to the service to the following address: serwis@smartprint24.com. The cost of accepting 1 kg of products is PLN 1.9 net.
We do not accept containers from other companies. In the case of sending materials that do not come from our company, a fee will be charged in the amount of PLN 50.00 net / each kilogram.
§ 6. Complaints and guarantees.
1. The Customer has the right to lodge a complaint about the Goods within two years from the date of Delivery of the goods, exercising the warranty right, provided that he notifies the Seller about the defect found within two months from the date on which he found the defect in the Goods.
2. The Seller, within 6 (six) hours of collecting the parcel, will respond to the complaint of the Goods submitted by the Customer and notify him of the further procedure.
3. The prerequisite for considering the complaint of the Goods is the delivery by the Customer of the Goods complained about together with a description of the complaint (on the Seller's form). The goods under complaint should be sent to the address of the Seller. Once a month, the costs of this shipment are covered by the Seller, the second and again - by the Customer.
4. If the complaint is considered in favor of the Customer, the Seller will replace the advertised product with a fully-fledged product or issue an invoice with a correction for the advertised product within 1 (one) hour from the moment the complaint is considered.
5. Goods sold by the Seller may be covered by a guarantee granted by the appropriate producer or distributor. The seller provides a warranty for the products of which he is the manufacturer.
6. In the case of Goods covered by the distributor's or manufacturer's warranty, the Customer may complain about a product with defects:
a.using the rights resulting from the granted guarantee,
b. 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 choice, may report directly to the warranty service or to the seller,
c. using the Customer's rights towards the Seller in connection with the warranty.
7. The Customer may submit a complaint 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 shall, if possible, immediately, but not later than within 7 (seven) business days, consider the complaint and reply to the Customer's e-mail address provided in the complaint.
8. Quantity complaints are considered on condition that the notification was made no later than 7 (seven) days from the receipt of the Goods by the Customer.
§ 7. Free services.
1. The seller providing the customers with quality services:
a. to the Customer's account,
b. newsletter,
2. Services allocated in §9 para. 1 above are 24 hours a day, 7 days a week.
3. The Seller reserves the right to choose and change the type, form, time and possibility of accessing selected services, about which he will inform the Customers in the procedure for changing the regulations.
4. The Customer Account Management service, proper registration, rules under §4 and § Regulations5.
5. Any customer who activates in the registration form can use the Newsletter service.
6. The Newsletter service consisting in sending information about new information about the Seller's offer by the Seller to the e-mail address of the Customer database, electronic messages of services. The newsletter is sent by the Seller to customers who have subscribed to all.
7.Click on the Customer Data Advertising Newsletter contains, in response:
a) information about the sender,
b) filled in "subject" field, message content,
c) information on the possibility and method of providing free services,
d) newsletter.
8. The customer can be a reseller. Comments in relation to the configuration with the listed services. Comments should be submitted in electronic form. The seller, if possible, no later than within 21 (twenty conversions) Caring for the answer about the correction about the customer about the electronic conversion of the customer, fixing the problem.
9. The customer may at any time, to persist by unsubscribing from the subscription by recalling the newsletter or the referenced newsletter at any older session.
10. The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting on the Seller's Customer or others, breaching the law or the Regulations by the Customer, and also, the possibility of providing access to the Customer's account and customer services is available for security reasons - in: breaking the security of Platform B's website or other hacking activities. Blocking access to the Customer Account and free services with distinction for the period until the issue is resolved, continue by unblocking access to the Customer Account and free services. The seller for blocking access to the customer's account and free services, the way to access the customer's registration in the customer form.
§ 8. Responsibility.
1.The Seller is entitled to interruptions or disruptions in the provision of electronic services and the provision of websites of the B2B Platform, if the reason is:
a) modification, modernization, extension or maintenance of the Seller's ICT system or software,
b) force majeure, acts or omissions of third parties (actions independent of the Seller).
2. The Seller is liable only in the event of deliberate damage and within the limits of the actual losses incurred by the Customer being the Entrepreneur.
3. 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 action or omission for the actions or omissions of persons with the help of whom he provides services provided electronically, as well as persons entrusted with the performance of these services.
4. 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 Customer's loss or possession by third parties (regardless of the method) of his Password. However, the Seller is liable if the loss by the Customer or the acquisition by third parties of his Password occurred for reasons attributable to the Seller or for reasons for which the Seller is responsible.
5. The Seller shall not be liable for damages caused by the actions or omissions of Customers, in particular for their use of the B2B Platform in a manner inconsistent with applicable law or the Regulations.
6. The sole source of the Seller's obligations is these Regulations and mandatory provisions of law.
§ 9. Personal data and "Cookies".
1. The administrator of 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.
2. Personal data will be processed by the Seller only on the basis of an authorization to process data and only for the purpose of fulfilling orders or services provided electronically by the Seller and other purposes specified in the Regulations.
3. Personal data provided to the Seller are provided to him voluntarily, with the reservation, however, 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.
4. Anyone who provides the Seller with their personal data has the right to access their content and to correct and delete them.
5. The Seller provides the option of removing personal data from the collection kept, 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.
6. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use. The collection of collected personal data of Customers is treated as a separate database, stored on the Seller's server, in a special security zone, ensuring proper protection.
7. 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 authority in the event of breach of the law by customers.
8. The Seller reserves the right to disclose to companies and websites cooperating with the Seller collective, general statistical summaries concerning the Customers. Such statements refer to the viewership of websites of the B2B Platform and do not contain personal data of customers.
9. The Seller uses the mechanism of "cookies", which are saved by the Seller's server on the hard drive of the Customer's end device when the Customers use the websites of the B2B Platform.
10. The use of "cookies" is aimed at the correct operation of the websites of the B2B Platform on the customers' end devices. This mechanism does not destroy the Customer's end device and does not change the configuration of the Customer's end devices or the software installed on these devices. "Cookies" are not intended to identify customers.
11. The Seller uses the "cookies" mechanism in order to:
a) remembering information about end devices of customers,
b) verification and development of your offer,
c) statistical.
12. Each customer may 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 websites of the B2B Platform.
§ 10 Termination of the contract (not applicable to orders / sales contracts).
1. Each Party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other Party before the termination of the above-mentioned. the agreement and the provisions below.
2. 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, the termination of the contract takes place after the notice period of 7 (seven ) days.
3. Termination of the contract does not release the Customer from fulfilling his obligations towards the Seller, if such exist on the date of termination of the contract.
4. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
§ 11 Final provisions and amendment to the Regulations.
1. The Regulations are valid from the date of publication on the Website of the B2B Platform and supersede the previously binding regulations of the B2B Platform.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the websites of the B2B Platform.
3. The regulations may be changed. Each Customer will be informed by the Seller about the content of the amendments to the Regulations by sending to the e-mail address indicated by them in the registration form, information containing a list of amendments to the Regulations.
4. Notification of the amendment to the Regulations in the manner specified above will take place no later than 7 (seven) Business Days prior to the introduction of the amended Regulations. If the Customer who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact within 7 (seven) days from the date of notification of the change in the Regulations.
5. Lack of acceptance results in the termination of the contract in accordance with the provisions of § 10.
6. All orders accepted by the Store for implementation before the date of amendment to the Regulations are implemented on the basis of the regulations in force on the date of placing the order by the Customer.
7. If any part of the Regulations turns out to be invalid or ineffective in the light of applicable law, this part should be interpreted in such a way that it is consistent with the applicable law and reflects as closely as possible the intentions of the given provision. The remaining parts of the Regulations remain in full force and are fully effective.
8. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
9. The Regulations come into force on 01/05/2013.
polski