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Store Regulations

CHAPTER I

GENERAL INFORMATION
§ 1

Introduction

1st Wholesale online store available at the electronic address https://hurtowniagalanter.pl/ is run by DIVINO Group - Adam Borzym, registered in the Central Register and Information on Business Activity conducted by the Minister of Economy, permanent place of business address: 55/1U Grafitowa Street, 72-006 Mierzyn, NIP: 851-288-51-29, REGON: 320841826.

2 Contact information:

Mailing address:

DIVINO Group - Adam Borzym

55/1U Graphite Street, 72-006 Mierzyn

E-mail: kontakt@hurtowniagalanter.pl

Telephone contact: 517 651 323 (call charge at the operator's rate)

Business hours: 7:30 - 15:30

3 Definitions of terms used in the regulations:

  1. Business days - days of the week from Monday to Friday, excluding public holidays.

  2. Account - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Customer's data entered by the Customer in the Account registration process are collected, including information on orders placed.

  3. Client/Orderer - an entrepreneur within the meaning of Article 431 of theAct of April 23, 1964 of the Civil Code.

  4. Wholesaler - an online wholesaler available at the electronic address https://hurtowniagalanter.pl/.

  5. Seller/Service Provider - DIVINO Group - Adam Borzym, registered in the Central Register of Business Activity and Information maintained by the competent minister of economy, address of the permanent place of business: 55/1U Grafitowa Street, 72-006 Mierzyn, NIP: 851-288-51-29, REGON: 320841826.

(4) These Regulations govern the detailed rules of cooperation between the Seller and the Purchaser.

(5) The provisions contained in these Regulations apply only to Customers purchasing products from the Wholesaler for further resale, i.e. directly related to their business activity. This means that the Seller shall cooperate only and exclusively with business entities purchasing products from the Wholesale Store for further resale. Orders of a private nature will not be accepted for execution.

CHAPTER II

TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY

§ 2

Services provided by electronic means

Services provided electronically by the Service Provider:

  1. Blog - a service available under the "Blog" tab . The Client has the opportunity to post comments under the Blog entries. The Customer has the opportunity to stop using the "Blog" service at any time and without giving any reason by closing the Wholesale website. The service is provided free of charge.

  2. Newsletter - a service consisting of sending commercial information within the meaning of the Act of July 18, 2002 on providing services by electronic means, described in detail in § 3 of these Regulations. The service is provided free of charge.

  3. Account - a service available to the Customer related to the registration of an Account with the Wholesaler, described in detail in § 6 of these Regulations. The service is provided free of charge.

  4. Recover password - a service that allows the Customer to generate a new password to the Account through the "Login/You don't remember your password" tab , after entering the e-mail address and clicking on the "Recover password" button. The service is provided free of charge, has a one-time nature and is terminated after using it.

  5. Compare - a service that allows comparing several products available in the Wholesaler's offer, available on the product card after clicking on the "Compare" button. The service is provided free of charge, has a one-time nature and terminates after using it.

  6. Search - a service that allows you to search for content through a dedicated "Search" window , available on the Wholesale website. The service is provided free of charge, has a one-time nature and terminates after use.

  7. Inquire about product availability - a service available to Customers to obtain information on the availability of a given product in case of its unavailability. To obtain information on the availability of a product, click on the "Notify product availability" button on the product card, then edit the content of the request, provide an e-mail address and click on the "Send" button. The service is provided free of charge.

  8. Ordering - the service of providing the Customer with the possibility to place orders in order to conclude distance sales contracts, described in detail in § 8 of these Regulations. The service is provided free of charge, has a one-time nature and is terminated when the order is placed.

§ 3

Newsletter Service

The Newsletter service is related to sending commercial information within the meaning of the Act of July 18, 2002 on Electronic Service Providing. The Newsletter service is provided for an indefinite period of time, no more often than once a week.

(2) The Client may agree to send commercial information in the form of Newsletter during the registration of the Account by checking the checkbox "Subscribe to Newsletter".

(3) Each e-mail message that is sent within the Newsletter service shall contain data of the Newsletter sender, commercial information related to the promotion of goods and services, as well as a link for resignation from the Newsletter service.

(4) The Customer may change the previously indicated e-mail address to which the Newsletter service is provided. The change of e-mail address may be made by sending an e-mail to: kontakt@hurtowniagalanter.pl

(5) The Client may unsubscribe from the Newsletter at any time without giving any reason. Cancellation of the Newsletter service may be done by:

  1. sending an e-mail to the address: kontakt@hurtowniagalanter.pl

  2. clicking on the "Unsubscribe" button located in the footer of each email sent within the Newsletter service.

CHAPTER III

TERMS AND CONDITIONS OF ELECTRONIC SERVICE PROVISION

§ 4

Technical conditions

(1) The condition for using the services of the Wholesale Store is:

  1. having a computer, laptop or other device with Internet access,

  2. having an electronic mail account (e-mail),

  3. Internet browser: Internet Explorer, Mozilla FireFox, Edge, Chrome, Opera,

  4. cookies enabled in the web browser and JavaScript enabled,

  5. minimum screen resolution: 1024 x 768 pixels or higher.

(2) Due to technological changes, the above technical requirements may change, in particular, the existing software may be replaced by a higher version.

(3) The customer is obliged to use the resources of the Wholesaler in accordance with its purpose and should refrain from providing unlawful content.

CHAPTER IV

INFORMATION ON SPECIFIC RISKS ASSOCIATED WITH THE USE OF SERVICES PROVIDED ELECTRONICALLY BY THE SERVICE PROVIDER BY CUSTOMERS

§ 5

Information on risks

(1) The Service Provider draws particular attention to the fact that the provision of services by electronic means involves risks on the part of the Client as a user using the Internet.

(2) The basic risks associated with the use of the Internet include:

  1. malware - these are various types of applications or scripts that cause harmful or malicious actions against the network user's ICT system, such as viruses, worms, trojans,

  2. spyware - these are programs that track the Client's activities, which collect information about the Client and send it to the author of the program,

  3. hacking into the Client's ICT system using hacking tools,

  4. phishing for confidential information such as passwords by impersonating a trustworthy person or institution,

  5. spam - is unsolicited and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content.

(3) The customer, in order to avoid the above-mentioned threats, should install an anti-virus program on the computer or device with which it connects to the Internet. The program should be constantly updated. In addition, it is recommended that the Client using services provided electronically should have the system firewall running, not open e-mail attachments of unknown origin, as well as carry out regular scanning of the entire system with an anti-virus program.

(4) Any unusual signals of functioning of the Wholesaler's website, in particular, a different appearance of the website, unprecedented messages, messages, images, etc., without a prior message issued by the Service Provider to the Clients as to the possibility of such incidents, may mean an attempt of unlawful actions of third parties. Under such circumstances, the Service Provider recommends that the use of the Wholesale website be discontinued immediately and the Service Provider be notified.

CHAPTER V

TERMS AND CONDITIONS OF CONCLUSION AND TERMINATION OF THE CONTRACT FOR ELECTRONIC SERVICES CONSISTING IN MAINTAINING AN ACCOUNT

§ 6

Registration of Account

(1) In order to register an Account, it is necessary to fill in the registration form, available on the Wholesaler's website. Registration of an Account is free of charge.

(2) In order to register an Account, you must click on the "Login" tab , then provide an e-mail address and click on the "Register" button. Next, in the registration form, you need to provide your first name, last name, e-mail address, set a password, company name, Tax ID, mailing address and click on the "Register" button. In the next step, a confirmation of the registration is sent to the e-mail address. After verification of the Customer's data, the Seller sends confirmation of Account activation by e-mail, which is equivalent to the conclusion of the contract for electronic provision of services concerning the Account. The contract for the provision of services by electronic means concerning the Account, is concluded for an indefinite period of time.

(3) Within the Account, the Customer has access to the full offer of the Wholesaler.

§ 7

Termination of the agreement regarding the Account

(1) The agreement on provision of services by electronic means concerning the Account may be terminated by the Customer at any time without giving any reason by sending a declaration of intent to the e-mail address: kontakt@hurtowniagalanter.pl or in writing to the address: DIVINO Group - Adam Borzym, 55/1U Grafitowa Street, 72-006 Mierzyn, The Agreement shall expire 14 days after the date of submission of the declaration of intent to terminate it, unless the Parties agree on a shorter notice period.

(2) The Service Provider may terminate the contract for the provision of an Account if:

  1. The Client provides unlawful content and violates the provisions of the Regulations,

  2. The Client conducts activities that threaten the security of the Wholesale IT system (hacking activities),

  3. closure/liquidation of the Wholesaler takes place.

(3) Termination of the contract for the provision of services concerning the Account by the Service Provider shall take place by sending the Client a statement of intent to the e-mail address provided during the registration of the Account. The agreement shall expire after 14 days from the date of submission of the statement of intent to the Customer on its termination.

CHAPTER VI

ORDERS

§ 8

Placing orders

(1) The Customer may place orders through the Wholesale Store 7 days a week, 24 hours a day, as well as electronically at the address: kontakt@hurtowniagalanter.pl.

(2) In order to place an order, the first step is to access the Account, then complete the order by selecting the goods, specifying the quantity and clicking on the "Add to cart" button.

In the next step, the Customer's order is displayed and the shipping address data that the Customer provided when registering the Account is automatically downloaded. At this point, it is also possible to modify the shipping address by adding a new delivery address.

(4) The Customer then selects the method of delivery, form of payment and places the order by clicking on the button that allows placing the order. Once the order is placed, the Seller immediately confirms its receipt and accepts the order for processing. Confirmation of receipt and acceptance of the order by the Seller is made by sending the Customer an e-mail message. Upon receipt of the aforementioned e-mail, a sales contract between the Customer and the Seller is concluded.

§ 9

Realization of orders

(1) Orders are realized within 7 working days. Order processing time depends on the time needed to complete all products from the order. Orders placed on Saturdays, Sundays and holidays are realized in the order of their placement on the first working day following the day on which the order was placed.

(2) The order of execution of orders depends on the date of payment. Paid orders are realized first.

(3) In case of unavailability of some of the goods covered by the order, the Ordering Party will be immediately informed of this fact. In such a case, the Ordering Party shall decide whether the order is to be fulfilled in part or whether the missing goods will be replaced by other goods or whether the order is to be cancelled in full.

(4) The Seller performs delivery on the territory of the Republic of Poland and to countries of the European Union such as the Czech Republic, Germany, Slovakia, Austria, Hungary, Belgium, Denmark, Estonia, France, the Netherlands, Lithuania, Latvia, England, Finland, Spain, Slovenia, Sweden, Italy, Greece, Ireland, Portugal.

(5) If the goods are shipped to the Ordering Party via a carrier, the Ordering Party shall examine the shipment at the time and in the manner usual for shipments of this kind. If he finds that the consignment has been damaged or defective in transit, he is obliged to do all things necessary to determine the liability of the carrier.

(6) If the goods are ordered and the shipment is not received by the Ordering Party, the cost of delivery and its return to the Seller shall be borne by the Ordering Party. Upon receipt of the uncollected shipment, the Seller will inform the Orderer by e-mail of the amount of the costs incurred, which the Orderer is obliged to pay to the Seller's bank account within 3 days on the basis of the VAT invoice issued.

(7) The moment the Seller releases the goods to the carrier, the benefits and burdens associated with the goods, as well as the danger of accidental loss of or damage to the goods, are transferred to the Orderer. In this case, the Seller shall not be liable for loss of or damage to the goods arising from acceptance for transportation until the moment of delivery to the Ordering Party, as well as for delay in delivery of the shipment.

(8) In case of non-payment of the amount due to the Seller, the Seller shall send a reminder of the unpaid amount. The Seller reserves the right not to execute the order if the Ordering Party does not pay the amount due under the sales contract within the period indicated on the invoice.

§ 10

Payment for goods

(1) The Seller shall make available the following forms of payment to choose from:

  1. transfer to the Seller's bank account,

  2. payment on delivery (only for the realization of shipments within the territory of the Republic of Poland).

(2) The Purchaser shall make payment within 7 days of receipt of the VAT invoice. The moment of payment of the price resulting from the invoice is considered the moment of crediting the receipt to the Seller's bank account.

(3) Payment by bank transfer shall be made to the specified bank account of the Seller held by ING Bank Slaski, account number: 06 1050 1559 1000 0090 7569 9414.

(4) The ordering party, who has chosen a form of payment on delivery and has not taken delivery of the goods, with the next order, has only the option of prepayment by bank transfer to the bank account of the Seller. In this case, the cash on delivery form of payment is not available.

CHAPTER VII

COMPLAINT PROCEDURE
§ 11

Complaints regarding provision of services by electronic means

(1) Complaints related to the malfunctioning of the Wholesaler's website may be submitted via e-mail to: kontakt@hurtowniagalanter.pl and also in writing to the address: DIVINO Group - Adam Borzym, 55/1U Graphite Street, 72-006 Mierzyn.

(2) In the complaint application, please provide your name, surname, e-mail address, description of the problem giving rise to the complaint, the method of delivery of the response to the complaint. The information referred to in the preceding sentence is a convenience for the Service Provider to consider the complaint.

(3) The Service Provider shall respond to the submitted complaint immediately, but no later than within fourteen days from the date of its receipt, sending an appropriate response in accordance with the method selected by the Client.

§ 12

Warranty

Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for defects in goods is excluded.

CHAPTER VIII

PERSONAL INFORMATION, FINAL PROVISIONS

§13

Personal data

(1) The administrator of personal data is Adam Borzym conducting business under the name of DIVINO Group- Adam Borzym, entered in the Central Register of Records and Information on Business Activities conducted by the Minister of Economy, permanent place of business address: 55/1U Grafitowa Street, 72-006 Mierzyn, NIP: 851-288-51-29, REGON: 320841826.

(2) The data controller can be contacted at the e-mail address: kontakt@hurtowniagalanter.pl and in writing at the address: DIVINO Group - Adam Borzym, 55/1U Graphite Street, 72-006 Mierzyn.

(3) The data controller declares that it has the necessary IT systems and uses appropriate procedures to ensure protection against unauthorized access of third parties to personal data in accordance with the requirements of the RODO.

4. purposes, legal basis and retention period of personal data:

  1. for the provision of the Newsletter service, based on the person's consent (legal basis: Article 6(1)(a) of the RODO), until the expressed consent is withdrawn,

  2. for the purpose of providing the Account service (legal basis: Article 6(1)(b) RODO), for the time necessary to execute the agreement, and thereafter for the period corresponding to the period of limitation of claims,

  3. in order to conclude and execute sales contracts, (legal basis: Article 6(1)(b) RODO), for the time necessary to execute the contract, and thereafter for the period corresponding to the period of the statute of limitations for claims,

  4. in order to fulfill tax obligations arising from tax regulations (legal basis: Article 6(1)(c) RODO), for the period of their retention specified by tax regulations,

  5. in order to fulfill accounting obligations under the Accounting Act (legal basis: Article 6(1)(c) RODO), for the period of their storage specified by accounting regulations,

  6. in order to assert or defend against claims, which is a legitimate interest of the controller, (legal basis: Article 6(1)(f) RODO), for a period corresponding to the period of limitation of claims.

(5) The controller may process the following personal data:

  1. in order to provide the Newsletter service, the email address is processed,

  2. in order to provide the Account service, data such as name, surname, mailing address, telephone number, e-mail address are processed,

  3. in order to conclude and execute the sales contract, such data as: name, surname, delivery address, telephone number, e-mail address, Tax Identification Number, bank account number are processed,

  4. in order to carry out tax obligations, such data as name, surname, mailing address, bank account number are processed,

  5. in order to fulfill accounting obligations, such data as: first name, last name, mailing address, bank account number are processed,

  6. in order to assert or defend against claims, such data as: first name, last name, mailing address, telephone number, e-mail address are processed.

(6) The data controller shall make personal data of Customers available in the following cases:

  1. shipping companies carrying out shipments on behalf of the Administrator,

  2. banks in case of the need to conduct settlements,

  3. state authorities, in particular the Police, the Prosecutor's Office, the President of the Office for Personal Data Protection, the President of the Office for Competition and Consumer Protection.

(7) In addition, Customers' personal data may be disclosed to entities processing on behalf of the Administrator, on the basis of a contract of entrustment of personal data processing, in order to provide services specified in the contract to the Administrator, such as the Internet Store software provider, hosting service provider.

(8) Providing data is voluntary, but in some cases it may be necessary. The necessity of providing data occurs in the following cases:

  1. concluding a sales contract. Failure to provide personal data necessary to conclude and perform the contract will result in the inability to conclude such a contract,

  2. registration of an Account. In order to register an Account, it is necessary to provide data to enable the registration of the Account. Failure to provide data will prevent the registration of the Account,

  3. due to the statutory obligations of the Administrator. Such obligation is the processing of personal data in order to fulfill tax obligations and in connection with the maintenance of accounting records. If the data is not provided, it will result in failure to fulfill the above obligations.

9 Any data subject has the right:

  1. to access his/her personal data (Article 15 RODO),

  2. To receive a copy of the data (Article 15(3) RODO),

  3. to rectification (Article 16 RODO),

  4. to erasure of data (Article 17 RODO),

  5. to restrict data processing (Article 18 RODO),

  6. to data portability (Article 20 RODO),

  7. to object (Article 21 RODO),

  8. to revoke consent at any time and without stating the reason in case the person has consented to the processing of personal data.

(10) In order to exercise the above-mentioned rights, the data subject should contact the Data Controller and inform the Data Controller of which right, to what extent, the data subject wishes to exercise. The request for the exercise of the data subject's rights may be submitted via e-mail: kontakt@hurtowniagalanter.pl and in writing to: DIVINO Group - Adam Borzym, 55/1U Graphite Street, 72-006 Mierzyn.

(11) If, upon receipt of the request, the Data Controller is unable to determine the content of the request or identify the requester based on the notification made, the Data Controller will request additional information from the requester.

(12) The request will be responded to within one month of receipt. If it is necessary to extend this deadline, the Administrator will inform the requesting person of the reasons for such extension. The response will be provided to the e-mail address from which the request was sent, and in the case of requests sent in writing, the response will be sent by registered mail to the address indicated by the person submitting the request, unless the content of the request indicates a desire to receive feedback to the e-mail address.

(13) The data subject has the right to lodge a complaint to the supervisory authority in charge of personal data protection, which in Poland is the President of the Office for Personal Data Protection with its seat in Warsaw, 2 Stawki Street, 00-193 Warsaw. Contact with the President of the Office for Personal Data Protection is possible:

  1. by letter: the Office of the President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw,

  2. by electronic mailbox available at: https://www.uodo.gov.pl/pl/p/kontakt,

  3. by phone (the Office's hotline): 606 950 000.

§ 14

Final provisions

(1) Contracts shall be concluded in Polish in accordance with applicable law.

(2) Matters not covered by these Regulations shall be governed by the provisions of generally applicable Polish law, in particular the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344), the Act of April 23, 1964 Civil Code (Journal of Laws of 2020, item 1740, 2320) and other relevant provisions of generally applicable law.

(3) Photographs on the website of the Wholesaler are the property of the Seller and manufacturers cooperating with the Wholesaler. Copyright to these photos is reserved. Copying and distribution in whole or in part without the consent of the Seller is prohibited and subject to legal protection.

(4) These regulations are effective as of 20.04.2021.