TERMS OF SALES
General Provisions
Article 1
The following words and phrases used in these Terms have the following meaning:
1. Koncept-L – Koncept-L Spółka Akcyjna with its registered office in Warsaw, 03-244 Warsaw, Wenecka 12, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the City of Warsaw, 13th Commercial Division under the number KRS 0000306428, NIP [Tax ID no.]: 5262103850, REGON [business register no.]: 012851680, e-mail address: koncept@koncept-l.pl, telephone number: 22 512 79 00.
2. Dealer – a natural or legal person or other organisational unit without legal personality that has placed an order for Goods in accordance with these Terms and purchases them for further resale.
3. Online Shop – a tool enabling the purchase of Goods available as one of the functionalities of the Koncept-L B2B System, available at: www.koncept-l.pl.
4. Office of the Company – the place intended for serving Customers, located in Warsaw at ul. Wenecka 12.
5. Preliminary Price Proposal – a printout summarising the parties' preliminary agreements made earlier by phone or e-mail, delivered by Koncept- L to the Dealer to the e-mail address provided by the latter. A Preliminary Price Proposal does not constitute an offer within the meaning of the Civil Code.
6. Order – Dealer's declaration of will constituting an offer to conclude a contract, constructed in response to the Preliminary Price Proposal presented by Koncept- L.
7. Online Order – Dealer's declaration of will made in accordance with the form available in the Online Shop, constituting an offer to conclude a contract.
8. Order Acceptance Confirmation – Koncept- L's statement of acceptance of the Dealer's Order or Online Order.
9. Goods – any goods offered for sale by Koncept-L.
10. Authorised Person – a person designated by the Dealer as authorised to submit Orders on its behalf and to send and receive all correspondence relating to the Orders that have been placed, including correspondence sent by e-mail, in particular to receive Order Placement Confirmation, Order Acceptance Confirmation, Order Execution Confirmation and other Order Status Changes.
Article 2
1. The provisions of these Terms will apply to all contracts of sale of Goods offered by Koncept- L.
2. Information related to the Goods placed on the site of the Online Shop, including the price, and any part of telephone or electronic communication will not constitute an offer within the meaning of Article 543 of the Civil Code or Article 66 § 1 of the Civil Code, but only an invitation to submit offers.
3. An offer to conclude a contract made by the Dealer (Order or Online Order) is binding on the Dealer for 14 days.
4. Without prejudice to section 5 below, a contract is formed upon the Dealer receiving the Order Acceptance Confirmation by Koncept-L in the form of an e-mail to the address provided by the Dealer.
5. The contract concluded with the simultaneous presence of both parties at the Office of the Company is formed at the moment of the Dealer (including by an Authorised Person acting on its behalf) accepting the offer to conclude a contract of sale presented by Koncept-L.
Terms of use of the Online Shop
Article 3
1. The Online Shop is a tool available to the Dealer once Koncept-L grants relevant authorisations. Granting authorisations consists of activation of the access to the resources of the Online Shop to the Dealer and its Authorised Persons.
2. The authorisations referred to in section 1 are granted on the following conditions (cumulatively):
a) notification to Koncept-L by the Dealer of the desire to obtain the authorisations referred to in section 1,
b) the purchase of Goods for resale only,
c) consistency with Koncept-L's sales policy, and in particular with any contracts and obligations to third parties.
3. In addition to the authorisations granted in accordance with sections 1 and 2 above, the use of the Shop requires a device (such as a computer, tablet, mobile phone) with Internet access and an active web browser that allows the display of hypertext documents (HTML), with Java Script and cookies enabled, and having an Access Account in the Koncept-L B2B System.
4. Detailed rules of providing the service of keeping the Access Account to Dealers are defined in the System Terms and Conditions.
Order procedure
Article 4
1. Purchase of Goods from Koncept-L is possible only under the rules determined in these Terms and placing an order is equivalent to the acceptance of these Terms
2. An order may be placed via the Online Shop, in writing, by telephone or by e-mail. The Goods may also be purchased in person at the Office of the Company.
3. Placing an Order via the Online Shop consists of selecting items from the product groups in a specified quantity and transferring them to the Online Shop Basket with the ‘Add to basket’ button. The next step is to use ‘View basket’ and fill in all required fields of the Online Order form. The last step is to confirm the entered data by using the ‘Order and pay’ button. At this point, the Online Order is formally placed, which is confirmed by the display of a confirmation page containing, among other things, the number assigned to the order in the Online Shop.
4. The process of placing an Order in the case of the process conducted with the use of e-mail begins with an exchange of correspondence in which the parties make arrangements on the basis of which Koncept-L will construct a Preliminary Price Proposal taking into account the needs of the Dealer. Koncept-L sends a Preliminary Price Proposal to the Dealer to the e-mail address used by the Dealer for correspondence. After receipt of the Preliminary Price Proposal, the Dealer may place an Order. Koncept-L waits for an Order to be placed for a period of 24 hours. After this time, the Preliminary Price Proposal becomes invalid and the Dealer interested in concluding a contract should request another Preliminary Price Proposal. The contract is formed when Koncept-L provides the Dealer with an Order Acceptance Confirmation to the e-mail address used by the Dealer for correspondence in relation to the Order.
5. The process of placing an Order in the case of telephone sales begins with a telephone conversation, during which Koncept-L identifies the needs of the Dealer and presents to the Dealer preliminary options that may be taken into account in forming a Preliminary Price Proposal. After identifying the Dealer's expectations, Koncept-L prepares a Preliminary Price Proposal and delivers it to the Dealer to the e-mail address provided by the Dealer during the telephone conversation. After receipt of the Preliminary Price Proposal, the Dealer may place an Order. Koncept-L waits for an Order to be placed for a period of 24 hours. After this time, the Preliminary Price Proposal becomes invalid and the Dealer interested in concluding a contract should request another Preliminary Price Proposal. The contract is formed when Koncept-L provides the Dealer with an Order Acceptance Confirmation to the e-mail address used by the Dealer for correspondence in relation to the Order.
6. The Dealer cannot modify the Preliminary Price Proposal. If the Dealer is not satisfied with the Preliminary Price Proposal, the Dealer should contact Koncept-L and request changes to the Preliminary Price Proposal. Koncept-L is under no obligation to modify the Preliminary Price Proposal originally submitted. Upon delivery of a modified Preliminary Price Proposal by Koncept-L to the Dealer, the original version of the Preliminary Price Proposal becomes invalid.
7. Koncept-L may refuse to provide an Order Execution Confirmation, inter alia, in the event that the Dealer is late with any payment to Koncept-L.
8. Sales of Goods at the Office of the Company with simultaneous presence of the parties takes place during working hours, i.e. from Monday to Friday from 9.00 am to 3.00 pm. The Dealer identifies the Goods the Dealer wishes to purchase and Koncept-L communicates the availability of the Goods and their price. The contract is formed at the moment of acceptance by the Dealer of the offer to purchase Goods presented by Koncept-L.
9. The order execution time depends on the availability of Goods.
10. The method of delivery and the date and method of payment in the case of telephone and e-mail sales will be agreed on a case by case basis and will be specified in the Preliminary Price Proposal.
11. The method of delivery in case of transactions via the Online Shop is selected by the Dealer each time when placing an Online Order from among the following:
a) pickup in person,
b) delivery.
In justified cases, such as a pandemic, the list of delivery methods may be limited.
12. The Dealer may choose the form of payment from the following:
a) payment upon pickup in person – payment is made directly to Koncept-L;
b) instant transfer – payment using an electronic payment processor only available when purchase is made in the online shop. This form of payment involves an additional cost that will be specified when it is selected. Payment is deemed to have been made once the processor has debited the funds from the client's account and the processor has confirmed the payment;
c) prepayment to bank account – payment should be made to Koncept-L's bank account within 3 days of receiving the Order Acceptance Confirmation. The Order will be accepted for execution only after crediting the funds in Koncept-L's bank account. No payment within the period specified above will be equivalent to the submission of a statement of withdrawal from the contract of sale of the Goods by the Dealer;
d) trade credit – Koncept-L will provide a form of trade credit consisting of deferred payment in individually agreed cases and on individually agreed terms.
13. Shipping costs depend on the country of dispatch, the net value of the order and the dimensions of the Goods that comprise the order. Shipping costs are determined as follows:
a) if the net value of the ordered Goods is equal to or lower than PLN 2,500, the shipping cost will amount to PLN 15 net (not applicable to large-size shipments and those requiring special transport),
b) if the net value of the order is higher than PLN 2,500, delivery is free of charge (not applicable to large-size shipments and shipments requiring special transport),
c) Koncept-L has the right to charge appropriate shipping costs for large-size shipments in case the order cannot be sent in one shipment or in a standard parcel with maximum dimensions 60x60x120 cm,
d) The maximum value of the cash on delivery option is PLN 5000 gross.
e) In the case of large-size shipments (e.g. pallets) and orders requiring special transport, the cost will be determined on a case by case basis,
f) In the case of international shipments, the cost will be determined on a case by case basis with representatives of the sales department.
14. The prices of Goods presented in the Online Shop are net prices and VAT will be added to them at the applicable rate.
15. Any photographs, visualisations, graphics or sketches presented on the website of the Online Shop are for illustrative purposes only. A detailed specification of the Goods may be obtained by the Dealer from the manufacturer or the account manager if they have such a specification.
Order completion
Article 5
1. Fulfilment of a contract of sale concluded through the Online Shop or by e-mail is done on the principles arising from the concluded contract, which principles are specified in the offer to conclude a contract submitted by the Dealer and accepted by Koncept-L and in these Terms.
2. Fulfilment of a contract of sale concluded in person at the Office of the Company takes place on the principles arising from the concluded contract, which principles are specified in the offer to conclude a contract presented by Koncept-L and accepted by the Dealer and in these Terms.
3. In the case of orders placed through the Online Shop, the Dealer is automatically informed of the various stages of processing of the Order by e-mail messages relating to changes in the status of the order.
Article 6
1. The date of completion of the Order will be, depending on the selected method of delivery, the date of its transfer to the carrier or the date of pickup of the Goods by the Dealer from Koncept-L.
2. The risk of accidental loss or damage to the Goods is transferred to the Dealer at the moment of handing over the Goods to the carrier.
3. The rules of collecting the Goods from the carrier are determined by the carrier, if possible, after consultation with the Dealer.
Complaints
Article 7
1. Koncept-L's liability for defects in the Goods is excluded.
2. The Goods may be covered by the manufacturer's warranty and under the conditions specified by the manufacturer.
Personal Data Protection
Article 8
1. The Controller of personal data of Dealers, their representatives and Authorised Persons is Koncept-L Spółka Akcyjna with its registered office in Warsaw, 03-244 Warsaw, ul. Wenecka 12.
2. Personal data of Dealers, their representatives and Authorised Persons are collected and processed by the Controller of personal data in order to perform the contract of sale concluded with the Dealer, and in order to perform the contract concluded with the Dealer to provide access to the B2B System (if the Dealer has concluded such a contract with the Controller of personal data).
3. In connection with the processing of personal data, the Dealer, its representative and the Authorised Person have the right to:
a) access their personal data (Article 15 of the GDPR1);
b) rectify their personal data (Article 16 of the GDPR);
c) request the erasure of personal data in the cases referred to in Article 17(1), subject to the exceptions laid down in Article 17(3) of the GDPR;
d) request the restriction of data processing in cases referred to in Article 18 of the GDPR;
e) data portability in cases specified in Article 20 of the GDPR;
4. The Dealer, its representative and Authorised Person will also have the right to lodge a complaint to the supervisory authority dealing with personal data protection in the event that, in the processing of the Dealer's, its representative's or Authorised Person's personal data, the Controller violates the personal data protection laws.
5. If the Controller processes personal data of the Dealer, its representative or Authorised Person on the basis of consent, the Dealer, its representative or Authorised Person has the right to withdraw their consent at any time and that will not affect the validity of the processing that was carried out on the basis of consent before withdrawal thereof.
6. Additionally, the personal data Controller announces that, for reasons related to the particular situation of the Dealer, its representative or Authorised Person, the Dealer, its representative or Authorised Person has the right to object to the processing of their personal data, including profiling, where the processing by the personal data Controller is based on:
a) the necessity of the processing for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (Article 6(1)(e) of the GDPR),
b) Controller's legitimate legal interest (Article 6(1)(f) GDPR).
7. Detailed information on data processing and data protection is contained in the Privacy Policy available at https://koncept-l.comarch-esklep.pl/polityka-prywatnosci,13.
Final provisions
Article 9
1. The Dealer may not provide any unlawful content to Koncept-L.
2. Any matter not regulated in these Terms will be governed by generally applicable laws.
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1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
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Terms of Sales v.1.0 10.11.2021