Правила та умови

 

For the purposes of these Terms and Conditions, the following will have the meaning given below:

these Terms – these Terms and Conditions drawn up on the basis of generally applicable laws and regulations, including the Act on Provision of Electronic Services of 18 July 2002 (Dz.U. [Journal of Laws] 2013.1422 uniform text as amended);

Koncept-L – Koncept-L S.A. with its registered office in Warsaw, address: ul. Wenecka 12, 03-244 Warsaw, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the number KRS 0000306428, NIP [Tax ID no.] 526-21-03-850, share capital PLN504,000.00 (paid in full), e-mail address koncept@koncept-l.pl;

Customer – an economic operator other than a Dealer, registered in the Koncept-L portal in accordance with the Terms of Collaboration, but not entitled to purchase goods in the System. 

Dealer – an entity collaborating with Koncept-L in accordance with the Terms of Collaboration that is not a consumer in the meaning of Article 221 of the Civil Code and is entitled to purchase Products from Koncept-L for further resale;

Party – Koncept-L, Customer, or Dealer;

Terms of Collaboration – the terms of commercial relationship between the Parties, including respectively:

- general contractual terms  available in the System or on the website of Koncept-L at http://www.koncept-l.pl, including in particular the terms and conditions concerning sales, deliveries, returns, complaint processing, trade credit;

Products – IT, AutoID and other products currently offered by Koncept-L as presented in the Koncept-L B2B System;

Koncept-L B2B System or the System – online sales system operated by Koncept-L available at http://www.koncept-l.pl;

User – a natural person who, at the request of a Dealer or a Customer, has a personal Access Account in the System with a separate login and password and possible authorisations including, inter alia, viewing the current products offered by Koncept-L, making purchases on behalf of the Dealer, determining the place of delivery of Products on behalf of the Dealer, submitting service requests on behalf of the Customer or the Dealer, viewing financial (accounting) documents relating to purchases made on behalf of the Dealer, administration of Access Accounts on behalf of the Customer or the Dealer; the User is deemed to be authorised to act on behalf of the Customer or Dealer;

Access Account – a personal account with a separate login and password created in the System for the User;

 

The subject of these Terms is to determine the principles of rendering services by Koncept-L electronically consisting of access to Koncept-L B2B System to the Customer and Dealer, including in particular to browse the products currently offered by Koncept-L, making purchases on behalf of the Dealer, determining the place of delivery of Products, registering service requests (RMA) on behalf of the Customer and Dealer, viewing financial (accounting) documents related to the purchases made on behalf of the Dealer, administering Access Accounts on behalf of the Customer and Dealer. Koncept-L announces that the purchase of goods in the Koncept-L B2B System is available exclusively to Dealers purchasing Products directly related to their economic or professional activities, for further resale. The rules of sale are governed by separate terms.

 

1. In order to register a Customer or Dealer in the Koncept-L B2B System, the Customer or Dealer fills out and submits an online registration form through the Koncept-L website available at http://www.koncept-l.pl/register and accepts these Terms and makes the necessary statements.

2. After Koncept-L receives a properly completed registration form and the acceptance by the Customer or Dealer of these Terms and the submission of necessary statements, Koncept-L conducts data verification and after a positive verification registers the Customer or Dealer in the Koncept-L B2B System, assigning appropriate access rights to them. 

3. By registering a Customer or Dealer in the B2B System, Koncept-L creates an Access Account for the User designated in the registration form.

4. Customer or Dealer will be notified (to the e-mail address provided by them) of the registration and the ability to start using the Koncept-L B2B System, and will receive the necessary information to log into the Koncept-L B2B System. A contract on the provision of electronic services consisting of access to the Koncept-L B2B System between the Parties will be formed upon receipt of such notification by the Customer or Dealer.

5. Access data (logins and passwords) to the Koncept-L B2B System of individual Users are confidential and cannot be disclosed by the Customer, Dealer or Users to any third party.

6. Provisions of section 3 subsections 1-3 will not apply to the extent that registration in the System has been individually agreed by the Parties.

 

1. When using the Access Account, depending on the authorisations in the Koncept-L B2B System granted to the User, the User may do the following on behalf of the Dealer:

• browse the products currently offered by Koncept-L and announcements, promotions, advertisements and price lists that constitute an invitation to conclude a contract of sale of the Products;

• obtain information on the availability of Products in the Koncept-L B2B;

• place orders for Products and obtain information on the status of orders;

• obtain information on the number of the order placed and the date and number of the invoice issued for that order;

• specify the place of delivery of the Products (list of recipients)

• register service requests (RMA) and obtain information on the status of the requests that have been processed;

• view financial (accounting) documents relating to the Dealer's purchases;

2. Using the Access Account, depending on the authorisations in the Koncept-L B2B System, the User may register service requests (RMA) on behalf of the Customer and obtain information on the status of the requests that have been processed.

3. The technical requirements for the System use are as follows: connection to the Internet, a web browser enabling display on the computer screen (or mobile device) of hypertext documents (HTML) linked in the Internet by a web service with Java Script and Cookies enabled, an active e-mail account.

4. Users are prohibited from providing content that is unlawful, offensive, violates third party rights or general social norms, and content that is false or misleading.

5. The contract for the provision of access to the System is concluded for an indefinite period of time.

6. Customer and Dealer have the right to cancel the System access by submitting a statement to this effect in writing to Koncept-L. The contract is terminated upon receipt by Koncept-L of the aforementioned statement. The statement may be submitted, for example, by e-mail to the following address: esklep@koncept-l.pl 

7. Koncept-L may terminate the access to the System with prior notification to Customers and Dealers to the e-mail addresses provided by them 30 days in advance.

 

1. Koncept-L is obliged to exercise due care in providing access to the System. 

2. The User may notify Koncept-L S.A. of any discrepancies and problems occurring during the System use that are noticed by the User. Notification may be made, for example, to esklep@koncept-l.pl. 

3. Koncept-L will respond to the complaint immediately, within 30 days. 

4. Koncept-L undertakes to take immediate action to rectify any non-conformities or problems arising during the use of the System.

 

1. Koncept-L is entitled to deprive the Dealer of access to the Koncept-L B2B System with immediate effect by blocking the Access Accounts, or is entitled to restrict the authorisations of Users, in any case when Koncept-L finds that:

• the Dealer is late with any payment due to Koncept-L, or

• the Dealer has breached the general terms and conditions of commercial collaboration, or 

• the Dealer violates any other contract between the parties, or the Dealer violates the rules for use of the Koncept-L B2B System defined in these Terms, or

• the Dealer uses Koncept-L B2B System for any purpose that puts Koncept-L's interests at risk, or

• the User is completely inactive in terms of browsing the Koncept-L product offering or the Koncept-L B2B System is not used for making purchases for a period exceeding 6 months, or

• the Dealer Agreement or any other agreement individually agreed by the Parties defining the framework of the Parties' commercial collaboration expires or is terminated;

• the Dealer discontinues its business activity ;

• creditworthiness or credit risk of the Dealer significantly deteriorate, the Dealer becomes insolvent or there is a risk of insolvency, debt recovery actions are taken against the Dealer,

2. Koncept-L is entitled to deprive the Customer of access to the Koncept-L B2B System with immediate effect by blocking the Access Accounts, or is entitled to restrict the authorisations of Users, in any case when Koncept-L finds that:

• the Customer is late with any payment due to Koncept-L, or

• the Customer violates the rules for use of the Koncept-L B2B System specified in these Terms, or

• the Customer uses Koncept-L B2B System for any purpose that puts Koncept-L's interests at risk,

 

- provided that, before blocking the Access Accounts or restricting the Customer's authorisations, Koncept-L will call upon the Customer, as applicable, to settle any outstanding payments or to desist from violations and will set an additional period of not less than 7 days for this purpose. Upon the ineffective expiry of this period, Koncept-L will be entitled to block the Customer's Access Accounts or restrict the Customer's authorisations.

 

3. Access Accounts of Users are only available during the term of the contract for the provision of electronic services consisting in the provision of access to the Koncept-L B2B System to the Customer or Dealer.

 

1. Koncept-L will use reasonable endeavours to maintain the System in a technical condition that allows Customers and Dealers to use the System continuously and without interruption, and to develop the System to strengthen the security, performance and stability of its operation.

2. Koncept-L will not be liable to the Dealer for any interruption in access to the B2B System, regardless of the reasons. Any liability of Koncept-L to the Dealer for interruptions in the functioning or malfunctions of the System is excluded. In particular, Koncept-L will not be liable to the Dealer in the event of any damage caused by the malfunction of power supply systems, telephone or ICT systems that belong to external vendors or operators, and by the occurrence of Force Majeure.

 

8. Personal data protection

Koncept-L hereby announces that: 

1. The Controller of personal data of Customers, Dealers and Users processed in connection with the conclusion of the contract for the provision of access to the System is Koncept-L Spółka Akcyjna with its registered office in Warsaw, ul. Wenecka 12, 03-244 Warsaw.

2. Personal data of Customers, Dealers and Users are collected and processed by Koncept-L for the purpose of performance of the contract concluded with the Customer or Dealer for the provision of access to the System (Article 6(1)(b) of the GDPR), and in relation to Users - for the purpose of the necessity to perform the contract with the Customer, which constitutes the legitimate interest of the personal data Controller (Article 6(1)(f) of the GDPR).

3. In connection with the processing of personal data, Customers, Dealers and Users have the right to:

a) access their personal data (Article 15 of the GDPR);

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 Customer, Dealer and User 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 Customer's, Dealer's or User's personal data, the Controller violates any personal data protection laws.

5. If the Controller processes personal data of a Customer, Dealer or User on the basis of consent, the Customer, Dealer or User 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 Customer, Dealer or User, the Customer, Dealer or User 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) legitimate legal interest of the personal data Controller (Article 6(1)(f) of the 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.

 

1. Koncept-L will be entitled to change these Terms for important reasons in the form of a necessity to change these Terms caused by:

a) change of any law affecting the provision of access to the System by Koncept-L – to the extent necessary to adapt these Terms to such change,

b) modernisation of the access to the System consisting in the change of its scope or functionality – to the extent necessary to adapt these Terms to such change.

2. Information about any planned change to these Terms will be sent to the Customer's or Dealer's e-mail address provided by them for the purpose of executing the contract at least 14 days before the planned changes take effect.

3. Should the Customer or Dealer refuse to agree with the proposed changes, they will have the right to cancel their access to the System by notifying Koncept-L accordingly. This may take place, for example, by sending a statement in this regard to the e-mail address esklep@koncept-l.pl. The contract for the provision of access to the System will terminate at any time chosen by the Customer or Dealer, but not later than the effective date of the change to these Terms that has not been accepted by them. Termination of the contract for the provision of access to the System will mean the cessation of performance of any service under the contract for the provision of such service for the Customer or the Dealer.

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