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General policy wholesale online store

Sparcos General policy wholesale online store

TERMS AND CONDITIONS OF THE ONLINE STORE

www.lotana.pl

The online store operating at www.lotana.pl is run by LOTANA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at ul. Marii Skłodowskiej-Curie 4/12, 20-029 Lublin, Poland, entered into the Register of Entrepreneurs kept by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number: 0001054995, NIP: 7123460607, REGON: 526212574, share capital: PLN 225,000.00 fully paid up, hereinafter referred to as the “Seller”.

The Seller has made available an electronic point of contact intended for direct communication with the authorities of the Member States, the European Commission and the Digital Services Board, available at: info@lotana.pl. The same channel may also be used by Customers for quick and direct contact with the Seller.

Written contact is also possible at the address indicated above, via the contact form available on the Seller’s website, or by telephone at: +48 459 569 057 (calls are accepted on business days between 8:00 a.m. and 4:00 p.m.; the cost of the call is in accordance with the Customer’s operator tariff).

Communication may be conducted in Polish, English or Ukrainian.

§ 1 GENERAL PROVISIONS

1. The following meanings are assigned to the terms:

  • TERMS AND CONDITIONS – these Terms and Conditions,
  • CUSTOMER – a natural person, a legal person or an organisational unit without legal personality but having legal capacity, who, under the terms and conditions set out in these Terms and Conditions, places an Order in the Store,
  • PRODUCT – a movable item presented in the Store, which is the subject of the Sales Agreement,
  • SALES AGREEMENT – an agreement for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer using the Store’s online service,
  • STORE – the online service available at www.lotana.pl, through which the Customer may place an Order,
  • ORDER – a declaration of intent of the Customer clearly specifying the type and quantity of Products, directly aimed at concluding a Sales Agreement.

2. The subject of the Seller’s activity within the Store is the sale of products currently included in the assortment and enabling the Customer to place Orders for the offered products via the website. Use of this service is possible after the Customer registers and logs into the Store. The Store allows free browsing of the Store’s assortment on product pages.

3. Sales are conducted via the Internet between the party placing the Order as the buyer and the Seller and are addressed exclusively to professional entities, not being consumers, who make purchases solely in connection with the professional nature of their activities within their business operations.

4. Each Customer purchasing Products offered by the Seller within the Store is obliged to familiarise themselves with the content of these Terms and Conditions. 

5. In order to facilitate communication for potential and current Customers, in the event of any questions it is recommended to first make use of the relevant informational tabs.

§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS

1. The technical requirements necessary to use the Store are as follows:

  • access to the Internet;
  • a properly configured web browser, including:

– Samsung Internet version 10 or newer with JavaScript and Cookies enabled, or

– Microsoft Edge version 17 or newer with ActiveX, JavaScript and Cookies enabled, or

– Mozilla Firefox version 70 or newer with JavaScript applets and Cookies enabled, or

– Opera version 60 or newer with Java, JavaScript applets and Cookies enabled, or

– Google Chrome version 70 or newer with JavaScript applets and Cookies enabled, or

– iOS Safari version 12 or newer with JavaScript and Cookies enabled;

  •  a current, active and properly configured e-mail account;
  •  a monitor with a resolution not lower than 360×640 px for mobile phones, 768×1024 px for tablets, and 1366×768 px for computers.

2. In the event that the Customer uses equipment or software that does not meet the technical requirements specified above, the Seller does not guarantee the correct functioning of the Store and reserves that this may have a negative impact on the quality and course of the Order placement procedure.

3. The Store does not use automated decision-making in the course of its operation. Alternatively, the Store may use profiling for the purposes of direct marketing; however, decisions taken on its basis by the Seller do not concern the conclusion or refusal to conclude a contract, nor the possibility of using electronic services.

4. The Seller shall not be liable for failures of the Store resulting from causes beyond its control.

5. The Seller shall make every effort to ensure that the Store operates continuously without any disruptions. The Seller shall make every effort to remove any potential malfunctions of the Portal and services as quickly as possible. The Service Provider is entitled to introduce maintenance breaks where necessary.

§ 3 CONTENT SAFETY

1. Customers are prohibited from providing content of an unlawful nature or otherwise inconsistent with these Terms and Conditions in any form. Such content shall be deemed to include, in particular, content that:

  • is inconsistent with the subject matter of the Store — statements should be related to the content appearing within the Service, i.e. matters related to the offered products and their use;
  • concerns technical issues related to the functioning of the Store — technical matters should be reported by Customers electronically to the Store’s e-mail address;
  • contains links leading to other websites or files;
  • serves to conduct prohibited advertising, promotional or marketing activities, in particular through posting advertisements, selling and promoting products, services, projects or collections;
  • serves to conduct activities prohibited by law, e.g. attempts at fraud or extortion of financial resources from other Customers;
  • incites violence against any living beings, including animals, or endorses such violence;
  • promotes any fascist or other totalitarian state system;
  • incites hatred or dangerous behaviour or endorses such behaviour;
  • defames, insults or in any way infringes the rights or personal interests of third parties;
  • contains vulgarisms or other content of an offensive nature;
  • violates the applicable legal order or principles of good conduct in any other manner.

2. In the event of a breach of the above guidelines, the Seller reserves the right to moderate and remove such content without informing the person who posted it. Posting the content indicated above in the Store shall result in the consequences provided for in these Terms and Conditions, including even deletion of the account from the Store or prevention of making purchases therein.

3. A Customer who considers given content in the Store to be illegal or inconsistent with these Terms and Conditions may submit a notification regarding such content to the Seller. Such notification shall be submitted electronically and should include an indication of the specific content, arguments for its removal, and the details of the reporting person allowing their identification. Anonymous appeals shall not be considered.

4. Notifications shall be examined within 14 days of their receipt. The reporting person shall receive confirmation of receipt of the notification. The Seller shall inform the Customer of the decision taken electronically or in writing.

5. The Seller’s decision may consist in removing the content or leaving it in the Store.

6. The parties may appeal against the Seller’s decision within 14 days from receipt of the justification for its removal. The decision on the appeal shall be final.

§ 4 REGISTRATION

1. Registration in the Store is free of charge but mandatory.

2. Registration in the Store is carried out on the basis of a correctly completed registration form in which the Customer provides the necessary identification data (first name, last name), an e-mail address and a password; accepts the applicable and current Store Terms and Conditions; and submits a declaration of consent to the processing of personal data to the extent necessary for the proper performance of the Customer’s Orders. A message confirming the creation of an account will be sent to the Customer’s e-mail address provided in the registration form. Upon receipt of the registration confirmation message, an agreement regarding the maintenance of the account is concluded between the Customer and the Seller.

3. After registration in the Store, logging in takes place using the data provided in the registration form or changed on the basis of a subsequent request submitted by the Customer.

4. In order to delete the Customer’s account from the Store (termination of the agreement), an electronic message with a request to delete the account should be sent to the e-mail address: info@lotana.pl, including data identifying the Customer currently registered in the Store, or the appropriate option in the account settings should be selected. The above does not apply to situations in which the Store is in the course of performing an Order placed by the Customer. In such a case, the effect of termination of the agreement shall occur upon completion of the relevant Order.

§ 5 ORDERS

1. Information on the assortment available in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

2. By placing an Order (while being logged into their account), the Customer submits an invitation to conclude a sales contract for the ordered Products in the Store. The Product ordering process begins with confirmation of the characteristics of the service via the product page. The Customer is informed about the estimated order fulfilment time, product availability, price and payment methods, as well as possible delivery options. In order to deliver the Product, the Customer is obliged to provide or verify their address details. Before placing the Order (by using the “Order and Pay” button), the Customer confirms that they have familiarised themselves with these Terms and Conditions, together with consent to the processing of personal data for the purposes of the Order.

3. The display by the Store of a message confirming acceptance of the Order after clicking the “Order and Pay” button constitutes a declaration of acceptance of the invitation referred to above and the conclusion of the contract. If, prior to confirming the placement of the Order (the “Order and Pay” button), the Customer terminates use of the given service and leaves the Store, the contract shall not be concluded.

4. In order to place an Order, the Customer is obliged to make a selection, from among those available in the Store, of: the ordered products, the delivery method, the payment method, and to indicate the delivery address. The selection is made by selecting a product and adding it to the shopping cart.

5. In the event of unavailability of the Products covered by the Order in the warehouse, at the Seller’s suppliers, or for other reasons, and the inability to fulfil the Customer’s Order, the Seller shall notify the Customer of this fact no later than within 14 (fourteen) days from the date of placing the Order. In such a case, the Customer has the right to decide whether they consent to fulfilment of the Order within the period proposed by the Seller or withdraw from the contract. In the event of partial inability to fulfil the Order referred to above, the Customer is informed of the status of the Order and makes a decision regarding the manner of its fulfilment. The Customer has the possibility to choose between:

  • partial fulfilment – the Customer’s choice of this option results in fulfilment of the Order exclusively with respect to the available Products;
  • cancellation of the entire Order (withdrawal).

In the event of withdrawal from the contract, the Seller shall refund to the Customer the amount paid as the price. The notification shall be sent to the e-mail address indicated by the Customer in the Order form or the registration form. If no decision is made within 7 (seven) days from the notification, the Order shall be cancelled with respect to the unavailable Products.

§ 6 PRICE OF PRODUCTS AND PAYMENT METHODS

1. The price indicated for each Product is binding at the moment the Customer places an Order. The prices of goods posted on the Store’s website do not include VAT (i.e. they are net prices). The price may include an individually calculated discount or rebate assigned to the Customer in an automated manner – information in this regard is included in the Order summary.

2. Delivery of goods is carried out in the following variants offered in the Store:

  • via a courier company
  •  via a freight forwarding company..

Information on delivery costs is available during the ordering process prior to placing the Order.

3. The Seller makes the following payment methods available to the Customer for Products:

  •  traditional bank transfer,
  • electronic payments and payment by payment card via the payment gateway made available by the Seller, if such gateway is made available on the website,
  • payment by bank transfer on the basis of a VAT invoice.

4. In the event that an Order is placed and payment for such Order is not credited within 48 hours, the Order shall be cancelled.

5. Release of the Order shall take place within the time specified in the Order confirmation and previously accepted by the Customer, however no later than within 30 (thirty) days from the date of conclusion of the contract. On the product page, the Seller indicates the estimated dispatch time of the Order.

6. In the event of return of the shipment to the Seller as a result of failure to collect the shipment (regardless of the selected form of shipment), it shall be stored at the Seller’s registered office at the Customer’s cost and risk for a period of 14 days. In such a case, the Seller shall request the Customer to collect the Order and indicate the collection deadline. After the expiry of this deadline, the Seller reserves the right to withdraw from the contract, dispose of such shipment at the Customer’s expense, or alternatively resell its contents, and to pursue reimbursement of the costs of return of the shipment, costs of its storage, and appropriate compensation.

§ 7 COMPLAINTS

1. The Seller is obliged to deliver a Product that is in conformity with the contract and free from defects and to properly perform the agreed services.

2. The Customer is obliged to carefully inspect the Goods upon receipt from the carrier. Any defects resulting from transport of the Goods to the Customer must be reported immediately, no later than within 7 days from receipt of the shipment, in order to enable the Seller to submit a complaint to the carrier.

3. In the event that defects are found in the delivered Product or provided services, the Customer may submit a complaint and inform the Seller of the observed irregularities and document such irregularities in order to enable verification of the objections. A complaint may be submitted electronically or in writing to the Store’s address.

4. The Seller undertakes to consider the complaint within 14 days from the date of its submission and to inform the Customer of the decision and further procedure in writing or via electronic mail to the e-mail address provided in the complaint notification or on another durable medium.

§ 8 PROTECTION OF PERSONAL DATA

Provisions concerning the protection of Customers’ personal data by the Seller are set out in the Privacy Policy and Cookies Policy published on the Store’s website.

§ 9 COPYRIGHT

These Terms and Conditions and all content published in the Store, including photographs and descriptions, constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and are subject to legal protection. Any copying, reproduction, distribution or preparation of derivative works thereof, in whole or in part, by any methods, devices or techniques, without the Seller’s prior written consent, is prohibited.

§ 10 FINAL PROVISIONS

1. For each Product sold by the Seller, a VAT invoice or another appropriate settlement document compliant with applicable tax regulations shall be issued. The VAT invoice shall be delivered electronically to the e-mail address provided by the Customer or in traditional form together with delivery of the Product. Acceptance of these Terms and Conditions constitutes consent to the issuance and delivery of invoices in electronic form.

2. The governing law shall be Polish law. Any disputes arising between the Customer and the Seller shall be resolved by the court having jurisdiction over the Seller’s registered office, with the reservation that with regard to Consumers such disputes shall be examined by the court having jurisdiction pursuant to the provisions of civil procedure. These Terms and Conditions are subject to Polish law and shall be interpreted in accordance therewith. These Terms and Conditions do not limit any consumer protection rights that may be vested in the user under mandatory provisions of the law of the country of their residence.

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