Statute
These Regulations define the general conditions, rules and method of sales conducted by the Seller via the B2B abstore Platform (hereinafter referred to as: “B2B Wholesale Platform”) and define the rules and conditions for the provision of free electronic services by the Seller.
§ 1 Definitions
1. Working days – means days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
3. Supplier – means a courier company with which the Seller cooperates in the delivery of Goods.
4. Password – means a string of letters, digits or other characters selected by the Customer, used to secure access to the Customer Account on the B2B Wholesale Platform. The password is set by the Customer when registering the Customer on the B2B Wholesale Platform.
5. Customer – a natural person, legal person or an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf.
6. Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller.
7. Login – means an individual Customer designation, e-mail address, consisting of a string of letters, digits or other characters, required together with the Password to log in to the Customer Account on the B2B Wholesale Platform.
8. Regulations – means these regulations of the B2B Wholesale Platform.
9. Registration – means an actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the B2B Wholesale Platform.
10. Seller – means the company Moderni forma, MB with its registered office in Lithuania, Rasos g. 3-80 LT-78183, Šiauliai, registered in the Lithuanian Register Center under number 304719747, whose registration files are kept in the registry center of Lithuania, e-mail: info@modforma.eu , which is also the owner of the B2B Wholesale Platform.
11. Website of the B2B Wholesale Platform – means the websites under which the Seller runs the B2B Platform, operating in the Modforma.eu domain
12. Goods – means a product presented by the Seller via the B2B Platform Website.
13. 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 Wholesale Platform, including proprietary copyrights, intellectual property rights to its name, Internet domain, B2B Wholesale Platform Website, as well as patterns, forms, logos belong to the Seller, and they may be used only in a manner specified and in accordance with the Regulations.
2. The B2B Wholesale Platform is made available by the Seller via the Internet and the B2B Wholesale Platform Website, as a resource of the ICT and IT system.
§ 3 Using the B2B Wholesale Platform
1. Using the B2B Wholesale Platform means any activity of the Customer that leads to reading the content contained on the B2B Wholesale Platform Website, subject to the provisions of §4 of the Regulations.
2. The B2B Wholesale Platform may be used only 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 Wholesale Platform is possible for Customers using 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 variant of the configuration of electronic equipment owned by the Customer will enable the use of the B2B Wholesale Platform. The minimum technical requirements enabling the use of the B2B Wholesale Platform Websites, subject to the previous sentence, are a web browser with Javascript enabled and accepting cookies.
4. In order to place an order on the B2B Wholesale Platform and to use the Services available on its pages, it is necessary for the Customer to have an active e-mail account and to run a business.
5. The customer is entitled to use the resources of the B2B Wholesale Platform only for his own use. It is not allowed to use the resources and functions of the B2B Wholesale Platform for the purpose of conducting activities by the Customer that would violate the Seller’s interest.
6. The Seller declares that the public nature of the Internet and the use of services provided electronically 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, Customers should use antivirus programs and programs that protect the identity of those using the Internet.
§ 4 Registration
1. In order to create a Customer Account, the Customer notifies the Seller of his willingness to join the B2B Wholesale Platform.
2. Registration is necessary for Customers to place orders on the B2B Wholesale Platform.
3. In order to register, the Customer completes the registration form received electronically.
4. The registration form is completed in accordance with the following rules:
a. The customer should fill in all the fields of the registration form, unless the field is marked as optional;
b. The information entered into the registration form should concern only the Customer and be true, with the Customer being the person responsible for the accuracy of the information entered into the registration form;
c. The Customer should read the Regulations;
d. The customer should agree to the processing of his personal data contained in the registration form in order to provide services to him, while the customer has the right to access his data and correct and delete it.
5. Sending the completed registration form is tantamount to:
a. acknowledgment and acceptance by the Customer of the provisions of the Regulations;
b. concluding a contract for the provision of services by the Seller in the form of maintaining a Customer Account;
c. authorizing the Seller to process the Customer’s personal data contained in the registration form in order to provide the service of maintaining the Customer Account and consenting to the transfer by the Seller to the e-mail address provided by the Customer during Registration, information related to the technical service of the Customer Account;
d. agreeing to receive VAT invoices in electronic form.
6. It is forbidden for the Customer to provide illegal content and use the services offered by the Seller via the B2B Wholesale Platform in a manner contrary to the law, decency, infringing the personal rights of third parties or the legitimate interests of the Seller.
7. 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 a suspicion that the Password was 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 such a situation, the Customer will receive information by e-mail to the indicated e-mail address about the need to set a new Password.
8. The Seller creates and implements protection against unauthorized use, reproduction or dissemination of the content contained on the B2B Platform Website. If the Seller applies the above safeguards, the Customers undertake to refrain from any actions aimed at removing or circumventing such safeguards or solutions.
§ 5 Orders, payment and execution of orders
1. The information contained on the Website of the B2B Wholesale Platform does not constitute an offer of the Seller, but only an invitation to conclude a contract and is addressed only to Customers conducting business activity.
2. The Customer may place orders on the B2B Wholesale Platform for 7 (seven) days a week and 24 (twenty-four) hours a day via the B2B Wholesale Platform Website.
3. The Customer completes the order by selecting the Goods he is interested in, specifying its quantity next to the given Goods and by selecting the “Add to basket” command, he adds it to the “CART”. After completing the entire order and selecting the “next” command in “Your basket”, the Customer completes the form with the Delivery address. After specifying the Delivery address, the Customer selects the method of Delivery and payment. Then, after selecting the “next” command, the Customer goes to the summary of the order with the specified total cost of the entire order with all additional costs resulting from previous choices. To submit an order, select “Place an order with the obligation to pay”.
4. Placing an order constitutes an offer by the Customer to the Seller to conclude a contract for the sale of the Goods being the subject of the order.
5. After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer. Confirmation of acceptance of the order is the Seller’s declaration of acceptance of the offer referred to in §5 sec. 4 above.
6. Based on the order placed, the Seller verifies the availability of the Goods ordered by the Customer on the B2B Wholesale Platform.
7. In the absence of the ordered Goods on the B2B Wholesale Platform or the inability to fulfill the Customer’s order 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 shall inform the Customer by e-mail or telephone about the circumstances.
8. If the execution of the order turns out to be impossible, the Seller may offer the Customer:
a. canceling the entire order (choosing this option by the Customer releases the Seller from the obligation to complete the order);
b. canceling 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 execution of the order to the extent that it is not possible)
c. splitting the order and specifying the order completion date in the part that is not initially possible (if this option is selected by the Customer, the Delivery will be made in separate shipments, and the Customer will not incur additional Delivery costs related to splitting the order).
9. In the absence of the ordered Goods or the inability to fulfill the Customer’s order for other reasons, in particular in the event of the Seller’s inability to obtain the ordered Goods, the order will be carried out without the missing Goods or will be cancelled.
10. The Seller reserves the right to withdraw from the sales contract within 14 days of its conclusion in the event that it was concluded during a faulty functioning of the IT system of the B2B Wholesale Platform, including the B2B Wholesale Platform Website, in particular in the event of incorrect prices being displayed on the website, or product descriptions.
11. In the case of 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 section 15 below.
12. Prices on the Website of the B2B Wholesale Platform placed next to a given Good:
a. are net prices (excluding VAT) and gross prices (including VAT) and are specified in euros;
b. they do not contain information on the costs of Delivery, about which the Customer will be informed after placing the order.
13. The final price binding the parties to the sales contract is the price of the Goods contained on the Website of the B2B Wholesale Platform at the time of placing the order by the Customer.
14. The Customer makes the payment for the ordered Goods after receiving the VAT invoice within the period indicated on the invoice by bank transfer to the Seller’s bank account or in the form of a prepayment based on a PRO FORMA invoice. The Seller provides a VAT invoice together with the Delivery of the ordered Goods or in electronic form.
15. The Customer may not modify the order from the moment of receiving information to the Customer’s e-mail address confirming the acceptance of the order for execution by the Seller. In particular, the changes may concern the scope of the order in question, cancellation of the whole or part of the order, change of the Delivery address, or change of data on the VAT invoice. If the Customer adds new Goods to an order that is already being processed, but before the Seller sends the shipment, it may extend the time of order completion.
16. The ordered Goods are delivered to the Customer via the Supplier, to the address indicated in the order form.
17. The seller sends information to the customer via e-mail about the shipment.
18. The Customer should examine the delivered shipment in time and in the manner accepted for shipments of a given type, in the presence of the Supplier’s employee.
19. The Customer has the right to request the Supplier’s employee to draw up the appropriate protocol in the event of a loss or damage to the shipment.
20. The customer has the option of personal collection of the ordered Goods. Collection can be made at the Seller’s Office on Business Days, during the Office’s working hours.
21. In the absence of the Customer at the address indicated by him, provided when placing the order, as the Delivery address, subject to §5 sec. 20, the Seller will contact the Customer by e-mail or by phone, re-arranging the date and cost of Delivery with the Customer.
§ 6 Complaints and guarantees
1. The Customer has the right to submit a complaint about the Goods within one year from the date of Delivery of the Goods, using the right of warranty, provided that within two months from the date on which he found the defect of the Goods, he notifies the Seller of the defect found.
2. Within 14 (fourteen) days, the Seller will respond to the complaint of the Goods submitted by the Customer and notify him of the further procedure.
3. A prerequisite for considering the complaint of the Goods is the delivery by the Customer of the complained Goods together with the proof of purchase and description of the complaint. The Goods under complaint should be sent to the Seller’s address. Shipping costs to the Seller are covered by the Customer.
4. If the complaint is considered in favor of the Customer, the Seller will repair or replace the advertised product with a full-fledged product or, if the replacement is not possible, return the amount due for the advertised product within 14 (fourteen) days from the date of consideration of the complaint.
5. The rules, procedure and conditions for pursuing claims under the guarantee are specified in the provisions of separate guarantee documents.
6. Customers have the right to submit complaints regarding services provided electronically by the Seller under the conditions set out in paragraph 7-11 below.
7. All complaints are considered by the Seller. The Seller considers complaints submitted by the Customer within 14 days from the date of its receipt from the Customer.
8. The Seller provides on the B2B Wholesale Platform a ready-to-fill complaint protocol, available in the “Download” tab.
9. A correctly submitted complaint should contain at least the following data:
a. precise identification of the Customer (name and surname/company name, address, e-mail address);
b. the subject of the complaint;
c. circumstances justifying the complaint.
10. If the data or information provided in the complaint need to be supplemented before considering the complaint, the Seller may ask the complainant to supplement it in the scope indicated by the Seller.
11. Complaints should be submitted to the e-mail address – reklamacje@lumiqon.pl, with
“complaint” in the subject line. Complaints that do not contain the data listed in par. 3 above will not be considered.
12. The Seller undertakes to immediately notify the Customer of his decision made as a result of considering the complaint via e-mail to the e-mail address provided by him in the complaint.
§ 7 Liability
1. The Seller is entitled to breaks or disruptions in the provision of electronic services and the provision of the B2B Wholesale Platform Websites, 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 shall be liable only in the event of intentional damage and within the limits of the actual losses incurred by the Customer.
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 act or omission for the acts or omissions of persons with whom he performs services provided electronically, as well as persons to whom he entrusts the performance of these services.
4. The Seller shall not be liable for the impossibility or difficulties in using the B2B Wholesale Platform, resulting from reasons attributable to the Customer, in particular for the loss by the Customer or third parties (regardless of the method) of his Password. However, the Seller is liable if the Customer’s loss or third parties’ possession of his Password occurred for reasons attributable to the Seller or reasons for which the Seller is responsible.
5. The Seller shall not be liable for damages caused by the actions or omissions of the Customers, in particular for their use of the B2B Wholesale Platform in a manner inconsistent with applicable law or the Regulations.
6. The sole source of the Seller’s obligations is these Regulations and the mandatory provisions of law.
§ 8 Personal data and cookies
1. The administrator of the 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 executing 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 proviso that failure to provide the data specified in the Regulations in the Registration process, necessary for the purposes of providing the services referred to in the Regulations, 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 possibility of removing personal data from the collection, 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 set 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 an authority or entity authorized to request access to personal data based on the provisions of generally applicable law.
8. The Seller reserves the right to disclose to the companies and websites cooperating with the Seller collective, general statistical summaries concerning Customers. Such lists concern the viewership of the B2B Wholesale Platform Websites and do not contain personal data of the Customers.
9. The Seller uses the mechanism of “cookies”, which, when the Customers use the Websites of the B2B Wholesale Platform, are saved by the Seller’s server on the hard drive of the Customer’s end device.
10. The use of “cookies” is aimed at the correct operation of the B2B Platform Websites on the Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not cause configuration changes in the Customer’s end devices or in the software installed on these devices. “Cookies” are not intended to identify customers.
11. The seller uses the mechanism of “cookies” in order to:
a. remembering information about Customers’ end devices;
b. verification and development of its offer;
c. statistics.
12. Each customer can 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 the B2B Platform Websites.
§ 9 Termination of the contract
(does not apply 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 preservation of the rights acquired by the other Party before the termination of the above. the agreement and provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by submitting a request to delete the Customer Account using any means of remote communication, enabling the Seller to read the Customer’s declaration of will, with the termination of the contract after a notice period of 7 (seven) days .
3. Termination of the contract does not release the Customer from fulfilling its 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 an appropriate declaration of will to the Customer to the e-mail address provided by the Customer during Registration.
§ 10 Final provisions and amendments to the Regulations
1. The Regulations are effective from the date of publication on the Platform’s Website.
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 Wholesale Platform.
3. Terms and conditions may change. Each Customer will be informed about the content of amendments to the Regulations by the Seller by sending information containing a list of changes to the Regulations to the e-mail address indicated by them in the registration form.
4. Notification of the amendment to the Regulations in the manner specified above will take place no later than 7 (seven) Business Days before the introduction of the amended Regulations. If the Customer with a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 7 (seven) days from the date of notification of the change in the Regulations. Lack of acceptance results in termination of the contract in accordance with the provisions of § 10.
5. All orders accepted by the Store for execution before the date of amendment to the Regulations are implemented on the basis of the regulations that were in force on the date of placing the order by the Customer.
6. If any part of the Regulations turns out to be invalid or ineffective in the light of the provisions of applicable law, this part should be interpreted in such a way that it is consistent with the applicable law and reflects the intentions of a given provision as closely as possible. The remaining parts of the Regulations remain in full force and effect.
7. In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Lithuania law.
SELECT LANGUAGE
