Version 2.0 dated 2021-08-31
I. GENERAL PROVISIONS.
1. The Regulations define the types and conditions for the provision of services to Polish or foreign contractors by the owner of the Obsessive brand, the AMOCARAT Sp. z o. o. company via the Online Wholesale Service at wholesale.obsessive.pl.
2. The Website Regulations define: types, scope and rules for the provision of electronic services, conditions for concluding and terminating contracts for the provision of electronic services, obligations and liability of the Seller, Customer obligations, complaint procedures.
3. The Customer should read the content of these Regulations before using the Website, and also comply with its provisions.
II. TERMS USED IN THESE REGULATIONS SHALL MEAN:
1) Seller – owner of the Obsessive brand, AMOCARAT Sp. z o. o. with its seat in Czaniec, on ul. Królewska 1, entered into the Register of Entrepreneurs kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under KRS number 0000754374 with a share capital of PLN 505,000, fully paid up, NIP: 9372717816.
2) Seller’s contact details: telephone: +48 338453230, fax: +48 338453230 ext.40, mobile: +48 509813033, office e-mail: [email protected], Marketing email: [email protected].
3) Account – a place available to the Customer (registered user) in the Seller’s IT system, through which the Customer enters the data necessary to place an order and conclude a sales contract.
4) Client (User) – a Polish or foreign contractor running a business in accordance with the regulations of the country in which he is established, concluding a Sales Agreement with the Seller in connection with purposes directly related to the business activity, who does not act as a consumer within the meaning of art. 22 (1) of the Civil Code.
5) ICT system (Website) – a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 15 September 2017 - Telecommunications Law (i.e. Journal of Laws of 2021, item 576, as amended), available at the address wholesale.obsessive.pl.
6) Provision of the service by electronic means – performance of a service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the Customer, sent and received using electronic processing devices, including digital compression, and data storage, which is entirely sent, received or transmitted using a telecommunications network within the meaning of the Act of 16 July 2004 - Telecommunications Law.
7) Registration – submitting an offer to the Seller to conclude an Agreement for the provision of electronic services by the Customer by providing personal and registration data using the registration form available on the Website. Registration is completed when the “continue” button is clicked and confirmed by the Seller.
8) Login – Customer's name on the Website.
9) Sales agreement – a sales contract concluded via the Website by the Seller with the Customer based on the regulations for the provision of electronic services, the terms of sale for wholesale customers (available after the Customer’s registration on the Website) and an order placed electronically by the User, confirmed by the Seller.
III. TYPES AND SCOPE OF SERVICES PROVIDED BY THE WEBSITE
1. The provision of Electronic Services for Customers takes place under the conditions specified in the Regulations.
2. The Seller enables the Website content to be viewed and read by the Customers via the Website. In the aforementioned respect, the Website is free of charge for the Customer.
3. It is forbidden for the Customer to use the content available on the Website for commercial purposes. Any copying and sharing of the content available on the Website should take place with the consent of the Seller.
4. The Seller has the right to place advertising content on the Website. They constitute an integral part of the Website.
5. The Seller will make every effort to ensure that the Website functions continuously. The Seller reserves technical breaks (data update, error repair, other maintenance works).
IV. CONDITIONS FOR CONCLUDING CONTRACTS PROVIDED BY THE WEBSITE
1. Technical requirements for cooperation with the ICT system used by the Seller:
a) a computer with internet access,
b) a web browser,
c) enabling cookies and Javascript in the web browser.
2. As part of using the Website, the Customer registers and provides the Seller’s personal and registration data.
3. In order to use the Website, the Customer must accept the provisions of the Regulations and is obliged to comply with them.
4. The customer is obliged to:
a) use the Website in accordance with the Regulations and legal provisions;
b) take all precautions to ensure the safe use of the Website;
c) keep his or her login and password secret and not disclose them to a third party, and not to disclose the Website to which the Customer is logged in to a third party;
d) the password should be changed periodically by the Customer;
e) take all precautions to ensure the safe storage of login and password;
f) ensure the correctness and compliance with the actual state of data entered into the Website;
g) not to disclose data processed on the Website, in particular personal data, to unauthorized persons.
5. The User’s actions on the Website may not violate the law, the Regulations or the rights of third parties. If, as a result of the User’s actions that violate the law, the Regulations, or the rights of third parties, claims are filed with the Seller or court or administrative proceedings are initiated against the Seller, the Customer is obliged, at the Seller’s request, to immediately provide all explanations, documents, and information needed as part of court or administrative proceedings.
V. REGISTRATION
1. The entity performing the Registration is obliged to provide true and current data and update them by modifying the Account settings in the event of their change. The Seller verifies the data provided in accordance with the submitted registration documents attached to the registration form. The Seller is not responsible for the consequences of providing untrue data or their subsequent failure to update them.
2. In order to start the Registration process, click “Create Account” in the New Customer field. In the Registration form, the Customer must provide the required personal and registration data, i.e. e-mail address, first name, last name, company name, tax identification number, street and street number, postal code, city, country, telephone number, fax number (optional), password.
3. The Seller also requires a copy of the company’s registration documents (e.g. a printout from the Register of Entrepreneurs (KRS), a printout from the Central Register and Information on Economic Activity, a certificate of granting the NIP Service, a certificate of granting the REGON Service number). Subsequently, at least one point of sale must be completed with its address or website address where the Customer will sell the goods. Registration documents can be sent to the Seller using the registration form on the Website or by email to [email protected] or by fax to 0048 33 8192827.
4. Registration is complete when the “continue” button is clicked and confirmed by the Seller. Confirmation of registration by the Seller takes place within 48 hours from the moment of completing the registration form or sending the registration documents referred to in paragraph 3 as indicated therein.
5. After completing the Registration, an email will be sent to the email address provided during Registration with information about accepting the offer to conclude an Agreement submitted through Registration or its rejection with justification.
6. The Customer may entrust the Seller’s registration via a route other than electronic. Then, access to the Account takes place after changing the originally set password and expressing consent for the provision of electronic services and obtaining information on the protection of personal data.
VI. ACCOUNT
1. The Customer gains access to the Account after entering the Login and password.
2. If the Customer allows third parties to access his or her Account, the Customer shall be liable for the actions and omissions of these third parties, as for their own actions or omissions.
3. The Client may not have more than one Account.
4. As part of the Account, the Customer receives access to: offers with prices, functionality that allows placing orders, order history, documents and payments, message archive, profile (the ability to change their personal and registration data).
VII. CONCLUDING SALES CONTRACTS
1. The information presented on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a sales contract.
2. The Seller provides a Service consisting in enabling the Customer to place orders.
3. In order to conclude a Sales Agreement, the Customer places an order by selecting the goods in the Website’s offer, in accordance with the prices and discounts resulting from the Terms of Cooperation with Wholesale Customers (available below).
4. The price indicated in the Website’s offer is a net unit price and does not include the cost of shipping the goods.
5. Placing an order takes place only by placing an order, i.e. filling out the order form available on the Website, whereby the moment of placing the order is understood as clicking the “Place an order” button. Beforehand, it is required to fill in the delivery and payment information indicating the payer and the delivery address. Placing an order is equivalent to accepting the Terms and Conditions of Sale for Wholesale Customers.
6. The Seller confirms the conclusion of the Sales Agreement by email after receiving the order.
VIII. TERMINATION OF THE CONTRACT
1. The Contract for the provision of electronic services is concluded for an indefinite period.
2. The Customer may terminate the Agreement at any time by submitting a declaration of termination of the Agreement by sending a declaration by electronic means or by traditional means. The Contract is terminated with effect from the business day following the receipt of the Contract termination by the Seller.
3. The Seller may, for important reasons, in particular if he or she has a reasonable suspicion that the Customer has violated any of the provisions of the Agreement or is using the Website in an illegal manner or in accordance with the Regulations, terminate the Agreement with immediate effect by logging the Customer out of the Website and blocking the Customer Account. Blocking the Customer’s Account means that the Customer loses access to the Website.
4. The Seller may terminate the Agreement with immediate effect by logging the Customer out of the Website and blocking the Customer Account, if the total sum of the Customer’s orders does not exceed PLN 1,000 net in the next 3 months (quarter).
5. The Seller may terminate the Agreement at any time with one month’s notice with effect at the end of the calendar month by submitting a notice of termination in electronic or traditional form.
6. Upon termination of the Agreement, the Website and all its functions are no longer available to the Customer.
IX. COMPLAINT PROCEDURE
1. The Customer may submit a complaint in writing to the Seller’s address or electronically to the Seller’s email address.
2. The complaint should include: the Customer’s symbol enabling his or her identification, specification of the subject of the complaint together with the justification of the reason for its submission, as well as the date and signature of the person submitting the complaint (in the case of written form).
3. The address and email address to which a complaint may be submitted are indicated in Section II, para. 1.
4. The deadline for considering the complaint is 30 business days from the date of its receipt.
5. The response to the complaint is made in the same form in which the complaint was submitted by the Customer.
X. THE SELLER'S RESPONSIBILITY AND THEIR OBLIGATIONS
1. The Seller undertakes to perform the services provided with due diligence,
2. The Seller is not responsible for any unlawful actions of the Customer caused by threats taking place on the Internet.
3. The Seller shall not be liable for damages or losses resulting from improper, illegal or inconsistent with the Regulations use of the Website by the Customer.
4. Actions of the Customer that are considered inconsistent with these Regulations, in particular consist of:
a) not keeping the password secret or disclosing it to a third party;
b) providing the Website to which the Customer is logged in to a third party;
c) breach of the security of data processed as part of the Website, making unauthorized attempts to access the Website and performing other activities aimed at disrupting the proper operation of the Website;
d) entering false, inaccurate, incomplete, or misleading personal data to the Website;
e) providing illegal content.
5. The Customer is solely responsible for disclosing his or her password to others. The Customer is obliged to immediately notify the Seller of any loss or disclosure of the password to a third party, as well as of any breach of the rules set out in these Regulations.
6. The Seller reserves that the Website may be temporarily unavailable, in particular in cases where it is necessary to perform technical maintenance works.
7. The Seller is not responsible for technical problems, including delays in data transmission caused by devices belonging to the Customer, as well as devices, IT systems, computer and telecommunications networks belonging to telecommunications network operators or Internet access service providers.
XI. INTELLECTUAL PROPERTY
1. All content on the Website is protected by law.
2. The Customer is prohibited from using these intellectual property rights for purposes other than those specified in the Regulations. The customer bears full responsibility for damage caused to the Seller or other entities.
I. Photographs and copyrights.
a) All photos presenting the Obsessive brand collections are protected by copyright and belong to AMOCARAT Sp. z o. o
b) The photos can only be used for the presentation/promotion of Obsessive underwear, after obtaining prior consent of the Seller.
c) The photos cannot be used for printing without the consent of AMOCARAT Sp. z o. o
d) Photos cannot be modified (e.g. color, background, proportions, etc.).
e) It is prohibited to share the photos with other entities without the consent of the Seller.
II. Sharing photos in print quality.
a) Print-quality photos are made available only to Customers who have placed and paid for at least one order.
b) The consent to use the photos for printing is granted after the Seller evaluates the purpose and method of using the photo.
c) The photos may only be used to present the Obsessive brand for the purpose and in a manner previously approved by the Seller.
d) Before making the photo available, the Seller must receive the exhibition design for approval and information on what medium (leaflet, poster, etc.) the Customer will present the photo. Web-quality photos can be used to prepare the project.
e) The project (and then the finished advertising material) must bear the Obsessive logo.
f) The project should be sent to [email protected].
g) The photo is made available only after approval of the project.
h) The shared photo cannot be used in another project without the consent of the Seller.
III. Using the “Obsessive” name.
a) It is forbidden to use the name “Obsessive” in the company name and in the Internet domain or social media (e.g. on Facebook, Instagram, etc.).
b) It is also forbidden to use names directly referring to “Obsessive”, ones which are similar and likely to mislead third parties.
XII. PERSONAL DATA PROTECTION
1. The Seller is the administrator of the Customer’s personal data.
2. Personal data will be processed in accordance with applicable law, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC.
3. Detailed rules for the protection of Personal Data are set out in the Privacy Policy and the information clause.
XIII. ADDITIONAL INFORMATION
1. These Regulations are effective starting August 31, 2021.
2. The Regulations are made available to Clients free of charge via the Website. The Customer can download, save and print them.
3. In matters not covered by these Regulations, the following provisions shall apply: the Civil Code of April 23, 1964 (Journal of Laws 2020, 1740, i.e. of 2020.10.08, as amended), the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2020.344, i.e. of 2020.03.03, as amended), the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws 2021.1062, i.e. of 2021.06.14, as amended). d.) and other relevant provisions of Polish law.
4. Any disputes arising from the sales contract concluded on the basis of these Regulations are subject to the jurisdiction of Polish courts. The competent court to settle any disputes arising from the performance, interpretation, termination of the above-mentioned contracts and the mutual rights and obligations of the parties to the contract is the local and factual common court according to the seat of the Seller.