Regulations of the online store B2B.GEKO.PL

I. General Provisions

§ 1
The online store https://b2b.geko.pl (hereinafter referred to as the Store) is operated by GEKO Spółka z ograniczoną odpowiedzialnością Sp.k., 97-500 Kietlin, NIP: 7722420459 (hereinafter referred to as GEKO).
§ 2
The Store's activity involves the sale of goods listed in the current assortment offered by GEKO to entrepreneurs conducting business activities who have declared their intention to make purchases through the Store in any form. Due to the specialized nature of the products offered, the Store does not engage in retail sales; only entrepreneurs and institutions can be customers of the store.
§ 3
The assortment of the Store (goods with specified prices) does not constitute an offer within the meaning of the civil code regulations but an invitation to agree within the meaning of Article 71 of the civil code. Placing an order by the Customer constitutes an offer by the customer, which requires acceptance by the Store.
§ 4
Placing an order is equivalent to accepting the provisions of these Regulations.

II. Terms of Purchase

§ 1
The Store is designed for making purchases (concluding sales agreements between GEKO and the Customer) via the Internet (https protocol). Technical requirements: to make a purchase, it is necessary to have an internet browser (in the latest version released by the software manufacturer), an active email address, and a mailbox allowing correspondence with the store.
§ 2
Only persons conducting business activities, who have expressed a willingness to conclude sales agreements through the Store and to whom GEKO has assigned an account in the Store (assigning a username, login, and password), are authorized to make purchases in the Store. Polish law applies to the performance of the contract. The customer is responsible for providing identifying data in the Store to third parties, especially for placing orders by such persons.
§ 3
The basic condition for the implementation of orders is the correct completion of the order form and its submission to the Store. A necessary condition for order fulfilment is the registration of the Customer in the Store available at the address specified in § 1 and the current data of the Customer.
§ 4
The acceptance of each placed order by the Store is confirmed by email and through information displayed in the Store's system. The acceptance of the order is equivalent to the conclusion of a sales agreement. GEKO is not responsible for defects in the transmission of email confirmations caused by factors beyond their control (e.g., failures of mail servers, internet connections, force majeure).
§ 5
By sending an order from the Store's website, the Customer declares that they have read the content of these Regulations and undertakes to comply with them. In case of non-compliance with the provisions of the Regulations, the Store is entitled to cancel the placed order without any consequences.
§ 6
The Store accepts orders 24 hours a day, every day of the year. Orders placed on Sundays and holidays are processed on the next business day. The customer can order goods available in the Store with the specified specifications.
§ 7
The Store reserves the right to reject incorrectly or incompletely filled order forms. The ordering party may make corrections to the order only until the confirmation of its execution and only to the extent permitted by the system. Orders confirmed cannot be cancelled without the consent of GEKO.
§ 8
All prices listed in the Store are expressed in Polish zlotys (PLN). Prices are given in net values (excluding VAT) and gross values (including VAT). Transactions are made in Polish zlotys. The Store reserves the right to change prices. In such cases, the Store undertakes to inform the Customer immediately about the situation. In case of non-acceptance of the new price, the order for a specific product will not be processed, and the agreement is considered not concluded. In exceptional cases, the Store has the right to change the price for orders being processed, which have already been confirmed (accepted) by confirming the order fulfillment.
§ 9
The Store issues a sales document in the form of a VAT invoice. Placing an order is equivalent to authorizing GEKO to issue a VAT invoice for the purchased goods without the recipient's signature.

III. Personal Data

§ 1
Customer's personal data: name, surname, company, registered office address, shipping address, email address, and contact phone number are entered into the sales system when the Customer expresses the intention to make purchases through the Store. The customer is obliged to verify the correctness of the data and report any irregularities.
§ 2
The Customer may consent to the processing of personal data for marketing purposes. The lack of such consent does not affect the obligation to fulfil the order by the Store.
§3
PERSONAL DATA PROTECTION - RODO Information Clause
1. Personal data of Customers using the B2B platform of GEKO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA will be processed by the Administrator of personal data.
2. The Administrator of personal data is GEKO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, with its registered office in Kietlin (97-500 Radomsko), ul. Spacerowa 3, NIP 772-24-20-459, REGON 3844981078.
3. The Administrator processes the following categories of personal data of Customers: company name, company registration data (address, tax identification number), and shipping data (company name, name and surname, address, telephone number), as well as other data included on the Customer's stamp placed on the order form.
4. Personal data will be processed in connection with placing an order by the Customer, based on art. 6 sec. 1 point b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR).
5. Customer's personal data will be processed: a. for order fulfilment - based on art. 6 sec. 1 point b) GDPR, b. to fulfil the Administrator's legal obligation, i.e., the obligation to keep accounting documents - based on art. 6 sec. 1 point c) GDPR in connection with art. 74 sec. 2 point 4 of the Accounting Act.
6. Personal data will be stored for the period: a) for order fulfilment - until all activities related to its organization are completed, b) to fulfil the legal obligation, i.e., the obligation to keep accounting documents - for 5 years from the beginning of the fiscal year following the fiscal year in which the operations, transactions, and proceedings were finally completed, paid, settled, or expired, c) in the case of a complaint - until its consideration, and to store accounting documents - for 1 year from the date of complaint consideration d) to pursue or defend claims arising from the conduct of promotions - until these claims become time-barred.
7. For the purpose and to the extent necessary to fulfil orders, the recipients of the Customer's personal data will be companies cooperating with the Administrator of data in the field of IT services, law firms providing legal services to the Administrator, entities providing audit services for the Administrator, courier or transport companies cooperating with the Administrator.
8. The Customer has the right to request access to the content of their data and the right to rectify, delete, and limit processing, the right to obtain a copy of the data and the right to transfer data, as well as the right to request the limitation of processing.
9. The Administrator of data informs that, in the legally justified interest, the Customer's data will also be processed as part of direct marketing. The Customer has the right to object at any time to the processing of their personal data for the purposes of such marketing.
10. The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection if they believe that the processing of their personal data violates the provisions of the GDPR.

IV. Payments

§ 1
The payment term is individually agreed upon with each customer. Information on the payment method is included in the VAT invoice. The Store accepts payments made by bank transfer to the store's bank account specified in the VAT invoice. The payment title should include the invoice number. The Store may:
suspend the execution of the order (orders),
• block the possibility of making purchases by the Customer in case of delay in payment settlement or exceeding the credit limit set by GEKO.

§ 2
The Store does not support payments by bank transfer through transactional service providers.

V. Terms of Order Delivery

§ 1
Delivery will be made according to the agreed deadline with the Store's service.
§ 2
At the time of receiving the shipment, the Customer has the right and obligation to check the contents of the package in the presence of the company delivering the shipment. In case of package damage or non-compliance of the goods with the agreement, the Customer is obliged to immediately file a complaint with the person delivering the shipment, and then by phone at +48 44 682 40 04 or by email at geko@geko.pl. Objections regarding the condition of the delivered shipment should be reported to the person delivering the shipment and require drawing up an appropriate complaint protocol. The Customer undertakes to promptly perform the quantitative and qualitative acceptance of each batch of delivered goods, and in the event of finding quantitative or qualitative defects, to report them and file a complaint upon delivery. However, hidden qualitative defects can be reported on the next business day after their discovery, but no later than within seven days from the date of their discovery. A complaint about the lack of quantity can be made only at the time of delivery. Regardless of the above obligations, the Customer is obliged to file a complaint by phone or by email.
§ 3
The agreement concluded with the Store is a distance agreement.
§ 4
The Customer cannot withdraw from the contract unless such right arises from the mandatory provisions of the law.

VI. Availability of Goods

The content of the Store presents the current offer of goods that forms the basis for the Customer's offer. In case of impossibility of order fulfilment, the Store has the right to propose another product to the Customer with the same or similar properties. If the customer agrees, the modified order will be fulfilled. In case of lack of such consent, the Customer will receive a refund of any amounts paid towards a given order, and the Store is not liable for the non-fulfilment of the order.

VII. Complaints and Guarantees

§ 1
The complaint will be considered promptly, no later than within 14 days from the date of its receipt by GEKO. If the complaint is accepted, the product will be replaced with a full-value one, and if this is already impossible (for example, due to the exhaustion of the stock), the Store will offer other products to choose from, and in case of refusal of another product, the Customer will receive a refund of the amount received from the Customer and issue a correction of the VAT invoice. The Customer does not have the right to return the goods without an agreement with the Store.
§ 2
Purchased and delivered goods are covered by the manufacturer's warranty provided with the goods. Warranty in relations between entrepreneurs is excluded.

VIII. Copyrights

§ 1
All photos, designs, drawings, icons, descriptions, and other information contained on the Store's pages are protected by the copyright of the Store or other persons. Any copying, or use of them without the consent of GEKO or another authorized entity is prohibited.

IX. Consent to sending invoices and corrections electronically

§ 1
Acting based on the Regulation of the Minister of Finance of December 17, 2010, on the transmission of invoices in electronic form, principles of their storage, and the mode of making them available to the tax authority or fiscal control authority (Journal of Laws 2010 No. 249, item 1661), the Customer consents to the sending of invoices, duplicates of these invoices, and corrections electronically by GEKO through a) the customer panel in the GEKO online store b) to the email indicated during registration in the online store.
§ 2
The Customer undertakes to accept invoices, duplicates of these invoices, and corrections, referred to in point 1 of this statement in paper form, in case technical or formal obstacles prevent the sending of invoices electronically.
§ 3
In case of a change of email address, the Customer undertakes to inform about the new address in writing.
§ 4
In case of not notifying about the change of the email address, all correspondence sent to the hitherto valid customer account:
a) in the GEKO online store
b) to the email indicated during registration is considered to be properly delivered and has all legal effects.


X. Final Provisions

§ 1
The Store reserves the right to:
• change prices and quantities of goods in the online store offer during the day,
• withdraw individual products from the online store offer,
• introduce new products to the online store offer,
• conduct, change, and cancel promotional campaigns on the online store's website
• implement large orders in separate batches.

§ 2
The data provided as a result of completing the registration form are confidential and will not be disclosed to third parties.
§ 3
Whenever the regulations mention sending correspondence by email, the statement is considered legally effective even if it was made without a certified qualified electronic signature.
§ 4
Matters not regulated by this regulation are governed by the provisions of the Civil Code and other applicable legal provisions. The regulation is subject to Polish law.

The regulation may be changed; the current content of the regulation is available at b2b.geko.pl (Regulations tab). In case of non-acceptance of the changes, the Customer should stop placing orders through the Store, under the penalty of considering that the Customer accepts the Regulation in its new wording.
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