§ 1 Definitions
1. Organizer - Ceramika Paradyż Sp. z.o.o. established in Opoczno, ul. Piotrkowska 61, 26 - 300 Opoczno, entered in the Register of Companies kept by the District Court for Lodz - City Center in Lodz, XX Commercial Division of the National Court Register under number KRS 125109,
2. Dealer - Entrepreneur constantly cooperating with organizer under the dealership agreement
3. PSD - (retailer) - entrepreneur linked by cooperation agreements with dealers, offering goods to final customers
4. Participant - Dealer or PSD
5. Goods - All products offered by the Organizer according to its economic activity
6. Account - conducted for the Participant on the Organizer’s server under the name compatible with the wording of the login account which is a collection of resources, in which the Participant data collection and information about its activities within the Platform.
7. Regulations - the Terms of Sale.
8. Platform - the online B2B platform in which the Organizer sells the Goods.
§ 2 Access to the Platform
1. A Participant being the Dealer obtains access to the Platform after registration.
2. In order to register Participant being the Dealer gives Organizer following data:
a) The full name of the company
b) Tax number
d) Full name of contact person
e) The full contact details (phone number, address)
To the platform can be registered only the client for whom there is a record in the contract allowing ordering by e-mail.
3. After the registration Organizer grants to any Participant being the Dealer unique username and password using which it is possible to log on to the platform.
4. PSD is registered on the Platform only on request of the Participant being the Dealer. Par. 2, point 2 shall apply accordingly. Registration takes place on the basis of fulfilment by the PSD the application form to the Platform, sent to him by the dealer.
5. The platform is available at: www.platforma.paradyz.com.pl
§ 3 Sales
1. Offers and price lists located on the Platform does not constitute an offer within the meaning of. 66 § 1 of the Civil Code.
2. A Participant may make purchases via the User Account.
2.1. Organizer offers Participants the goods in the form of sales to dealers, sales for the PSD, auctions and sales to dealers as 'special offer' and 'offer of the day' for Dealers and PSD.
2.2. Sales for the PSD is possible through a Dealer selected by the PSD at the time of logging in
2.3. Prices for PSD include an individual margin of the Dealer's fixed for a given PSD
2.4. The dealer is able, from his account on the platform, to self-determinate the margin for cooperating PSD
2.5. PSD can be assigned to several dealers
2.6. Assigning PSD to the dealer is succeeded by filling in by PSD the application form sent by the Dealer.
3. Sales to Dealers:
3.1. In order to purchase goods dealer places an order by selecting "Add to Cart." If, within 30 minutes without activity dealer has not completed the sales procedure, the order shall be deemed void.
3.2. Each order placed through the platform is both confirmed and communicated for implementation.
3.3. Confirmation of the order means the contract of sales of goods between the Organizer and the Dealer at a price specified in the order.
4. Sales for the PSD
4.1. In order to purchase goods PSD places an order by selecting "Add to Cart." If, within 30 minutes without activity of the PSD has not completed the sales procedure, the order shall be deemed void.
4.2. After completing the sales on the e-mail address of the Dealer selected while logging to site, cooperating with the PSD, there will be sent a message containing an accurate description of the goods ordered by the PSD with the quantity and price to confirm the order made by the PSD. Confirmation occurs when you click on the link provided in the email with order confirmation or directly on the Internet Sales Platform (My Account -> Orders> Orders from the PSD). If the dealer does not confirm the order within 1 hour of sending an e-mail it shall be cancelled.
4.3. The confirmation of the order by the relevant Dealer shall mean the conclusion of the sales contract between the Organizer and the relevant Dealer in quantity and type specified in an order made by the PSD at the price specified in the message sent by the Organizer to the dealer.
Dealer’s Acceptance of the order placed by the PSD means the conclusion of the sales contract between the Dealer and the PSD of goods in quantity and type specified in the order made by the PSD via the Platform with the Organiser at the price not higher than specified in the message sent by the Organizer.
5. Auction Sales for Dealers
5.1. Within the auction sales, Dealer bids the goods auctioned by the Organizer making an offer to buy, determining the amount that he is ready to buy and the price (price per unit) he is prepared to pay for the goods.
5.2. The Organizer sets a minimum price for goods offered for sale.
5.3. Each time the Organizer sets the minimum amount for goods offered for sale.
5.4. The goods are sold to a dealer who offered the highest price at the end of the auction. Once the auction ends, choosing the dealer, who offered the highest price, there is a contract of sales of the goods put up for auction between the organizer and Dealer, at the price offered by the dealer. The mechanism allows several winners of the auction, which means, all dealers for which within the available range it was possible to implement a complex contract in the auction mode.
5.5. If the winner/s of the auction did not bet the whole range of the goods offered for sale, other dealers have the opportunity to buy the available amount of goods, at the original auction price that cannot be higher than indicated in the auction. In this situation, the Organizer shall immediately notify the dealer about this possibility. The dealer is required within 1 hour to confirm the offer made in the original auction. The algorithm works until the stocks given for auction last or the lack of bidders.
5.6. Auction sales for the Dealer allows the Dealer the immediate purchase of the Goods by using the "Buy Now" option for a predetermined price, given by the Organizer. In such situation, when the option "Buy Now" is used there comes to the conclusion of the sales contract of the goods between the Organizer and Dealer at a price determined by the Organizer in the option "Buy Now".
5.7. Goods purchased through the option "Buy Now" automatically reduce the quantity available for auctioning,
5.8. The organizer has the right to cancel the auction listing, both during and before without giving any reason. Participants in the auction will be notified of this fact via e-mail.
6. Sales of “special offers” and “offer of the day” (without cart)
6.1. Participants may purchase the “special offers” and “offers of the day” of goods, which appears on the Platform as a special advertising tabs
6.2. In order to purchase Participant uses the option "Buy Now".
6.3. When the option "Buy Now" is used there comes to the conclusion of the sales contract of the goods between the Organizer and Participant at a price determined by the Organizer in the option "Buy Now". However, the effectiveness of the contract between the Organiser and Participant being a PSD it is necessary to approve the agreement by the relevant Dealer. For this purpose, the Organizer sends an e-mail to the appropriate Dealer cooperating with the PSD asking for the confirmation of the contract.
7. The transportation of goods purchased through the Internet Sales Platform.
Shipping of the goods purchased via the Internet Sales Platform takes place on the same basis as for the purchase of goods in traditional way which means, according to the provisions of the contract between the Dealer - the Client and the Paradyż Group.
§ 4 Quality Assurance
1. The manufacturer provides a guarantee of products quality traded via the Internet Sales Platform as on general terms of sale used in traditional sales of Paradyż Group.
2. Manufacturer’s complaints handling is based on the relevant provisions of the Civil Code (in relation to sales between entrepreneurs - Civil Code provisions relating to warranty and guarantee art.556 KC-581, in relation to consumer sales of the Act of 27 July 2002 on special conditions of Consumer Sales and amending the Civil Code - DZ. U. Nr 141, poz. 1176)
3. Terms and procedures of the guarantee are specified in the guarantee document available on the manufacturer's website and at retail outlets (PSD).
§ 5 Final provisions
1. Creating an account by a Participant means acceptance of these Regulations.
2. Any disputes related to the transactions of sales of the goods by using the Platform will be settled by a court appropriate in the subject matter and locality to the seat of the Organiser.