Terms and Conditions

Regulations

Regulations of sales on the wholesale platform located at www.elaviab2b.eu of 18th March 2021

1. Definitions

The terms used in the Regulations shall mean:

1. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, conducting business and purchasing goods in connection with the conducted business or professional activity.
2. Seller and Wholesale Platform Administrator: Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201
3. Civil Code - the Act of April 23, 1964. (Journal of Laws No. 16, item 93 as amended);
4. Terms and Conditions - these Terms and Conditions for the provision of electronic services and determining the conditions of wholesale concluded with Customers.
5. Wholesale Platform - the website available at www.elaviab2b.eu through which the Customer can place Orders;
6. Goods- products presented on the Wholesale Platform;
7. Sales Agreement - the contract for the sale of Goods within the meaning of the Civil Code, concluded via the platform at www.elaviab2b.eu run by Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201 and the Customer.
8. Act on providing services by electronic means - Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204 as amended);
9. Order - Customer's declaration of will that aims directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
10. General provisions

2.1 These Regulations define the rules for the use of the wholesale platform available at www.elaviab2b.eu and wholesale conditions.

2.2 These Regulations are the regulations referred to in Article 8 of the Act on electronic provision of services.

2.3 The wholesale platform that operates under www.elaviab2b.eu is operated by Elavia B. Bąk and M. Fiuk s. k., with registered office in Piła, Kadetów 4B/14 Street, Tax Identification Number (NIP): PL7642708201 and Business Identification Number (REGON): 521483067. The warehouse is located at Jana Styki 3 Street, 64-920 Piła

2.4 These Regulations define in particular:

1. a) the principles of registration and use of an account within the Platform;
2. b) the terms and conditions for placing Electronic Orders within the Wholesale Platform;
3. c) the principles of concluding Sales Contracts with the use of the services provided within the Wholesale Platform.

P.5 For the purpose of using the Wholesale Platform the Customer shall on its own obtain access to a computer workstation or terminal device with access to the Internet.

2.6 In accordance with applicable law, Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201 reserves the right to limit the provision of services via the Wholesale Platform to natural persons over the age of 18.

2.7 Customers may access these Terms and Conditions at any time through the link on the homepage of the website www.elaviab2b.pl and download and print it.

3. Rules of using the Wholesale Platform

3.1 Only persons registered with the site are allowed to use the Wholesale Platform for the wholesale sale of the goods presented therein.

3.2 The Wholesale Platform reserves the right to limit access to account registration only to entrepreneurs, which will be done on the basis of NIP number in CEIDG or in the Register of Entrepreneurs.

3.3 Registration takes place by completing and accepting the registration form made available on one of the subpages of the Platform.

3.4 Registration is conditional on reading and accepting the Regulations and providing personal data marked as obligatory.

3.5 In order to ensure the security of the transmission of messages and data in connection with the services provided within the Platform, the Wholesale Platform shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data sent on the Internet.

3.6 An account on the Wholesale Platform shall be created for an indefinite period of time, subject to clause 11.1(f).

4. Rules of performing wholesale buying

4.1 The Wholesale Platform located at the address: www.elaviab2b.pl, sells only new products via the Internet and is addressed to Traders who may purchase goods through it, in connection with their business or professional activities.

4.2 The basic condition for the fulfillment of orders is to properly fill out the order form, provide data for shipping or receiving the Goods and sending the order through the mechanisms of the Platform and acceptance of these Regulations. Placing an order without prior registration of an account on the Platform is not possible.

4.3 Placing an Order is an invitation to make an offer. The conclusion of the contract of sale occurs when the Platform confirms the Order in the email message sent to the Customer. The rules regarding the processing of personal data are defined in the Privacy Policy document available on www.elaviab2b.eu 

4.4 The minimum amount of a wholesale order placed through the Platform is 1000 PLN (including VAT).

5. Procedure for the conclusion of a Sales Contract

5.1 In order to conclude a Sales Agreement via the Wholesale Platform, it is necessary to visit the website www.elaviab2b.pl and make a selection of goods, taking subsequent technical actions based on messages displayed to the Customer and information available on the website.

5.2 The selection of ordered goods by the Customer is made by adding them to the cart.

5.3 In the course of placing an Order - until the moment of pressing the button "Order". - The Customer has the possibility to modify the entered data and in the selection of the Goods. For this purpose, the messages displayed to the Customer and the information available on the site shall be followed.

After the Customer using the Wholesale Platform has provided all the necessary data, a summary of the Order shall be displayed. The summary of the Order placed shall contain information regarding:

1. a) the subject of the Order,
2. b) unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
3. c) payment details,
4. d) selected method of delivery,
5. e) delivery time,

5.4 In order to send the Order it is necessary to provide personal data marked as obligatory and to press the button "Order with obligation to pay".

5.5. Sending an Order by the Customer is a statement of intent to conclude with Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201 Sales Agreement, in accordance with the content of the Regulations.

5.6 After submitting the Order, the Customer receives a message containing the final confirmation of all material elements of the Order. The contract is considered concluded at the moment of receiving by the Customer the e-mail mentioned above. The contract of sale is concluded in the Polish language, in accordance with the Regulations.

5.7 Fixing, securing, making available and confirming to the Customer the important provisions of the Contract of sale of the Goods shall take place by sending to the Customer at the email address provided above and by attaching to the package containing the Goods the Order specification and a VAT invoice.

5.8 In case of lack of any goods from the order, the Customer will be informed by the Platform www.elaviab2b.pl about this fact before sending the order (change of the order status to sent), and in case the Customer has already made the payment, it will be refunded within 7 working days.

In case of significant (14 days) extension of the delivery time declared by elaviab2b.pl, the Customer has the right to cancel part or all of the order.

5.9.The platform elaviab2b.pl can refuse to process the order in case of inability to confirm it, incorrect contact details, lack of payment or permanent lack of goods. In this case, the platform informs the customer by phone or e-mail using the data provided by the customer in the order form.

6. Prices and method of payment

6.1 The prices of the Goods displayed on the Platform after the registration of the account are net prices (excluding VAT), in Polish zloty, excluding delivery costs of the Goods.

6.2 The final (final) amount payable by the Customer consists of the price of the Merchandise and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed in the process of placing the Order.

6.3 The Customer may pay for the Order:

1. a) by bank transfer to the bank account number of Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201: PL66 1050 1911 1000 0090 3274 2661 ING S.A.

6.4 In the case of payment by bank transfer, the Customer is obliged to make payment within 7 calendar days from the date of placing an Order on the Wholesale Platform and receiving an invoice to the email address, otherwise the order will be cancelled.

7. Delivery

7.1 Delivery of the Goods is made to the address indicated by the Customer in the course of placing the Order. Delivery is possible to the countries of the European Union and third countries, specified in the description of the Goods.

7.2 The ordered goods are delivered to the customer through a courier company.

7.3 Delivery costs will be indicated during placing an Order.

7.4 For purchases of a value exceeding 8000 EUR gross the Seller offers free transportation in European Union.

7.5. The beginning of the execution of the Order is counted from the date of crediting the transfer for the Order on the Seller's bank account, unless a deferred payment period has been provided, in which case the beginning of the execution of the Order will be counted from the date of its submission.

7.6 The deadline for receipt of the parcel = order processing time + delivery time.

7.7. On the Platform, the delivery time is indicated next to each product. This is the time that elapses from the moment the order is placed until the moment the parcel is dispatched from the Platform, taking into account only working days. If the order includes goods with different delivery times, the longest time shall be used to calculate the delivery time. If the customer chooses to pay by bank transfer or credit card, the delivery time is calculated from the date of crediting the Seller's bank account or settlement account.

7.8. delivery time depends on the method of delivery chosen by the Customer when placing an order and the country of delivery and ranges from 1 to 5 working days (delivery in the Republic of Poland) or from 7 to 14 working days (delivery in the EU and the UK). Delivery time is specified in the description of each Goods.

7.9 The Seller shall indicate that:

1) at the moment of release of the Product to the Client or the carrier, the benefits and burdens associated with the Goods and the danger of accidental loss or damage to the Goods shall pass to the Client.

2) acceptance of shipment of the Goods by the Client without reservations causes expiration of claims for loss or damage in transit, unless:

1. a) the damage has been ascertained by protocol before acceptance of the consignment;
2. b) such determination was omitted due to the fault of the carrier;
3. c) the loss or damage was caused by intentional fault or gross negligence of the carrier;
4. d) damage that is not outwardly noticeable has been noticed by an authorized person after the acceptance of a consignment and within 7 days he/she has requested to determine its condition and has proven that the damage occurred between the acceptance of the consignment for transport and its delivery.

3)  Client is obliged to check and confirm with its own signature that the Goods received are consistent with the order in terms of quantity and quality in the document handed over to the employee delivering the goods. If at the time of collection of the Goods to be transported by the Seller from the carrier, the Client finds any difference between the Goods actually delivered and the Goods specified in the shipping documents, or finds any damage to the Goods, it shall enter its reservations in the consignment note or in the goods specification and promptly notify the Seller and the carrier thereof. Such endorsement should be certified by the carrier's driver.

8. Complaints concerning the Goods

8.1 Pursuant to Article. 558 of the Civil Code the Parties exclude the possibility of exercising by the Customer the rights under warranty for physical defects of goods.

8.2 If after receiving the Goods it turns out that they are inconsistent with the order or there are Buyer's objections as to their quality the Customer should make a complaint and send it to the e-mail address hurt@elavia.eu and follow the guidelines of the Seller. Possible return of goods - should be made by courier service to the address: Elavia s. k., Jana Styki 3, 64-920 Piła. The cost of return is covered by the Customer.

8.3 The above complaints are considered only if they are reported within 2 working days of receipt of delivery by the Customer. We reserve the right to consider the complaint within 14 days of receipt of the complaint by the Seller.

9. Complaints about the provision of electronic services

9.1 Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201 shall take steps to ensure the full proper functioning of the Platform, to the extent resulting from current technical knowledge, and agrees to remove any irregularities reported by customers within a reasonable time.

9.2 The Customer shall immediately notify Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201 of any irregularities or interruptions in the functioning of the service of the Wholesale Platform.

9.3 The Customer may report irregularities related to the functioning of the Platform in writing to the address: Elavia s. k. ul. Jana Styki 3 64-920 Piła NIP PL7642708201, email to wholesale@elavia.eu.

9.4 In the complaint, the Customer shall provide their name and surname, correspondence address, type and date of irregularity related to the functioning of the Platform.

9.5 Elavia B. Bąk and M. Fiuk s. k., Kadetów 4B/14, 64-920 Piła, VAT number: PL7642708201 undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.

10. Responsibilities

10.1 The platform administrator shall take actions in order to ensure fully correct operation of the service to the extent resulting from the current technical knowledge, and undertakes to remove all irregularities reported by the Customers within a reasonable time.

10.1 The platform administrator undertakes, to the extent possible, to inform the Users in advance about possible disruptions in the functioning of the service, in particular about interruptions in access.

10.3 The platform administrator is not responsible towards the Customers who are not consumers:

• for any damages and losses, directly or indirectly (including damages due to loss of business profits, business interruption or loss of business information and other damages of a property nature), arising from the use, inability to use or malfunction of the software of the service, damages arising from the shutdown or failure of the ICT system, power grid failure
• in connection with improper use of the service by the Customer who is not a Consumer and improper functioning of computer equipment, computer software or communication system by means of which the User connects to the service system,
• for possible damages resulting from errors, failures and interruptions in the functioning of the service or caused by incorrect recording or reading of the data downloaded by Clients,
• for interruptions in the proper functioning of the service, as well as loss of data of Clients who are not Consumers arising as a result of force majeure or third parties,
• for third parties' actions involving the use of data and materials placed on the website contrary to the generally applicable law or the Terms of Service.

11 Obligations of the Customer

11.1 The Customer is obligated in particular to:

1. a) not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, defames or violates the personal interests and other rights of third parties,
2. b) to use the Platform in a manner which does not impede its functioning, in particular through the use of specific software (e.g. scanners for offers and prices) or other devices,
3. c) use the Platform in a manner not disruptive to other clients and the Seller,
4. d) to use any content posted within the Platform only for their own personal use,
5. e) use of the Platform in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Regulations, as well as with the general principles of use of the Internet.
6. f) an account in the service is free of charge and concluded for an indefinite period of time, however, the condition of maintaining an active account is placing at least one order within a three-month period. Persons logging in only to check prices and not placing orders will not have a maintained account on the platform. After 3 months from registration or making the last order, the Administrator will inform the Customer about account deletion due to lack of the required number of orders.

11.2 The Platform Administrator may terminate the Customer's right to use the service, as well as restrict the Customer's access to part or all of the Platform's resources, with immediate effect, if the Customer violates the Terms and Conditions, and in particular if the Customer:

1. a) has provided, during registration on the Platform, data that is untrue, inaccurate or outdated, misleading or infringing the rights of third parties,
2. b) commits other behaviours which are deemed to be in breach of current legislation or general principles of Internet use, or detrimental to the good name of the Platform or the Vendor,
3. c) commits without permission and prior consent: copying, reproducing or exploiting the content of the Wholesale Platform.

11.3 The Customer has the right to delete their account on the Platform by directing such a request in an email to: wholesale@elavia.eu

12. Final provisions

12.1 Contracts of sale and agreements to provide services by electronic means concluded via the Platform shall be governed by Polish law and shall be subject to the jurisdiction of the Polish courts.

12.2 In matters not covered by these Regulations, the provisions of the Civil Code, as well as the Act on the provision of services by electronic means shall apply.

12.3 The Platform Administrator reserves the right to make changes to the Regulations for important reasons, such as: changes to the law; changes to methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Regulations.

12.4 In the case of conclusion of continuous agreements on the basis of the Regulations (e.g. service of the Customer's Account on the Platform), the amended Regulations shall be binding upon the Customer if the requirements specified in articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly informed of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Regulations would result in the introduction of any new fees or an increase in current fees, the Customer has the right to withdraw from the contract.

12.5 In the case of conclusion of contracts on the basis of these Regulations other than continuous contracts (e.g. contract for the sale of Goods), amendments to the Regulations shall in no way affect the rights acquired by the Customers before the effective date of amendments to the Regulations, in particular, amendments to the Regulations shall not affect orders already placed or submitted and sales contracts concluded, executed or performed.

12.6 Regulations are valid from 18.03.2021.