Terms and Conditions
List of content:
1. General information
3. Purchase Order submission
4. General terms of sale
5. Rights and obligations of the Parties
6. Forms of payment
7. Complaints procedure
8. Terms of delivery and costs of shipment
9. Data correction, cookies
10. Final provisions
1. General information
1. Online Store available at www.distripark.eu whose owner, administrator and service provider is distripark.com sp. z o.o. with its registered office in Poland, based in Brzeg Dolny at Henryka Sienkiewicza street 4, hereinafter referred to as Seller.
2. These Regulations specify the rules for electronically provided services by Seller and general terms of sales.
3. These terms and conditions shall apply to entrepreneurs doing business within the EU, benefiting from the online store distripark.eu.
4. These Regulations are addressed to both consumers and enterprises that use the Online Store (save for Chapter V of the Regulations, which is addressed to consumers only). These Regulations were prepared in accordance with the law applicable in the Republic of Poland. The Regulations and applicable laws exhaustively regulate the use of the Online Store distripark.com. Text of the Regulations is available on distripark.eu/terms-and-conditions.
5. Provisions different from this Regulations or statutory regulations, in particular, those included in the buyer’s conditions of purchase, are for Seller binding only if they are confirmed in writing by the seller, in accordance with the principles of Buyer representation. Free from reservations delivery, the provision of services, the sale of goods does not imply on the part of Seller to acknowledge any provisions.
1. Seller, Service Provider – distripark.com sp. z o.o. based in Poland, at Henryka Sienkiewicza street 4, 56-120 Brzeg Dolny, entered in the register of entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 9th Economic Division of the National Court Register under the number KRS 0000577507, tax identification number (NIP) 988-029-51-55, statistical number (REGON) 362594789, share capital paid in full: PLN 2,450,000, which is owner and runs the Online Store at www.distripark.eu.
2. Buyer – an entrepreneur with registered office and operating in the EU, who has concluded or intends to conclude a sales agreement with the seller.
3. Online Store (Store) – Online Store available at www.distripark.eu, which is owned by the Seller/ Service Provider.
4. Regulations – these Regulations of the Online Store distripark.eu.
5. Working days – week days Monday through Friday, save for public holidays in Poland.
6. Contract of sale – contract of sale of Goods within the meaning of the Civil Code concluded by and between the Buyer and the Seller via the Online Store.
7. Goods – movables available at the Online Store, being the subject of the transaction of sale.
8. Purchase Order – the Buyer’s statement of will, submitted using the purchase order form and aiming directly at concluding a contract of sale between the Buyer and the Seller.
9. Registration – one-time activity consisting in creating an account by the Buyer using the registration form provided by the Seller on the Store website.
10. User – the Buyer, who may become acquainted with the content available in the Online Store. The User, if intends to buy goods, to have the status of a Registered User.
11. User’s Account – electronic service, a set of resources in the Seller’s IT system – where data provided by the User and information allowing to e.g. purchase goods, track the status of the purchase order are collected – identified with an individual name (login) and password provided by the Store User.
12. Electronic Service – service provided electronically by the Seller for the User via the Online Store.
3. Purchase Order submission
1. The Seller sells goods via the Online Store www.distripark.eu.
2. Services provided electronically on the basis of these Regulations shall consist in using the Online Store – distripark.eu in order to conclude and perform a contract of sale.
3. The contract on the performance of electronically provided services shall be concluded for an unlimited period of time.
4. Purchase orders may be submitted following registration, in the manner defined herein.
5. Orders are carried out on the territory of the EU at the expense of the Buyer, to determined by the Buyer shipping address.
6. Costs of shipment are provided on: distripark.eu/shipping-and-delivery.
7. Registration in the store is free of charge. Following registration, an individual User’s Account shall be created.
8. To register, the User should complete the registration form, available at distripark.eu/customer/account/create/.
9. The condition to create User’s Account is to read and accept the Regulations as well as consent to the processing of personal data.
10. Creation of User’s Account is also a confirmation, that orders made by the Buyer are connected to the business runed by the Buyer.
11. After registration, an activation link shall be sent to the email address provided by the User.
12. Conclusion of the contract on performance of electronically provided services shall be equivalent to submission of the following declarations:
• I have become acquainted with and accepted the provisions of the Regulations constituting the basis of the agreement;
• I voluntarily wish to use the services;
• I meet the conditions defined for Users in the Regulations;
• Data included in the registration form are true and do not violate the rights of third parties;
• I consent to conclude the agreement electronically;
• I consent to processing, collection, registration, storage, preparation, sharing and removal of the User’s personal data by the Seller in the scope essential to provide services electronically, including in the manner defined herein;
• I consent to receive system information, messages from the Seller, information on any failures, changes or technical breaks in the operation of the distripark.com Store, to the mailing data provided in the registration form.
13. The User may terminate the contract on the performance of electronically provided services at any time.
14. Termination of the contract by any of the Parties, as well as its termination upon mutual consent shall be equivalent with removal the User’s Accoun.
15. The Seller may terminate the contract on the performance of electronically provided services if:
• The purpose of registration or the manner of using the services is obviously against the rules and goal of the Store’s operation;
• The User’s activity is against the applicable social norms, calls for violence or committing a crime, or violates the rights of third parties;
• The User grossly or persistently violates the provisions of the Regulations;
• Address details provided by the Buyer raise objectively justified doubts as to their correctness or truthfulness, and such doubts could not have been resolved by way of telephone contact or via email.
16. The statement on termination of the contract on the performance of electronically provided services submitted by the Seller shall be sent to the email address defined in the User’s Account. The termination of the contract on the performance of electronically provided services shall result in permanent removal of the User’s Account. The statement on the termination of the contract on the performance of electronically provided services submitted by the User may be delivered by way of sending it to the contact email address defined in the separate tab of the Store’s website.
17. If the termination was made by the Seller, re-registration shall be possible upon the Seller’s consent.
18. Termination of the contract on the performance of electronically provided services or termination by mutual consent shall not affect the performance of already concluded contracts of sale, unless the parties agree otherwise.
19. The notice period in case of termination by the Seller shall be 14 days, whereas in circumstances listed in item 15 the contract shall be terminated immediately.
4. General terms of sale
1. The Seller conducts the sale of goods presented in the Online Store distripark.com.
2. Parties to the contract of sale concluded directly via the Online Store distripak.eu shall be the Seller and the Buyer.
3. The contract of sale may be concluded with registered User (with the User’s Account)
4. The Seller hereby reserves the right to change prices and withdraw certain goods presented on the Store’s website, at any time. A change of prices or withdrawal of goods shall not apply to purchase order accepted for execution.
5. The Store conducts retail sale and wholesale.
6. The contract of sale shall be concluded by way of submission of a purchase order by the User and its acceptance by the Seller, subject to the provisions of items 11-13.
7. Purchase orders submitted via the website may be placed 24 hours per day all year around. Orders are processed on working days, without undue delay.
8. Submission of a purchase order via the website comprise the following tasks:
• Logging into the User’s Account;
• Selection of goods from among goods presented on the Store’s website;
• Adding goods to the cart;
• Indication of the delivery address if it is different from the one indicated in the User’s Account;
• Clicking on the “Place Order” button;
• Making payment through the PayPal payment operator.
9. Acceptance of the order for realization follows after placing an order in the online store, electronic payment and positive verification of Buyer’s data (specified in placed order) by the Seller.
10. In response to the submitted Purchase Order, the Seller – within 3 business days – shall send an email to the email address provided by the User or make telephone contact in order to:
• Accept the purchase order (offer) – in such case the contract of sale is concluded on the day of submitting the declaration;
• Refuse to accept the purchase order (offer) – in such case, the contract is not concluded;
• Propose changes, i.e. a counter offer – in such case, the User must accept the counter offer for the contract to be concluded.
11. The reasons for a refusal to accept a purchase order or to submit a counter offer may include, in particular: lack of goods in stock or at Online Store supplier’s, providing fictitious data by the Buyer during registration, etc.
12. The counter offer referred to above shall be binding for the Seller for 2 days, after the expiry of which the counter offer shall expire. Acceptance of the counter offer by the User within its term (2 days) shall result in concluding the contract of sale on terms defined in the counter offer.
13. All prices presented on the Store’s website, distripark.eu, are provided in EURO and do not include tax. The VAT rate is 0% or 23% depending on the type of transaction. Provided prices do not include costs of shipment.
14. The distripark.eu Store issues VAT invoices solely for purchased goods.
15. The seller shall only make correction of minor errors on VAT invoice, the total data correction of the Buyer after the order is not possible.
16. The Seller shall make all effort to complete the order immediately.
17. In case of products marked with “Check availability”, the lead time shall be agreed individually for each product.
5. Rights and obligations of the Parties
1. The Seller hereby reserves the right to intervene in the technical structure of the User’s Account in order to diagnose any irregularities in the operation of the Internet Store.
2. The Seller hereby reserves the right to a temporary shutdown of certain functionalities of the Internet Store in order to perform enhancements, add services or conduct maintenance, upon previous notification to registered Users provided sufficiently in advance.
3. The User shall be required to immediately update data provided during registration in case of any change thereof.
4. The User shall be required to maintain in secret and secure the login and the access password to the User’s Account in a manner preventing access of unauthorized parties.
5. The User cannot provide illegal content using the Internet Store.
6. The Seller is not responsible for the failure of the software of online store distripark.eu due to reasons beyond the control of the Seller
7. The Seller may remove or block the user’s account or access to all or part of the services to any user whose actions infringe the interests of the seller or users, in particular, are in conflict with:
• generally applicable law
• the provisions of this Regulation and its Annexes
• good maners, if these actions threaten or affect the interest of the Administrator
• other behavior that will be considered by the Administrator as undesirable behavior, in particular, the behavior of significant strain on either the server or the Administrator links.
8. The Buyer does not have the right to resell goods offered by the Seller to the countries covered by the sanctions of the European Union or international forbidding commercial activities related to goods. In the event of misconduct of this proscription, the Buyer shall pay the seller the contractual penalty in the amount of 10% of the value of the goods delivered. It is allowed for the Seller to claim compensations exceeding the amount of the reserved penalty, the compensation should cover both the real losses incurred by the Seller and the expected lost profits.
9. None of the parties shall be deemed guilty of default if the circumstances of force majeure defined in these Regulations as any external, extraordinary events that the party could not have foreseen, and whose side, despite due diligence, could not have avoided, in particular states of natural disaster (fire, flood, other activities of natural forces) war, riots, strikes, disturbances in supplying the Seller with raw materials, failure of installations or devices, as well as acts of public authorities. A party affected by force majeure should immediately notify the other party about its occurrence and the expected duration.
6. Forms of payment
1. Purchases made at the Store may be paid via PayPal service.
2. The buyer declares that he has read the payment terms offered by PayPal and will apply to them.
3. The seller does not accept traditional transfers, so the User will not receive the account number to which the payment should be made, e.g. at the post office. In exceptional situations, individually considered by the Seller, the Seller may provide the bank account number to the Buyer in order to receive payment from him in the form of a traditional transfer.
4. The Seller will deliver the invoice for the sold product together with the product or will send it to the Buyer in paper or electronic form.
7. Complaints procedure
1. The Buyer is obliged to report quality, quantity, logistic or other complaints to the Seller in writing or by e-mail without delay, however not later than within 7 days from the date of receipt of the goods – under penalty of leaving the complaint without recognizing it and losing all claims by the Buyer due to this, unless the defect comes to light later.
2. In the case of hidden defects of the product sold, the Buyer is obliged to report the defect to the Seller immediately after its detection, however not later than within 7 days from the detection of the defect – under penalty of leaving the complaint without its recognition and loss of any claims by the Buyer, including however, stipulation that the Buyer’s right to declare a defect of a hidden product expires after one year from the date of receipt of the goods.
3. If the complaint is accepted, the parties will agree separately in writing or in electronic form about the manner of satisfying the Buyer’s claims, taking into account the following options: in the case of quality complaints – appropriate reduction of the sale price of the delivered goods or return of goods and delivery instead of defective goods, the same amount of goods free from defects; in the case of quantitative complaints – a reduction in the sales price according to the actual quantity of the delivered goods, or a supplementary delivery.
4. The Buyer’s demands may not exceed the value of the batch of goods in question, and in particular the Buyer may not make any further claims in this respect, i.e. demand the correction of the damage suffered due to the lack of these properties of the goods, which the Seller provided.
5. In any event, the Seller’s liability for non-performance or improper performance of the contract is limited only to losses actually incurred by the Buyer and under no circumstances exceed the value of the delivered goods from a given delivery. The Seller shall not be liable for lost profits, indirect damages, loss of the Buyer’s profits or losses suffered by third parties
6. The Buyer may file a complaint by sending an email to: email@example.com, or by post to the address of distripark sp. z o. o., Henryka Sienkiewicza street 4, 56-120 Brzeg Dolny, Poland.
7. If the warranty claim is not taken into account, the goods will be sent again to the Buyer’s address
8. The complaint should be submitted on form completed in a readable manner, which includes (although this is not a requirement for the complaint to be reviewed):
• Company Name;
• Number of the purchase order;
• Description of irregularities of the goods against the contract;
• Date of purchase;
• Damage protocol;
• Pictures of damaged goods.
9. Observing the above requirements shall facilitate and speed up the review of the complaint.
10. The complaint shall be reviewed within 30 days from submission.
8. Terms of delivery and costs of shipment
1. Types of transport services along with the specification of the carrier and cost are listed in the delivery price list available at distripark.eu/shipping-and-delivery.
2. Before collecting the parcel from the courier company, the Buyer is obliged to check if the packaging was not damaged during transport. If the parcel is damaged, the Buyer should refuse to accept the parcel, and then contact the seller via email.
3. If the Buyer fails to collect the parcel due to its damage, the Seller will send again the ordered goods to the Buyer after receiving information from the Buyer about the damaged parcel.
4. In the case of loss of a shipment sent via courier company and receipt of information from the Buyer about non-delivery of the ordered goods, the Seller shall return to the Buyer the amounts paid by him within 14 (fourteen) days from the date of receipt of information about non-delivery of the goods.
5. The delivery of the order takes place only within the European Union.
6. The seller is entitled to deliver the order in parts and to invoice them separately. Delivering a smaller quantity of goods does not entitle the Buyer to refuse to accept the goods
9. Data correction, cookies.
1. The right to control and access and correct data.
a. The User/Buyer shall have the right to access their data and correct them.
b. Every enterpreneur shall have the right to control the processing of their data, included in data sets.
a. The Service Provider/Seller shall use cookie files (small text files), which are saved on the end device of the User/Buyer to obtain data on the use of the Online Store by the User/Buyer.
b. Cookies allow, amongst others:
• Maintaining the session of the User/Buyer after logging in, thanks to which there is no need for subsequent logging in on each Store site;
• Adjustment of the content of the Online Store to the needs and interests of the User/Buyer;
• Preparation of statistics on visits in the Store;
• Creating online surveys and securing the surveys against multiple responses by the same people.
c. Information obtained thanks to cookies include, amongst others: the name of the supplier of online services, the IP address of the User/Buyer, the country of origin, from which Users/Buyers connect to the Store.
d. In the Online Store there are two principal types of cookies used: session cookies and persistent cookies. Session cookies are temporary files stored in the end device of the User/Buyer until logging off, leaving the website or closing down the software (internet browser). Persistent cookies are stored in the end device of the User/Buyer for a defined period in the cookies parameters or until their removal by the User/Buyer.
e. In many circumstances the software serving for viewing websites (internet browser) allows viewing cookies by default in the end device of the User/Buyer. The User/Buyer may remove cookies stored in his end device at any time or block cookies in the internet browser settings (also in the mobile phone or other device, which allows access to the Internet). More information on cookies is available in the “Help” section in the internet browser menu.
f. The Service Provider/Seller hereby informs that limitations concerning cookies may affect certain functionalities available on the Store`s site.
10. Final provisions
1. The Regulations are governed by the law of the Republic of Poland
2. Matters not regulated herein shall be subject to: the Act on 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827), the Act of 18 July 2002 on Electronically Provided Services (Journal of Laws 2013, item 1422), the Act of 23 April 1964 – the Civil Code (Journal of Laws 2014, item 121), and other applicable laws.
3. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded, done in Vienna on 11 April 1980 (Journal of Laws 1997, 45.286)
4. The Seller hereby reserves the right to amend the Regulations. Information about any changes to the Regulations, along with the publication date, shall be published on the Store website. In addition, registered Users shall be informed about any change to the Regulations by email, including the right to terminate the contract within 14 days. Changes to the Regulations shall become effective upon the expiry of the termination deadline. Any purchase orders submitted before the date of introducing changes to these Regulations shall be executed pursuant to provisions applicable on the date of order submission.
5. Any disputes between the Seller and the Buyer/User may be settled amicably.
6. In the event of disputes between the Seller and the Buyer/User:
– when the Buyer is established in the territory of the Republic of Poland, the resulting matters shall be submitted to the competent court according to the Seller’s Headquarters;
– when the Buyer is established outside the territory of the Republic of Poland, the resulting matters shall be submitted to the Court of Arbitration at the Polish Chamber of Commerce in Warsaw – in accordance with the rules of procedure before this court. Each of the parties is obliged to execute the decision of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw voluntarily and immediately
7. The regulations have been published in two language versions, the English version is a translation, the version published in Polish is binding.
8. These Regulations shall apply as from January 15th 2018.