Store Rules


§1 GENERAL CONDITIONS 

These General Terms and Conditions of the Internet Shop B2B-EUR.COMEX.COM.PL (hereinafter referred to as "Terms and Conditions") are applicable to the services provided by COMEX SPÓŁKA AKCYJNA with its registered seat in Gdańsk, ul. Jesienna 21, 80-298 Gdańsk, entered in the register of entrepreneurs of the National Court Register kept by the REJONOWY SĄD REJONOWY GDAŃSK-PÓŁNOC W GDAŃSKU, VII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTROWEGO SĄDOWEGO pod numerem KRS: 0000334933, REGON: 001261671, NIP: 584-020-38-25 (hereinafter: "COMEX") services related to the sale of goods through the Internet service located at the following Internet address: https://b2b-eur.comex.com.pl.


§2 DEFINITIONS

For the purposes of these Regulations, the terms used herein shall mean:

  1. Price - the price of a particular product appearing on the Site, indicated next to its specification, subject to any discounts given to Entrepreneurs, together with delivery costs calculated each time by the Customer Service Department; 
  2. Site - means a system of websites made available on the Internet server at https://b2b.comex.com.pl/, constituting a collection of static and dynamic documents, containing graphic files, scripts and other elements of the collection connected by mutual relations and API; 
  3. Entrepreneur - an entity conducting business activity, registered in the Central Register and Information on Business Activity and not deleted from it, having a Tax Identification Number, defined in the provision of Art. 4 paragraph 1 and 2 of the Act of March 6, 2018 - Entrepreneur Law; who sets up an account on the Website;
  4. Commercial Offer - a set of goods currently available on the Website, together with the Prices in effect at a given time, as well as possible promotions and discounts; 
  5. Parties - collectively understood as COMEX and the Entrepreneur; 
  6. Entrepreneur's Account - the Entrepreneur's profile used to use the functionality of the Website; 
  7. Authorized Person - a person designated by the Entrepreneur who uses the functionality of the Website on behalf of the Entrepreneur;


§3 GENERAL PRINCIPLES OF THE SERVICE

  1. COMEX offers Entrepreneurs the opportunity to purchase goods in accordance with these Terms and Conditions, currently available on the Website. 
  2. The functionalities of the Website related to viewing the Commercial Offer and the opportunity to purchase goods available on the Website are available only to Entrepreneurs registered on the Website.
  3. Placing an order on the Website by an Entrepreneur means that he has accepted the current Price of the goods, as well as the Terms and Conditions.


§4 TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY

  1. COMEX - by means of the Site - provides electronically the following services in particular: 
  1. providing Entrepreneurs with information placed on the Site by displaying a page with a specific URL, containing information data individually requested by the Customer,
  2. communication services - consisting of enabling the Parties to communicate, in particular, at the individual request of the Entrepreneur to contact the appropriate department of COMEX, to submit complaints, as well as COMEX sending commercial and marketing information to the Entrepreneur electronically.


§5 TERMS OF SERVICE PROVISION BY ELECTRONIC COMMUNICATION

  1. The condition of the Entrepreneur's use of the Site is prior familiarization and acceptance of the terms of these Regulations . Detailed rules for the use of the Services may be regulated separately by the Parties. 
  2. The Entrepreneur is obliged to comply with the prohibition of abuse of means of electronic communication and delivery by or to the COMEX data communication systems of the following content:
  1. causing a disturbance or overload of COMEX ICT systems or other entities participating directly or indirectly in the provision of electronic services, 
  2. inconsistent with generally applicable laws, 
  3. violating the welfare of third parties, generally accepted social norms, moral or decency, offensive or violating anyone's dignity.
  1. In special cases affecting the security or stability of the ICT system, COMEX shall have the right to temporarily discontinue or limit the provision of Services, without prior notice, and to perform maintenance work to restore the security and stability of the ICT system. 
  2. COMEX shall not be liable for interruptions in the provision of Services resulting from failures or cases of malfunction of ICT systems beyond the influence of COMEX. 
  3. COMEX shall not be liable for interruptions in the provision of Services resulting from failures or cases of malfunction of ICT systems beyond the influence of COMEX. Notwithstanding the foregoing, COMEX shall have the right to discontinue providing the Services at any time if such a reasonable request is made to it by an Internet provider or other authorized entity, or in the event that the Customer is found to be in violation of these Terms and Conditions, applicable law or generally accepted social and moral norms. 
  4. For security reasons, COMEX reserves the right to terminate the connection with the Entrepreneur after a period of not less than 10 minutes after the Entrepreneur's last action. 
  5. In order to properly use the Services, the Entrepreneur should have computer equipment and software that meets the following minimum requirements:
  1. the latest available version of the web browser Microsoft Edge, Chrome, Firefox, Opera or Safari; 
  2. a monitor with a resolution of 1280x720 px; 
  3.  cookies and Java Script enabled. 
  1. If the Entrepreneur uses hardware and software that does not meet the technical requirements specified in paragraph 7, COMEX does not guarantee the correct functioning of the application and stipulates that this may have a negative impact on the quality of the Services provided.


§6 REGISTRATION IN THE SERVICE AND CONCLUDING THE AGREEMENT

  1. The Entrepreneur enters into the Agreement with COMEX through the Service, after successful registration in the Service, and after logging in to his/her Entrepreneur Account.  
  2. Registration in the Service takes place by completing the registration form provided in the Service and positive verification of data. In the registration form, the Entrepreneur is required to include the following data regarding his/her business activity:

- Tax Identification Number (NIP); 

- Delivery address; 

- Company under which the Entrepreneur operates; 

- Name and surname of the contact person; 

- E-mail address of the Entrepreneur; 

- Phone number of the Entrepreneur and the Contact Person. 

After entering the relevant data, confirm the data to send an activation link.

  1. In order to activate an Entrepreneur's Account, COMEX sends an activation link to the Entrepreneur's email address (provided during registration), after clicking on which an automatic message is sent to COMEX confirming the activation of the Entrepreneur's Account.  Until the activation link is clicked, the Entrepreneur's Account remains inactive. 
  2. The activation link is available for forty-eight (48) hours, after unsuccessful expiration of this time the registration procedure must be repeated. Activation of the Entrepreneur's Account is followed by verification of the Entrepreneur's data by COMEX. 5. Upon successful completion of the verification, the Entrepreneur receives an email correspondence with a login and a link to set a password for logging into the Service. 
  3. Registration on the Site is possible after the Entrepreneur has read and accepted these Regulations. Acceptance takes place by filling in the fields with a statement of acceptance of these Regulations. 
  4. An Entrepreneur may express consent to the processing of his/her personal data by COMEX for marketing and advertising purposes within the scope of services provided by COMEX - this consent is voluntary. Expressing the above consents and confirming the receipt of information is done by completing (checking) the boxes with the appropriate statements. 
  5. The Entrepreneur is obliged to properly store the login and password to the Entrepreneur's Account, including, in particular:
  1. store the login and password to the Entrepreneur's Account in a way that prevents automatic logging in, 
  2. do not make the login and password to the Entrepreneur's Account available to any third party, 
  3. immediately inform COMEX of the need to block the Entrepreneur's Account in a situation where the Entrepreneur obtains a reasonable, even minimal, doubt about the knowledge of his/her login and password by any third party.
  1. The Entrepreneur has also the possibility of resetting the password on his/her own - The option is available in the profile of a logged in user: tab: Information 
  2. COMEX reserves the right to unilaterally refuse to activate the Entrepreneur's Account without giving reasons and the right to unilaterally deactivate or block the Entrepreneur's Account in case of violation by the Entrepreneur of the law or the provisions of the Regulations. 
  3. The Entrepreneur is fully responsible for all activities, including transactions made using the data necessary to authenticate the Entrepreneur on the Website. The Entrepreneur is fully responsible for all activities, including, in particular, transactions, performed with the use of data necessary to authenticate the Entrepreneur on the Website. 
  4. Any orders placed after logging in with a unique login and password are considered to have been placed by the Entrepreneur. 
  5. COMEX has the right to block or delete the account of a registered Entrepreneur, for a valid reason justified by the Entrepreneur's violation of the law and the rules described in these Regulations, as well as for taking actions by the Entrepreneur that expose COMEX to damage.


§7 ORDER PLACEMENT AND PAYMENT TERMS

  1. The conclusion of a Sales Agreement between the Entrepreneur and the Seller takes place after the Entrepreneur places an Order. 
  2. The Seller allows the Entrepreneur to place an Order via the Website as follows: 
  1. The Entrepreneur, from among the Goods available in the offer (panel: "Offer"), adds the selected Goods to the Basket, and then proceeds to the order form, also known as the Basket; 
  2. The Entrepreneur has the right to inspect the Cart at any time until the Order is transmitted, and may freely remove individual items from it and add new ones; 
  3. The Entrepreneur confirms in the Order form the validity of the data necessary for the conclusion and execution of the Sales Agreement, provided by the Entrepreneur during registration on the Website; d. The Entrepreneur selects one of the delivery methods provided by COMEX and provides the delivery address for the order;
  4. The Entrepreneur selects the method of payment of the Regular Price and the other costs, if any, indicated in the Order Form for the execution of the Sales Contract; 
  5. The Entrepreneur submits the Order to COMEX using the functionality of the Website provided for this purpose (button: "Realize OrderPay / Continue"); 
  6. In the course of placing an Order, until the "Pay / ContinueRealize Order" button is pressed, the Entrepreneur has the opportunity to correct the entered data on his/her own within the "Basket" panel by adding or removing a given item from the Basket;
  7. Once the Order has been successfully placed, a confirmation of the Order will be automatically sent to the previously indicated e-mail address and an individual number will be assigned to the Order. After COMEX approves the Order, the Entrepreneur will receive a confirmation of the execution date of the placed Order. 
  1. When placing an Order with a prepayment option, the Entrepreneur shall pay for the Goods on the basis of the received pro-forma invoice issued by COMEX. After payment for the Goods, the Entrepreneur receives a message with confirmation of acceptance of the Order by the Service, which is equivalent to the conclusion of the Contract of Sale, subject to paragraph 4.
  2. The Site may give the Entrepreneur the right to make purchases with deferred payment. In this case, the Entrepreneur will be obliged to make payment within the time limit indicated in the VAT invoice issued after the purchase. In the event of a delay in payment, COMEX shall be entitled to claim amounts under the provision of Article 10, paragraph 1 of the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions. 
  3. All prices of the Goods posted on the Website are given in U.S. dollars or EUR, and are net prices. 
  4. If COMEX cannot perform in whole or in part due to the fact that the Goods are not available, or due to unforeseen circumstances have not been delivered to COMEX or have been damaged or lost, COMEX will immediately notify the Entrepreneur by sending the appropriate information to the e-email address and, if the sale was made against a prepayment, will return to him the price received no later than within 7 days from the moment of transmission of information about the impossibility of fulfillment, or will perform a substitute performance of the same value as the price paid - at the choice and consent of the Entrepreneur.
  5. The Entrepreneur agrees to receive invoices in electronic form in accordance with Article 106n Paragraph 1 of the Value Added Tax Act of March 11, 2004. Invoices are sent to the Entrepreneur along with the ordered Goods in PDF form via e-mail to the e-mail address indicated by the Entrepreneur during registration on the Website.


§8 METHODS AND DATES OF DELIVERY OF GOODS

  1. The place of performance of the Contract of Sale by COMEX is the place of release of the Goods., The place of release of the Goods and the place of performance by COMEX is COMEX warehouse in Brusy, 3 Zakładowa Street ("Place of Release").
  2. Delivery of the Goods shall take place in the manner selected by the Entrepreneur (shipment by courier or personal collection - during the working hours of the warehouse referred to in paragraph 1), specified in the Order. Delivery costs of the Goods, if any, are charged by the Entrepreneur when paying for the Order. The cost of delivery of the Goods will be calculated each time for the Order placed and will depend on the type, weight and method of packaging of the Goods, as well as on the indicated place of delivery. The delivery cost of the Goods will be specified in the final confirmation of the Order sent.
  3. In the case of personal collection, the Entrepreneur will be informed at the e-mail address indicated during registration on the Site about the possibility of collecting the Goods. The Goods can be picked up during the opening hours of the COMEX warehouse (3 Zakładowa St., 89-632 Brusy) within 7 days of receiving the message referred to in the first sentence above. The ordered goods will be released to the Entrepreneur who placed the Order or to a person authorized by him.  COMEX may require the person collecting the Goods to provide a number, as well as to show an identity document and a written confirmation of receipt of the Goods. If the Goods are not picked up within the time limit specified in the second sentence above, COMEX will contact the Entrepreneur in order to clarify the situation and call on him/her to pick up the purchased Goods within an additional 2 days. Failure to collect the Goods within this period may result in COMEX's withdrawal from the Sales Agreement. 
  4. Delivery of the Goods is possible in the territory of the Republic of Poland and to selected countries through couriers handling the transport of goods in particular countries.


§9 WARRANTY CONDITIONS AND COMPLAINT PROCEDURE

  1. The Entrepreneur may file a complaint regarding a defectiveness of the Goods, in particular their non-compliance with the Warranty relating to them, only in the following form: 
  1. Electronic - via an electronic form available on the Site in the "Service Request" tab. The complaint form in question is available on the Site after logging into the Entrepreneur's account. In order to properly submit a complaint, you must follow the instructions that are sequentially displayed on the Website;
  1. In the case of filing a complaint, the Entrepreneur is obliged to provide the advertised Goods, together with the complaint form, located on the Website. 
  2. COMEX has the right to refuse to consider a complaint filed in a form other than that provided for in paragraph 2 above - e.g. sent by e-mail, and oblige the Entrepreneur to file a complaint within 14 days in the form indicated in paragraph 1, under pain of leaving the complaint unprocessed. The time limit for consideration of the complaint begins to run from the moment the complaint is properly submitted. The above shall also apply to the submission of a complaint without delivery of the Goods complained about. 
  3. The receipt of a complaint submitted in the electronic form specified in paragraph 1 point 1 and point 2 shall be confirmed within 7 days of receipt. 
  4. Submission of a complaint on the complaint form through the Service is tantamount to consent to the sending of correspondence and documentation (including answers to the complaint, requests for additions) from COMEX in electronic form.
  5. The period for recognition of a complaint runs from the date of receipt of a correct complaint notification. If the Entrepreneur is summoned to remove deficiencies of the complaint notification, the aforementioned period starts from the date of receipt by COMEX of the completed complaint notification. 
  6. During the processing of a complaint, the Entrepreneur is obliged to notify COMEX of any change of business address, e-mail address or other means of electronic communication. Otherwise, the delivery of answers to the complaint and summonses made to the previous address or by electronic means of communication used to submit the complaint shall be deemed effective.


§10 FINAL PROVISIONS

  1. These Regulations are made available through the Service in a form that allows you to download, record and print them. In particular, the text of these Regulations may be saved on disk and printed. 
  2. COMEX reserves the right to unilaterally make changes to these Regulations for important reasons including, in particular:
  1. the repeal, amendment or introduction of new laws or the issuance of a ruling by the relevant state authorities or institutions applicable to COMEX and affecting its operations; 
  2. the introduction by COMEX of organizational or technological changes, including those relating to the rules of servicing Entrepreneurs, affecting the servicing of Entrepreneurs of the Service; 
  3. the change of current, introduction of new, or discontinuation by COMEX of offering certain services.
  1. COMEX will inform about the content of the changes to the Terms and Conditions referred to in the preceding sentence by posting a message on the Website about the changes to the Terms and Conditions, including a summary of the changes to the Terms and Conditions, and maintaining this information for a period of at least 14 consecutive calendar days. In addition, Entrepreneurs will be notified by COMEX of the changes to the Terms and Conditions in an email sent to the address indicated by the Entrepreneur at least 14 calendar days before the changes take effect.
  2. If an Entrepreneur does not accept changes to the Terms and Conditions, he/she is obliged to inform COMEX about it within 14 days from being informed of the change to the Terms and Conditions. Lack of acceptance of changes to the Regulations is equivalent to blocking the Entrepreneur's access to the Entrepreneur's Account and the possibility of concluding new Sales Agreements from the effective date of changes to the Regulations. Lack of objection is considered acceptance of the changes. 
  3. To Sales Agreements concluded before the change of the Regulations, the provisions of the Regulations in force at the time of concluding a given Agreement shall apply. 
  4. COMEX also reserves the right to: 
  1. change the data contained within the Service; 
  2. change the technical parameters of the Service; 
  3. temporarily or permanently limit the availability of the Service; 
  4. completely withdraw the Service. 
  1. The law applicable to the resolution of disputes arising in connection with the performance of Services by COMEX is Polish law, and the court competent to resolve them is the Polish court of factual and local jurisdiction for the registered office of COMEX. 
  2. All issues not regulated in these Regulations are subject to the provisions of the Act of 23 April 1964 - Civil Code, while in the case of Services in foreign trade, the provisions of Polish law apply, unless international regulations provide otherwise.