Terms&Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE
TEXAR.INFO.PL
FOR ENTREPRENEURS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING SALES AGREEMENTS
4. METHODS AND TERMS OF PRODUCT PAYMENTS
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERY OR COLLECTION
6. PRODUCT COMPLAINTS
7. ADDITIONAL PROVISIONS
8. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The Online Store available at the address www.texar.info.pl is operated by „TEXAR” J.CEBARTOWSKI, M.CEBARTOWSKI, W.CHRZANOWSKI, SPÓŁKA JAWNA registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000712493, Register Court which holds the Company's documentation: District Court for Warszawa – m. stołeczne, XIV Commercial Department KRS, office address and correspondence address: ul. Wrocławska 4, 26-600 Radom, Poland tax ID no. NIP: 7962614281, National Economy Register No. REGON 673001136, e-mail address: texar@texar.info.pl.
1.2. These Terms and Conditions are intended solely for entrepreneurs who use the Online Store (the Terms and Conditions and the Online Store are not intended for consumers).
1.3. The Seller is the Controller of personal data processed in connection with the execution of the Terms and Conditions. Personal data is processed for the purposes, in the scope and on the basis of rules indicated in the privacy policy published on the Online Store’s website. The privacy policy contains primarily rules for the processing of personal data by the Processor in the Online Store, including the basics, purposes and scope of the processing of personal data and the rights of persons to whom the personal data refers, as well as information on the use of cookie files and analytical tools in the Online Store. Using the Online Store, including making purchases is voluntary. Similarly, the provision of personal data by the Service User or the Customer is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store which enables placement of an Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement terms, including the method of payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, for which using the Online Store, including conclusion of Sales Agreements is directly connected with the pursuit of their business or professional activity (i.e. not being in this case a consumer); (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the 23 rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
1.4.6. ACCOUNT – Electronic Service, annotated with an individual name (login) and password within the Service Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding the Orders placed by the Service User in the Online Store.
1.4.7. PRODUCT – a service not being an Electronic Service or a movable item or chattel available at the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
1.4.8. TERMS AND CONDITIONS – the following Online Store terms and conditions.
1.4.9. ONLINE STORE – the Service Provider’s online store available at the Internet address: www.texar.info.pl.
1.4.10. SELLER; SERVICE PROVIDER – „TEXAR” J.CEBARTOWSKI, M.CEBARTOWSKI, W.CHRZANOWSKI, SPÓŁKA JAWNA registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000712493, Register Court which holds the Company's documentation: District Court for Warszawa – m. stołeczne, XIV Commercial Department KRS, office address and correspondence address: ul. Wrocławska 4, 26-600 Radom, tax ID no. NIP: 7962614281, National Economy Register No. REGON 673001136, e-mail address: texar@texar.info.pl.
1.4.11. SALES AGREEMENT – a Product sales or rendering agreement concluded or pending conclusion between the Customer and the Seller via the Online Store.
1.4.12. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Store’s website.
1.4.13. SERVICE USER – (1) a natural person with full legal capacity, for which using the Online Store, including conclusion of Sales Agreements is directly connected with the pursuit of their business or professional activity (i.e. not being in this case a consumer); (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.14. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The Online Store provides access to the following Electronic Services: Account, Order Form and Newsletter.
2.1.1 Account – use of the Account is possible after performing a total of two subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking the „Sign up” button and 3) activating the Account by the administrator. The Registration Form requires the Service User to provide the following data: company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number, VAT number.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding request to the Service Provider, in particular via e-mail at the address: texar@texar.info.pl or in writing at the address: Ul. Wrocławska 4, 26-600 Radom, Poland.
2.1.2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “Send Your Order” button on the Online Store’s website after filling out the Order Form – until that point there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Store’s website).
2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. Newsletter – forwarding Newsletter occurs after accepting TERMS&CONDITIONS of Texar online store and creating the Account
2.1.3.1. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address: texar@texar.info.pl or in writing at the address: ul. Wrocławska 4, 26-600 Radom, Poland.
2.2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabled option to save Cookie files and Javascript support in the Internet browser.
2.3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data which is true and accurate. The Service User is also prohibited from entering content which is illegal in nature.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with the operation of the Online Service (excluding the Product complaint procedure, which is described in pt. 6 of the Terms and Conditions) can be submitted by the Service User:
2.4.2. in writing at the address: Ul. Wrocławska 4, 26-600 Radom, Poland;
2.4.3. electronically via e-mail at the following address: texar@texar.info.pl;
2.4.4. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.5. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order by the Customer via the Order Form available in the Online Store, according to pt. 2.1.2 of the Terms and Conditions.
3.2. The Product price visible on the Online Service’s website is given in EURO, and it is a net price. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into the Sale’s Agreement.
3.3. Procedure of Sales Agreement Conclusion at the Online Store using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer of an Order in the Online Store as per pt. 2.1.2 of the Terms and Conditions.
3.3.2. After placement of the Order, the Seller within 3 days confirms its receipt by email. Conclusion of the Sales Agreement takes place in a moment when the Seller confirms, that they accepted the Order and begun its execution. Upon the Customer’s receipt of such message, the Sales Agreement between the Customer and the Seller is concluded.
3.3.3. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message mentioned in pt. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.
4. METHODS AND TERMS OF PRODUCT PAYMENT
4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
4.1.1. Cash on delivery payment.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment via transfer to the Seller’s bank account.
4.2. Payment term:
4.2.1. If the Customer selects payment via bank transfer, the Customer is obliged to issue the payment within 7 calendar days from the Sales Agreement conclusion date.
4.2.2. If the Customer selects the cash on delivery payment method, the Customer is obliged to issue the payment during receipt of the parcel.
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERY OR COLLECTION
5.1. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The Product delivery cost (including transport, delivery and postal service charges) are made available to the Customer during placement of an Order, as well as at the time of the Customer expressing the will to enter into a Sales Agreement.
5.2. Personal collection of a Product by the Customer is free of charge.
5.3. The Seller offers Customers the following Product delivery methods:
5.3.1. Courier service, courier cash on delivery service.
5.3.2. Pallet shipment.
5.4. The time of delivery of the Product to the Customer is up to 10 Business Days, unless in the description of a given Product or during placing an Order a shorter term was indicated. In the case of Products with different delivery times, the delivery deadline shall be the longest time given which may not exceed 10 Business Days. Starting point for delivery of the Product to the Customer shall be calculated in the following manner:
5.4.1. If the Customer selects payment via bank transfer – from the crediting date of the Seller’s bank account or current account.
5.4.2. If the Customer selects cash on delivery payment - from the date of conclusion of the Sales Agreement.
5.5. The term of readiness of a Product to be collected by the Customer - if the Customer chooses personal collection of a Product, the Product will be ready for collection for up to 10 Business Days, unless otherwise provided in the description of a given Product or if, during the Order placement, a shorter term is specified. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided which, however, cannot exceed 10 Business Days. The Seller shall additionally notify the Customer of the readiness for pick-up of the Product. The date on which the term of readiness for collection of the Product by the Customer starts to run shall be determined in the following manner.
5.5.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the Seller’s bank account or current account .
5.6. If the Customer selects the cash on collection payment - from the date of conclusion of the Contract of Sale.
6. PRODUCT COMPLAINT
6.1. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer shall be excluded.
7. ADDITIONAL PROVISIONS
7.1. The Seller is entitled to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.
7.2. The Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
7.3. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.
7.4. In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.
7.5. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.
7.6. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer, regardless of its legal basis, shall be limited - both within a single claim, as well as for any claims in total - to the amount of the price paid and the cost of delivery in respect of the Contract for Sale. The Service Provider/Seller shall be accountable to the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the contract and shall not be held accountable for lost profits to the Service Recipient/Customer.
7.7. If a Customer does not collect a parcel, the Seller is entitles to charge them with a contractual penalty of 150 Polish zlotys.
7.8. Any disputes arising between the Service Provider/Seller and the Service User/Client shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.
8. FINAL PROVISIONS
8.1. Agreements concluded through the Online Store are drawn up in English.
8.2. Amendment of Terms and Conditions:
8.2.1. The Service Provider reserves the right to amend the Terms and Conditions.
8.2.2. In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by Service Users/Customers before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.
8.3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18 th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended) as well as other corresponding provisions of commonly applicable law.