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RULES AND REGULATIONS OF ONLINE WHOLESALE PLATFORM Factoryprice.eu
RULES AND REGULATIONS OF ONLINE WHOLESALE PLATFORM Factoryprice.eu
("THE REGULATIONS")
Version effective as of 01.01.2023
I. Basic information
1. The Factoryprice.eu online wholesale platform, operating at https://factoryprice.eu https://factoryprice.eu ("Wholesale Platform", also “Wholesale” or "Factoryprice.eu") is run by Slawomir Pazio, conducting business under the name "MUS Slawomir Pazio", ul. Przyszłości 21, 05-552 Łazy, NIP 5210401334, REGON: 010551560, e-mail address: hurt@factoryprice.eu (the "Wholesaler").
2. The Seller can be contacted by:
a. electronic mail at hurt@factoryprice.eu,
b. telephone at +48601574450,
c. by mail at the Seller's registered address: "MUS Sławomir Pazio", ul. Przyszłości 21, 05-552 Łazy.
3. The Wholesale Platform is used to:
a. sell goods belonging to the Wholesaler, including but not limited to clothing, haberdashery, footwear, accessories, drugstore and others including home accessories ("Goods");
b. provide other electronic services (including, but not limited to, an online account, Newsletter).
4. Through the Wholesaler, the Seller offers contracts for the purchase of Goods solely to economic operators which make purchases on a professional basis directly related to their economic activity, and which are registered as Wholesaler customers entitled to purchase Goods from the Wholesaler ("Customer"). At the same time, the Wholesaler's operations are not consumer sales within the meaning of the Act of 30 May 2014 on the consumer rights, and are not offered to:
a. natural persons who make purchases which are not related directly to an economic or professional activity ("Consumer"),
b. natural persons who conclude a contract which is related to an economic activity where it transpires from the content of the contract that the purchase is not made on a professional basis under, in particular, the subject matter of their economic activity as made available in the Central Electronic Register and Information on Economic Activity ("Economic Operator Exercising Consumer Rights").
II. General terms and conditions of using Factoryprice.eu
1. These Rules lay out the rules, scope and conditions of using Factoryprice.eu by a Customer and user of the website ("User"). Furthermore, these Rules lay out:
a. conditions of concluding contracts for the purchase of Goods ("Purchase Contracts) and for the provision of services (including technical requirements),
b. conditions of concluding other contracts than a Purchase Contract or a Dropshipping Contract through Factoryprice.eu,
c. rules of the Seller's liability.
2. The Customer may conclude with the Wholesaler a contract for dropshipping services, consisting in direct delivery to a person, with whom the Customer has concluded a contract of sales of goods purchased from the Wholesaler, the Goods purchased by the Customer from the Wholesaler ("Dropshipping Contract") on terms and conditions specified in a separate Dropshipping Contract.
3. The use of Factoryprice.eu by the Customer or the Website User implies acceptance of these Regulations and the Privacy Policy.
4. In order to gain access to the Factoryprice.eu functionalities, one must use a device communicating with the Internet and equipped with a commonly used web browser. The following web browsers are a minimum recommended technical requirement to use the Website: Firefox version 64, Chrome (Chrome for Android) version 71, Safaria 12.1 (12 iOs Safari), Opera 58 (Opera Mobile), Edge 18, with Javasript, Cookies enabled, and with Javascript and Local Storage enabled in the web browser.
5. Subject to other provisions of the Regulations, electronic services within Factoryprice.eu are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the request of the Customer or the Website User.
6. The Wholesaler is not a provider of data transmission or telecommunication services. All costs related to data transmission services or telecommunication services required to launch and use Factoryprice.eu shall be covered by the Website User, on the basis of the agreement concluded thereby with the Internet provider or telecommunication services provider.
7. The Wholesaler notes that the use of electronic services via Factoryprice.eu may involve standard risks associated with the use of the Internet. The Customer is advised to take appropriate steps to minimise these risks.
III. Goods. Price. Costs
1. Information concerning the main characteristics of the Goods, as well as their prices and availability, is provided on the Wholesale website, next to the description of the Good in question.
2. The Wholesaler reserves the right to change prices, place and remove Goods, conduct and cancel promotional campaigns.
3. Goods intended for sale, including promotional sales and off-sales, are of limited availability, and orders shall be processed in the order in which the confirmed orders are received, until the item covered by a given form of sale is out of stock. In the event of unavailability of Goods (depletion), appropriate information shall be placed on the Wholesale website next to the description of the Good in question.
4. The price quoted in Goods’ description at the time of placing the order shall be binding for the Parties.
5. Goods’ prices placed on the Wholesale website are net prices: they do not include tax on goods and services - VAT and delivery costs.
6. The Wholesaler provides for displaying the following pricing information about Goods:
a. information about the unit price of specific Goods including VAT ("Regular Price"),
b. information about a discount on the Regular Price of specific Goods, if any ("Promotional Price"),
c. in each case, information about Regular Price reductions – information about the lowest price of the Goods in the last 30 days before the Regular Price was reduced ("Lowest Price in 30 Days").
7. If a price is reduced through the use of the so-called discount code by a user, the Regular Price displayed on the website shall be considered the Lowest Price in 30 Days.
8. Where specific Goods are offered for sale for a period shorter than 30 days, the Lowest Price in 30 Days shall be the lowest price of the Goods offered between the day on which the Goods were offered for sale and the day the Regular Price was reduced.
9. The Customer shall bear the costs of Goods’ delivery, unless the option of personal Goods’ collection has been chosen. Goods’ shipping costs depend on Goods’ delivery method chosen by the Customer in accordance with the price list presented on the Wholesale website, available at https://fp-wholesale.iai-shop.com/en/terms/payments-and-shipping-costs-610.html.
10. The Wholesaler does not practice product placement, i.e. products are not given any specific visibility and product search results are not prioritised.
IV. Conclusion of contract
1. Placing an order at the Wholesale Platform is tantamount to concluding a Business-to-Business (B2B) contract, i.e. the contract between the Wholesaler and the Customer, and entails the Customer's obligation to pay for and collect the Goods (conclusion of the Sales Contract).
2. The Customer's orders shall be accepted via the Wholesale website (https://factoryprice.eu) once the order placement process has been completed. Order cancellation is not possible.
3. As part of the order placement process, the Customer shall, in particular:
a. register;
b. select the ordered dGoods;
c. specify the delivery address and form of payment;
d. place the order;
e. pay for the order.
4. The Customer is obliged to check, correct and confirm all the data entered in the order form. It is not possible to change the data once the order placement process has been completed.
5. At the time of registration, the Customer must provide up-to-date data necessary for invoicing (including company name and VAT ID). The invoice shall be drawn up on the basis of data provided by the Customer.
6. Placing an order is only possible after accepting the terms and conditions of the Regulations and the Privacy Policy.
7. Immediately after the order has been placed, an e-mail with the contents of the order will be sent to the Customer's mailbox.
V. Payment terms
1.The Customer may choose from among the following forms of payment for ordered Goods:
a. payment by online transfer to a bank account;
b. payment through PayU service,
c. cash on delivery.
2. If payment by bank transfer is selected, the following details must be used to make the payment: Mus Slawomir Pazio ul Przyszłości 21, 05-552 Łazy account no: PL 76 1090 1056 0000 0001 3426 4137. In the title of the transfer, please enter: the name of the company and the order number.
3. The payment for the Goods is collected as payment in advance, which means that the ordered Goods are dispatched upon receipt of payment by the Wholesaler. The Customer is obliged to make payment for the ordered Goods within a maximum of 2 working days from the conclusion of the Sales Contract.
4. Until the Customer pays the full amount due for the ordered Goods, they shall remain the Wholesaler’s property.
5. The Customer agrees to the transmission, provision of invoices, their corrections and duplicates, in accordance with applicable laws, in electronic form, to the e-mail address provided thereby.
VI. Delivery date and method
1. The Goods shall be dispatched immediately, no later than within 2 working days of the transfer being credited to the Wholesaler's bank account.
2. The Goods shall be delivered, depending on the Customer's choice made in the order, via:
a. courier service to the delivery address indicated by the Customer,
b. companies providing collection services at collection points selected by the Customer.
3. The Wholesaler shall not be liable for any non-delivery or delay in delivery of the Goods due, in particular, to incorrect or inaccurate delivery address or other details provided by the Customer.
4. Personal collection of the Goods is possible after prior arrangement of the possibility and conditions of collection with the Wholesaler, made prior to placing the Order, via e-mail address: hurt@factoryprice.eu. In such case, the Customer, shall not have the right of return resulting from section VII.
5. The Customer shall cover all damages related to the unjustified refusal to accept the ordered Goods.
VII. Return of Goods
1. The Customer is entitled to return the Goods, without providing reasons, within 1 (in words: one) working day from the day of receipt of the Goods delivered to the Customer via courier service.
2. The condition for any returned goods to be accepted is that the Customer:
a. sends back complete Goods, undamaged and with no signs of use, in their original packaging,
b. encloses a return form constituting Appendix 1 to the Regulations.
3. The costs of returning the Goods shall be borne by the Customer.
VIII. Termination of a contract by the Seller
The Wholesaler reserves the right to withdraw from the Sales Contract in the event of:
a. inability to fulfil the Order (e.g. if the ordered Goods were damaged or there was a discrepancy between stock levels),
b. an earlier unjustified refusal to collect the Goods by the Customer,
c. an earlier breach by the Customer of any of the provisions of the Regulations,
d. the Customer's failure to make payment for the ordered Goods within a maximum period of 2 working days from the conclusion of the Sales Contract - without the need to set an additional time limit for the Customer's payment.
IX. Liability
1. The Wholesaler shall not accept complaints from consumers who are the Customer's buyers.
2. The Parties exclude liability under implied warranty for physical defects of the Goods (pursuant to Article 558(1) of the Civil Code).
3. The Wholesaler does not grant express warranty for the Goods.
4. The Wholesaler is not a party to the contract between the Customer and the Customer's buyers, in particular:
a. The Wholesaler is not a party to settlements of contracts between the Customer and the Customer's buyers,
b. The Wholesaler does not participate in the fulfilling of any obligations or rights of the Customer's buyers, especially when the Customer's buyer acts as a consumer.
X. Other services
1. On Factoryprice.eu, a user can also use the following services provided by electronic means ("Electronic Services"):
a. an account on Factoryprice.eu,
b. a newsletter,
c. Other services available on Factoryprice.eu provided by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means.
2. As regards Electronic Services, the Seller may provide digital services which involve i) generating, processing, storing or accessing data in digital form, ii) shared use of data in digital form which was provided or generated by a consumer or other users of that service, iii) other forms of interaction with the use of data in digital form ("Digital Services").
3. Contracts for the provision of Electronic Services, including Digital Services, may be concluded with users, i.e. either natural persons who conduct a single-person economic activity on their own account or natural persons who have full legal capacity and act for and on behalf of a Customer ("User").
4. Electronic Services are used by Users free of charge. The foregoing does not exclude the possibility of introducing additional paid services provided by the Seller or third parties, with a User to be provided in each case with relevant and full information allowing him/her to make an informed decision whether to use the paid services.
XI. Account
1. An agreement between the Seller and a User for the maintenance of an account on the website is concluded when the User completes the registration form and confirms it by clicking the "Register" button, which sends the registration form to the Seller for validation.
Upon verification of the correctness of the data by the Seller and activation of the account, the process of registration ends and the User is automatically logged in to his/her account - from this moment, he/she has an active account on the Wholesaler website and may place orders as a Customer or for and on behalf of a Customer, using the account without the need to register again ("Account Agreement").
2. The Account Agreement is concluded for an indefinite period of time and may be terminated at any time without providing reasons:
a. by a Customer by either deleting his/her Account by means of a dedicated functionality or contacting the Seller,
b. by the Seller, in particular, but not exclusively, due to the Customer's inactivity on the Account for at least 365 days from the last activity or if the Customer has breached the provisions of the Rules, in particular the Seller's intellectual property rights.
3. A User may terminate the Account Agreement within 14 days from its conclusion in accordance with Paragraph 2(a) of this Article XI.
4. If the Account Agreement is terminated, the Customer and User must immediately cease using the materials and information, including, but not limited to, photographs and descriptions of Goods, which are covered by the Wholesaler's intellectual property rights, in particular the economic copyrights, without a separate demand to cease using the Seller's materials.
XII. Newsletter
1. The Seller enables Users to subscribe for a newsletter to receive, at the e-mail address they specify, digital content in the form of information contained in e-mail messages sent by the Seller ("Digital Content"), as well as commercial information regarding Goods offered by the Seller and promotional campaigns organised by the Seller ("Newsletter"), in return for providing their personal data. Subscribing for the Newsletter may represent the conclusion of a an agreement for the provision of digital content if the user is a Consumer or an Economic Operator Exercising Consumer Rights.
2. The Newsletter need not be and is not delivered to Users on a regular basis. The moment of delivery of specific content as part of the Newsletter to Users shall be decided in each case by the Seller, depending on whether the Seller's offering has changed, new promotional offers or discounts have been made available or any other events have taken place which have impact on the Seller's offering and which the Seller wishes to announce.
3. To subscribe for the Newsletter (to conclude an agreement for the provision of digital content), a User shall submit his/her e-mail address to the Seller in a dedicated subscription field.
4. Clicking "Subscribe" after submitting the required data referred to in Paragraph 3 of this Article XII is equivalent to giving consent to receiving commercial information relating to the shop "MUS Sławomir Pazio", ul. Przyszłości 21, 05-552 Łazy.
5. To receive the Newsletter, a User is not required to perform any actions other than submitting his/her personal data in the form of his/her e-mail address.
6. The rules of processing user personal data in connection with subscribing to the Newsletter are laid out in detail in the Privacy Policy published on Factoryprice.eu.
7. A User may unsubscribe from the Newsletter (terminate the agreement) at any time, as well as terminate the agreement for the provision of Digital Content within 14 days from its conclusion, by clicking the "Unsubscribe from the Newsletter" link provided in the footer of every e-mail message received as part of the Newsletter service providing his/her e-mail address to which the Newsletter is sent.
8. When terminating the agreement, a User may, but is not required to, provide his/her reasons for doing so.
XIII. Complaints
1. Users who use the Services and Users who receive Digital Content as part of the Newsletter have the right to lodge a complaint if the Digital Content or Digital Services do not conform to the agreement.
2. A complaint may either be made electronically and sent e-mail to hurt@factoryprice.eu or made in writing and sent to "MUS Sławomir Pazio", ul. Przyszłości 21, 05-552 Łazy, with the note "Complaints Department".
3. A complaint should include data which provides for identification of the User, i.e. the first name, surname, e-mail address as well as the subject of the complaint, description of non-conformity to the agreement and the date on which that non-conformity was identified, and the request regarding the complaint. If any of the aforementioned data is missing, the Seller may ask the User to provide it if its absence renders it impossible to consider the complaint.
4. Complaints shall be considered within 14 (fourteen) days from the date of receipt by the Seller, of which the User shall be notified by electronic mail sent to the e-mail address provided by the User or by a text message sent to the telephone number provided by the User, or by mail to the address provided by the User.
XIV. Feedback
1. Customers and Users may post their feedback about the products and services offered by the Seller at the Shop, [as part of the functionality] under which feedback is collected from Customers and other users.
2. The feedback referred to in Paragraph 1 of this Article XIV may be posted both by logged-in users and not logged-in users.
3. The Seller does not verify or ensure that the feedback is posted by Customers that used or purchased specific Goods.
XV. Personal data
1. The data provided by the Customer or the Website User as part of the use of services under Factoryprice.eu shall be stored and processed by the Wholesaler in accordance with the applicable legislation, in particular the Personal Data Protection Act, the Act on the provision of services by electronic means, and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
2. The provision of personal data by the Customer or the Website User is voluntary, however, their processing is necessary for the provision of services, including the establishment, shaping of the content, amendment, termination and settlement of the Sales Contract.
3. The Customer / the Website User shall be liable for providing false data.
4. For more information on the processing of personal data, please see the Privacy Policy.
XVI. Intellectual property rights
1. The rights to the content of Factoryprice.eu website, including author’s economic rights or other intellectual property rights, in particular to the name, domain name, trademarks, images, descriptions, page layout, other content and elements, belong to the Wholesaler or other entities with whom the Wholesaler cooperates.
2. It is prohibited to use the above rights in a manner contrary to the provisions of the Regulations or generally applicable laws, in particular to record, copy, modify, process, use, without the consent of the Wholesaler expressed, under pain of invalidity, in writing or via e-mail.
XVII. Final provisions
1. Matters not regulated hereunder shall be subject to the provisions of Polish law, in particular the Civil Code, and the provisions of the Consumer Rights Act where applicable.
2. The Wholesaler may change the content of the Regulations for important reasons, including, but not limited to, changes in applicable laws, changes in the scope of services offered, in the method of payment, delivery and return of purchased Goods.
3. Amendments to the Regulations shall become effective on the date of their publication on Factoryprice.eu website available at https://factoryprice.eu. Orders placed before this date shall be processed on the basis of the rules in force on the day of the order.
4. In the case of continuous services, i.e. the registration and maintenance of an Account or the subscription for the Newsletter, an amendment to the Rules shall become effective after 14 days since Users are informed about it and the amended Rules are made available. Where a User does not accept any amendments to the Rules, he/she shall promptly, but not later than within 14 days from the amendment publication date, terminate the agreement for the provision of the service concerned as provided for in the Rules.
5. The Seller may change the Digital Content provided as part of the Newsletter or Digital Services so that it continues to conform to the agreement. No change shall entail any costs on the part of a User. A User shall receive a notification of a change in sufficient advance, along with information about the date on which the change will be made, if the change will significantly or negatively affect the User's access to the digital content. In such a case, the User may terminate the agreement for the provision of digital content without a period of notice within 30 days from the date on which the change was made or announced.
6. All disputes relating to arising from the Rules shall be settled in accordance with Polish law by a court with a proper territorial jurisdiction over the Seller's registered office. In the case of Consumers and Economic Operators Exercising Consumer Rights, disputes shall be settled by a court of appropriate territorial jurisdiction as provided under applicable regulations.