B2B PLATFORM TERMS OF USE

1. These Terms of Use set out the general terms and conditions, rules and method of sale conducted by HYDRO ZNPHS Spółka z ograniczoną odpowiedzialnością, with its registered office in Poland, Bielsko-Biała at ul. Strażacka 60, 43-382 Bielsko-Biała, entered in the National Court Register by the District Court in Bielsko-Biała, Division Eight (Business), of the National Court Register under the KRS number 0000151095, tax identification NIP: 5470170044, business ID number REGON: 008093410, share capital PLN 100,000, of free services by electronic means.

The b2b.hydro.com.co.uk online shop’s Terms of Use are effective as of 1 July 2023 and apply to contracts for the sale of goods and the provision of services concluded online as of 1 July 2023.

These terms of use do not exclude or limit any of the Customers' legal rights, in particular under:

- the act of 27 July 2002 on specific terms and conditions of sales for consumers and amending the Polish Civil Code (Journal of Laws No. 141, item 1176 as amended) for transactions concluded by 24th December 2014.

- Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) for transactions concluded since 25th December 2014.

- Act of 23 April 1964 Civil Code (consolidated text Journal of Laws 2014, item 121 as amended).

In the event of any inconsistency between these terms of use and the Acts, the Acts shall prevail.

§ 1 Definitions

1. Seller's Office - Hydro ZNPHS Sp. z o.o., ul. Strażacka 60, 43-382 Bielsko-Biała, Poland, telephone +4882956987, e-mail: [email protected]

2. Working days - means weekdays from Monday to Friday excluding public holidays.

3. Delivery - means the actual act of the Seller supplying the Customer, via the Supplier, with the Goods specified in the order.

4. Supplier - means the courier company with which the Seller cooperates for the purpose of delivering Goods, or the Seller's own transport.

5. Password - means a sequence of letters, digits or other characters chosen by the Customer, used to secure access to the Customer's Account on the B2B Platform. The password is set by the Customer when registering on the B2B Platform.

6. Customer - a person using the Store who is an entrepreneur within the meaning of Article 4(1) of the Act of 6 March 2018. - Entrepreneurs' Law (consolidated text Journal of Laws of 2021, item 162), i.e. a natural person, a legal person or an organisational unit, other than a legal person, to which the law confers legal capacity, performing an economic activity.

7. Customer Account - means an individual account for each Customer, set up for them by the Seller.

8. Polish Civil Code - the Civil Code Act of 23 April 1964 (consolidated text Journal of Laws of 2014 item 121 as amended).

9. Individual Entrepreneur - a Buyer who is a natural person concluding a contract (including: a contract of sale through the Store) directly related to the conducted business activity, if the content of that contract indicates that it is not a contract of professional nature to the Buyer, in particular in terms of the type of the conducted business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

10. Login - means the individual designation of the Customer, set by the Seller, consisting of a sequence of letters, digits or other characters, required together with a Password to log in to the Customer's Account on the B2B Platform.

11. Terms of Use - these Terms of Use for sale using means of distance communication and the provision of services by electronic means. These are the terms of use as referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text Journal of Laws of 2013, item 1422 as amended).

12. Registration - means an actual act performed in the manner specified in the Terms of Use, required for Customer’s use of all the functionalities of the B2B Platform.

13. Seller - means HYDRO ZNPHS Spółka z ograniczoną odpowiedzialnością, with its registered office in Bielsko-Biała ul. Strażacka 60, 43-382 Bielsko-Biała, entered in the National Court Register by the District Court in Bielsko-Biała, Division Eight (Business), of the National Court Register under KRS number 0000151095, tax identification NIP: 5470170044, business ID number REGON: 008093410, who is also the owner of the B2B Platform.

14. B2B Platform Website - means the websites on that the Seller operates the B2B Platform, with the domain www.b2b.hydro.com.pl

15. Goods - means the product presented by the Seller via the B2B Platform Website.

16. Sales contract - means a sales contract concluded electronically under the Terms of Use between the Customer and the Seller.

17. Order - the Customer's declaration of intent constituting an offer to conclude a sales contract for product or service with the Seller.

18. Newsletter - an electronic distribution service provided by the Seller via e-mail, which enables all Customers using it to automatically receive subsequent newsletter editions containing information about news and products in the Online Store.

§ 2 General provisions

1. All rights to the B2B Platform, including property copyright, intellectual property rights to its name, internet domain, the B2B Platform Website, as well as templates, forms, logos, belong to the Seller or to third parties, and may only be used in the manner specified in and in accordance with the Terms of Use.

2. The B2B Platform is made available by the Seller via the Internet and the B2B Platform Website as information system and information technology system resource.

§ 3 Use of the B2B Platform

1. Use of the B2B Platform shall mean any action by the Customer which leads to the Customer becoming familiar with the content on the B2B Platform Website, subject to the provisions of §4 of the Terms of Use.

2. The B2B Platform may only be used under the terms and to the extent indicated in the Terms of Use.

3. The website b2b.hydro.com.co.uk, via which the online shop sells, uses the html technology.

4. In order to browse and use the Online Shop, it is necessary to have access to the Internet. a web browser such as Microsoft Edge, Firefox, Safari, Opera, Chrome in versions for Window 10 and 11, Apple macOS, Android or Apple iOS.

5. The Seller will endeavour to ensure that the use of the B2B Platform is possible for Customers using any of the popular web browsers, operating systems, computer types and internet connection types. The Seller does not guarantee and is not responsible for ensuring that each configuration of the electronic equipment owned by the Customer enables the use of the B2B Platform. The minimum technical requirement for using the B2B Platform Websites, subject to the previous sentence, is a web browser with Javascript enabled, accepting cookies.

6. In order to place an order on the B2B Platform and to use the Services available on the Store's Websites, it is necessary for the Customer to have active PL and EU VAT numbers, and an e-mail account. However, for other Customers, the digital part of the acronym given by the Seller will be used for identification.

7. Customers, when using the B2B Platform, are not entitled to any interference with the content, structure, form, graphics, mechanism of the B2B Platform.

8. It is forbidden for the Customer to provide content of an unlawful nature and for the Customer to use the B2B Platform, the B2B Platform Website or the free services provided by the Seller in a manner that is contrary to the law, good morals, infringes the personal rights of third parties or the legitimate interests of the Seller.

9. The Customer is entitled to use the resources of the B2B Platform exclusively for its own use. It is not permissible to use the resources and functions of the B2B Platform in order for the Customer to carry out activities that would harm the interests of the Seller.

10. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers' data by unauthorised persons, therefore Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, use anti-virus and identity protection software when using the Internet. The Seller shall never ask the Customer to provide the Password in any form.

§ 4 Registration

1. In order to create a Customer Account, the Customer notifies the Seller of its wish to join the B2B Platform.

2. Registration is necessary for Customers to place orders on the B2B Platform.

3. To register, the Customer fills in a registration form on b2b.hydro.com.co.uk.

4. Registration forms must be fulfilled in accordance with the following rules:

a) The Customer should complete all fields on the registration form, unless a field is marked as optional;

b) The information entered on the registration form shall relate solely to the Customer and shall be truthful, the Customer being the person responsible for the truthfulness of the information entered in the registration form;

c) The Customer should familiarise themselves with the content of the Terms of Use;

d) The Customer should consent to the processing of their personal data contained in the registration form for the purpose of providing services to them and for statistical purposes, and the Customer shall have the right to access, correct and delete their data.

5. By submitting a completed registration form, the Customer:

a) acknowledged and accepted the provisions of the Terms of Use;

b) concluded an agreement for the provision of services by the Seller in the form of maintaining a Customer Account;

c) authorised the Seller to process the Customer's personal data included in the registration form in order to provide the service of maintaining the Customer's Account and for statistical purposes, and agreed to the Seller's forwarding of information connected with the technical support of the Customer's Account to the e-mail address provided by the Customer during Registration.

6. During Registration, the Customer may consent to the processing of their personal data for marketing purposes. In such a case, the Seller shall clearly inform the purpose of collecting the Customer's personal data, as well as the known or anticipated recipients of such data. A consent to the processing of personal data for marketing purposes:

a) is provided voluntary and may be withdrawn at any time;

b) may be accessed by the Customer being data subject, and the personal data corrected and/or deleted;

c) includes entrusting the Seller with personal data, done by checking the appropriate box in the registration form.

7. Agreeing to the processing of personal data for marketing purposes means, in particular, agreeing to receive commercial information from the Seller or advertisers cooperating with the Seller to the Customer's e-mail address provided in the registration form.

8. Each Customer is obliged to make every effort to keep their Password confidential and not to make it available to third parties. If there are circumstances whereby it may be suspected that the Password is in the possession of an unauthorised person, the Customer is obliged to immediately notify the Seller of this fact using available means of communication. In such situation, the Customer shall receive a link from the Seller to reset the password.

9. The Seller shall create and implement means of protection that safeguard against unauthorised use, reproduction or distribution of the B2B Platform Website content. In the event that the Seller applies the above means of protection, Customers agree to refrain from any action to remove or by-pass such means of protection or solutions.

10. The Seller activates the customer account. Once activated, the Customer can make full use of the B2B platform.

11. The Seller reserves the right to refuse registration despite the Customer's compliance with all sections of § 4.

§ 5 Placing orders, payment and order processing

1. The information contained on the B2B Platform Website does not constitute a Seller’s offer.

2. Customers may place orders on the B2B Platform 7 (seven) days a week and 24 (twenty-four) hours a day via the B2B Platform Website.

3. The Customer assembles their order by selecting the Goods they are interested in, specifying the quantity for respective items and by choosing the 'Add to Cart' command they add each item to the “CART”. Having assembled the entire order, the Customer chooses the method of delivery and the method of payment. Once the Delivery address has been specified, having selected the "Order and pay” command, the Customer places their order by sending the order form to the Seller. Each time before an order is dispatched to the Seller, the total price of the selected Goods is indicated. The cost of Delivery of the ordered Goods will be communicated to the Customer during the ordering process or, in the case of an individual quote, after the order has been forwarded for processing.

4. Placing an order constitutes an offer by the Customer to the Seller to conclude a sales contract for the ordered Goods.

5. Once the order has been placed, the Seller sends confirmation of the order to the e-mail address provided by the Customer. The order confirmation is the Seller's statement of acceptance of the offer referred to in §5.4 above.

6. Based on the order placed, the Seller verifies the availability on the B2B Platform of the Goods ordered by the Customer.

7. In the event that the ordered Goods are not available on the B2B Platform or the Customer's order cannot be fulfilled for other reasons, including when it is not possible to purchase Goods from the Seller's suppliers within the deadline for order fulfilment, the Seller shall inform the Customer by email or telephone of the circumstances.

8. If fulfilling the order proves to be impossible, the Seller may propose to the Customer:

a) cancellation of the entire order (if the Customer selects this option, it relieves the Seller of the obligation to fulfil the order);

b) cancellation of that part of the order that cannot be fulfilled within a reasonable period of time (if the Customer selects this option. it releases the Seller from the obligation to fulfil the order to that extent)

c) splitting the order and setting the delivery date for that part of the order that cannot be delivered within the initial lead time (if the Customer chooses this option, the Delivery shall be made by separate shipments, and the Customer shall not incur additional Delivery costs associated with splitting the order).

9. If the ordered Goods are not available or the Customer's order cannot be fulfilled for other reasons, in particular if the Seller is unable to procure the ordered Goods within a reasonable period of time, the Customer may withdraw from the sales contract within 30 (thirty) days from the date of its conclusion.

10. The Seller reserves the right to cancel each sales contract within 14 (fourteen) days of its conclusion if it was concluded during a malfunction of the B2B Platform's IT system, including the B2B Platform Website, in particular if incorrect prices or product descriptions were displayed on the website.

11. In the event of confirmation of the Product's availability, the Customer receives from the Seller, at their email address, information about the acceptance of their order for processing, subject to §5 item 15 below.

12. The prices on the B2B Platform Website posted next to particular items of the Goods:

a) shall be given in Polish zloty or in Euro, and shall include all components, including VAT, if the price is marked "gross"

b) do not contain information on delivery costs, which the Customer will be informed of during or after placing their order.

c) do not contain information on customs duties if the delivery address is outside Poland.

d) with 0 or unspecified value (PLN, other currencies) do not constitute an offer within the meaning of Article 543 of the Act of 23 April 1964.

13. The final price binding the parties to each sales contract shall be the price of the Goods as shown on the B2B Platform Website at the time when the Customer placed their order.

14. The Customer shall pay for the Goods ordered upon receipt of a VAT invoice within the period indicated on the invoice by bank transfer to the Seller's bank account. The Seller shall provide a VAT invoice together with the Delivery of the ordered Goods. Applies to Customers to whom the Seller has enabled this form of payment.

15. Customers can modify their orders until a notification is received at the Customer's e-mail address that the order status has been changed by the Seller to "Confirmed". In particular, modifications may relate to the scope of orders, cancellations of all or parts of orders, delivery addresses, or details to be put on a VAT invoice. If the Customer adds new items to their order that is already processed but before the Seller has shipped the order, this may extend the lead time.

16. Personalised Goods for individual customers (e.g. Hoses cut to length, ready-made hydraulic hoses, individually marked goods) are non-returnable.

17. The following conditions apply to the sale of hoses:

a) Hoses are sold in fixed lengths. The Seller shall contact the Customer to confirm the difference between the quantity in the cart and the available length.

b) Customised hose lengths are sold on request. To order a specified length, at the time of placing the order, the Customer is obliged to put such information in the "message to seller" field.

c) An additional charge may be added for the service of cutting a hose to length, specified in individual quotation.

18. On the B2B Platform Website, the Seller may indicate the indicative number of business days required to fulfil an order.

19. The ordered Goods are delivered to the Customer via the Supplier at the address indicated on the order form.

20. The Seller shall inform the Customer by telephone or e-mail when the Customer should receive the Goods.

21. The Customer shall examine the delivered consignment at the time and in the manner usual for consignments of that type, in the presence of Supplier’s employee.

22. The Customer shall have the right to require that the Supplier’s employee draw up a report if the consignment is lost or damaged.

23. The Customer may select the option of collecting the ordered Goods in person. Collection can be made at the Seller's Office on business days, between 7am and 3.30 pm by prior appointment by e-mail or telephone.

24. In the event that the Customer is not present at the address provided when placing the order as the Delivery address, subject to §5(19), the Seller shall contact the Customer by e-mail or telephone, to re-arrange with the Customer the date and cost of the Delivery.

25. The descriptions and images of the Goods contained on the B2B Site are for illustrative purposes only and may differ from real products. The Seller will make every effort to ensure that the information is correct, but does not guarantee that the published information is free from omissions or errors. Such failures or errors may not, however, give rise to any claims on the part of the Customer. In case of any doubt, the Customer is obliged to contact the Seller before selecting Goods in order to obtain relevant information and explanations.

§ 6. Forms of payment

1. Payment for ordered goods may be made:
a. By bank transfer with an agreed payment term to the following accounts:
PLN: PL 77 1020 1390 0000 6502 0018 2444
EUR: PL 05 1020 1390 0000 6702 0365 6436
– applies to Customers to whom the Seller has granted this payment method.
b. Cash on delivery – payment in cash to the courier upon receipt of the shipment.
c. In cash or by payment card – upon personal collection of goods at one of the Seller's branches listed at www.hydro.com.pl.
d. Online payment in PLN – processed via the Autopay payment service (instant online transfer, payment card, BLIK).
e. Online payment in EUR – processed via the imoje payment service (online transfer or payment card).

2. Online payments in PLN are processed by Autopay S.A. with its registered office in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, under KRS number 0000320590, NIP (Tax ID) 5851351185, REGON 191781561, share capital PLN 2,205,500 fully paid up, a national payment institution supervised by the Polish Financial Supervision Authority (KNF), entered in the register of payment services under number IP17/2013.

3. Online payments in PLN and/or EUR are processed by ING Bank Śląski S.A. with its registered office in Katowice, ul. Sokolska 34, 40-086 Katowice, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register, under KRS number 0000005459, NIP (Tax ID) 6340135475, REGON 271514909, share capital PLN 130,100,000 fully paid up.

4. Accepted payment cards: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro.

5. For online payments, the invoice is issued in the currency in which the payment was made (PLN or EUR). Receipts are issued in PLN only.

6. Where a refund is due for a transaction paid online, the Seller shall make the refund using the same payment method used by the Customer, unless the Customer has expressly agreed to a different refund method that does not involve any costs for the Customer. For card payments, the refund is made to the account linked to the card.

§ 7 Claims, guarantees, returns.

1. Customer have the right to make claim about the Goods within one year from the date of Delivery of the Goods. The basis for opening a claim procedure is an immediate written notification of the claim containing a description of the defect, for entrepreneurs the deadline is 24 hours from the time the defect was detected. Customers are obliged to notify the Supplier by enclosing a Claim Report available at www.b2b.hydro.com.pl/reklamacje/15

2. The Seller shall, within 14 (fourteen) days, respond to each claim reported by Customers and notify Customers of further course of action.

3. A prerequisite for processing a claim is that the Customer provides the Goods claimed about, the proof of purchase and a description of the claim. The Goods claimed about should be:

a) delivered, if possible, in original packaging together with the proof of purchase or other document confirming the purchase, to the point of sale where the Goods were purchased, or;

b) sent, if possible in original packaging, together with the completed claim form, to the address: Hydro ZNPHS ul. Świt 37, 43-382 Bielsko Biała, with the note: "CLAIM”

4. If the claim is resolved in favour of the Customer, the Seller shall repair or replace the Customer's product with a new one or, if such replacement is not possible, the Seller shall refund the amount paid for the product within 14 (fourteen) days from the date of resolving the claim.

5. The Goods sold by the Seller may be covered by a guaranty provided by the manufacturer or distributor. The Seller grants guaranty for the products they manufacture.

6. All costs related to unfounded claims shall be borne by Customers

7. If the claim is rejected, the Customer is obliged to collect the claimed goods within 14 days. After this date, uncollected goods will be disposed of.

8. Customers may submit claims to the Seller in connection with the use of free services provided electronically by the Seller. Claims can be lodged electronically and sent to the Seller's e-mail address. Each Customer shall include their Login and a description of the problem in their claim. The Seller shall, as soon as possible, but not later than within 14 (fourteen) Business Days, consider each claim and respond to the Customer's e-mail address specified in the claim.

9. The Seller assures that it relies on its experience in its operations and that all technical advice as well as the products and services are offered and provided with due care. Advisory services are provided for informative purposes only and shall not give rise to any liability on the part of the Seller.

10. The Seller grants guarantee for its goods and products for a period of 12 months from the date of receipt of the goods, provided that the goods are used and stored properly and in a manner consistent with their intended use, technical characteristics, manufacturer's recommendations or operating instructions.

11. The Seller shall not be liable for any consequences resulting from improper or non-compliant use of the goods or from their use in special conditions which were not indicated in the order.

12. The Seller is not liable for the natural wear and tear of the goods resulting from proper use. The condition for the Supplier's liability for defects in the Goods is that the Goods are adequately protected by the Recipient against surface defects, in particular through proper storage and transport. Recipients are also obliged to use measures to secure the goods so that it is possible at any time to identify and objectively assess the defects reported.

13. In the case of goods, machinery and equipment constructed or modified according to Recipients’ guidelines, the Supplier's liability shall be limited to producing such goods or making such modifications that meet these guidelines and comply with the measurements, installation/assembly parameters, excluding liability for materials supplied by the Recipient and their properties. The Seller does not provide any guaranty of conformity for the aforementioned products, constructed or modified at the request and in accordance with the concept of the Recipient.

14. The following actions result in the loss of guaranty claims, including under the “rękojmia”- type of guaranty (specific type of guaranty under Polish law):

- inadequate assembly or installation,

- inadequate operation,

- exceeding the technical parameters specified in data sheets or offers,

- use of inappropriate media,

- interference with the structure without the Seller's written consent,

- interference by third parties with the substance of the goods, machinery or equipment, including attempts to repair, alter, etc.

- failure to comply with the deadlines set out in § 7.10 above.

15. For entrepreneurs, the “rękojmia”- type of guaranty for defects is excluded.

16. Return of goods by non-consumer Customers

a) Hydro ZNPHS Sp. z o.o. allows for the possibility of returning new Products that show no signs of use, purchased by non-consumer Customers, especially in the case of an error in Customer’s order, consisting of purchasing a wrong product or an incorrect quantity, subject to the rules specified in this section.

b) Hydro ZNPHS Sp. z o.o. will not accept returns:

- of goods which bear signs of use or installation/assembly;

- of outlet items on items on sale;

- of goods not included in the regular offer that are provided on special order;

- of goods modified at the request of the Recipient.

- of goods made, manufactured to the Recipient's specifications

c) Notification of return shall take place as soon as the irregularity is detected, but no later than 4 business days from the date of receipt of the Product by the Customer. Hydro ZNPHS Sp. z o.o. reserves the right not to accept returns made after this deadline.

d) Customers may only make returns if the Seller has previously accepted the possibility of return,

e) For Customer's return request to be processed, it is necessary to send an email to [email protected], containing the sales document number, product code, and returned quantity.

f) Hydro ZNPHS Sp. z o.o. will process refund requests within 14 days of receipt of a duly notified refund request.

g) Hydro ZNPHS Sp. z o.o. reserves the right to charge Recipients for the costs associated with handling returns, whether or not they are accepted.

17. Withdrawal from the contract

In accordance with Art. 3855. [Application of legal provisions concerning consumers to natural persons running business activity]

Legal provisions concerning consumers, included in Articles 3851 to 3853 shall apply to natural persons who conclude contracts directly related to their business activity when it is apparent from the content of such contract that for such natural person it’s nature is not professional, in particular in terms of the type of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

Other entrepreneurs for example those conducting their business in the form of a limited liability company, will not be able to exercise that right.

§ 8 Free of charge services

1. The Seller provides the following free of charge services to Customers, by electronic means:

a) Maintenance of Customer Accounts;

b) Newsletter

2. The services specified in §9.1 above are provided 24 hours a day, 7 days a week.

3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for amending the Terms of Use.

4. The Customer Account Service is available after registration, pursuant to the principles described in § 4 and § 5 of the Terms of Use.

5. The Newsletter service can be used by any Customer who activates the relevant field in the registration form during Registration.

6. The Newsletter service consists of sending by the Seller, to e-mail addresses of particular Customers, electronic messages containing information about new products or services offered by the Seller. Newsletters are sent by the Seller to all Customers who have subscribed.

7. Each Newsletter addressed to particular Customers contains, in particular:

a) information about the sender;

b) a completed 'subject' field, specifying the content of the message and

c) information on the possibility and method of opting out of the free Newsletter service.

8. Each Customer may share with the Seller their comments regarding the use of the above-mentioned free services. Such comments should be submitted electronically. The Seller shall, as soon as possible, but no later than within 21 (twenty-one) Business Days, respond to Customers’ justified objections by sending its response to the Customer's e-mail address provided in the message with the comments.

9. Each Customer may unsubscribe from the Newsletter at any time via the link provided in each Newsletter email or by activating the relevant field in their Customer Account.

10. The Seller is entitled to block access to Customer's Accounts and free services if the Customer acts to the detriment of the Seller or other Customers, if the Customer violates the law or the Terms of Use, and also when blocking access to the Customer's Account and free services is justified by security reasons - in particular when the customer breaks the the B2B Platform Website security by the Customer or other hacking activities. Access to Customer's Accounts and free services shall be blocked for the aforementioned reasons for the period necessary to resolve the issue that led to the blocking of access to the Customer's Account and free services. The Seller shall notify particular Customer that access to the Customer's Account and free services has been blocked, by e-mail to the address provided by the Customer in the registration form.

§ 9 Liability

1. The Seller shall be entitled to interrupt or disrupt the provision of electronic services and access to the B2B Platform Websites for the following reasons:

a) modification, modernisation, extension or maintenance of the Seller's IT system or software;

b) force majeure, acts or omissions of third parties (acts beyond the Seller's control).

2. The Seller shall only be liable in the event of intentional damage and up to the limits of the actual losses incurred by particular Customer who is an Entrepreneur.

3. The Seller shall not be liable for any non-performance or improper performance of the electronically provided services if this is caused by third parties (in particular telecom operators, providers of telecom lines and/or electricity). However, the Seller shall be liable as for its own act or omission for acts or omissions of persons with whose assistance it performs the electronically supplied services, as well as persons whom it entrusts with the performance of such services.

4. The Seller is not responsible for any lack of possibility or difficulty to use the B2B Platform due to reasons attributable to Customers, in particular when any Customer loses their Password or if third parties gain possession (by whatever means) of the Customer’s Password.

However, the Seller shall be liable if any Customer loses or third parties gain possession of Customer’s Password due to the Seller’s fault or due to reasons attributable to the Seller.

5.The Seller shall not be liable for any damage resulting from the actions or omissions of Customers, in particular for their use of the B2B Platform in a manner inconsistent with applicable law or the Terms of Use."

6. "The exclusive source of the Seller's obligations are these Terms of Use and the mandatory provisions of law."

§ 10 Termination of contract

(not applicable to orders/contracts of sale)

1. Either Party may terminate the contract for the provision of electronic services at any time and without providing reasons thereof, subject to preservation of the rights acquired by the other Party prior to the termination of the aforementioned contract and the provisions below.

2. Customers who have registered shall terminate the contract for electronic provision of services by requesting deletion of the Seller's Account by any means of distance communication, that will allow the Seller to read the Customer's declaration of intent, and the contract is terminated upon a notice period of 7 (seven) days.

3. Termination of the contract shall not release Customers from fulfilment of their obligations towards the Seller if such obligations existed at the date of termination.

4. The Seller terminates the contract for the provision of services by electronic means by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.

§ 11 Final provisions and amendments to the Terms of Use

1. The Terms of Use are effective as of the date of publication on the B2B Platform Website and replace the previous terms of use valid for the B2B Platform.

2. These Terms of Use may be recorded by printing, saving on data carriers or downloading at any time from the B2B Platform Websites.

3. The Terms of Use may be amended. Customers shall be informed by the Seller about any amendment to the Terms of Use by sending information containing a summary of amendments to the Terms of Use to e-mail addresses indicated by them in their registration forms.

4. Amendments to the Terms of Use shall be notified in the manner set out above no later than 7 (seven) Business Days before the amended Terms of Use become effective. If any Customer with a Customer Account does not accept the new Terms of Use, they are obliged to inform the Seller about it within 7 (seven) days from the date of having been informed about the amended Terms of Use. Failure to accept shall result in termination of the contract in accordance with the provisions of § 10.

5. All orders accepted by the Store for fulfilment before the date of the amendment to the Terms of Use are fulfilled on the basis of the Terms of Use that were in force when Customers placed their orders.

6. If any part of the Terms of Use is found to be invalid or ineffective under the provisions of law, that part shall be interpreted in such a way as to be in accordance with the applicable law and to reflect, as closely as possible, the intent of the provisions included in that part. The remaining parts of the Terms of Use shall remain in full force and effect.

7. In the event of a dispute arising from the concluded sales contract, the parties will seek to resolve the matter amicably. All disputes arising from these Terms of Use shall be governed by Polish law.

8. The Terms of Use enter into force on 01.07.2023