Terms and Conditions

Terms and Conditions of use of business-to-business e-store [electronic platform for selling products and services between businesses] B2B e-commerce polpakb2b.abstore.pl

I. General provisions

These Terms and Conditions (hereinafter referred to as the Conditions) define the general conditions, ways of providing electronic services and wholesale sales conducted via the B2B e-commerce shop polpakb2b.abstore.pl, hereinafter referred to as the E-store or the Store. The store is run by POLPAK POLAND Sp. z o.o. with headquarters in Warsaw, ul. Powstancow Slaskich 106D lok. 203, 01-466 Warsaw registered by the District Court of the capital city of Warsaw in Warsaw, XIII department of the National Court Register under KRS number: 0000066055, Tax ID: PL5251558506, REGON number: 012292542 share capital: PLN 100,000.00, hereinafter referred to as the Seller
Contact with the Seller takes place through:
a. e-mail address: zamowienia@polpak.com.pl ;
b. phone number: +48 22 353 14 14 ext. 2
c. mailing address: Al. Jerozolimskie 331A, 05-816 Reguly, Poland
These Conditions are continuously available on the polpakb2b.abstore.pl website, in a manner enabling its acquisition, reproduction and recording of its contents by printing or saving on a data carrier at any time.
The Seller informs that the use of services provided electronically may involve a threat on the part of any Internet user, consisting in the possibility of introducing malicious software into the information and communications system of the Customer and obtaining and modifying its data by unauthorized persons. To avoid the risk of the above-mentioned risks, the Customer should use appropriate technical measures that minimize their occurrence, in particular anti-virus programs and a firewall.
These Conditions are addressed to the Entrepreneurs using the Store and defines the rules of using the Store and the rules and procedure for concluding Sales Agreements with the Customer via the Store.

II. Definitions

Terms used in the Conditions mean:

Business Days - these are days from Monday to Friday excluding Polish public holidays;
Update - modification of the Digital Content, including its security, which is necessary to maintain compliance of the Digital Content with the Sales Agreement;
Entrepreneur - a natural person, a legal person or a business entity that is not a legal person, which within the meaning of art. 22 [1] of the Civil Code is granted legal capacity, performing business or professional activity on its own behalf, and which is actively cooperating with the Seller and is based outside of the territory of the Republic of Poland;
Customer - an Entrepreneur who, under the terms of these Conditions, places Orders in the Store;
Consumer - a customer who is a consumer within the meaning of art. 22 [1] of the Civil Code with which the Customer concludes a separate Sales Agreement;
User - a natural person using the Store, who is a person authorized by the Customer to use the Store, including placing Orders for Products and who acts on behalf of the Customer.
Account - a Customer account in the Store, which contains data provided by the Customer and information about the Orders they or the User placed in the Store;
Civil Code - the Polish Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Terms and Conditions (hereinafter referred to as the Conditions) – this document;
Product - a product (good) presented in the Store, of which a brief description is available for each of the presented products, and a full description is available at one of the following websites: www.tagaharmony.com (in English) ; www.polpak.com.pl (in Polish);
Digital content - digital content within the meaning of the Polish Act on Consumer Rights, i.e. data produced and delivered in digital form, not saved on a tangible medium, preventing the proper functioning of some Products that the Consumer can download to their device via the website www.tagaharmony.com (in English) ; www.polpak.com.pl (in Polish);
Business Terms - individual terms regarding the prices of the Products, payment currency, the amount of the trade credit and the discounts, the forms of delivery and the methods of payment, which the Seller grants to the Customer and which are considered as confidential;
Sales Agreement - Product Sale Agreement as defined by the Civil Code, concluded between the Seller and the Customer;
Services - services provided by the Seller to Customers via electronic means within the meaning of the provisions of the Polish Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Act on the provision of electronic services - the Polish Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act - the Polish Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Products;
Order Form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the form of delivery and the methods of payment;
Cart - an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the given Order, in particular the quantity of products;
Newsletter - free commercial information provided by the Seller, intended directly or indirectly to promote the Products, services or image of the Seller or other entities cooperating with the Seller and providing important changes regarding the Store;
Change - modification of the Digital Content, which is not necessary to maintain compliance of the Digital Content with the Sales Agreement of the Product with a digital element (Digital Content) in a continuous manner and does not involve costs on the part of the Consumer.

III. Rules of using the Store

Using the Store is possible provided that the IT system used by the Customer or the User meets the following minimum technical requirements:
a. a computer or a mobile device with access to the Internet,
b. access to electronic mail,
c. Internet browser Internet Explorer in version 11 or newer, Firefox in version 28.0 or newer, Chrome in version 32 or later, Opera in version 12.17 or later, Safari in version 1.1. or newer,
d. enabling Cookies and Javascript in the browser.
Using the Store means any activity of the Customer or the User, which leads to familiarization with the content contained in the Store.
The Customer and the User are obliged in particular to:
a. not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
b. use the Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
c. not taking actions such as: sending or posting unsolicited commercial information (Online Spam) within the Store,
d. to use the Store in a way that is not inconvenient for other Customers and Users and for the Seller,
e. use any content posted on the Store only in the scope of their own business,
f. use the Store in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Conditions, as well as the general principles of using the Internet.

IV. Services

The Seller allows the use of free Services via the Store, which are provided by the Seller 24 hours a day, 7 days a week.
The Seller has the right to organize occasional competitions and promotions, the terms of which will always be provided on the Store's website. Promotions in the Store are not subject to merger, unless the terms of a given promotion state otherwise.
In an event of a breach by the Customer or the User of the provisions of these Conditions, the Seller after the previous ineffective call to stop or remove violations, with the appointment of an appropriate deadline, may terminate the Agreement for the provision of Services with a 14-day notice period.

V. Procedure of concluding the Sale Agreement

Information about the Products provided on the Store's websites constitute an invitation to conclude a Sales Agreement, within the meaning of art. 71 of the Civil Code.
All Products available in the Store are brand new, free from physical and legal defects and have been legally placed on the EU market.
If the Seller uses mechanisms of individual price adjustment based on automated decision-making, each time it provides this information to the Customer or User when placing the Order, taking into account the requirements imposed in this respect by the provisions of the General Data Protection Regulation.
The condition for placing an Order is that the Customer opens an Account in accordance with the provisions of § 6.
In the case of placing an Order via the Order Form available on the Store's website, the Order is submitted to the Seller by the Customer or the User in electronic form and constitutes an offer to conclude an Agreement for the sale of Products being the subject of the Order.
Based on the Customer's submitted offer, the Seller verifies the content of the Customer's offer and its feasibility under the proposed terms and in accordance with the Conditions and confirms the Order by committing to its fulfillment by issuing a Commercial Invoice (hereinafter referred to as the Invoice), the image of which is visible in the Store in the "Invoices" tab. The Invoice confirms the receipt by the Seller of the Order for execution (Order Acceptance).
If the fulfillment of the Order is possible only in part, the Seller will execute the Order in this part, and in the scope of the unrealized part the Seller will contact the Customer or the User in order to determine new terms of the Order or cancel this part of the Order. If the fulfillment of the Order is not possible or is possible under other terms than those specified in the Customer's offer, the Seller will contact the Customer or the User in order to determine new terms of the Order or cancel the Order. After determining the terms of the Order, the Seller issues an Invoice, the image of which is visible in the Store in the "Invoices" tab, which confirms the acceptance by the Seller of the Order for execution (Order Acceptance).
The Seller may, at any time and without stating reasons, suspend or refuse to fulfill the Order, also after the Order Acceptance, but not later than until the Products are released, which without any additional statements results in the Seller's withdrawal from the Sales Agreement. This right is vested in the Seller within 21 days from the date of acceptance of the Order for execution. In this case, the Customer is not entitled to any claims against the Seller.
At the moment of issuing the Invoice referred to in this paragraph the Sales Agreement between the Seller and the Customer is concluded, resulting in the Seller's obligation to deliver to the Customer or release the ordered Products to the Customer and the Customer's obligation to collect the Products and to pay for them. Other conditions of the Sales Agreement concluded in accordance with the previous sentence are indicated in the relevant provisions contained in (together):
a. These Conditions
b. The Civil Code
The Customer bears full responsibility for the actions of the User or any other individuals who by means of the Customer's or User's login and password place Orders for the Products. The Customer bears full responsibility for all Orders placed via the Account irrespective of whether the Order was placed by the Customer, the User or another person whom the Customer provided access to the Store.
In the description of the Digital Content, the Seller informs the Customer about the technical requirements necessary to integrate the Digital Content with the Costomer's digital environment, including the functionality, compatibility and interoperability of the Digital Content.
Access to the Digital Content is made available to the Customer immediately after the conclusion of the Sales Agreement for the sale of Products with a digital element or at another time indicated in the description of the Digital Content.
The Seller undertakes to provide the Customer with Content Updates for the duration of the Sales Agreement for the supply of Digital Content.
The User of Digital Content agrees to cooperate with the Seller in the case of an Update, as long as it is carried out to a reasonable extent and using the least onerous technical means.
The Seller may make a Change to the Digital Content for important reasons, including where it is necessary to adapt the Digital Content:
a. to a new technical environment or
b. to an increase in the number of users or for other significant operational reasons.
Information about the Change is provided to the Customer at least 14 days before the Changes are implemented, together with a description of the Changes, to the e-mail address that the Customer or User indicated when placing the Order.

VI. Registration and Account

The Store is available only to Customers who are previously registered in the business-management system (hereinafter referred to as the ERP System) of the Seller.
In order to register in the ERP system of the Seller, the Customer should send an e-mail to sales@tagaharmony.com attaching the following:
a. copies of current company registration documents;
b. name and surname of the authorized contact personnel;
c. the entrepreneur's company name;
d. the address of the registered office (for the European Union Customers in accordance with the VAT tax register);
e. the mailing address;
f. the delivery address;
g. VAT Tax Identification Number (only for the European Union Customers);
h. telephone number;
i. e-mail address.
After accepting the aforementioned data by the Seller, the Seller will provide the Customer with the Business Terms and enter the data to the Seller's ERP system and an e-mail message will be sent to the e-mail address provided by the Customer confirming the registration of the Customer's Account in the Store and enabling to generate a password by the Customer to access the Account.
The Seller reserves the right to reject the Customer's registration application without giving any reasons.
The Seller reserves the right to change the Business Terms at any time without giving any reasons.
Opening an Account in the Store is free.
The Customer ensures that the data provided by them is correct.
Logging in to the Account is done by entering the login and password created in the registration process.
The Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via e-mail, telephone or in writing to the addresses provided in § 1.
During the entire period of using the Store, the Customer is obliged to immediately inform the Seller about any changes to the registration data or documents referred to in this paragraph.
Providing by the Customer data that is false or inconsistent with the actual or legal status, failure to submit the documents and information referred to above, authorizes the Seller to block access to the Store and suspend the services provided.

VII. Forms of delivery, the prices of delivery and Customs clearance, handling fee

The Customer or the User may choose the following forms of delivery (shipment) of the ordered Product
a. Delivery to the Customer by third-party logistics or the Seller’s transportation
- The delivery is made to the address (address of the Customer's division) indicated by the Customer during the Registration or placing the Order.
- It is assumed that the person collecting the Product in the delivery address indicated by the Customer has been authorized by the Customer to collect it.
- The delivery may be made by a logistics company indicated by the Customer or by the Seller.
- In case if the delivery is made by a logistics company appointed by the Seller, the Seller reserves the right to freely choose any logistics company or deliver goods by own transport of the Seller.
- The Seller is not responsible for delays resulting from the operation of logistics companies.
b. Pickup by the Customer
- Pickup at the Seller's pickup point provided when placing the Order.

The Orders intended to be shipped outside the European Union territory are subject to the Customs clearance and the Seller reserves the right to freely choose the Customs agency other than the one indicated by the Customer. Such Orders are considered as delivered after they are transported to the indicated Customs agency.
The Customer may stipulate that the Product may be handed to a person authorized by the Customer - the Customer may indicate more than one person authorized to collect the Product. The abovementioned applies for all forms of delivery.
The Seller is entitled to suspend the release of the Product to a person who has not been indicated by the Customer.
In the event that the Product has not been released to the Customer due to the absence of the person authorized to collect the Product, the Customer undertakes to return to the Seller any extra costs incurred.
For Products, which are available in stock, the number of days needed to complete the Order and prepare it for release (for further delivery or pickup) will be approximately 3 Business Days from the date of Order Acceptance. In special cases, this period may be extended, as the Seller will inform the Customer.
If the Product is not picked up by the Customer within 10 Business Days from the date of Order Acceptance - it is assumed that the Customer withdraws from the Sales Agreement.
The price of delivery
If the delivery (including transportation to the indicated Customs agency) is organized by the Seller it is always subject to payment by the Customer. In such event the price of delivery is quoted by the Seller to the Customer for approval before Order Acceptance.
If the Products covered by the Order provide for a different period of fulfilment and delivery, the longest period from those expected is binding for the entire Order unless the Customer or the User agrees with the Seller otherwise.
For Products that are not available in stock, the Seller will inform the Customer or the User about the estimated time of their availability and waiting time for the Order fulfillment.
The risk related to damage or loss of the Product passes to the Customer upon receipt of the Product.
When collecting the Product, the Customer is obliged to check whether the Product has no damages caused during transportation and whether the Product is in accordance with the Order. Any quantity or quality complaints referring to the Product must be reported within 48 hours of receipt of the Product by sending appropriate information to the Seller, in particular via e-mail, telephone or in writing to the addresses provided in § 1. After this deadline, it is assumed that the Product has been delivered correctly, particularly in terms of quantity and quality.
In the event of quantity shortages or quality issues due to the fault of the Seller, the Seller and the Customer will find a way to solve the issue at the earliest convenience.
In the event of delays in payments, the delivery of the Product may be withheld until the Customer settles all payments to the Seller.
If the delivery is made to an entrepreneur or a private (consumer) person other than the Customer, the Customer must sign an "Agreement for entrusting the processing of personal data" with the Seller in accordance with the provisions of the GDPR, or always enter into such a contract with the Seller for the given delivery.
The price of Customs clearance
If the Order is subject to the Customs clearance which is organized and paid by the Seller, the Seller will add the price of the Customs clearance to the cost of delivery – the price may vary depending on the Products quantities and order amount.
If the total amount of the Products in the Order exceeds 6000 US dollars then the Seller will not charge the Customer for the Customs clearance.
Handling fee
If the total amount of the Products in the Order is below 4000 US dollars then the Seller will charge the Customer with a 25 US dollars handling fee.

VIII. Prices, trade credit and the methods of payment

All prices, trade credits, payment due periods and other trade conditions are based on Business Terms.
All prices are based on EX-WORKS (EXW) Reguly/Poland.
The basic prices of Products and Services are in the US dollars currency and they exclude VAT tax.
For export outside the European Union all local taxes and duties at destination are subject to be paid by the Customer.
The final prices for the Products and delivery (including Customs clearance if applicable) will be confirmed each time by the Seller at the Order Acceptance.
The Customer or the User may have a trade credit which sets the maximum Customer debt limit (the maximum total trade credit limit) at the Seller:
a. The maximum total trade credit limit is renewable.
b. The Seller reserves the right to reduce or cancel the trade credit without having to justify the reasons for such a decision and the Customer's consent is not required.
c. In the event of exceeding the trade credit limit by the Customer:
- The Product may be sold if the Customer makes a payment in advance for the difference between the total amount of the purchased Products and the trade credit limit or;
- The customer may apply for an increase of the trade credit. The Seller reserves the right to take a decision regarding the trade credit including its amount and duration.
The Customer may choose one of the following payment methods:
a. Money transfer after delivery [wire transfer]
The payment is made to the following Seller’s accounts:
The payment in USD: BANK: Erste Bank Polska S.A. , SWIFT CODE: WBKPPLPP, USD IBAN ACCOUNT: PL 14 1910 1123 2404 1128 2121 0002
The payment in EUR: BANK: Erste Bank Polska S.A. , SWIFT CODE: WBKPPLPP, EUR IBAN ACCOUNT: PL 84 1910 1123 2404 1128 2121 0003
The payment is due in time as stated in the commercial invoice.
This method is available only for Customers with a valid trade credit.
In this case the Order fulfillment and release will be made after the Order Acceptance.
b. Payment in advance [wire transfer]
The payment is made to the following Seller’s accounts:
The payment in USD: BANK: Erste Bank Polska S.A. , SWIFT CODE: WBKPPLPP, USD IBAN ACCOUNT: PL 14 1910 1123 2404 1128 2121 0002
The payment in EUR: BANK: Erste Bank Polska S.A., SWIFT CODE: WBKPPLPP, EUR IBAN ACCOUNT: PL 84 1910 1123 2404 1128 2121 0003
In this case the Seller will issue a Sales Order (SO) or Proforma Invoice (PI) and will send it to the Customer for making a payment.
In this case the Sales Agreement is not concluded until the Customer makes a payment in the full amount of the SO or PI within 7 Business Days from the date the SO or PI is issued.
In this case the Order fulfillment and release will be made after the full payment is received.
In the event the payment is not made in full in the abovementioned period the Sales Agreement is terminated - it is assumed that the Customer has withdrawn from the Sales Agreement.
c. Cash od delivery
- Payment at the Seller's pickup point:
In this case the Order fulfillment will be made immediately after the Order Acceptance and the Product will be released after the full payment is made.
- Payment on delivery (refers to deliveries by the Seller’s transportation)
In this case the Order fulfillment will be made immediately after the Order Acceptance and the Product will be released after the full payment is made.
The payment shall be considered made when the money is credited to the Seller's bank account.
When making a payment the Customer is obliged to cover fees of their bank and any intermediate bank to ensure that the Seller will receive exactly full amount of the payment.
The Seller reserves the right to suspend or cancel the fulfillment of the whole or part of the Order in the event of Customer overdue payments or exceeding the trade credit limit.

IX. Newsletter

The Customer who subscribed to the Newsletter by providing an e-mail address will receive the Newsletter.
The Seller decides about the date of sending the Newsletter.
The Customer may at any time cancel the Newsletter subscription, in particular by clicking the appropriate online link (link) provided in the Newsletter or by sending an appropriate request to the Seller, in particular via e-mail, telephone or in writing to the addresses provided in § 1.

X. Complaints regarding the provision of services by electronic means

The Customer may report to the Seller complaints regarding the operation of the Store and the use of the Services. The complaints may be submitted by sending an appropriate request to the Seller, in particular via e-mail, telephone or in writing to the addresses provided in § 1.
In the complaint, the Customer should provide their name and surname, mailing address, type and description of the problem.
The Seller undertakes to examine each complaint within 14 Business Days, and if it was not possible, to inform the Customer during this period, when the complaint will be processed.
In the event of any defects in the complaint, the Seller shall call the Customer to complete it within 7 Business Days from the date of receipt of the request by the Customer.

XI. Warranties

The Customer is obliged to provide the warranty services to end users in the territory of the Customer's business operation and for at least a period of time which is required by the law in this territory.
The Seller will provide necessary spare parts and service assistance as stated in the General Terms and Conditions stated in the Confidential Distributor Price List.

XI. Disposal of the Product

Information on disposal of the Product are available at https://www.tagaharmony.com/site-notices

XIII. Privacy Policy

All personal data provided by the Customer to the Seller is collected and processed in accordance with applicable law and in accordance with the Privacy Policy which constitutes Annex No. 1 to the Conditions.

XIV. Final provisions

All rights to the Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the Store, as well as to forms and logos belong to Asseco Business Solutions S.A. or to the Seller, and their use may only be effected in a manner specified and in accordance with the Conditions.
Settlement of any disputes arising between the Seller and the Customer shall be subject to the court having jurisdiction over the seat of the Seller.
In matters not covered by these Conditions, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish and European Union (in this order) law shall apply.
Every Customer shall be informed about any changes to these Conditions by means of information on the main page of the Store containing a list of changes and the date of their entry into force. The Customers who have an active Account will be additionally informed about the changes along with their listing to the e-mail address indicated by them.The date of entry into force of the amendments will not be shorter than 14 days from the date of their publication.
If the Customer who has an active Account does not accept the new content of the Conditions, they are obliged to notify the Seller about this fact within 14 days from the date of informing about the change in the Conditions – it results in the termination of the Agreement for cooperation in the Store.