Terms and conditions of use

General terms and conditions of sale

These General Terms and Conditions of Sale set out the terms for provision of services and sale of goods by Tomasz Urbaniak, conducting business activity under the name Tomasz Urbaniak, address: ul. Jana Olbrachta 94A, 01-102 Warszawa, NIP [Tax ID No.]: 5252203113, REGON [Business Reg. No.]: 017205074, through the Online Shop available at https://wholesale.bobbiny.com/ („ B2B Zone ”).

§ 1. Definitions

The terms used herein shall have the following meaning:

GTCS – these General Terms and Conditions of Sale
Seller – Tomasz Urbaniak conducting business activity under the name Tomasz Urbaniak, address: ul. Jana Olbrachta 94A, 01-102 Warszawa, NIP [Tax ID No.]: 5252203113, REGON [Business Reg. No.]: 017205074, email: wholesale@bobbiny.com
Purchaser – a natural person, legal entity or organisational unit without legal personality to which the law grants legal capacity pursuing commercial or professional activities in their own name, who purchase Goods from the Seller, provided that the concluded Sales Agreement is directly connected with their business activity and is of professional nature to them
Parties – the Seller and the Purchaser
User – a natural person, legal entity or organisational unit without legal personality to which the law grants legal capacity pursuing commercial or professional activities in their own name, who have registered in the B2B Zone
User Account – a part of the B2B Zone assigned to a User which allows the User to perform certain actions within the B2B Zone
Login – an individual designation of the User in the form of the User’s email address, required, along with a Password, to register and log in to the User Account in the B2B Zone
Password – a sequence of letters, numerical digits or other characters chosen by the User and necessary to secure access to the User Account in the B2B Zone; the Password is set by the User during the User’s registration in the B2B Zone; the Password must contain a minimum of 8 characters, including at least one upper case letter and one numeric or special character
Sales Agreement – a contract for sale or supply of Goods concluded by and between the Seller and the Purchaser in line with GTCS
Goods – any product presented by the Seller via the B2B Zone and intended for sale
Force Majeure – an exceptional, external and irresistible event that could not have been avoided even if the Parties had acted with the utmost diligence, in particular fire, flood and other natural disaster, war, strike, riot, protest, terrorist attack, epidemic, embargo, interruption or delay in the supply of raw materials or energy, events resulting from the ordinance of national or local authorities
Order – the Purchaser’s declaration of intent aimed directly at concluding a Sales Agreement and providing details as set out in GTCS
Order Confirmation – the Seller’s declaration of intent confirming the acceptance of the Order for processing under the terms specified in the Order Confirmation and GTCS
Civil Code – the Act of 23 April 1964 (JoL RP of 2016 item 380, as amended);

§ 2. Provision of Services by Electronic Means

As part of the B2B Zone, the Seller shall provide, free of charge and by electronic means, services consisting in:
1. maintaining the User Account;
2. sending the Newsletter.
The Seller reserves the right to choose and change the type, form, time and manner of granting access to selected services from the list above, of which the Seller shall inform Users in a manner as applicable to the change of GTCS.
The service of maintaining a User Account shall be available upon registration and in line with the rules described in § 3 hereof.
An agreement for sending the Newsletter shall be concluded at the moment when the User confirms his/her will to receive the Newsletter by clicking on the activation link sent by the Seller to the email address provided by the User or when the User expresses his/her will to receive the Newsletter by changing his/her Account settings.
The Seller shall have the right to block access to a User Account and free services immediately if the User acts to the detriment of the Seller or other Users, violates the law or these GTCS, or when blocking access to the User Account and free services is justified by security reasons. Blocking access to the User Account and free services for the reasons listed above shall last as long as is necessary to resolve the issue being the ground for blocking this access. The Seller shall inform the User about blocking access to his/her User Account and free services by email to the address provided by the User in the registration form.
The Seller shall have the right to block access to a User Account and free services if the Account is inactive, i.e. if there has been no activity on the Customer’s part for a period of 1 year.
The Seller shall be entitled to interruption of or disruption in the provision of services by electronic means and availability of the B2B Zone in the following cases:
1. modification, modernisation, extension or maintenance of the Seller’s ICT system or software;
2. occurrence of a Force Majeure event or acts or omissions of third parties.
The Seller shall only be liable in the case of intentional damage and within the limits of losses actually suffered by the User.
The Seller shall not be held liable for non-performance or improper performance of services provided by electronic means if this is caused by third parties (in particular by telecom operators, network service providers and electricity providers).
The Seller shall not be held liable for impossibility or hindrance in the use of the B2B Zone resulting from reasons attributable to the User, including for the loss of the Password by the User or obtaining the User’s Password by third parties (by whatever means).
The Seller shall not be held liable for any damage caused by the User’s acts or omissions, including for using the B2B Zone by the User in contravention of the regulations in force or the provisions hereof.
Both the Seller and the User can terminate the agreement for provision of services by electronic means pertaining to the services referred to in section 1 above at any time and without cause, provided that rights acquired by the other Party prior to the termination are retained and subject to the provisions stipulated below.
The User may send a request to block his/her User Account or to stop sending him/her the Newsletter by any means of communication as long as they enable the Seller to familiarise himself with the User’s declaration of intent, and the agreement shall be terminated upon the expiry of the notice period of 7 (seven) days.
Termination of the agreement shall not release the User from his/her obligations towards the Seller, if any such obligations exist at the date of the termination.
The Seller may terminate the agreement for provision of services by electronic means by sending the User a relevant declaration of intent to the email address provided by the User during registration. The agreement shall be terminated upon the expiry of the notice period of 7 (seven) days.
The Seller may block the User Account, and thus terminate the Account maintenance agreement , with immediate effect if the User performs actions in contravention of generally applicable law or violates the provisions hereof, in particular provides untrue data, fails to collect consignments sent in accordance with the concluded Sales Agreement or fails to make payments in a timely manner.
The User whose Account has been blocked cannot register in the B2B Zone again without the Seller’s express prior consent.

§ 3. Rules of Use of the B2B Zone

The use of the B2B Zone shall mean any activity of the User aimed at or resulting in the User’s access to the content of the B2B Zone’s website.
The use of the B2B Zone shall be possible provided that the User’s ICT system meets the following minimum technical requirements:
1. a computer or mobile device with Internet access,
2. access to email,
3. web browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
4. enabling cookies and Javascript in the User’s browser.
The use of the B2B Zone shall only be possible in accordance with the rules and to the extent specified herein.
The Seller shall take the steps necessary to make the use of the B2B Zone possible for Users using common web browsers, operating systems, computer types and types of Internet connections. However, the Seller shall not guarantee that every option of the User’s equipment configuration will allow the User to use the B2B Zone, and shall not be held liable if this is not the case.
In order to use the services available in the B2B Zone, the User must have a functioning email account.
The User shall not be authorised to interfere in any way in the content, structure, form, graphics or operation of the B2B Zone.
The User must not provide any unlawful content or use the B2B Zone in a manner contrary to the law, principles of social coexistence, violating personal rights of third parties or legitimate interests of the Seller.
The User shall use the B2B Zone solely for his/her own personal use or for the benefit of the Purchaser whom the User represents. The User must not use the B2B Zone’s functions and content to take actions that violate the Seller’s interests.
The Seller represents that the public nature of the Internet and the use of electronically supplied services may entail the risk of obtaining and modifying Users’ and Purchasers’ data by unauthorised persons, therefore the Users and the Purchasers should take appropriate technical measures to minimise this risk, in particular they should use anti-virus software and software protecting their online identity.
The use of the B2B Zone shall be possible upon registration (creation of the User Account) by the User and activation of this User Account by the Seller.
To begin registration, the User shall fill in the registration form available on the B2B Zone’s website.
The User shall fill in all the required fields in the registration form marked with an asterisk. The data entered into the registration form should be accurate and pertain to the User and/or Purchaser only, and the User alone shall be responsible for the accuracy of the data entered.
Having completed the registration form, the User shall represent that he/she, as follows:
1. has read GTCS and the Privacy Policy and fully accepts them,
2. consents to the processing of his/her personal data by the Seller for the purposes of conclusion and provision of the service consisting in User Account maintenance,
3. holds the status of a Purchaser as set out in the Regulations, i.e. is a natural person, legal entity or organisational unit without legal personality to which the law grants legal capacity pursuing commercial or professional activities in his/her own name, and that the Sales Agreements the User will conclude will be directly connected with his/her commercial activity and will be of professional nature to him/her,
and then send the registration form by clicking the relevant button.
The User may consent to the processing of his/her personal data by the Seller in order to receive promotional and marketing materials concerning the goods and services offered by the Seller and/or consent to the processing of his/her personal data by the Seller to send commercial information by means of electronic communication (Internet, email, SMS) to telecommunications terminal equipment (telephone, tablet, etc.) made available by the User, where the User shall have the right to access his/her data and the right to its rectification and erasure.
Prior to the activation of the User Account, the Seller may ask the User for submission of additional documents (in paper or electronic form) that confirm the User’s status as an entrepreneur, in particular an excerpt from the National Court Register (KRS) or entry into the register of business activity, copy of a certificate of assignment of a relevant identification number, e.g. REGON [Business Reg. No.] or NIP [Tax ID No.], and for a civil partnership or a general partnership – articles of association or other equivalent documents in the case of a foreign entity.
The Seller shall send the User an email informing him/her about activation of the User Account or refusal to activate the User Account within 5 working days from sending the registration form or from submitting the documents, if requested by the Seller. The Seller may refuse to activate the User Account without giving reasons.
The agreement for the supply by the Seller of the service consisting in User Account maintenance shall be concluded when the User receives the email informing him/her about activation of his/her User Account.
The email informing the User about activation of his/her User Account shall contain details on the terms and conditions of cooperation, including a price list.
The User shall make every effort to maintain confidentiality and not to disclose his/her Password to third parties. If there is a suspicion that the Password has been obtained by an unauthorised person, the User shall immediately notify the Seller of this fact using any available means of communication. In such case, the User shall receive from the Seller a new password sent to the User’s email address being the User’s Login, which the User may then replace with his/her own Password.
Should the User forget his/her Password, the User may ask for a new Password via the form available in the B2B Zone. In such case, the User shall receive from the Seller a new password sent to the User’s email address being the User’s Login, which the User may then replace with his/her own Password.
The Seller shall develop and implement safeguards against unauthorised use, reproduction or distribution of the B2B Zone’s content. If the Seller uses these safeguards, the User undertakes to refrain from any action aimed at removing or circumventing such safeguards or solutions.

§ 4. General Provisions for Sales Agreements

GTCS shall not apply to any sale where the buyer is an entity other than a Purchaser, in particular is a consumer.
GTCS shall apply where the Purchaser places an Order for the Goods or a separate Sales Agreement is concluded by and between the Parties, to the extent not regulated by the Sales Agreement, unless the Parties explicitly exclude the application of GTCS.
GTCS shall form an integral part of each Sales Agreement concluded by and between the Parties and remain in force throughout its term.
In the case of any conflict between any of the provisions of GTCS and the provisions of the Sales Agreement concluded by and between the Parties, the provisions of the Sales Agreement shall prevail.
GTCS shall be made available to the Purchaser in paper form at the Seller’s registered office and on the B2B Zone’s website in a manner making it possible to reproduce them. Unless the Parties have stipulated otherwise, if the Purchaser remains in permanent commercial relations with the Seller, acceptance by the Purchaser of GTCS for one Sales Agreement shall be deemed their acceptance for subsequent Sales Agreements concluded by and between the Purchaser and the Seller.
Should any of the provisions hereof change during the performance of a given Sales Agreement, the Seller shall notify the Purchaser of this fact immediately. Within 2 days from the receipt of the notification, the Purchaser may submit a declaration of disagreement with the new provisions of GTCS. If no such declaration is submitted, it shall be assumed that the new GTCS provisions shall apply to all Sales Agreement between the Parties. Regardless of the above, the new GTCS provisions shall apply to each Sales Agreement concluded with the Seller after their introduction.
The Parties shall perform the Sales Agreement and cooperate in its performance in accordance with its purpose, the customs of good merchants and provisions hereof.

§ 5. Sales Agreement Conclusion

Information on the Seller’s website, in particular in the B2B Zone, and in catalogues, price lists and brochures does not constitute an offer within the meaning of the Civil Code, even if it is accompanied by a price, unless clearly indicated otherwise.
The Seller reserves the right to change the offered range of Goods at any time, in particular to change information about the price or other parameters of the Goods.
Placing information about the Goods on the Seller's website and in the Seller’s catalogues, price lists or brochures shall not be tantamount to their availability.
The basis for conclusion of a Sales Agreement is placing an Order with the Seller by the Purchaser.
The Purchaser may place Orders via the B2B Zone 24/7.
To place an Order, the User shall:
1. log in to his/her User Account in the B2B Zone,
2. select the Goods of his/her interest and specify their quantity,
3. add the selected Goods to his/her shopping cart,
4. choose the delivery and payment method from among those available,
5. indicate the delivery address,
6. confirm the acceptance of GTCS and the Privacy Policy,
7. confirm the placement of the Order by clicking the appropriate button.
Based on the placed Order, the Seller shall verify the availability of the Goods ordered by the User.
If the ordered Goods are not available or the User’s Order cannot be executed for other reasons, including if it is not possible to manufacture the Goods within the time limit for Order execution, the Seller shall inform the User electronically or by phone about these circumstances.
If the Order cannot be executed, the Seller may propose the User the following options:
1. exchanging the ordered Goods for other Goods at the same price (choosing this option shall entitle the Seller to modify the Order);
2. cancelling the entire Order (choosing this option by the User shall release the Seller from the obligation to execute the Order);
3. cancelling the Order in the part in which its execution is not possible within a reasonable time limit (choosing this option by the User shall release the Seller from the obligation to execute the Order to the extent to which its execution is not possible);
4. splitting the Order and setting the time limit for Order execution in the part in which it cannot be executed initially (choosing this option by the User shall result in the fact that the delivery will be made in separate consignments, with no additional delivery costs related to the Order splitting on the part of the User, with the reservation that the Seller shall ship the missing Goods not individually but in consignments of about 30 kg, and the Purchaser shall not be entitled to demand shipment of Goods of lesser weight, unless the total weight of all missing Goods does not exceed 30 kg).
Information about the weight of the Goods provided at the Order placement stage is indicative only. In reality, the weight of the ordered Goods may vary slightly (due to the fact that the cords are hand-made and thus of different thickness). Should the Order weight exceed 30 kg (or a multiple of 30 kg), the Seller may propose the User the following options:
1. removing some Goods from the Order and including them in other or future Orders (the Parties shall agree which Goods are to be transferred to other Orders),
2. removing some Goods from the Order and refunding the corresponding part of the payment (the User shall indicate which Goods are to be removed from the Order).
Order placement shall be tantamount to reservation of the Goods. The Sales Agreement shall be concluded when the User receives the Order Confirmation sent by the Seller. In the Order Confirmation, the Seller shall confirm all arrangements made after the Order has been placed.
If no Order Confirmation is sent by the Seller within 2 working days from his receipt of the Order, it shall be deemed that the Order has not been accepted for processing and no Sales Agreement has been concluded by and between the Parties.
If according to information in the B2B Zone the specific Goods are new and are not to be sold before the indicated official release date, the Purchaser shall refrain from selling these Goods, making them available or distributing them in any other form before the indicated date.

§ 6. Payment Terms & Conditions

The prices quoted on the B2B Zone’s website at any given Goods shall:
1. be net prices (without VAT) in Polish zloty;
2. not include delivery costs about which the User shall be informed while placing an Order;
3. not include customs clearance costs and customs duties, if the delivery address is outside Poland;
4. not be negotiable.
The final price binding the Parties to the Sales Agreement shall be the price of the Goods as shown in the summary displayed before the Order placement is confirmed, or as shown in the Order Confirmation if the Sales Agreement is concluded outside the B2B Zone.
The Purchaser shall choose the form of payment from among those available in the B2B Zone.
After choosing an instant payment, the Purchaser will be redirected to the relevant bank’s transaction service. Upon logging in, the Purchaser will see a ready-made payment form with the proper amount, payment reference and payee’s details, awaiting the Purchaser’s acceptance.
In the case of payment via a traditional money transfer or a direct deposit into the Seller’s bank account, the payment reference field should include: the Purchaser’s full name/company name and the Order number. The bank account number for the transfer depends on the currency in which the payment is made. The Purchaser shall check the current and correct bank account number in the relevant tab on the B2B Zone’s website.
If the payment is not received within 14 days from the receipt by the Purchaser of an email confirming the acceptance of the Order by the Seller, the Seller shall have the right to cancel the Order.
The date of payment of the price for the Goods shall be the date of crediting the Seller’s bank account.
The Purchaser agrees that the Seller may issue VAT invoices without the Purchaser’s signature and may issue invoices in electronic form and send them to the Purchaser’s email address provided during Order placement.
The Purchaser shall pay for the Goods within the agreed time limit, also if the Purchaser has filed a complaint regarding the Goods or if the acceptance of the Goods has been delayed for reasons attributable to the Purchaser.
In the event of delay in payment for the ordered Goods, the Seller shall be entitled to claim from the Purchaser, without additional calls, interest and debt recovery costs pursuant to the Act of 8 March 2013 on preventing excessive delays in commercial transactions.
The Purchaser undertakes to repair the damage caused to the Seller by the untimely payment to the extent defined in section 6 above also if the Purchaser would not be held liable under the Civil Code. In all other respects, the Purchaser and the Seller shall be liable on general terms.
If the Purchaser is late with payments to the Seller, the Seller shall first count the amount received towards the debt recovery and debt collection costs, costs of court proceedings, enforcement costs and costs of legal representation, then towards interest, and only then towards the most due principal amount, regardless of whether the Purchaser has indicated the liability to be covered with the amount in question. The preceding sentence shall also apply where costs, interest and receivables arise from two or more VAT invoices. This provision shall waive the Purchaser’s rights referred to in Article 451(1) of the Civil Code.
The Seller reserves the right to set off other receivables and liabilities, pursuant to the provisions of the Civil Code.
The Purchaser shall not have the right to set off any of the Purchaser’s receivables from the Seller against the Seller’s receivables from the Purchaser in connection with the delivery of the Goods subject to GTCS.
The Seller may set an individual credit limit for the Purchaser based on his own assessment or an assessment by a specialised external company (insurer of trade receivables, credit bureau). In order to secure proper payment for the Goods, the Seller may request collateral at his discretion (including in particular a statement on voluntary submission to enforcement under the Code of Civil Procedure, bank guarantee, promissory note, etc.). In such case the trade credit shall be granted after the Seller receives the original document confirming the granting of the collateral. If the gross amount (net amount + VAT) of the Purchaser’s liability towards the Seller on account of Orders (both completed and in progress) for which no payment has yet been received by the Seller and of the Order currently being placed exceeds the amount of the trade credit set for the Purchaser, the Seller shall have the right not to accept any of the Purchaser’s Orders until the Purchaser has settled his/her/its liabilities towards the Seller to such an extent that the trade credit limit is no longer exceeded, or has provided the original document confirming the granting of additional trade credit collateral.
The Seller shall have the right to transfer his receivables from the Purchaser to third parties.

§ 7. Terms and Conditions of Delivery and Acceptance of Goods

The Purchaser shall choose the form of delivery from among those available in the B2B Zone.
The ordered Goods shall be delivered to the Purchaser by the agency of a delivery service provider to the address indicated in the Order or by way of collection in person at the Seller’s registered office, or by shipment to any other address expressly indicated by the Purchaser.
The Seller shall apply the following delivery terms for the Goods, in accordance with the Incoterms 2020 rules:
1. collection by the Purchaser from the Seller’s warehouse (Incoterms 2020 EXW),
2. shipment to the Seller (Incoterms 2020 DAP).
If the payment is made in advance, the Order processing shall begin immediately after the payment is credited to the Seller’s bank account, and the Order execution time shall be counted from this day. In the case of cash on delivery, the Order execution shall begin immediately after the Seller sends the Order Confirmation to the Purchaser.
The Purchaser shall examine the delivered consignment at the time and in the manner usual for consignments of the type in question, in the presence of an employee/representative of the delivery service provider, and shall draft a proper report with the employee/representative of the delivery service provider if any shortage or damage to the consignment is found.
The delivery dates or dates of collection by the Purchaser specified in price lists, on the website, in catalogues, brochures and other materials are indicative only. The binding dates of delivery of the Goods or their collection by the Purchaser shall be indicated in the summary displayed before the Order placement is confirmed or in the Order Confirmation if the Sales Agreement is concluded outside the B2B Zone.
In addition to the price for the Goods, the Purchaser shall pay delivery costs, customs clearance costs and customs duties, unless otherwise expressly agreed by the Parties.
The Purchaser shall ensure the presence at the place and time of delivery of a person authorised to accept the delivery on the Purchaser’s behalf, where refusal to accept the Goods or absence of the authorised person shall not release the Purchaser from the obligation to pay for the Goods and their transport.
If a defect is found regarding the quality or quantity of the Goods, the Purchaser shall secure the Goods intact until the complaint is considered by the Seller under pain of losing the right to any claims against the Seller.
The Seller shall not be held liable for delay in the execution of the Order and the Purchaser shall not be entitled to claim compensation for damage resulting from the untimely performance of the Sales Agreement, if the delay is due to the following circumstances:
1. Force Majeure,
2. an event attributable to the Purchaser or the carrier.
In the case of untimely payment, failure to pay interest or exceeding the credit limit by the Purchaser, any further deliveries or handover of the Goods may be suspended until all overdue amounts have been paid.
At the moment of handing the Goods over, benefits and burdens connected with the Goods and the risk of their accidental loss or damage shall be transferred to the Purchaser.

§ 8. Complaints

For the avoidance of doubt, the Parties agree that the rights stipulated in this paragraph shall exhaust all rights and claims of the Purchaser under the statutory warranty.
The Purchaser shall cooperate with the Seller when exercising the Purchaser’s complaint rights, in particular shall provide access to the Goods subject to the complaint, submit all the necessary documents and information, and enable the Seller to settle the complaint in the selected manner.
The Seller shall be liable for the Goods pursuant to the laws in force in Poland, subject to reservations made in the Sales Agreement or GTCS.
The Seller shall be liable under the statutory warranty only for those physical defects which existed at the moment of handing the Goods over to the Purchaser or have resulted from a cause inherent in the Goods as at the moment of handing them over. The Seller shall not be liable for defects, including damage, destruction, changes in the Goods (e.g. fading), caused by their normal use or for any defects arising as a result of their improper use.
The main Goods sold in the B2B Zone are cords made from recycled cotton yarn. The Goods are brand new. Due to the specific nature of the material, i.e. cotton, the cords may pill or lose their colour. They may also differ in shape, texture or colour within the same product type. These features shall not constitute grounds for complaint.
The colours of Goods shown in the photos in the B2B Zone may differ slightly from the actual ones, depending on the monitor settings. In addition, individual batches of Goods may differ in colour. Possible differences in colour shall not constitute grounds for complaint.
The Purchaser shall examine the Goods in terms of quantity and quality upon their handover. The Purchaser shall lose all rights to pursue any claims against the Seller connected with the purchase of the Goods if the Purchaser fails to examine the Goods upon their receipt or if the Purchaser, having examined the Goods, fails to notify the Seller immediately about noticed defects or irregularities.
All complaints shall be lodged with the Seller immediately, in paper form or as an email message, to the Seller’s addresses indicated herein. A complaint lodged shall include the following details identifying the purchase of the Goods: Order number, date of handing the Goods over, place of delivery, indication of the Goods subject to the complaint, reason for the complaint and determination of the Purchaser’s claim (value of the claim, expected manner of complaint settlement).
Complaints about visible physical defects of Goods resulting from transport shall be reported by the Purchaser immediately upon their discovery, no later than on the date of handover of the Goods. A complaint to this effect can be lodged subject to the submission of a written report drafted by the Purchaser or a person authorised by the Purchaser and an employee/representative of the delivery service provider on the date of handing the Goods over, accompanied by relevant documentation (photos, videos, etc.).
Complaints about visible physical defects other than defined in section 9 above, including about shortages, shall be reported by the Purchaser immediately upon their discovery, no later than within 3 (three) days from the date of handover of the Goods, unless the Seller has agreed (in paper form or by email) to an extended time limit. Where the Goods are delivered in batches, the time limit specified in the preceding sentence shall run from the date of handover of the last batch. A complaint to this effect can be lodged subject to the submission of relevant documentation (photos, videos, etc.).
Complaints about hidden quality defects which could not be detected despite a thorough examination of the Goods, shall be lodged with the Seller in paper form, immediately after their detection, no later however than within 3 (three) months from the date of handover of the Goods.
Failure to lodge a complaint within the time limits stipulated above or failure to submit the required documents shall result in losing by the Purchaser the right to any claims against the Seller under the statutory warranty.
The Purchaser shall deliver the Goods subject to the complaint to a place indicated by the Seller, at the Purchaser’s own expense under the pain of losing the right to any claims against the Seller.
If the Purchaser’s complaint is found valid, the Seller reserves the right to choose the way of its final settlement.
If the Purchaser hinders or prevents the settlement of the complaint in the manner selected by the Seller, the Purchaser shall lose the right to any claims against the Seller, and in particular the Seller shall be released from any liability for damage arising in connection with the defects subject to the complaint.
Satisfaction of the Purchaser’s claims in the manner described above shall exclude any further claims for compensation in this respect in the future, in particular seeking damages on general terms.
If the Seller acknowledges the Purchaser’s entitlement to replacement of the defective Goods with Goods free from defects, the Purchaser shall return the Goods being replaced in advance without any additional call for return. If the Purchaser fails to return the Goods within 14 (fourteen) days from the delivery of the decision on the acknowledgement of the complaint, the complaint procedure shall be deemed to be terminated and the Purchaser shall not be entitled to make any claims against the Seller in this respect.
The Seller shall have the right to withhold the fulfilment of the Purchaser’s claims under the complaint until the Purchaser has paid all the Purchaser’s outstanding liabilities towards the Seller and performed all other obligations towards the Seller.
The Seller shall not be held liable for any indirect or consequential loss, pure economic losses and lost profits of the Purchaser. In each case, the Seller’s liability shall be limited to the net price actually paid by the Purchaser for the Goods with which the claim for non-performance or improper performance of the obligation is connected.
The User shall be entitled to lodge a complaint with the Seller in connection with the use of free services provided by the Seller by electronic means. The complaint shall be filed as an email message sent to the Seller’s email address. The complaint shall include the User’s Login and description of the problem. The Seller shall, as far as possible, immediately, but no later than within 14 (fourteen) days, consider the complaint and give a reply to the User’s email address provided in the complaint.

§ 9. Personal Data Protection

The controller of the User’s personal data provided to the Seller in connection with the provision of services by electronic means and in connection with conclusion and performance of Sales Agreements in line with GTCS shall be the Seller.
Personal data shall be processed by the Seller as set out in the Privacy Policy document published on the B2B Zone’s website.

§ 10. Copyrights

All text, photo, graphic, sound and video materials and parts thereof as well as their arrangement in the B2B Zone are subject to legal protection and constitute the Seller’s intellectual property. Their copying, distribution, modification and publication without the Seller’s written consent shall be prohibited. Some of the photo elements on the B2B Zone’s pages are the property of third parties and are protected by these entities’ copyrights.
All rights, including intellectual property rights, to the B2B Zone, its name and its Internet domain are the sole property of the Seller, and may be used only in compliance with these GTCS and applicable law.
Unless stated otherwise, all marks used in the B2B Zone are reserved by the Seller, in particular the logotype and logomark “BOBBINY”.
Any use of the trademark “BOBBINY” without the Seller’s consent shall be prohibited, in particular its use as a domain name, business designation or company name of an entrepreneur.
Information presented in the B2B Zone is provided “as is”, with no warranties, express or implied. The Seller has made every effort to ensure that the material in the B2B Zone is up-to-date and complete, but it may not be free from errors and inaccuracies. In no event shall the Seller be held liable for any direct or indirect losses resulting from the use of the B2B Zone, nor shall the Seller be held liable for any damage to Purchasers’ devices during their use of the B2B Zone or for any viruses that may infect these devices, in particular in connection with downloading any material, file, text, image, graphics, sound or video from the B2B Zone. The Seller may publish links to other websites and shall not be responsible for any material contained thereon.
No licences for use of the Seller’s intellectual property shall be made available by the Seller via the B2B Zone.
The Purchaser shall not remove labels with the trademark “BOBBINY” or any other marking of the Seller from the Goods, or place the Purchaser’s own labels and markings on the Goods.
If the Purchaser wishes to sell products with parameters different from those of the Goods purchased (e.g. in shorter pieces), the Purchaser shall mark each product with a label containing the trademark “BOBBINY”, where the label design must be approved by the Seller before the sale begins.
Any infringement of the rights referred to in this paragraph shall be subject to penalties provided for by the Criminal Code and the Copyright Law, which penalties shall be strictly enforced by the Seller.

§ 11. Protection of Trade Secrets

The Purchaser shall keep strictly confidential all commercial, financial, organisational, technological, economic and other information concerning the Seller and received during the cooperation, regardless of the form in which it was shared, if such information is not made publicly available.
The above shall not apply to a situation where the disclosure of information takes place at the request of authorised public authorities under the relevant provisions of law. If this is the case, the Purchaser shall inform the Seller about the disclosure of information immediately, no later than within 3 days.
The obligation referred to in section 1 above shall apply throughout the entire cooperation as well as for a period of 3 years after its termination.
In the event of a breach of the obligation referred to in section 1 above, the Purchaser shall pay liquidated damages of up to PLN 500,000. In addition, the Seller shall have the right to block the relevant User Account with immediate effect.
The Seller shall have the right to seek damages in excess of the stipulated liquidated damages on general terms set forth in the Civil Code.

§ 12. Final Provisions

All rights to the B2B Zone, in particular author’s economic rights, intellectual property rights to its name, Internet domain name, the B2B Zone’s website as well as to the forms, templates, content, logotypes and photos are the property of the Seller and their use shall be possible only in line with the rules stipulated herein.
All time limits provided for in GTCS and the Sales Agreement are reserved for the benefit of the Seller.
The Parties agree to exclude the application of the Purchaser’s model contracts (in particular general terms and conditions of agreements, agreement templates, regulations).
The Purchaser undertakes to notify the Seller immediately in writing of each change of the Purchaser’s registered office or place of residence and address for correspondence. If the Purchaser fails to notify the Seller accordingly, any service made to the addresses indicated in the Order or in other commercial agreements between the Seller and the Purchaser shall be deemed effective.
In matters not regulated herein, the relevant provisions of Polish law shall apply.
Should any of the provisions hereof be found invalid, this shall not affect the validity of other provisions of GTCS, and the invalid provisions shall be replaced with valid ones, as similar as possible.
The Seller and the Purchaser shall strive to resolve amicably any dispute arising in connection with the performance of agreements subject to GTCS. If no amicable settlement is possible, the court competent to resolve the dispute shall be the court having jurisdiction over the Seller’s registered office.
These GTCS are in force as of 01 June 2021.