TERMS AND CONDITIONS OF THE B2B SALES PLATFORM FOR A FOREIGN CUSTOMER [UPDATE 27.10.2023]
I. General Information
1. This regulation sets out the terms and conditions for making purchases on the B2B sales platform available on the website https://b2b.momi.pl/en-gb, operated by TelForceOne S.A. based in Poland, in Wrocław (50-428), ul. Krakowska 119, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Division under the KRS number: 0000232137, NIP: 8981967851, REGON: 932674375. The regulation also includes provisions governing the delivery of products available in the B2B sales platform offer.
2. The regulation is continuously available on the B2B sales platform accessible on the website https://b2b.momi.pl/en-gb, in a way that allows the Entrepreneur to reproduce and record its content at any time.
3. The terms used in the Regulation mean:
For the sake of convenience, the following terms are introduced:
- Entrepreneur's Account - an electronic service provided through the B2B sales platform allowing the Entrepreneur to create a resource in the Seller's IT system marked with an individual name and password provided by the Entrepreneur, which enables the Entrepreneur, after logging in, to save and store the Entrepreneur's address data, Order history, information on marketing consents.
- Entrepreneur - in accordance with Article 43 [1] § 1 of the Civil Code, this is a natural person, legal person, and organizational unit referred to in Article 33 [1] § 1 of the Civil Code, conducting business or professional activities in its own name, making purchases on the B2B sales platform for professional purposes.
- Privileged Entrepreneur - a natural person concluding an agreement directly with the Seller directly related to its economic activity, when it results from the content of this agreement that it does not have a professional character for it, arising in particular from the subject of its economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity. B2B sales platform - the platform to which this Regulation applies, available at https://b2b.momi.pl.
- B2B sales platform - the platform to which this Regulation applies, available at https://b2b.momi.pl/en-gb.
- Seller - TelForceOne S.A., based in Wrocław (50-428) at ul. Krakowska 119, entered in the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Department under KRS number 0000232137, NIP 898-196-78-51, REGON 932674375, with share capital of PLN 8,195,848, being the operator of the B2B sales platform.
- Goods - a movable item available on the B2B sales platform, which is the subject of the Order.
- Order - a declaration of will submitted by the Entrepreneur through means of distance communication, constituting an offer to conclude a sales agreement with the Seller, specifying the Goods or Goods to which the Entrepreneur submits an offer to conclude a sales agreement
4. Only Entrepreneurs conducting business activities and legal persons or organizational units with legal capacity registered in the registration systems of entrepreneurs in accordance with the applicable law can make purchases on the B2B sales platform. The aforementioned Entrepreneurs must also be registered counterparties of the Seller.
5. The B2B sales platform is not intended for privileged Entrepreneurs or consumers within the meaning of Art. 22 (1) of the Civil Code.
6. To make purchases through the B2B sales platform, it is necessary to: register by completing the registration form, available at: https://b2b.momi.pl/en-gb/register-company-data, and attach documents certifying the conduct of business activity.
7. Each Entrepreneur who has registered on the B2B sales platform is assigned a sales representative acting on behalf of the Seller.
8. All information regarding the protection of personal data is available in the Privacy Policy at: https://b2b.momi.pl/en-gb/doc/103/privacy-policy.
II. Orders and Prices of Goods
1. Orders can be placed:
2. The prices of Goods are visible only after logging in to the B2B sales platform.
3. The prices of Goods are visible as net or gross prices, depending on the settings chosen by the Entrepreneur.
4. The Entrepreneur receives a VAT invoice or a receipt for the purchased Goods. The Seller issues a VAT invoice to all Entrepreneurs with a VAT number, unless the Entrepreneur expresses a preference for a receipt to their sales representative by sending an e-mail or adding a short message in the Order comments.
III. Payment Methods
1. Depending on the purchase history and the length of cooperation, the Seller may offer the Entrepreneur using the B2B sales platform the following payment methods, depending on the purchase history and the length of cooperation:
1.1. Prepayment - to the bank account indicated during the Order placement by the Seller..
1.2. Payment card including Google Pay / Apple Pay service. This form of payment is available after issuing a sales document for the previously placed Order.
1.3. Traditional transfer - to the account number provided on the invoice issued by the Seller (trade credit).
2. In the case of card payments, the transaction is settled through the operator Przelewy24 - PayPro S.A. (ul. Kanclerska 15, 60-327 Poznań). Access to this form of payment is possible on the B2B sales platform in the section: My Account > Payments.
3. When choosing the payment method mentioned in point 1.2., an additional cost (transaction fee) is charged, amounting to:
- payment cards, Google Pay / Apple Pay in € (euro) - 0.69% / transaction
- payment cards, Google Pay / Apple Pay in £ (British pound) - 0.89% / transaction
- payment cards, Google Pay / Apple Pay in $ (dollar) - 2.4% / transaction
4. The amount to be paid and the cost of the transaction fee specified in point 3. are determined each time before starting the payment process.
5. In the case of choosing the payment channel indicated in point 1.2., the transaction fee will be automatically charged from the Entrepreneur during the payment process.
6. After completing the payment process using the method referred to in point 1.2., the Entrepreneur will receive an e-mail from the operator Przelewy24 - PayPro S.A. confirming the transaction.
7. The payment operator specified in point 1.2., will also send a confirmation message of the transaction, including a link to the form - filling it out will enable Przelewy24 - PayPro S.A. to issue a VAT invoice for the transaction fee collected.
8. Regardless of the chosen payment method, the Entrepreneur is obliged to make payments for the ordered Goods on time.
IV. Forms and Time of Delivery
1. Goods ordered through the B2B sales platform are sent via the carrier Kuehne+Nagel International AG, DB Schenker, Raben, or other carriers offering their services in the respective territory.
2. The Seller solely decides on the choice of a specific courier company to fulfill the Order, unless individual arrangements with the Entrepreneur state otherwise.
3. The lead time for an Order placed on business days may take up to 96 hours and does not include the time for the Carrier to deliver the Goods.
4. In the case of Orders placed on public holidays or holidays, the Order fulfillment time is counted from 9:00 am on the next working day.
5. The current status of the dispatched shipment can be tracked by logging into the B2B sales platform in the My Account > Orders.
V. Delivery Costs for Shipments Outside the Territory of the Republic of Poland (international shipments)
1. In the case of delivery of Goods abroad, the terms and delivery costs are determined individually with the Entrepreneur.
VI. Technical Requirements
1. The minimum technical requirements for using the B2B sales platform are a device connected to the Internet with an installed web browser Chrome, Firefox, Microsoft Edge, Safari, or Opera (the latest available version is recommended) and supporting the storage of "cookies" data and the Javascript language.
2. The Seller is not responsible for technical problems related to the faulty functioning of the electronic equipment owned by the Entrepreneur, or for the lack of parameters enabling the Entrepreneur to receive data.
3. The Seller is not responsible for the risk associated with the Entrepreneur's use of services provided electronically. In particular, the Seller is not liable for any damage not resulting from its fault or negligence, and also for such damage, the exclusive cause of which is the action of the Entrepreneur or third parties for whom the Seller is not responsible.
4. The entity using the B2B sales platform is obliged not to place any unlawful content on this site.
VII. Personal Data
1. Personal data provided by the Entrepreneur is processed by the Seller as the administrator of personal data.
2. Providing personal data by the Entrepreneur is voluntary but necessary for the conclusion of a sales agreement and the provision of other services by the Seller.
3. Detailed rules for the processing of personal data by the Seller are contained in the Privacy Policy available at: https://b2b.momi.pl/en-gb/doc/103/privacy-policy and constitute an integral part of this Regulation.
VIII. Newsletter
1. The entrepreneur may, on the B2B sales platform, provide their email address for the purpose of subscribing to the Newsletter.
2. The Newsletter service involves sending information about new Goods and promotions available on the B2B sales platform to the email address indicated by the Entrepreneur.
3. By subscribing to the Newsletter, the Entrepreneur agrees to receive commercial information via electronic communication means, in accordance with the Act of July 18, 2002, on the provision of electronic services, to the email account provided by the Entrepreneur. This includes other email accounts to which correspondence from the provided email account may be forwarded, as well as the use of telecommunications end devices and automatic calling systems for direct marketing purposes, as defined by the Act of July 16, 2004 - Telecommunications Law.
4. The consents referred to in paragraph 3 above are voluntary, although necessary to use the Newsletter service.
5. The Newsletter service is provided for an indefinite period. The Entrepreneur may, at any time and without stating a reason, unsubscribe from the Newsletter service and request the removal of their email address from the subscriber list by sending a relevant message to the email address: office@momi.pl. This will result in the termination of the contract for the provision of the Newsletter service without the requirement of observing a notice period. The Seller will remove the Entrepreneur's email address from the subscriber list within a period not exceeding 5 business days.
IX. Additional provisions
1. All information concerning the conditions for submitting complaints is available at: https://b2b.momi.pl/en-gb/doc/114/complaints.
2. Goods and services presented on the B2B sales platform do not constitute an offer within the meaning of the Civil Code. The presentation is solely an invitation to commence negotiations, as per Article 71 of the Civil Code. If there are any doubts, please contact the Customer Service Office before placing an order. We reserve the right to decline orders for valid economic reasons.
3. The B2B sales platform is intended solely for Entrepreneurs to purchase Goods. Therefore, Entrepreneurs do not have the rights granted to consumers or privileged entrepreneurs under specific regulations.
4. Despite making every effort, the Seller cannot guarantee that the published technical data, descriptions, photos, and specifications of the Goods are free from minor discrepancies. Any discrepancies cannot serve as a basis for any claims by the Entrepreneur.
5. The Seller reserves the right to amend these Regulations for valid reasons, particularly due to changes in the law or technology. All Orders accepted by the Seller for fulfillment before the new Regulations come into force will be executed based on the Regulations in force on the day the Order was placed by the Entrepreneur. Amendments to the Regulations will come into force within 7 days of being published on the B2B sales platform. The Seller will inform the Entrepreneur 7 days before the new Regulations come into force by sending an electronic message containing a link to the text of the amended Regulations. If the Entrepreneur does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, leading to the termination of the contract for the provision of electronic services concerning the maintenance of the Entrepreneur's Account and the Newsletter service.
6. All information, data, and materials provided on the B2B sales platform, including but not limited to names, logos, price lists, color schemes, website layout, and any other intellectual property rights related to the content of the web pages, belong to the Seller and are protected by copyright, trademark rights, database rights, or other intellectual property rights.
7. These Regulations come into force on 27.10.2023.
8. For any questions or doubts regarding the Regulations, please send any comments to the email address: sales@momi.pl.
