Terms and conditions of the online store Wholesale Fortrade

specifying, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the Consumer's rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Sample withdrawal form

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. gen. Jarosława Dąbrowskiego 70, 32-600 Oświęcim
2. E-mail address: fortrade.biuro@gmail.com
3. Phone: 735528298
4. Address for returning goods (in the event of withdrawal from the contract): ul. Kolbego 7, 32-600 Oświęcim
5. Address for sending the complained goods: ul. Kolbego 7, 32-600 Oświęcim
6. The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider whose services the Buyer uses. The Seller points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store you need:
   • a device with Internet access
   • a web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

1. Product prices visible in the Store are the total prices for the product.
2. The Seller points out that the total price of the order consists of the price indicated in the Store for the product and, if applicable, the costs of delivery of the goods.
3. The product you select for purchase should be added to the shopping cart in the Store.
4. Then, the Buyer selects the method of delivery of the goods and the method of payment for the order from the options available in the Store, and also provides the data necessary to complete the placed order.
5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
6. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
7. In order to make purchases in the Store, you must register in the Store, i.e. create an Account there.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. regular transfer to the Seller's bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via the payment platform:
      • Autopay
   4. cash on delivery, i.e. by card or cash upon delivery of the goods to the Buyer;
2. In case of choosing to pay via the Autopay payment platform, the entity providing online payment services is Autopay SA
3. If the Buyer chooses to pay in advance, the order must be paid for within 5 Business Days of placing the order.
4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 ORDER FULFILLMENT

1. The order fulfillment deadline is indicated in the Store.
2. If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid for.
3. In a situation where the Buyer has purchased products with different delivery times within one order, the order will be fulfilled within the time appropriate for the product with the longest delivery time.
4. Countries in which delivery is made:
   • Poland
   • Germany, Czech Republic, Slovakia, Lithuania, Latvia, Estonia, France, Bulgaria, Romania, Hungary, Italy, Spain, Netherlands, Belgium, Great Britain, Ireland, Sweden, Denmark, Norway, Croatia, Slovenia
5. The following delivery methods are available in the Store:
   1. via a courier company;
   2. via the Polish Post;
   3. to InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the date:
   1. on which the privileged buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged buyer came into possession of the goods;
   2. on which the privileged buyer took possession of the last goods, batch or part or on which a third party, other than the carrier and indicated by the privileged buyer, took possession of the last goods, batch or part, in the case of a contract requiring the transfer of ownership of several goods that are delivered separately, in batches or in parts.
3. In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
4. A privileged buyer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
5. In order to meet the withdrawal period, it is sufficient for the privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the expiry of the withdrawal period.
   
   CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the method of delivery chosen by the privileged Buyer other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise the right to withdraw from the contract.
7. The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in each case, the Privileged Buyer will not incur any fees in connection with this refund.
8. If the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he is provided with proof of their return, depending on which event occurs first.
9. The Seller requests that the goods be returned to the following address: ul. Kolbego 7, 32-600 Oświęcim immediately, and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends the goods back before the expiry of the 14-day period.
10. The privileged buyer bears the direct costs of returning the goods.
11. The privileged buyer is only liable for a reduction in the value of the goods resulting from using them in a manner other than necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods cannot be returned by regular post due to their nature, the privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed by the Seller about the estimated amount of these costs in the description of the goods in the Store or when placing the order.
13. In the event of the need to return funds for a transaction made by a privileged Buyer with a payment card, the Seller will make a refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right to withdraw from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply in relation to a contract:
   1. where the subject of the provision is a non-prefabricated product, manufactured according to the specifications of the privileged Buyer or intended to meet his individual needs;
   2. where the subject of the service is goods that spoil quickly or have a short shelf life;
   3. where the subject of the service is goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
   4. where the subject of the provision are goods which after delivery, due to their nature, are inseparably connected with other things;
   5. where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery;
   6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
   7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract, as provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
3. If a warranty has been granted for the product, information about it and its terms is available in the Store.
4. The Seller will respond to the complaint within 14 days of its receipt.

II. PRIVILEGED BUYERS

1. Goods
   1. In the event of non-conformity of the goods with the contract, the privileged Buyer has the option of exercising the rights specified in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is revealed within two years of that time, unless the expiry date of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the privileged Buyer may request:
      1. exchange of goods,
      2. repair of goods.
   4. Additionally, the privileged buyer may submit a declaration of:
      1. price reduction,
      2. withdrawal from the contract
      in a situation where:
      • The seller refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
      • The seller failed to bring the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract persists despite the fact that the Seller has tried to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified in Article 43d of the Consumer Rights Act;
      • it clearly follows from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Privileged Buyer.
   5. In the case of goods subject to repair or replacement, the privileged Buyer should make this goods available to the Seller. The Seller collects the goods from the privileged Buyer at its own expense.
   6. A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
   7. In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the address ul. Kolbego 7, 32-600 Oświęcim. The Seller shall return the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
   8. The Seller shall return to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's statement on the price reduction.
2. Extrajudicial methods of handling complaints and pursuing claims
   1. The Seller informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes. The Consumer may use, among others:
      • assistance of the appropriate European Consumer Centre from the European Consumer Centres Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
      • the ODR (Online Dispute Resolution) online platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      In addition, in the Republic of Poland you can use the following forms of support:
      • mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
   2. The previous provision is informative and does not constitute an obligation for the Seller to use extrajudicial means of dispute resolution.
   3. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
   4. The consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. For the avoidance of doubt, the Seller points out that the provision of § 11 section 7 shall apply to the Seller's liability towards a Buyer other than a privileged Buyer, related to a complaint.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and bases of data processing, as well as recipients of data - can be found in the privacy policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - " GDPR ".
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
   • the contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR),
   • the Seller's legal obligation related to accounting (Article 6, Section 1, Letter c of the GDPR) and
   • the legitimate interest of the Seller consisting in processing data for the purpose of determining, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
   1. the contract concluded between the Buyer and the Seller will cease to be valid;
   2. the Seller will no longer have a legal obligation to process the Buyer's data;
   3. the possibility of pursuing claims by the Buyer or Seller related to the contract concluded by the Store will cease;
   4. the Buyer's objection to the processing of his personal data will be accepted - if the basis for the data processing was the legitimate interest of the Seller
   – depending on what applies in a given case.
5. The buyer has the right to request:
   1. access to your personal data,
   2. their corrections,
   3. removal,
   4. processing restrictions,
   5. transferring data to another administrator
      as well as the right to:
   6. to object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the Seller).
6. In order to exercise his/her rights, the Buyer should contact the Seller using the details from § 2 of the Regulations.
7. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

1. The Buyer is prohibited from providing content of an illegal nature.
2. Each time an order is placed in the Store, it constitutes a separate agreement and requires separate acceptance of the Regulations. The agreement is concluded for the time and purpose of order fulfillment.
3. All agreements concluded on the basis of these Regulations are subject to the provisions of Polish law, subject to paragraph 4.
4. The choice of Polish law for contracts concluded on the basis of the Regulations with the Consumer does not waive or limit the rights of this Buyer, which are granted to him under the mandatory provisions of law, which are applicable to the Consumer in situations where there is no choice of law. This means in particular that if the national regulations applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law - this broader protection shall apply.
5. Agreements concluded pursuant to the Regulations are concluded in Polish.
6. In the event of a dispute with a Buyer who is not a privileged Buyer, related to the contract concluded via the Store, the competent court will be the court having jurisdiction over the Seller's registered office.
7. Any liability of the Seller towards a Buyer who is not a privileged Buyer, under a contract concluded via the Store - to the extent permitted by law - is excluded.