Rawlplug eCommerce Terms and Conditions
revision of 30^th October 2023

 

1. Definitions

General Terms and Conditions of Sale – general terms and conditions of sale of commercial goods or provision of services, as may have been introduced and applied by Rawlplug, including any and all amendments thereto.

Privacy Policy – a document describing the rules for processing of personal data of customers or persons acting on behalf of the customer collected via Rawlplug eCommerce which are available on Rawlplug eCommerce website, as amended from time to time. This document also includes the information regarding the processing of personal data as referred to in Article 13 of the General Data Protection Regulation (GDPR).

Products – commercial goods (movable goods) and/or services, which are listed on Rawlplug eCommerce.

Enterprise – natural person, legal person, or organisation without legal personality but with legal capacity, which concludes the Contract in direct relation to their business and professional activity, excluding natural persons who conclude the Contract in direct relation to their business activity, where the subject-matter of the Contract imply that it is not concluded within the professional activity of that person, including but not limited to activity derived from such person’s objects of business disclosed in accordance with the provisions on the Central Register and Information on Business Activity (CEiDG).

Rawlplug – Rawlplug S.A. with its registered office in Wrocław, address: ul. Kwidzyńska 6, 51-416 Wrocław, entered into the Business Register of the National Court Register (KRS) under the number 0000033537, Tax Identification Number (NIP): 8951687880, Business Statistical Number (REGON): 932098397, holding the status of a large entreprise within the meaning of Article 4c of the Act on preventing excessive delays in commercial transactions (uniform text: Journal of Laws of 2022, item 893, as amended).

Terms – these Rawlplug eCommerce Terms and Conditions, as amended from time to time.

Terms and Conditions of Website  – terms and conditions governing the use of the website on which Rawlplug eCommerce is operated, available on Rawlplug eCommerce website, as amended from time to time.

Rawlplug eCommerce – the internet-based selling platform available at https://e.rawlplug.com or https://rawlplug.com operated by Rawlplug.

Contract – a contract for the remote sale of Products, which are commercial goods (movable goods), or a contract for the provision of Products, which are services, altogether representing the assortment of Rawlplug eCommerce, which have been concluded between the customer and Rawlplug via Rawlplug eCommerce, which is governed by these Terms.

Cooperation Agreement – individual commercial arrangements made between the customer and Rawlplug under a separate agreement, irrespective of the form in which it is concluded, particularly with regard to prices of the products or services delivered by Rawlplug, payment terms, or discounts.

2. General provisions

2.1 Rawlplug eCommerce is an online tool which allows customers to create user accounts, conclude Contracts, and receive requested commercial information regarding Products. Rawlplug eCommerce is an electronically supplied service.

2.3 Only customers which use active user accounts may conclude Contracts via Rawlplug eCommerce. There are two types of user accounts:

2.3.1  standard account, i.e. the user account which enables the customer to use standard Rawlplug eCommerce functionalities and to conclude Contracts in accordance with these Terms and General Terms and Conditions of Sale; or

2.3.2  partner account, i.e. the user account which has been verified and assigned to an existing customer account of Rawlplug’s internal sales system, whereby the customer may conclude Contracts under the terms and conditions referred to in item 2.9, make use of special offers and promotions available exclusively to such customer or of additional Rawlplug eCommerce functionalities, supplementary to the functionalities available to the user of the stadard account.

2.4 Rawlplug eCommerce may be used free of charge.

2.5 Rawlplug eCommerce operates on the website administered by Rawlplug. As a result provisions of the Terms and Conditions of Website shall apply to the extent not governed by in these Terms. By accepting these Terms one confirms having read and approved of the content of Terms and Conditions of Website, however, if there is any conflict between the provisions of these Terms and Terms and Conditions of Website, there Terms shall prevail.

2.6 Only customers which are Enterprise may use Rawlplug eCommerce, including conclude Contracts.

2.7 These Terms and the assortment of the Products presented on Rawlplug eCommerce website pertain only to the orders performed within the territory of the Republic of Poland.

2.8 To the extent not governed by these Terms, General Terms and Conditions of Sale shall apply to the Contracts concluded via Rawlplug eCommerce.

2.9 With respect to the customers using partner accounts, who have entered into the Cooperation Agreement with Rawlplug, the provisions of the Cooperation Agreement shall take precedence over the provisions contained in Section 6, 7, and 8 of these Terms to the extent in which the provisions of these Terms are incompatible with the provisions of such Cooperation Agreements.

2.10 Rawlplug may contact the customer activating the user account by phone or e-mail in all matters related to Rawlplug eCommerce, including but not limited to obtain additional information which, in Rawlplug’s opinion, is necessary to set up the customer account in Rawlplug’s internal sales system, activate the user account, change purchase data or delivery terms (e.g. delivery addresses), accept an order, process an order, and verify an authorisation to place orders on behalf of the customer. The customer hereby agrees to be contacted by Rawlplug via e-mail and/or phone.

2.11 Personal data of customers or persons acting on behalf of the customer collected via Rawlplug eCommerce are processed in accordance with the Privacy Policy.

2.12 The provisions of these Terms shall not be altered or excluded by any provision contained in an invitation to tender, commercial proposal, shipping list, invoice, order, order confirmation, and/or any correspondence exchanged between the parties, general terms and conditions of purchase, and/or rules and regulations adopted by the customer, and/or by any commercial custom or other business practice, unless such alteration has been made in writing, under pain of nullity.

3. Standard account activation

3.1 The standard account may be created (registered) on Rawlplug eCommerce and requires that an user account electronic registration form is properly completed and submitted to Rawlplug, and that user Privacy Policy and this Terms are expressly accepted by user and that user expressly consents to obtain marketing information via e-mail to his e-mail address. User’s compliance with the above requirements shall constitute necessary conditions for Rawlplug to provide its electronically supplied services as referred to in Clause 2.1 above.   

3.2 The standard account on Rawlplug eCommerce is activated via an activation link sent to the customer’s e-mail address provided in the user account registration form.

3.3 Rawlplug shall be entitled to deny or discontinue the user account activation at any time, at its sole discretion, and without the obligation to notify the customer, particularly in the event that the customer has violated these Terms and/or the Terms and Conditions of Website.

3.4 The standard account may only be used for the benefit of one customer.

3.5 Additional sub-accounts may be created under the single standard account, which may be assigned adequate permissions and authorizations levels provided by Rawlplug eCommerce. By authorising a sub-account user to place orders for Products, the customer grants the sub-account user the right to place orders and/or to take other actions in Rawlplug eCommerce for and on behalf of the customer.

3.6 Sub-accounts can only be managed via the standard account. The customer shall be fully responsible and liable for any and all actions or omissions of the sub-account users.

4. Partner account activation

4.1 The partner account may be created (registered) only by contacting a representative of Rawlplug. Rawlplug creates the partner account once the identity and/or other data of the customer or the persons acting for and on behalf of the customer have been positively verified, and then links the partner account with the Rawlplug customer account. The standard account may be converted into the partner account following the verification referred to in the preceding sentence and once the Cooperation Agreement has been concluded.

4.2 Rawlplug may, at its sole discretion, stipulate additional conditions for the partner account to be registered, including an option to create the partner account via Rawlplug eCommerce using adequate identity verification tools.

4.3 The partner account on Rawlplug eCommerce is activated via an activation link sent to the customer to the e-mail address of the primary user (administrator) of the partner account, as indicated by the customer along with all the data necessary for the first access (unless the partner account is created by converting the standard account). The customer is required to accept the Privacy Policy as well as these Terms and consent to obtain marketing information via e-mail to his e-mail address upon the first access.

4.4 Purchasing of Products on Rawlplug eCommerce under the terms and conditions referred to in item 2.9 shall be done exclusively via the partner account.

4.5 The provisions of items 3.3 and 3.6 shall apply accordingly to partner accounts.

4.6 The customer may authorise Rawlplug to place orders for Products on the customer’s behalf.

5. Placing orders and concluding a sales contract

5.1 Listing of the Products on Rawlplug eCommerce website does not constitute a public display of goods in the point of sale within the meaning of Article 543 of the Civil Code and shall not be construed as a sale offer, within the meaning of Articles 543, 66, or 661 of the Civil Code, put forward by Rawlplug. Listing of the Products shall be construed solely as an invitation to tender directed towards customers. Article 661(1–3) of the Civil Code shall not apply.

5.2 An order for Products may be placed by logging into a user account (including via a sub-account).

5.3 An order may be placed only in the Polish language, unless Rawlplug eCommerce platform allows orders to be placed in other languages.

5.4 To place an order, the customer must first select Products from the assortment of Products available in Rawlplug eCommerce, particularly in terms of their type and quantity, navigate to the Cart, and continue the ordering procedure by selecting appropriate options.

5.5 The customer may modify the order until it is formally submitted, i.e. until the order is approved by the customer by pressing the “Order with duty of payment” or similar button.

5.6 The customer’s approval of the order by pressing the “Order with duty of payment” button is possible only once all the data needed to complete the order (e.g. delivery address, method of delivery, and form of payment) have been entered and a consent to the currently effective Terms and Privacy Policy has been provided, and is tantamount to accepting the obligation to pay the sale price for the Products and their delivery costs, of which the customer is informed immediately before approving the order.

5.7 Placing an order by the customer constitutes an offer to conclude a contract of sale or provision of services with respect to the Products indicated in the order.

5.8 Once an order has been placed, a summary of the order is sent to the customer’s e-mail address provided during the registration procedure, containing, in particular, information about the number of Products ordered, order value, selected delivery and payment mode, date and place of delivery, as well as information about the procedure for submitting complaints concerning the Products. The aforementioned e-mail message constitutes an acknowledgement of Rawlplug’s receipt of the purchase offer from the customer and is not tantamount to acceptance of the offer.

5.9 Rawlplug sends a confirmation of the order acceptance or a refusal of the order acceptance to the e-mail address referred to in item 5.8. Upon receipt of the order confirmation, the Contract is formally concluded. Tacit acceptance of the customer’s offer by Rawlplug is not permissible.

5.10 Confirmation of the order acceptance is contingent on correct completing of the order form by the customer, acceptance of these Terms, submission of the order via Rawlplug eCommerce, and full payment of the price for the ordered Products, subject to item 6.5. All orders are always accepted subject to the availability of the relevant Products, and under the condition that the user has provided all appropriate data in the order form, enabling the order to be processed. Rawlplug immediately informs the customer about any stock shortages pertaining to some or all of the ordered Products, or about other obstacles related to the order processing (e.g. wrong address, failure to process payment). The customer and Rawlplug’s sales representative agree upon the method of order processing if such stock shortages or other obstacles occur (for instance: partial delivery, time extension, cancellation of the entire order), whereupon a duly modified order summary is sent by e-mail to the customer for the customer’s acceptance. Upon the customer’s acceptance, Rawlplug sends a confirmation of the order acceptance again.

5.11 The customer may withdraw the submitted order in its entirety until Rawlplug sends the confirmation of the order acceptance (item 5.9). To do so, the customer must immediately contact Rawlplug.

5.12 Rawlplug eCommerce enables submission of orders 24 hours a day, every day of the year. Orders submitted on Saturdays, Sundays, bank holidays, and on working days after 4 p.m. undergo acceptance procedure no later than on the next working day.

5.13 Rawlplug shall not be held liable for any errors occurring in Rawlplug eCommerce IT system and may refuse any and all orders vitiated by such error.

6. Price and payment

6.1 Products shall be sold or provided based on the prices quoted on Rawlplug eCommerce website, effective as of the date of confirmation of the order acceptance, plus the applicable VAT. The prices quoted are exclusive of VAT, customs duties, and other taxes payable on sale of Products (net prices). For the sake of clarity, Rawlplug may also state prices including VAT (gross prices) along with the net prices. The prices quoted on Rawlplug eCommerce website for the customers with partner accounts take the provisions of the relevant Cooperation Agreements into account.

6.2 The prices for the sale or provision of Products quoted on Rawlplug eCommerce website are exclusive of the cost of their transport (delivery) to the delivery address indicated in the order. The prices are also exclusive of the fees charged by payment operators which does not exceed the costs incurred by Rawlplug in connection with the payment method chosen by the customer. In the event that the payment method chosen by the customer involves an obligation for the customer to incur additional costs, such information shall be provided next to a selection box of payment methods.

6.3 Rawlplug reserves the right to change the prices of the Products, introduce new Products to Rawlplug eCommerce, commence, discontinue or alter promotion campaigns on Rawlplug eCommerce. Any price changes shall take effect with respect to generally applicable laws as well as the accrued rights of the customers who have concluded the Contract with Rawlplug or who made use of a promotion.

6.4 The quoted price shall become binding upon the customer’s receipt of the confirmation of the order acceptance, referred to in item 5.9, subject to its optional change in the case referred to in item 5.10.

6.5 The price for the Products ordered via Rawlplug eCommerce, along with their transport (delivery) costs and fees charged by payment operators, may be paid by bank transfer, “BLIK” system, VISA or MasterCard credit cards, via an external fast payment system, operated by AUTOPAY S.A., upon the acceptance by the customer and in accordance with terms and conditions adopted by payment operator. Payment shall be made prior to the order acceptance (payment in advance), subject to different provisions of the Cooperation Agreements. Payment shall be deemed to have been effected on the earlier of the date on which Rawlplug’s bank account is credited with funds from the customer or on the date of the transaction confirmation by the payment operator.

6.6 In order for the transaction to be processed by the payment operator, the customer is required to accept the payment operator’s terms and conditions. Rawlplug shall not be held liable for the acts or omissions of payment operators.

6.7 An invoice shall be issued against each order in accordance with the applicable laws. By submitting an order, the Customer agrees that Rawlplug may issue invoices without the recipient’s signature and send invoices by electronic means to the e-mail address stated in the Contract.

6.8 The Customer shall provide Rawlplug with information required to issue an invoice in accordance with the applicable regulations prior to the Contract conclusion.

7. Delivery

7.1 The Products, which are commercial goods, are delivered by Rawlplug to the address stated in the order. The Products, which are services, are provided at the place specified in the description of the service or at the place specified by Rawlplug.

7.2 Delivery of the Products, which are commercial goods, is free of charge where the net value of the order exceeds PLN 700, unless otherwise specified in the Cooperation Agreement.

7.3 The estimated delivery date of the ordered Products, which are commercial goods, is specified by Rawlplug in the order summary and in the confirmation of the order acceptance. The delivery date of the services is provided in their specification. Rawlplug shall not be liable for any loss, costs, damages, charges, or expenses resulting directly or indirectly from a delay in the delivery of the Products.

7.4 Order processing shall commence upon the customer’s full payment of the price, and all times regarding delivery shall commence on that date.

7.5 The Products being commercial goods shall be deemed to have been delivered upon their handover to the first carrier. The risk of accidental loss of or damage to the Products being commercial goods shall be transferred to the customer upon the handover of the Products to the first carrier. The Products being services shall be deemed to have been delivered upon their complete execution.

7.6 Rawlplug reserves the right to perform partial deliveries.

7.7 Deliveries shall only be performed within the territory of the Republic of Poland.

7.8 Rawlplug shall not be liable for any delay or failure in delivery of the Products resulting from force majeure. In the event that force majeure lasts longer than thirty (30) days, Rawlplug shall be entitled to withdraw from the Contract within sixty (60) days from the date of the order acceptance confirmation.

7.9 The Customer shall inform Rawlplug within seven (7) days from the date of receipt of the Products, which are commercial goods, any short-delivery as well as of any visible defects in the Products or other nonconformities with the Contract. In the absence of the above information, the delivery shall be deemed completed and free of visible defects.

7.10 In the event that the customer finds the Products visibly damaged upon the receipt of the Products, it is recommended that the customer draw up a damage report in the presence of the courier.

8. Complaints

8.1 Rawlplug shall be liable for physical or legal defects in a Product, which is commercial good, in the event that the defect has been discovered by the customer within twenty four (24) months from the date of delivery of such Product and existed at the time the risk for the Product was transferred to the customer, or is attributable to a cause inherent in the Product, unless the customer knew of the defect on the delivery date or failed to inform Rawlplug of the defect in due time (statutory warranty for defects). The liability under the statutory warranty for defects set forth in the Civil Code, shall be subject to the modifications described in this section.

8.2 Rawlplug shall be liable for physical defects in certain Products, which are commercial goods, to the extent of the warranty statement provided by Rawlplug under the terms and conditions set forth in the warranty document (commercial warranty) pertaining to that Product.

8.3 Rawlplug’s liability for non-performance or improper performance of the Contract with respect to the Products, which are services, shall be governed by the general provisions of law set forth in the Civil Code, subject to the following provisions.

8.4 Notifications submitted by the customer under items 8.1–8.3 (complaints) shall be processed in accordance with the provisions of this section.

8.5 Complaints concerning Products may only be submitted by means of the electronic complaint form available on Rawlplug eCommerce website or by e-mail to the e-mail address: bok.reklamacje@rawlplug.com . The customer must complete mandatory fields and attach required attachments to the complaint form. The customer must provide following mandatory information in the e-mail containing complaint: number of the sales document, idex/ean of the Product, description of defects, demands of the customer. If any of the above information is missing, the complaint is deemed not submitted.

8.6 Complaints concerning the Products, which are commercial goods, under the commercial warranty, may also be submitted via Rawlplug’s Tool Service website available at https://www.rawlplug.com/pl/serwis-narzedzi in accordance with the applicable terms and conditions.

8.7 The rights of the customer under the statutory warranty for defects expire should they fail to report a defect to Rawlplug within fourteen (14) days of its discovery.

8.8 Rawlplug shall handle the complaint and provide the customer with the results within fourteen (14) days of the next working day following the day that Rawlplug eCommerce received of the shipment containing allegedly defective goods, or in the case of the complaint referred to in item 8.6, in accordance with Rawlplug’s Tool Service terms and conditions. Where a complaint concerns Products, which are services, the above time limit shall commence on next the working day following the date of the complaint submission under item 8.5.

8.9 The decision as to how the customer’s rights under the statutory warranty are exercised shall rest solely with Rawlplug. In the event that a defect is discovered in a Product, Rawlplug may at its sole discretion either repair the Product, deliver an equal quantity of defect-free Products to replace the defective Product, apply a price reduction, or refund the entire price upon a return or without a return of the defective Product.

8.10 Within the framework of the commercial warranty (item 8.2), the customer shall be entitled to exercise their rights under the commercial warranty document accompanying the Products. The decision as to how the customer’s rights under commercial warranty are exercised shall be made in accordance with the commercial warranty document.

8.11 Under complaints for non-performance or improper performance of the Contract (item 8.3), the customer shall be entitled to claim damages in accordance with the provisions of the Civil Code.

8.12 In the event that a complaint concerning commercial goods has not been accepted, Rawlplug shall inform the customer about the grounds for refusal and shall send back the commercial goods to the customer.

8.13 The Customer hereby waives and shall not claim against Rawlplug any and all rights for defects in the Products, which are commercial goods, other than those mentioned in this section 8, and in particular, claims for non-performance or improper performance of the Contract.

8.15 Rawlplug’s liability for breach of the Contract and under a tort against the customer in connection with the Products or the Contract shall be limited to the actual damage (loss) sustained by the customer, excluding particularly any liability for loss of profits or other indirect damages. Rawlplug’s foregoing liability shall further be limited to the amount of the sale price paid for the Products to which the breach pertains. The above limitations of liability shall not apply if the damage was caused intentionally by Rawlplug.

9. Final provisions

9.1 Rawlplug hereby reserves the right to make unilateral changes and adjustments to the provisions of these Terms. Any such change shall become effective upon notifying the customer of the change to these Terms in a manner which enables the customer to familiarize themselves with the content thereof.

9.2 Complaints concerning the functioning of Rawlplug eCommerce website may be submitted by electronic means, i.e. via e-mail, or by phone. Contact details can be found in the customer panel after signing-in the user account.

9.3 The complaint should contain the following information: customer data, e-mail address, and a description of the problem providing the grounds for the complaint. The foregoing includes the date and type of a nonconformity.

9.4 Complaints shall be considered by Rawlplug within fourteen (14) working days of the complaint submission.

9.5 Any disputes between customers and Rawlplug shall not be subject to out-of-court alternative dispute resolution (ADR).

9.6 All individual and additional arrangements between Rawlplug and the customer shall be made in writing, on pain of nullity, unless otherwise expressly stated in these Terms.

9.7 In the event that any provision of these Terms proves to be invalid or ineffective, such provision shall be replaced by a valid or effective provision reflecting the original intent of the parties in the best manner possible, and along with the remainder of these Terms it shall govern the relationship between the customer and Rawlplug.

9.8 These Regulations and Contract shall be governed by the laws of Poland.

9.9 Polish courts competent for the seat of Rawlplug shall have exclusive jurisdiction to finally settle disputes between Rawlplug and the customer in connection with the Contract or these Terms. Irrespective of the foregoing, Rawlplug shall also be entitled to bring an action against the customer before a court of general jurisdiction.