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  2. Wholesale Regulations

Wholesale Regulations

BOLF.EU ONLINE SHOP WHOLESALE REGULATIONS

I. Definitions

  • The terms used in the Regulations mean:
  • 1.1 Regulations – the hereby Regulations.
  • 1.2 Online Shop (Shop) – the Internet website accessible at www.bolf.eu that offers Goods, which can be included in the order of the Wholesaler.
  • 1.3 Goods – products presented in the Online Shop.
  • 1.4 Civil Code – the Act of 23 April 1964 of the Polish Civil Code (Journal of Laws 2017, item 459).
  • 1.5 Wholesaler – a natural person, a legal person or an organizational unit not being a legal person with legal capacity granted by a separate law, who is not a consumer within the meaning of Art. 221 of the Civil Code placing an Order for Goods for purposes of further resale who has formally acquired such a status.
  • 1.6 Purchase Agreement – a sale agreement of Goods, as defined in the Civil Code, concluded between Bolf Sp. z o.o. and the Wholesaler.
  • 1.7 Order – a declaration of will of the Wholesaler leading directly to entering a Purchase Agreement and specifying, in particular, the type and quantity of the Goods.
  • 1.8 The Law on Providing Services by Electronic Means – The Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2016, item 1030, as amended).

II. General provisions

  • 2.1 The hereby Regulations determine the rules of placing an Order and selling Goods to the Wholesaler by "BOLF SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ" located at Kożuchowska 32, Zielona Góra, Poland, registered in the National Court Register - Register of Entrepreneurs by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register under KRS number: 0000518284, NIP PL9291861064 REGON 081225888, e-mail address: shop@bolf.eu, hereinafter referred to as the Seller.
  • 2.2 The hereby Regulations refer to Art. 8 of the Act on Providing Services by Electronic Means.
  • 2.3 In order to purchase the Goods, the IT system used by the Wholesaler has to fulfil the minimal requirements:
    • a. optional web browsers: Internet Explorer, Firefox, Mozilla, Google Chrome, Opera, Safari;
    • b. the minimal screen resolution 1024 x 768;
    • c. Java Script.
  • 2.4 To place the Order, the Wholesaler shall, in his own capacity, obtain access to a computer station or an end device, with Internet connection.
  • 2.5 The Wholesaler has the right to access the hereby Regulations at any time via the link located at www.bolf.eu/Wholesale-Regulations-cterms-eng-573.html, download and print it.
  • 2.6 The information about the Goods provided on the website of the Online Shop, in particular, their descriptions, technical and utility parameters and prices, are an invitation to submit a purchase offer to conclude a purchase agreement within the meaning of Art. 71 of the Civil Code.
  • 2.7 The Seller is the owner of all content contained within the Online Shop, including product images, graphics, logos, descriptions of the products available in the Shop, and has full copyright. The Seller has also the appropriate licenses to the images used in creating advertising content. The use, without the Seller’s permission in any way, including copying, modifying, sharing, publishing and using any content contained within the Shop in order to sell products, including product images, graphics, logos, descriptions of the products available in the Shop, images used in creating advertising content of the Seller is forbidden and is subject to criminal liability. The Seller does not allow to use, disseminate and distribute them without his knowledge and written consent under penalty claims for copyright infringement, committing theft of intellectual property and damages.

III. The procedure of concluding a purchase agreement and order realization

  • 3.1 Only the Wholesaler may conclude the Purchase Agreement in order to resell the Goods.
  • 3.2 In order to purchase the Goods as the Wholesaler, it’s required to place the Order by filling the form and submitting a registration form available at the website or by sending a registration e-mail to shop@bolf.eu indicating the following information: full name of the Wholesaler, personal details of a contact person, delivery address, NIP (Tax ID Number), phone number/e-mail, Goods that the Wholesaler wants to order, their quantity and submitting the statement referred to in section 4.
  • 3.3 To place the Order successfully, it’s required to read and accept the hereby Regulations, make a statement about the Wholesaler’s obligation of not using, without the Seller’s permission in any manner, including copying, modifying, sharing, publishing and using any content contained within the Shop in order to sell products, including product images, graphics, logos, descriptions of the products available in the Shop, images used to create advertising content of the Seller under penalty claims for copyright infringement, committing theft of intellectual property and damages.
  • 3.4 The confirmation of acquaintance and approval of the hereby Regulations and submitting the statement referred to in section 3 of the hereby Regulations is made through the registration form by checking the appropriate box, in the registration e-mail by submitting the following statements:
    • 1) I declare confirming that I have read and accepted the hereby Regulations;
    • 2) I declare not to use, without the Seller’s permission, in any manner, including copying, modifying, sharing, publishing and using any content contained within the Shop in order to sell products, including product images, graphics, logos, descriptions of the products available in the Shop, images used in creating advertising content under penalty claims for copyright infringement, committing theft of intellectual property and damages.
  • 3.5 After the Order has been placed, the Seller verifies the availability of the ordered Goods and sends an e-mail to the Wholesaler with the order confirmation with the following details:
    • 1) the availability of the ordered Goods on the order date, provided that the availability of the ordered goods may change until accounting the payment referred to in Chapter VII, section 3 or until the date of the advance payment, referred to in Chapter VII, section 3, as defined in Chapter VII, section 4;
    • 2) subject of the order;
    • 3) unit and total price of ordered products and delivery costs;
    • 4) discount amount;
    • 5) selected payment method;
    • 6) delivery address;
    • 7) selected delivery method;
    • 8) delivery time;
    • 9) the need of order confirmation.
  • 3.6 Upon receiving by the Wholesaler the order confirmation via e-mail sent by the Seller, to execute the Order, the Wholesaler is to send an e-mail to shop@bolf.eu confirming the Order in which he makes an obligation to pay.
  • 3.7 After the final confirmation of the Order, the Wholesaler shall receive from the Seller an e-mail confirming the order realization.
  • 3.8 Any questions regarding the Order shall be directed to the e-mail address shop@bolf.eu.
  • 3.9 The confirmation e-mail sent by the Wholesaler is a declaration of intent to conclude the Purchase Agreement with the Seller, in accordance with the hereby Regulations.
  • 3.10 The Purchase Agreement is concluded in English, in accordance with the hereby Regulations.
  • 3.11 Consolidating, securing, sharing and confirming to the Wholesaler the relevant provisions of the Purchase Agreement of Goods shall take place by sending to the given e-mail address of the Wholesaler and by attaching the VAT invoice to the order.
  • 3.12 The Seller is entitled to deprive the Wholesaler of the right to order the Goods immediately in the event of infringement of the hereby Regulations by the Wholesaler, and in particular when the Wholesaler:
    • 1) has provided inaccurate, outdated, misleading or infringing information or violating legal rights of the third parties;
    • 2) has broken the obligation referred to in Chapter 3, section 4, point 2 of the hereby Regulations;
    • 3) has behaved in such manner that is considered by the Seller as inconsistent with the applicable law or the general rules of Internet usage or damaging the Seller’s good name.
  • 3.13 The Wholesaler, who has been deprived of the right to order the Goods, is no longer able to register again without the Seller’s prior permission.
  • 3.14 The Wholesaler is obliged, in particular:
    • 1) not to share or transmit the content prohibited by law, such as content promoting violence, defamation or violating personal rights and any other rights of third parties;
    • 2) to place the Order in a way that does not interfere with its operation, in particular by using specified software or devices;
    • 3) not to take any action, such as: sending or inserting, within the order process, unsolicited commercial information (spam);
    • 4) to place the Order in a way that is undisruptive for other Wholesalers and the Seller;
    • 5) to use content contained within the Shop only for personal use;
    • 6) not to use, without the Sellers permission in any manner, including copying, modifying, sharing, publishing and using any content contained within the Shop in order to sell products, including product images, graphics, logos, descriptions of the products available in the Shop, images used in creating advertising content under the penalty claims for copyright infringement, committing theft of intellectual property and damages.
    • 7) to place the Order in accordance with the provisions of law applicable on the territory of the Republic of Poland, the provisions of the hereby Regulations, as well as the general rules of Internet usage.

IV. Personal data

  • 4.1 The database administrator of the Wholesalers is the Seller.
  • 4.2 Accepting the hereby Regulations is unequivocal to allowing processing of the personal data given in the registration form or registration e-mail, in order to execute the Purchase Agreement and to transfer it to third parties, with whom the database administrator has entered into an agreement for delivering the ordered Goods to the extent necessary for the Purchase Agreement execution.
  • 4.3 Personal data of the Wholesalers are secured in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2016, item 922), Act of 18 July 2002 on Providing Services by Electronic Means (i.e. Journal of Laws of 2016, item 1030, as amended), Regulation of the Minister of Interior and Administration of 29 April 2004 on documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used to process personal data (Journal of Laws No. 100, item 1024).
  • 4.4 In the case of data subject to protection pursuant to the Personal Data Protection Act of August 29, 1997 (Journal of Laws of 2016, item 922), every Wholesaler shall have the right to access the provided information and to correct it through the website and via e-mail after the verification procedure of the Wholesaler. Contact details are available in the Contact subpage on www.bolf.eu. In addition, the Wholesaler is entitled to control the processing of personal information provided by him in accordance with the rules set out in the above law, including in particular the right to bring, in the cases mentioned herein, a written motivated request to cease processing of his data due to his particular situation and has the right to object to processing of his data in the cases mentioned herein.
  • 4.5 During registration or later, the Wholesaler has the right to agree, by checking [X] "I want to receive an e-mail newsletter" or/and "I want to receive an SMS newsletter", to send him commercial information by electronic means, which is unequivocal to the consent of processing of personal data by the Seller, to carry out direct marketing of own products. The mentioned permission can be revoked at any time.

V. Intra-community acquisition of goods for EU VAT taxpayers

  • 5.1 The action/transaction is considered as intra-community acquisition of goods when all of the following conditions are fulfilled:
    • 1) the Goods are exported from the country, understood as the territory of the Republic of Poland, pursuant to provisions of Art. 7 of the Tax Law applicable in a member state other than the territory of the Republic of Poland;
    • 2) in case of an Order with delivery to Poland, the Wholesaler shall send the Seller an e-mail to shop@bolf.eu with the relevant declaration of export of the Goods abroad, specifying the form of exporting, such as the information on the vehicle used to export the Goods;
    • 3) the transaction has been made to the contractor, who is a VAT payer identified for the purposes of intra-community acquisition of goods within the EU.
  • 5.2 The contractor, within the meaning of intracommunitary transaction, is either a VAT taxpayer identified for the purposes of the intracommunitary transaction on the EU territory (i.e. has a valid EU VAT number) or a natural or legal person not being a VAT taxpayer identified for the purposes of the intracommunitary transaction on the EU territory (i.e. has a valid EU VAT number).
  • 5.3 In order to make an intra-community acquisition of goods, please select 'Company' in the buyer details part, choose the destination country and select the option 'I am a EU VAT taxpayer. I order without VAT and commit to pay it on the territory of my country'. After positive verification of the details of the contractor, including EU VAT number, the invoice will be issued with 0% VAT in accordance with the law.

VI. Delivery

  • 6.1 The delivery of Goods is made to the countries given on this page, to the address specified by the customer while placing the order.
  • 6.2 The delivery of ordered Goods is made by the means of DPD courier service on the territory of the Republic of Poland, the delivery to other countries within the European Union is made by DHL and PPL courier services and by Poczta Polska outside the European Union.
  • 6.3 The time and costs of delivery of the Goods depend on the form of delivery chosen by the Wholesaler and the terms and conditions of the courier service chosen by the Wholesaler among the ones made available by the Seller.

VII. Prices and payment methods

  • 7.1 The prices of Goods are given in Euro, include VAT (with specified rate) and do not include information on delivery costs, which the Wholesaler is provided with by the Seller in the e-mail confirming the order referred to in Chapter III, section 5, p.3 of the hereby Regulations.
  • 7.2 The Wholesaler is entitled to make the payment in EUR:
    • 1) via bank transfer: DE21870700240826110901;
    • 2) via PayPal system;
    • 3) via credit cards: Visa, Mastercard. The credit card is charged on the following day of placing the Order.
  • 7.3 Cash on delivery orders are not acceptable by the Seller.
  • 7.4 The payment date is the day of accounting the price of the ordered Goods and delivery costs and other possible costs on the bank account, stated in section 2, p.1, PayPal account or the day of charging the credit card referred to in section 2, p.3.
  • 7.5 In the event when by the end of the day of making the payment, referred to in section 4, the availability of the ordered Goods will change, the Seller shall inform the Wholesaler about this fact via e-mail including the availability of the ordered Goods, the unit price, the total price of the products and delivery costs.
  • 7.6 In the case referred to in section 5, when the Wholesaler has paid the full price for the Goods, the Seller shall reimburse the Wholesaler the excessive amount paid for the ordered Goods, which is the difference between the paid price and the price for the eventually available Goods, within 14 days since making the payment by the Wholesaler in accordance with section 4.

VIII. Exclusion of warranty

  • 8.1 According to Art. 558, paragraph 1 of the Civil Code, the liability of the Seller for the warranty of Goods toward the Wholesaler is excluded.
  • 8.2 The Seller is not the manufacturer of Goods. The manufacturer is liable for the warranty of the sold Goods under the terms and within the period indicated in the warranty card. If the warranty document provides such a possibility, the Wholesaler is entitled to make claims under the warranty at an authorized service center given on the warranty card.

IX. Complaints regarding the provisions of services by electronic means

  • 9.1 The Seller undertakes actions in order to provide the proper work of placing Orders, to the extend of the current technical knowledge and shall amend all irregularities reported by the Wholesalers, in a reasonable time.
  • 9.2 The Wholesaler is obliged to inform the Seller promptly about any irregularities concerning placing an Order.
  • 9.3 Irregularities associated with placing an Order can be submitted in writing by the Wholesaler to Bolf Sp. z o.o., ul. Kożuchowska 32, 65-364 Zielona Góra, Poland or by e-mail to: shop@bolf.eu.
  • 9.4 In a complaint, the Wholesaler should give his first and last name, address for correspondence, the description and date of occuring of the irregularities concerning placing an Order.
  • 9.5 The Seller is obliged to examine each complaint within 14 days or inform the Wholesaler about a new date of examination if the primary happened to be impossible.

X. Final provisions

  • 10.1 Settlement of any disputes arising between the Seller and the Wholesaler is subject to proper courts regarding the location of Bolf Sp. z o.o. headquarters.
  • 10.2 In matters not regulated herein, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other provisions of Polish law shall be applied.
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