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General terms and conditions

Terms of Use of Javro Group Website

§ 1. Definitions

The definitions used in the Terms of Use of Javro Group Website shall have the following meaning:

1. JAVRO 2 – JAVRO 2 Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Katowice at ul. Zbożowa 10, entered into the National Court Register kept by the District Court Katowice-Wschód in Katowice, 8th Economic Division of the National Court Register, under KRS Number 0000335460, National Business Registry Number REGON: 241243380, Tax Identification Number NIP: 9542681366, share capital: PLN 2,573.400.00;

2. Contractor – an entrepreneur within the meaning of Article 431 of the Civil Code, cooperating with JAVRO2 on the basis of a cooperation agreement and whose Product is presented as part of Javro Group Website;

3. Javro Group Website - organized IT and information platform kept by JAVRO2, available on webpage: http://www.javro.pl through which the User can use Javro Group Services;

4. Goods – products or service presented on Javro Group Website that can be ordered and purchased by the User from the Contractor;

5. Agreement on provision of services by electronic means/Agreement - agreement on provision of Javro Group Services on Javro Group Website concluded for an indefinite period between the User and JAVRO2 in the mode specified in the Terms of Use, the subject of which consists in the provision of Javro Group Services in the scope and on the terms specified in the Terms of Use;

6. Sales Agreement – an agreement for the sale of Goods as defined in provisions of the Civil Code, concluded between the Contractor and the User;

7. Javro Group Services/Services - functionality of Javro Group Website enabling the User, in particular, to browse free of charge the range and prices of Goods, configure the Goods and to submit Inquiries to the Contractor regarding the configured Goods;

8. User – a natural person, a legal person or an unincorporated organizational unit, conducting business or professional activity on behalf of itself, or acting on behalf of the above entities, using the Services provided on Javro Group Website.

9. Inquiry – information about the basic terms and conditions of the Sales Agreement that does not constitute an offer as defined in the Civil Code.

§ 2. General Provisions

1. The use of Javro Group Website by the User shall mean implementation of the Agreement on provision of services by electronic means in accordance with the provisions of the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Journal of Laws of 2017, item 1219, as amended).

2. The Terms of Use specify the type, scope and terms of providing Javro Group Services through Javro Group Website, in particular in the field of submitting an Inquiry to the Contractor in order to conclude a Sales Agreement, as well as the rules and procedure of complaints.

3. The Terms of Use are available free of charge via Javro Group Website in a manner allowing any person to download, fix and print it at any time and retrieve it in an unchanged form.

4. The use of Javro Group Website by the Users shall be free of charge.

5. The name of Javro Group Website, its concept, graphic design and databases are the property of JAVRO2 and are protected by law.

6. Photos, descriptions and pricing of the Goods placed on the Javro Group Website shall not constitute an offer within the meaning of Article 66 of the Civil Code, and shall only be an invitation to submit offers for the conclusion of agreement on the provision of these Services within the meaning of Article 71 of the Civil Code.

§ 3. Conclusion and termination of the Agreement

1. The Terms of Use shall constitute an integral part of the Agreements on provision of services by electronic means concerning provision of Javro Group Services concluded by JAVRO2 with the User. The start of using the Services covered by the Terms of Use and expression of consent to comply with the Terms of Use when launching the Service using Javro Group Website shall be equivalent to full acceptance of these Terms of Use and to conclusion of an agreement on the provision of these Services without the need to draw up a separate agreement.

2. Before concluding the Agreement, the User shall be informed that the Terms of Use are available free of charge via the Website in a way that allows any person, at any time, to download, fix, print out and retrieve them in an unchanged form.

3. Provision of Javro Group Services shall be unlimited in time. The user can stop using the Services at any time. Legal consequences of termination of using the Services are set out by the applicable legal provisions, relevant to the legal nature of the Service provided, as well as factual circumstances.

4. Subject to par. 5, the Agreement on provision of Services by electronic means shall be terminated automatically without the need to submit additional statements at the moment of the User leaving Javro Group Website on which the Service is provided.

5. If the User submits an Inquiry via Javro Group Website, the Agreement shall be terminated with a 14- day notice period made by the User or JAVRO2.

6. The User may submit a declaration of termination of the Agreement in writing by sending it to the following address: JAVRO2 – ul. Zbożowa 10, 40-657 Katowice.

7. The Agreement can be terminated by JAVRO2 immediately if:

a) The User violates the provisions of the Terms of Use, or

b) it is found that the User has provided data or statements that are false, out of date or incomplete or are other people’s data, or when

c)  actions or omissions of the User adversely affect the good name of JAVRO2 or produce damage to JAVRO2.

§ 4. General principles of the provision of Javro Group Services

1. Javro Group Website is an IT and information platform for Users who are entrepreneurs, in particular, to browse the range and prices of Goods, configure the Goods and submit Inquiries to the Contractor regarding the configured Goods, which may lead to the conclusion of a Sales Agreement between the User and the Contractor after individual arrangements with the Contractor.

2. Javro Group Website makes it possible for the User to, among others:

a) obtain information about the Goods offered by the Contractors,

b) compare the prices of the Goods offered by the Contractors,

c) configure the Goods;

d) submit inquiries to the Contractor regarding the configured Goods;

3. The Sales Agreement between the User and the Contractor shall be on terms specified by the Contractor in its Terms of Use and by universally applicable legal provisions. JAVRO2 shall not be liable for the delivery of Goods and the course of the transaction.

4. For the purposes of these Terms of Use, JAVRO2 declares that:

a) it is not authorized to represent the Contractor, or to conclude contracts or agreements, or incur any obligations whatsoever on behalf of the Contractor or other entities identified by the Contractor and is not authorized to enter into negotiations on behalf of the Contractor and entities indicated by the Contractor;

b) it is not authorized to accept payments intended for the Contractor for the Goods or to receive notices of defects and statements regarding the performance of sales agreements concluded between the User and the Contractor

c) these Terms of Use do not specify the content of the sales agreement concluded between the User and the Contractor, in particular it does not constitute a standard or general terms of such a sales agreement.

6. JAVRO2 shall not be liable:

a) for the delivery of Goods in connection with the sales agreement concluded by and between the User and the Contractor;

b) under warranty, guarantees related to the Goods and the Sales Agreement;

c) for non-performance or improper performance of any obligation by the Contractor.

6. In case of unavailability of the Goods or other obstacles on the part of the Contractor, the Contractor shall contact the User individually.

7. If a Javro Group Website Service requires certain details to be provided by the User, he/she should provide true, accurate, complete and non-misleading data. The User shall bear full responsibility for any consequences resulting from improper completion of Javro Group Website forms by the User, in particular consisting in providing incorrect or untrue data.

8. JAVRO2 shall not be liable for incorrect completion by the User of Javro Group Website forms, and in particular it shall not be liable towards third parties whose data were placed on the Javro Group Website form without their knowledge and consent.

11. The User’s obligations shall include in particular:

- use of the Services offered through Javro Group Website in a manner that does not cause disruptions in the operation of the Website;

- use of services that is not obviously contrary to the principles and purpose of Javro Group Website functioning;

- refraining from taking steps to access data and information not intended for the User;

- use of the Services offered through Javro Group Website without breaching the applicable law, the provisions of the Terms of Use, moral norms and in accordance with the customs and rules of social conduct;

- comply with the prohibition of providing, transmitting and disseminating content of unlawful character;

- using Javro Group Website in a way that does not interfere with its functioning, including through the use of specific software or devices;

- refraining from taking actions such as sending unsolicited commercial information or adding such to Javro Group Website;

- using the Services in a way that is not harmful to other Users or to JAVRO2, respecting all of their rights.

12. JAVRO2 shall not be liable for the User’s use of Javro Group Website in a manner contrary to law or the provisions of the Terms of Use.

§ 5. Submission of Inquiry

1. In the process of submitting the Inquiry, the User has the option to accept the content of the Terms of Use and to agree to apply the Terms of Use. Lack of acceptance of the Terms of Use and of the consent to apply them shall make it impossible to submit an Inquiry via Javro Group Website.

2. After submitting the Inquiry, the User receives a message confirming submission of the Inquiry sent to the e-mail address provided in the course of submission.

3. Confirmation of submitting the Inquiry shall not constitute conclusion of a Sales Agreement.

§ 6. Complaint procedure

1. The User can submit complaints regarding the Services provided on Javro Group Website.

2. Complaints can be submitted in writing to the following address: 40-657 Katowice, ul. Zbożowa 10, or by sending a message to the e-mail address: biuro@javro.pl

3. Any submitted complaint should specify the person lodging the complaint (name, surname, address, e-mail address) and a description of the incident that caused the complaint. If the data or information provided in the complaint need to be supplemented, JAVRO2 asks the User to supplement them in the indicated scope before considering the complaint.

4. Complaints shall be considered within 30 days from the date of receipt by JAVRO2 of a correctly filed complaint (containing the required elements and not requiring supplementation).

5. Information on the method of considering the complaint shall be sent to the User to the e-mail address provided in the complaint.

6. Complaints regarding the quality or defects of the Goods purchased from the Contractors, or improper performance or non-performance of the sales agreement, including the process of delivery of Goods, shall be sent directly to the Contractor with whom the User concluded the Sales Agreement.

§ 6 Intellectual property

1. The proprietary copyrights to the elements of Javro Group Website, including the logotypes and the content placed on Javro Group Website, as well as to the layout and composition of these elements and the industrial property rights, including protection rights to the trademarks placed on Javro Group Website, shall be vested in JAVRO2 or third parties.

2. The User shall not copy, distribute, reproduce or modify any content, including the data posted on Javro Group Website.

§ 7. Privacy protection

1. Subject to the remaining provisions of the Terms of Use, JAVRO2 shall be the administrator of personal data within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (consolidated text, Journal of Laws of 2016, item 922, as amended) with reference to personal data of the User whose personal data have been transferred to JAVRO2 in connection with the provision of Javro Group Services.

2. The User’s personal data shall be processed in accordance with the law, in particular in accordance with the provisions of the Act of 29 August 1997 on the Protection of Personal Data and the Act of 18 July 2002 on Providing Services by Electronic Means.

3. Provision of personal data by the user is voluntary.

4. JAVRO2 shall process the following categories of personal data/personal data files/ of the User:

1) name and surname,

2) telephone number,

4) e-mail address.

5. The User’s personal data are processed in order to provide Javro Group Services to the User by JAVRO2 and for the purpose of direct marketing of products or services of JAVRO2.

6. The User’s personal data may be transferred to entities authorized to receive such data under applicable law, including relevant judicial authorities, and to the extent and for the time necessary to provide or carry out Javro Group Services, including in connection with an inquiry submitted by the User, including for Contractors.

In particular, the Users’ personal data may be transferred by JAVRO2 to the Contractors in order to:

a) enable to offer these Users to conclude a Sales Agreement and to handle the process of its implementation;

b) direct marketing of products or services of the Contractors.

7. JAVRO2 ensures the exercise of the User’s rights under the Act on the Protection of Personal Data and other legal provisions, including the right to access personal data and correct them, and the right to control the processing of own personal data. As part of the exercise of the right to control the processing of personal data, the User shall have the right, in the cases specified in the Act on the Protection of Personal Data and in other legal provisions, to provide a written, reasoned request to stop processing personal data due to his/her special situation, and also to object to the processing of his/her data when JAVRO2 intends to process them for marketing purposes or when JAVRO2 provides personal data to a data administrator other than JAVRO2.

8. JAVRO2 shall select and apply appropriate technical and organizational measures with due diligence to ensure protection of the data being processed, including programming security. JAVRO2 shall protect data from being disclosed to unauthorized persons, as well as other cases of their disclosure or loss and against damage or unauthorized modification of the data indicated, as well as against their processing in violation of applicable law. JAVRO2 shall exercise permanent control over the data processing process and shall limit access to data to the greatest extent possible, granting appropriate authorizations only when it is necessary for the proper provision of Javro Group Services.

9. JAVRO2 shall use the IP addresses of the Users’ computers collected during internet connection with Javro Group Website for technical purposes related to server administration. In addition, IP addresses shall be used to collect general, statistical demographic information (e.g. about the region from which the connection is made for the purposes of redirecting Inquiries to the Contractor).

10. JAVRO2 informs that browsing Javro Group Website webpages implies JAVRO2’s use of “cookies”, that is small text information stored on the User’s computer that allow for customization of services and content to individual needs and preferences of the Users and are also used to develop general usage statistics of Javro Group Website by the Users. The “cookies” information obtained by JAVRO2 are completely anonymous and are in no way associated with a specific and identified User.

The User may at any time block the generation of “cookies” by choosing the right option in his/her web browser. JAVRO2 informs that the use of Javro Group Website may be difficult if the User disables the option that allows to save “cookies” in the web browser.

§ 8. Technical requirements

The IT system used by the User should meet the following minimum technical requirements necessary to use Javro Group Website:

§ 9. Entry into force and changes to the Terms of Use

1. The Terms of Use come into force on 1st March 2018.

2. JAVRO2 reserves the right to change the Terms of Use at any time.

3. In the event of a change to the Terms of Use, its delivery to the User shall take place by placing on Javro Group Website or delivery by e-mail.

4. Amendments to the Terms of Use come into force on the date specified by JAVRO2, however not earlier than 7 days from the date of announcement of changes on Javro Group Website.

§ 10. Final provisions

1. In matters not regulated in these Terms of Use the universally applicable provisions of Polish law, in particular the provisions of the Civil Code and the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Journal of Laws of 2017, item 1219, as amended) shall apply.

2. The use of any contractual templates, in particular general terms and conditions of agreements, agreement templates and terms of use applied by the User, shall be excluded for the implementation of Javro Group Services under Javro Group Website.

3. A common court of general jurisdiction shall be the competent court to resolve disputes arising in connection with the application of the Terms of Use or resulting in connection with the Services provided by electronic means on their basis.

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