TERMS AND CONDITIONS OF THE B2B.GRODNO.PL ONLINE STORE FOR BUSINESSES

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE SHOP
TERMS AND CONDITIONS FOR CONCLUDING A SALES CONTRACT
METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
COST, METHODS AND TIMES FOR DELIVERY AND COLLECTION OF THE PRODUCT
PRODUCT COMPLAINTS
STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT
DIGITAL PRODUCTS AND THE RIGHT TO USE DIGITAL PRODUCTS
ADDITIONAL PROVISIONS
ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS
FINAL PROVISIONS
INFORMATIVE AND EDUCATIONAL CONTENT

1. GENERAL PROVISIONS

1.1. The Online Shop, accessible at www.b2b.grodno.pl, is operated by GRODNO SPÓŁKA AKCYJNA, with its registered office in Michałów-Grabina (registered office and address for service: ul. Kwiatowa 14, 05-126 Michałów-Grabina); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000341683; the registry court where the company’s records are held: the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital: 1,538,186.10 PLN, fully paid up; Tax Identification Number (NIP): 5361097644; National Business Registry Number (REGON): 012144675; email address: b2b@grodno.pl.

1.2. This Online Shop, these Terms and Conditions and all provisions contained therein are addressed to, and are therefore binding solely upon, a Customer or Service Recipient who is not a consumer and who is not, at the same time, a natural person entering into a contract directly related to their business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity. For the avoidance of doubt, the Service Provider states that these Terms and Conditions and the Online Shop are intended solely for professional traders (businesses that are not ‘businesses with consumer rights’) within the meaning of Article 7aa of the Consumer Rights Act, and are not intended for consumers or for so-called ‘businesses with consumer rights’ within the meaning of Article 7aa of the Consumer Rights Act.

1.3. The Seller is the data controller for personal data processed via the Online Shop in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period and on the grounds and in accordance with the principles set out in the privacy policy published on the Online Shop’s website. The privacy policy primarily sets out the rules governing the processing of personal data by the Controller in the Online Shop, including the legal bases, purposes and duration of such processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Shop. Use of the Online Shop, including making purchases, is voluntary. Similarly, the provision of personal data by a Service User or Customer using the Online Shop is voluntary, subject to the exceptions set out in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).

1.4. Definitions:

DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Single Market and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
WORKING DAY – any day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available on the Online Shop enabling the creation of an Account.
ORDER FORM – an Electronic Service, an interactive form available on the Online Shop enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
CUSTOMER – (1) a natural person who is an entrepreneur, for whom the use of the Online Shop, including the conclusion of Sales Agreements, is directly related to their business activity and is of a professional nature for that person (i.e. not a consumer, and, from 1 January 2021 and for contracts concluded on or after that date, also not a natural person entering into a contract directly related to their business activity, where the content of that contract indicates that it is not of a professional nature for that person, as evidenced, in particular, by the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity); (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – an Electronic Service, identified by an individual name (username) and a password provided by the Service User; a collection of resources within the Service Provider’s ICT system in which the data provided by the Service User and information about Orders placed by them in the Online Shop are stored.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Users who subscribe to it to automatically receive from the Service Provider regular content in successive editions of the newsletter containing information about Products, new arrivals and promotions in the Online Shop.
ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with European Union law or with the law of any Member State that is consistent with European Union law, irrespective of the specific subject matter or nature of that law.
BRANCH – the Seller’s high-street shop, through which the Customer/Service Recipient contacts the Seller. The Customer specifies in the Registration Form which Branch is to be assigned to their Account. A full list of Branches can be found at the following link: https://b2b.grodno.pl/lista-oddzialow.
SALES ADVISER – a natural person, an employee of the Seller, who liaises with the Customer on behalf of the Branch.
PRODUCT – a movable item, service or right available in the Online Shop, which is the subject of the Sales Agreement between the Customer and the Seller.
DIGITAL PRODUCT - A Product constituting a work within the meaning of the Copyright Act and thus subject to copyright protection, and in respect of which economic copyright rights are held by other third parties from whom the Seller has obtained the necessary licences for the further distribution of such works, including product data relating to the current range (such as descriptions, technical specifications, prices and links to graphic materials) in digital form (XML file, API or other data exchange formats).
TERMS AND CONDITIONS – these Terms and Conditions of the Online Shop.
ONLINE SHOP – the Service Provider’s online shop available at the following web address: www.b2b.grodno.pl.
SELLER; SERVICE PROVIDER – GRODNO SPÓŁKA AKCYJNA with its registered office in Michałów-Grabina (registered office and address for service: ul. Kwiatowa 14, 05-126 Michałów-Grabina); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000341683; the registry court where the company’s records are held: the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital amounting to: PLN 1,538,186.10, fully paid up; Tax Identification Number (NIP): 5361097644; National Business Registry Number (REGON): 012144675; email address: b2b@grodno.pl.
SALES AGREEMENT – an agreement for the sale or supply of a Product entered into or concluded between the Customer and the Seller via the Online Shop.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
SERVICE RECIPIENT – (1) a natural person who is an entrepreneur, for whom the use of the Online Shop is directly related to their business activity and is of a professional nature (i.e. not a consumer, and, from 1 January 2021 and for contracts concluded on or after that date, also not a natural person entering into a contract directly related to their business activity, where the terms of that contract indicate that it is not of a professional nature for that person, as evidenced, in particular, by the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Business Activity); (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use the Electronic Service.
ORDER – a declaration of intent by the Customer made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

Account – the Account may be used once the Service User has completed a total of three consecutive steps – (1) completing the Registration Form, (2) clicking the ‘Create an Account’ button; and (3) confirming their intention to create an Account by clicking the confirmation link sent automatically to the email address provided. In the Registration Form, the Service User must provide the following details: company name, tax identification number (NIP), address (street, house/flat number, postcode, town/city, country), email address, contact telephone number and password.
- The ‘Electronic Account’ service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, delete the Account (cancel the Account) by sending a request to that effect to the Service Provider, in particular by email to: b2b@grodno.pl or in writing to the following address: GRODNO S.A., ul. Kwiatowa 14, 05-126 Michałów-Grabina.
Order Form – use of the Order Form commences when the Customer adds the first Product to the online shopping cart in the Online Shop. An Order is placed once the Customer has completed a total of two consecutive steps – (1) completing the Order Form and (2) clicking the ‘Place order’ button on the Online Shop’s website after completing the Order Form – until this point, it is possible to amend the details entered yourself (to do so, please follow the on-screen prompts and the information available on the Online Shop’s website). In the Order Form, the Customer must provide the following details: company name, tax identification number (NIP), address (street, house/flat number, postcode, town/city, country), email address, contact telephone number, and details relating to the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), and method of payment.
- The Electronic Order Form service is provided free of charge; it is a one-off service and ceases upon the submission of an Order via the Form or upon the Service User’s earlier decision to stop placing Orders via the Form.
Newsletter – you can subscribe to the Newsletter by ticking the relevant checkbox when you first log in to your Account – upon first logging in to your Account, you will be subscribed to the Newsletter. You can also subscribe to the Newsletter via dedicated subscription forms.
- The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, unsubscribe from the Newsletter (cancel the Newsletter subscription) in the Customer Panel (Account), under the ‘Basic Details’ tab.
Suggestions and content generated by artificial intelligence (AI).
- The Online Shop may provide the Customer with suggestions, personalisation recommendations for Products, descriptions, configuration proposals, visualisations or other content generated in whole or in part using artificial intelligence-based tools (hereinafter collectively referred to as ‘AI Suggestions’).
- AI Suggestions are intended solely for inspiration, guidance and are non-binding. They constitute informal proposals or examples of the possible appearance, configuration or use of the Product and do not constitute an offer within the meaning of Article 66(1) of the Civil Code, an assurance within the meaning of Article 556¹ of the Civil Code, or a guarantee of any properties of the Product.
- The actual appearance, technical specifications, colour scheme, proportions and other characteristics of the ordered Product may differ from those presented in the AI Suggestions, in particular due to the technological limitations of AI tools, differences in the Customer’s monitor settings, the parameters of production materials or the individual production process.
- The Seller shall not be liable for any errors, inaccuracies, omissions or misleading information arising from the AI Suggestions, including in particular for:
  - the final Product not matching the visualisation or description generated by the AI,
  - infringement of third-party rights (including copyright, image rights or industrial property rights) by content generated by AI on the basis of data entered by the Customer,
  - any damages arising in connection with the Customer’s use of or reliance on the AI Suggestions.
- The Customer acknowledges and accepts that the use of AI Suggestions is entirely at their own risk and responsibility. The Customer is obliged to verify each AI Suggestion independently before deciding to place an Order.
- Where the Customer inputs their own materials (text, photographs, graphics, designs, etc.) into the AI tool, the Customer declares that they hold all the necessary rights to use them for this purpose and that they do not infringe the rights of third parties. The Customer bears sole responsibility for the content of the materials uploaded and indemnifies the Seller against any claims by third parties in this regard.
- The Seller reserves the right to modify, restrict or disable the AI Suggestions functionality at any time without prior notice and without incurring any liability towards the Customer in this respect.

2.2. Technical requirements necessary for use of the ICT system operated by the Service Provider: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) the latest version of one of the following web browsers: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) the web browser must be set to accept cookies and support JavaScript.

2.3. The Customer is obliged to use the Online Shop in a manner consistent with the law and public decency, whilst respecting the personal rights, copyright and intellectual property rights of the Service Provider and third parties. The Customer is obliged to provide data that is true and accurate. The Customer is prohibited from providing unlawful content, including Illegal Content.

2.4. Complaints procedure regarding Electronic Services:

Complaints relating to the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Online Shop (excluding the Product complaints procedure set out in clause 6 of the Terms and Conditions) may be submitted by the Service User, for example:
- in writing to the address of the Branch assigned to the Customer’s Account;
- electronically via email to the address of the Branch assigned to the Customer’s Account or to the address of the Account Manager.
It is recommended that the Customer include the following in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the nature and date of the irregularity; (2) the Service User’s request; and (3) the contact details of the person lodging the complaint – this will facilitate and expedite the Service Provider’s handling of the complaint. The requirements set out in the previous sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description.
The Service Provider shall respond to the complaint without delay, no later than within 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS FOR ENTERING INTO A SALES CONTRACT

3.1. The conclusion of Sales Agreements is available exclusively to Customers who have a registered Account. The submission of an Order by the Customer using the Order Form in accordance with clause 2.1.2 of the Terms and Conditions constitutes an offer to conclude a Sales Agreement, and does not constitute its automatic conclusion.

3.2. The Product price displayed on the Online Shop’s website is quoted, depending on the Customer’s choice, in Polish zlotys (PLN) or in euros (EUR); this is the net price (excluding taxes). The Customer is informed on the Online Shop’s website, whilst placing the Order – including at the moment the Customer expresses their intention to be bound by the Sales Contract – of the total price of the Product covered by the Order, as well as of the delivery costs (including charges for transport, delivery and postal services) and other costs; and, where the amount of these charges cannot be determined, of the obligation to pay them, the Customer is informed on the Online Shop’s website whilst placing the Order, including at the moment the Customer expresses their intention to be bound by the Sales Contract.

3.3. Procedure for concluding a Sales Contract in the Online Shop using the Order Form

Once the Customer has placed an Order, the Seller shall immediately send confirmation of receipt of the Order to the Customer’s email address. This message confirms that the Order has been registered in the system and is currently being verified for fulfilment. The mere receipt of confirmation that the Order has been received does not constitute the conclusion of a Sales Contract.
Once the order has been successfully verified for fulfilment, the Seller sends a second email constituting a declaration of acceptance of the Order for fulfilment.
The Sales Contract is concluded upon the Customer’s receipt of the email confirming acceptance of the Order for fulfilment. From that moment, the Seller begins to process the order.

3.4. The terms of the Sales Contract are recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Shop’s website and (2) sending the Customer the email referred to in clause 3.3.2 of these Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the Seller’s Online Shop’s IT system.

4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

4.1. The Seller offers the Customer the following payment methods under the Sales Contract:

Cash on collection.
Payment by bank transfer to the Seller’s bank account.
Deferred payment for Customers with a credit limit (trade credit).
Electronic payments and card payments via the Przelewy24.pl service – the current available payment methods are specified on the Online Shop’s website in the information tab regarding payment methods and on the website https://www.przelewy24.pl/.
- Settlement of transactions made via electronic payments and payment cards is carried out, in accordance with the Customer’s choice, via the Przelewy24.pl service. Electronic and payment card payments are processed by:
  - Przelewy24.pl – PAYPRO SPÓŁKA AKCYJNA, with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, share capital: 4,737,100.00 PLN, NIP 7792369887, REGON 301345068.

4.2. Payment deadline:

If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Agreement, unless the parties have agreed on a different deadline.

4.3. The payment methods listed may not all be available at the same time. Up-to-date information on available payment methods is provided each time, at the latest when the Customer places an Order. Information on available payment methods can also be found in the Account panel. The Customer shall make payment in accordance with the method specified when placing the Order.

4.4. Trade credit:

The Seller may grant trade credit to the Customer.
Under trade credit, the Seller defers the payment deadlines for Products ordered via the Online Shop. In such cases, the Customer is obliged to make payment within 30 calendar days of the date of conclusion of the Sales Contract, or by another date agreed individually with the Seller, which does not suspend the Order fulfilment process. The Customer shall make payment by bank transfer to the Seller’s bank account.
When granting trade credit, the Seller sets an individual credit limit based on the Customer’s ability to pay, which means that the total value of all the Customer’s outstanding amounts owed to the Seller arising from the concluded Sales Agreements may not exceed the agreed gross amount, irrespective of when they fall due.

5. COST, METHODS AND TIMING OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivering the Product (including charges for transport, delivery and postal services) are shown to the Customer on the Online Shop’s website in the information tab concerning delivery costs and during the placing of the Order, including at the moment the Customer expresses their intention to be bound by the Sales Contract.

5.2. Collection of the Product in person by the Customer is free of charge.

5.3. The Seller offers the Customer the following methods of delivery or collection of the Product:

Courier delivery.
Pallet delivery
Collection in person available at a Branch during the Branch’s opening hours. A full list of Branches, together with their opening days and hours, can be found at the following link: https://b2b.grodno.pl/lista-oddzialow.

5.4. The delivery time for the Product to the Customer is up to 10 Working Days, unless a shorter period is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery times, the delivery time shall be the longest specified time, which, however, may not exceed 10 Working Days. The start of the delivery period for the Product to the Customer is calculated as follows:

In the case of payment by bank transfer (excluding payment under trade credit) – from the date on which the funds are credited to the Seller’s bank account or settlement account.
In the case of payment by cash – from the date of conclusion of the Sales Agreement.
Where the Customer chooses deferred payment – from the date of conclusion of the Sales Agreement.

5.5. Date on which the Product is ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 10 Working Days, unless a shorter period is specified in the description of the Product in question or when placing the Order. In the case of Products with different readiness dates, the readiness date shall be the longest period specified, which, however, may not exceed 10 Working Days. The Customer will also be notified by the Seller when the Product is ready for collection. The period during which the Product is ready for collection by the Customer begins as follows:

In the case of payment by bank transfer (excluding payment under trade credit) – from the date on which the funds are credited to the Seller’s bank account or settlement account.
In the case of cash on collection in person – from the date of conclusion of the Sales Contract.
Where the Customer chooses a deferred payment method – from the date on which the Sales Contract is concluded.

6. PRODUCT COMPLAINTS

6.1. In accordance with Article 558(1) of the Civil Code, the Seller’s liability to the Customer under the warranty for the Product is excluded.

7. STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT

7.1. The Customer and the Service Recipient are not entitled to withdraw from the contract.

8. DIGITAL PRODUCTS AND THE RIGHT TO USE DIGITAL PRODUCTS

8.1. This Section 9 of the Terms and Conditions and the provisions contained therein relate to Digital Products.

8.2. In matters not covered by this clause of the Terms and Conditions, the other provisions of the Terms and Conditions relating to Products shall apply.

8.3. In addition to the delivery methods specified in clause 5 of the Terms and Conditions, the Seller may deliver the Digital Products covered by the Order to the Customer via electronic delivery.

Electronic delivery involves sending the Customer, to the email address provided in the Order, the Digital Product, a URL or a unique licence code enabling the Customer to download and use the Digital Product.
Electronic delivery is free of charge.
The delivery time for the Digital Product via electronic delivery to the Customer is up to 2 Working Days from the moment payment for the Order is credited to the Seller’s bank or settlement account, unless a shorter timeframe is specified in the description of the Digital Product in question or at the time of placing the Order.

8.4. The Customer’s use of a Digital Product constituting a work within the meaning of the Copyright Act and thus subject to copyright protection is governed by the provisions of the Copyright Act and the licence terms set by the manufacturer or publisher of the Product.

8.5. At the Customer’s request, the Seller shall provide product data relating to the current range (including descriptions, technical specifications, prices and links to graphic materials) in digital form (XML file, API or other data exchange formats). This data is provided solely for information purposes and to assist the Customer in identifying products within their IT systems.

8.6. The Seller’s provision of links to photographs or other visual materials (e.g. technical drawings, logos) does not constitute the granting of a licence to the Customer or any other right to use, reproduce, make publicly available or distribute them in fields of exploitation extending beyond the Customer’s internal system. The Customer is obliged to obtain the relevant consents or licences directly from the copyright holders (producers) before publishing them on online shops, auction sites (e.g. Allegro) or in advertising materials.

8.7. The Customer bears sole and full responsibility for the manner in which the downloaded data is used. The Seller shall not be liable for any claims by third parties, in particular producers, arising from the Customer’s infringement of economic copyright or moral rights through the unauthorised use of graphic materials or descriptions. Should a third party bring a claim against the Seller in connection with a copyright infringement by the Customer, the Customer undertakes to step into the Seller’s shoes in the dispute or to cover all costs associated with such claims, including legal fees, damages and contractual penalties.

9. ADDITIONAL PROVISIONS

9.1. The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days of the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and shall not give rise to any claims on the part of the Customer against the Seller.

9.2. The Seller has the right to restrict the available payment methods, including the right to require full or partial prepayment, irrespective of the payment method chosen by the Customer and the fact that the Sales Contract has been concluded.

9.3. If the Customer fails to collect the parcel within 72 hours, the Seller, without prejudice to any other rights, is entitled to charge the Customer a contractual penalty of 150 PLN. The reservation of a contractual penalty does not exclude or limit the right to claim supplementary damages.

9.4. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service Recipient a relevant notice.

9.5. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in respect of a single claim and in respect of all claims in aggregate – to the amount of the price paid and the delivery costs under the Sales Contract, but not exceeding one thousand zlotys. The financial limit referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in cases where no Sales Contract has been concluded or where the claims are unrelated to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time the contract was concluded and shall not be liable for loss of profits. The Seller shall also not be liable for any delay in the delivery of the consignment.

9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be referred to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS

10.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act in relation to the Online Shop and the Service Provider. As a general rule, the Customer is not obliged to provide content whilst using the Online Shop, unless the Terms and Conditions require the provision of specific data (e.g. details for placing an Order). The Customer may be able to post a review or comment on the Online Shop using the tools provided for this purpose by the Service Provider. In any instance where the Customer provides content, they are obliged to comply with the rules set out in the Terms and Conditions.

10.2. CONTACT POINT – The Service Provider designates the email address b2b@grodno.pl as the single point of contact. This contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission and the Digital Services Board, whilst also enabling service recipients (including Service Users) to communicate directly, swiftly and in a user-friendly manner with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its point of contact.

10.3. Procedure for reporting illegal content and actions in accordance with Article 16 of the Digital Services Act:

Any person or entity may report to the Service Provider, via the email address b2b@grodno.pl, the presence of specific information which that person or entity considers to be Illegal Content.
The report should be sufficiently precise and properly substantiated. To this end, the Service Provider enables and facilitates the submission of reports to the email address given above, containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the Illegal Content, in accordance with the type of content and the specific type of service; (3) the full name and email address of the person or entity making the notification, except in the case of a notification concerning information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the notification that the information and allegations contained therein are accurate and complete.
The notification referred to above shall be deemed to constitute grounds for acquiring actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the information to which it relates, if it enables a Service Provider acting with due diligence to determine – without detailed legal analysis – the unlawful nature of the activity or information in question.
If the notification contains the electronic contact details of the person or entity that made the notification, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the notification. The Service Provider shall also, without undue delay, notify that person or entity of its decision regarding the information to which the notification relates, providing information on the possibility of appealing against the decision taken.
The Service Provider shall examine all reports it receives under the mechanism referred to above and shall take decisions regarding the information to which the reports relate in a timely, non-arbitrary and objective manner, and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it shall include information on this in the notification referred to in the previous paragraph.

10.4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Shop, with regard to information provided by Service Users:

Service Users are bound by the following rules when providing any content via the Online Shop:
- the obligation to use the Online Shop, including the posting of content (e.g. in the form of reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and public decency, whilst respecting personal rights, copyright and intellectual property rights of the Service Provider and third parties;
- the obligation to post content that is factually accurate and not misleading;
- a prohibition on providing unlawful content, including a prohibition on providing Illegal Content;
- a prohibition on sending unsolicited commercial communications (spam) via the Online Shop;
- a prohibition on providing content that breaches generally accepted rules of netiquette, including content that is vulgar or offensive;
- the obligation to hold – where necessary – all required rights and authorisations to provide such content on the Online Shop’s pages, in particular copyright or the required licences, authorisations and consents for their use; the distribution, making available or publication of such content, in particular the right to publish and distribute it on the Online Shop, and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties.
- the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider’s IT system, the Online Shop or third parties.
The Service Provider reserves the right to moderate content provided by Service Users on the Online Shop’s website. Moderation is carried out in good faith and with due care, either on the Service Provider’s own initiative or in response to a report received, with the aim of detecting, identify and remove Illegal Content or other content that contravenes these Terms and Conditions, or to prevent access to such content, or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
The moderation process may be carried out manually by a person or rely on automated or partially automated tools that assist the Service Provider in identifying Illegal Content or other content that contravenes the Terms and Conditions. Upon identifying such content, the Service Provider shall decide whether to remove it or block access to it, or otherwise restrict its visibility, or take any other measures it deems necessary (e.g. contacting the User to clarify the concerns and amend the content). The Service Provider shall, in a clear and easily understandable manner, inform the Service User who provided the content (where the Service Provider holds their contact details) of its decision, the reasons for it, and the available options for appealing against that decision.
In exercising its rights and fulfilling its obligations under the Digital Services Act, the Service Provider is obliged to act with due care, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including service users, with particular regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

10.5. Any comments, complaints, claims, appeals or objections concerning decisions or other actions, or omissions, taken by the Service Provider on the basis of a report received or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaints procedure set out in clause 6 of these Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the email address provided. The use of the procedure for submitting and handling complaints is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not infringe upon their other rights.

10.6. The Service Provider shall consider any comments, complaints, claims, appeals or objections concerning decisions or other actions or omissions taken by the Service Provider on the basis of a report received or a decision made in a timely, in a non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to conclude that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not unlawful and does not contravene the Terms and Conditions, or contains information indicating that the complainant’s conduct does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal of, or blocking access to, the content, or otherwise restricting its visibility, or take such other action as it deems necessary.

10.7. Service Users, persons or entities who have reported Illegal Content, and to whom the Service Provider’s decisions regarding Illegal Content or content that contravenes the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning such decisions, including in respect of complaints that have not been resolved through the Service Provider’s internal complaints-handling system.

11. FINAL PROVISIONS

11.1. Contracts concluded via the Online Shop are drawn up in Polish and in accordance with Polish law.

11.2. This clause 12.2 of the Terms and Conditions and all provisions contained therein are intended to fulfil the information obligations incumbent on distributors of equipment within the meaning of Article 4(2) of the Act of 11 September 2015 on waste electrical and electronic equipment (Journal of Laws of 2015, item 1688, as amended).

It is prohibited to dispose of waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste electrical and electronic equipment from private households is obliged to hand it over to a waste electrical and electronic equipment collector or to an entity authorised to collect such equipment.
The seller is obliged to take back, free of charge, waste electrical and electronic equipment from private households at their points of sale, provided that the waste equipment is of the same type and served the same purpose as the equipment sold.
When supplying a customer with equipment intended for domestic use, is obliged to take back, free of charge, waste equipment from private households at the place of delivery of that equipment, provided that the waste equipment is of the same type and served the same functions as the equipment delivered. The Customer may indicate their wish to hand over waste equipment to the Seller in the aforementioned case in the comments for the Seller when placing the Order, or by emailing b2b@grodno.pl immediately after the Customer has placed the Order.
The Customer, without being required to purchase new equipment, may return used household equipment where none of the external dimensions exceeds 25 cm, at any shop with a sales area of at least 400 m² dedicated to the sale of household appliances.
The seller may refuse to accept: (1) waste equipment which, due to contamination, poses a risk to the health or life of the persons receiving the waste equipment; and (2) incomplete waste equipment and parts derived from waste equipment, the collection of which is prohibited in accordance with Article 35(1) of the Act of 11 September 2015 on waste electrical and electronic equipment (Journal of Laws of 2015, item 1688, as subsequently amended).
In the above cases, the Customer may hand over the waste equipment to the relevant waste equipment collection point or to an entity operating a treatment facility.
Examples of collection points for waste equipment in the Legionowo district: (1) POLSKA GRUPA RECYKLINGU PROEKO SP. Z O.O., 5 Sikorskiego Street, 05-119 Łajski; (2) DESCH SP. Z O.O., 44 Zegrzyńska Street, 05-119 Legionowo.
Information on all collection points for waste electrical and electronic equipment throughout the country is available via the search function in the national register of entities – BDO – at the following web address: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.

11.3. Pursuant to the Act of 24 April 2009 on Batteries and Accumulators (Journal of Laws 2009.79.666, as amended), the Seller is obliged to accept used batteries (as defined in the Act on Batteries and Accumulators) and used accumulators (as defined in the Act on Batteries and Accumulators) from the Customer who is an end-user within the meaning of the Act on Batteries and Accumulators

11.4. Amendments to the Terms and Conditions:

The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legislation; changes to payment and delivery methods – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
Where contracts of a nature other than ongoing contracts (e.g. a Sales Contract) are concluded on the basis of these Terms and Conditions, amendments to the Terms and Conditions shall in no way infringe upon the acquired rights of Service Recipients/Customers prior to the date on which the amendments to the Terms and Conditions come into force; in particular, amendments to the Terms and Conditions shall not affect Orders already placed or submitted, or Sales Contracts that have been concluded, are being performed or have been fulfilled.

11.5. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended) and other relevant provisions of generally applicable law.

12. INFORMATIVE AND EDUCATIONAL CONTENT

12.1. All articles, advice columns, guides, market analyses and other materials published by the Seller on the Online Shop and related communication channels are for information and educational purposes only.

12.2. The materials referred to in paragraph 1 do not constitute:

professional advice within the meaning of the relevant legal provisions,
an investment offer, an investment recommendation or an offer to provide any service,
investment advice within the meaning of the Act on Trading in Financial Instruments,
legal, tax, investment or commercial advice, nor an offer within the meaning of Article 66 § 1 of the Civil Code.

12.3. The Seller shall not be liable for:

errors, inaccuracies or omissions in the information contained in the materials,
the consequences of acting on the content of the materials,
decisions taken by the Customer on the basis of the published materials,
changes to legislation, funding schemes, prices or technical standards which have occurred after the date of publication of the material.

12.4. The Seller reserves the right to amend the information contained in the Online Shop at any time.

12.5. Before making any business or investment decision, the Customer should consult an appropriate specialist adviser. Any reliance on the information contained on this website is entirely at the Customer’s own risk.

12.6. All materials published on the Online Shop are protected under copyright law and other relevant legislation and may not be copied, in whole or in part, without the Seller’s prior consent.