Rules & policies

B2B PLATFORM USER RULES

 

B2B PLATFORM User Rules shall outline the rules for selling goods by “MEGABAJT” Sp. z o.o. with its registered office in Warszawa by means of the Internet platform.

 

§ 1.      DEFINITIONS

1)           Any references herein to the following terms shall mean:

  1. DISTRIBUTOR – “MEGABAJT” Sp. z o. o. with its registered office in Warszawa, Rydygiera 8, 01-793 Warszawa, entered into the National Court Register (KRS) kept by the District Court for the Capital City of Warszawa, XIV Economic Division of the National Court Register, under KRS No 0000127183, NIP (National Tax Identification No) 525-19-17-106, REGON (National Business Registry No) 012726986,
  2. B2B PLATFORM - the system for selling goods to economic entities, provided by the DISTRIBUTOR by means of the Internet platform at: http://b2b.megabajt.com.pl,
  3. CUSTOMER – an economic entity which applied for a possibility of purchasing the goods from the DISTRIBUTOR by means of B2B PLATFORM,
  4. REGISTRATION - activities performed in a manner specified in the Rules, which are necessary for the CUSTOMER'S use of all B2B PLATFORM functionalities,
  5. USER - a person entitled to use B2B PLATFORM on behalf of and to the benefit of the CUSTOMER,
  6. ADMINISTRATOR – a USER with a right to create other CUSTOMER'S USERS and assign as well as modify their authorisations,
  7. ACCESS TO THE SYSTEM – a right to access B2B PLATFORM within the authorisations assigned to the USER by the ADMINISTRATOR.

 

§ 2.      REGISTRATION

1)           For the purpose of placing orders by means of the Internet, the CUSTOMER shall notify the DISTRIBUTOR of its willingness to join B2B Platform through completing the registration form available at: http://b2b.megabajt.com.pl/register.

2)           Completing the registration form shall take place in compliance with the following rules:

  1. the registration form shall be filled in and submitted by a person/persons authorised to file declarations of will on behalf of the CUSTOMER,
  2. the CUSTOMER shall fill in all the registration form fields and attach all the required documents, with the exception of optional fields,
  3. all the information provided in the registration form shall be valid, complete and truthful,
  4. the CUSTOMER shall express its consent to the processing of its personal data contained in the registration form; whereas the CUSTOMER shall be entitled to access the content of its personal data as well as to correct and delete them at any time.

3) Access to B2B PLATFORM may be granted by the DISTRIBUTOR only upon the acceptance of these Rules by the CUSTOMER.

4)           Upon having accepted the registration application by the DISTRIBUTOR, the CUSTOMER shall receive access data to B2B PLATFORM to the ADMINISTRATOR'S profile, to the e-mail address indicated in the registration form.

5)           The ADMINISTRATOR may create additional USERS as part of one CUSTOMER account, including other ADMINISTRATORS and assign an applicable scope of authorisations, including but not limited to:

  1. submitting, modifying, deleting or reviewing orders,
  2. reviewing invoices,
  3. submitting and reviewing complaints,
  4. monitoring financial settlements.

6)           The DISTRIBUTOR may enable the ADMINISTRATOR to assign authorisations to USERS to add and modify addresses (including: those belonging to end customers), subject to prior conclusion of a separate agreement in writing with the CUSTOMER to that effect.

7)           Each new USER shall receive access data to B2B PLATFORM to the e-mail address indicated by the ADMINISTRATOR.

8)           The DISTRIBUTOR, which has no access to the accounts of USERS, shall not be able to place orders on their behalf by means of B2B PLATFORM or change their authorisations within the CUSTOMER account.

9)           The CUSTOMER shall bear complete and exclusive liability for access and all the activities of the USERS, including but not limited to placing orders.

10)         The DISTRIBUTOR hereby reserves the right to limit or decline granting the ACCESS TO THE SYSTEM to a given USER without providing reasons.

11)         Each USER shall be obliged not to disclose individual logging data to other persons.

 

§ 3.      B2B PLATFORM USING RULES

1)           Using B2B PLATFORM shall be possible upon having logged in by inserting a correct: CUSTOMER ID, user parameter and password.

2)           The USER shall be treated as a person authorised to act on behalf of and to the benefit of the CUSTOMER within the scope of authorisations granted by the ADMINISTRATOR without the need for producing any powers of attorney.

3)           The DISTRIBUTOR hereby reserves the right to inform the ADMINISTRATOR by e-mail on every change made by USERS within the data provided in the registration form or data introduced by the ADMINISTRATOR while creating a new USER.

4)           The CUSTOMER shall bear full liability for the acts of all the USERS and shall be responsible for deleting or limiting the authorisations of USERS.

5)           The DISTRIBUTOR shall render the right to block or limit the ACCESS TO THE SYSTEM of all or some CUSTOMER'S users, if:

  1. the CUSTOMER fails to purchase anything from the DISTRIBUTOR within 15 days of the date of granting the ACCESS TO THE SYSTEM or within the period of subsequent 90 days,
  2. The CUSTOMER uses information obtained from B2B PLATFORM for purposes other than ordering goods from the DISTRIBUTOR,
  3. the CUSTOMER conducts an activity which is competitive in relation to the DISTRIBUTOR,
  4. the CUSTOMER provides its account to third parties,
  5. there is a suspicion that the CUSTOMER, while using B2B PLATFORM, violates the rights of third parties,
  6. the DISTRIBUTOR detects the operation of a system performing the automatic distribution of information from B2B PLATFORM with the use of the USER'S profile.

6)           The creation of the USER'S profile shall be tantamount to expressing consent to receiving commercial information by the USER from the DISTRIBUTOR to the e-mail address indicated. The USER shall have the right to resign from receiving commercial information at any time through clicking on the link provided in the e-mail containing commercial information.

 

§ 4.      PLACING ORDERS

1)           The CUSTOMER may place orders on B2B PLATFORM for 7 (seven) days a week and 24 (twenty four) hours a day.

2)           All the prices presented on B2B PLATFORM are net values excluding VAT.

3)           The PARTIES hereby agree that orders placed by authorised USERS on B2B PLATFORM shall not require CUSTOMER'S confirmation in any other form and shall be treated as placed in writing.

4)           The DISTRIBUTOR shall render the right to verify the order and reject its fulfilment without providing reasons.

5)           The CUSTOMER shall be liable for goods delivered to the address indicated by USERS at the time of placing orders by means of B2B PLATFORM. It is hereby assumed that each person present at the indicated delivery address is authorised to collect goods on behalf of the CUSTOMER.

6)           Goods descriptions presented on B2B PLATFORM are of an informative nature and shall not constitute an offer within the meaning of the provisions of the Civil Code.

 

§ 5.      MERCHANT CREDIT

1)           The DISTRIBUTOR may grant the CUSTOMER a credit limit for purchasing goods with deferred payment based on a limit granted by a cooperating insurance company.

2)           The CUSTOMER, while applying for a credit limit, at the same time authorises the DISTRIBUTOR to provide all necessary data and information obtained from the CUSTOMER to the cooperating insurance company and to process such data and information by the said company, including: personal data, as well as to provide information on the transactions concluded.

3)           If a credit limit is obtained, the CUSTOMER shall be informed by the DISTRIBUTOR on the amount of the limit granted and on the payment deferment period, counting from the date of issuing a respective invoice.

4)           If a payment due date stipulated in item 3 against any invoice is not met, the DISTRIBUTOR shall have the right to suspend the fulfilment of subsequent orders with deferred payment until the CUSTOMER settles the arrears.

5)           The DISTRIBUTOR may also establish a different date or manner of payment for goods if it determines that the CUSTOMER is in arrears with payments.

6)           The DISTRIBUTOR hereby reserves the right to change or cancel a credit limit granted to the CUSTOMER without providing reasons.

7)           The CUSTOMER shall settle its arrears against an invoice issued, within the time set and to the DISTRIBUTOR'S bank account indicated on the invoice. A payment date shall be the date of crediting the DISTRIBUTOR'S bank account.

8)           Unless the CUSTOMER specifies otherwise while paying, the payment shall be calculated by the DISTRIBUTOR towards the amounts due resulting from the earliest payable invoices.

 

 

§ 6.      COMPLAINTS

1)           The Customer, as part of benefiting from the warranty, may submit a complaint for goods purchased from the DISTRIBUTOR, and then monitor a complaint status with the use of a tab “Service and Complaints” on B2B PLATFORM.

2)         A detailed manner of benefiting from warranty and guarantee rights by CUSTOMERS shall be stipulated in the rules posted at: http://www.megabajt.com.pl/regulamin.html.

 

§ 7.      TRADE SECRETS AND LIABILITY

1)           Information on the availability and prices of goods presented by the DISTRIBUTOR on B2B PLATFORMare for the CUSTOMER'S information only.

2)           Neither the CUSTOMER nor any of its USERS may provide data referred to in item 1 to third parties or use them or process for purposes other than those associated with the purchase of goods from the DISTRIBUTOR.

3)         The DISTRIBUTOR shall not be responsible for any interruptions or disruptions in the operation of B2B PLATFORM if caused by:

  1. modification, modernisation, extension or maintenance of the ICT system or software of the DISTRIBUTOR,
  2. Force Majeure, acts or omissions of third parties (acts beyond the DISTRIBUTOR'S control).

4)           The DISTRIBUTOR shall not be liable for the impossibility of using or hindrances in using B2B PLATFORM caused by the CUSTOMER, including but not limited to the loss of the Customer's password or acquiring its password by third parties (regardless of the method).

 

§ 8.      PERSONAL DATA

1)           The DISTRIBUTOR shall be the Administrator of the CUSTOMER'S personal data and of its USERS, provided to the DISTRIBUTOR voluntarily as part of REGISTRATION and creation of additional USERS.

2)           Personal data shall be provided to the DISTRIBUTOR voluntarily; nevertheless, a failure to provide data in the course of REGISTRATION specified in the RULES may prevent establishing an account of the CUSTOMER or USER, granting a credit limit or placing and fulfilling a CUSTOMER'S order.

3)           Personal data shall be processed by the DISTRIBUTOR only for the purpose of fulfilling orders.

4)           Those providing their personal data to the DISTRIBUTOR shall have the right to access, correct or delete them.

5)         The DISTRIBUTOR shall protect the personal data provided and shall exercise its best efforts to secure them against unauthorised access or use. A group of gathered personal data of CUSTOMERS and their USERS shall be treated as a separated data base stored on the DISTRIBUTOR'S server, in a special safety zone ensuring correct protection.

6)           The DISTRIBUTOR shall not provide, sell or lend the collected personal data of CUSTOMERS to other persons or institutions unless it takes place upon express consent or to the order of the CUSTOMER pursuant to the applicable provisions of law or upon the order of the court, prosecutor's office, police and other authorised body and if CUSTOMERS violate the provisions of law.

7)           The DISTRIBUTOR shall use the mechanism of cookie files which at the time of using B2B PLATFORM by USERS are stored by the DISTRIBUTOR’S server on a hard disk of the USER’S end device.

8)           The application of cookie files is aimed at ensuring the correct operation of B2B PLATFORM on the USER’S end devices. The said mechanism shall not destroy the USER’S end device and shall not cause configuration changes on such end devices or software installed on such devices.

 

§ 9.      Amendments to the Rules

1)           These Rules shall become effective as of 25.04.2016.

2)           If the Rules are amended, the CUSTOMER shall be notified by the DISTRIBUTOR on B2B PLATFORM not later than 14 (fourteen) days prior to the effective date of new Rules.

3)           If the CUSTOMER does not accept the new Rules, it shall notify the DISTRIBUTOR not later than 3 (three) days prior to the effective date of new Rules.

4)           All the orders placed on B2B PLATFORM prior to the date of amending the RULES shall be fulfilled under the rules which were effective as of the date of submitting an order by the CUSTOMER.

5)           If any part of the RULES is deemed to be invalid or ineffective within the meaning of the applicable provisions of law, such a part must be interpreted so that it conforms to the applicable law and so that it reflects the intention of a respective provision as close as possible. The other parts of the RULES shall remain effective and enforceable.