Regulations

B2B PLATFORM RULES

www.ezarys.com

I. GENERAL INFORMATION

1. This document (hereinafter referred to as the Rules) forms the rules referred to in Art. 8 of the act on the provision of services by electronic means of 18.07.2002 and provides for rights and obligations of users of the b2b purchase platform available at www.ezarys.com operated by the Service Provider.

2. The B2B sales platform www.ezarys.com is operated by ZARYS International Group Sp. z o.o. Sp.k. with its registered office in Zabrze (postal code: 41-808), ul. Pod Borem 18, entered in the register of companies kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under the number 0000540772, NIP (VAT No.) 648-199-77-18, REGON (statistical ID) 273295877.

II. DEFINITIONS

The following terms used herein shall have the following meaning:

Business Days: days from Monday to Friday, excluding public holidays.

Commercial information: information about Goods displayed in the B2B Platform. Commercial information concerning prices and availability of Goods, before Goods are added to the Basket, does not constitute an offer within the meaning of the Civil Code, but an invitation to negotiation.

Password: a sequence of alphanumeric signs necessary to authorise the User while logging into the Account. The password is defined by the User on their own at the Account registration stage.

Clauses: statements that the User can make on their own by ticking checkboxes in the form available in the B2B Platform at the Account opening stage, which, if ticked, mean the acceptance of a given statement, i.e. the acceptance of the Rules, the General Sales Terms and Conditions and the Privacy Policy of the B2B Platform, and, separately, a consent to receive commercial information by electronic means for direct marketing purposes.

Account: a number of functionalities of the B2B Platform and a set of data provided by the User, available upon registration.

Order Form (Basket): an electronic form available in the B2B Platform, where the User specifies terms of the sales agreement to make an Order.

Customer: a Business Partner within the meaning of the General Sales Terms and Conditions of the B2B Platform.

Login: the User’s e-mail address used to open and log into the Account.

General Sales Terms and Conditions: General Sales Terms and Conditions of the B2B Platform. These is a collection of terms and conditions coming within each sales agreement, as available in the B2B Platform.

B2B Platform: the website www.ezarys.com.

Goods: a movable thing offered for sale via the B2B Platform.

Contents: texts, photos, films published in the B2B Platform by the Service Provider.

Sales Agreement: a sales agreement within the meaning of Civil Code entered via the B2B Platform between the Service Provider, as a seller, and the User, as a buyer. The agreement includes the Order and the General Sales Terms and Conditions. The Sales Agreement is entered into the moment ZARYS confirms that the Order has been accepted.

Service: a service provided by electronic means within the meaning of the act of 18 July 2002 on the provision of services by electronic means. The service may consist in:

1)            displaying the User’s content in the B2B Platform;

2)            opening the Account;

3)            using the Order Form.

The Services are provided free of charge. The account opening agreement is entered into for an unlimited period. Other services are provided for the defined period time arising from the essence of a given functionality of the B2B Platform or the User’s decision to terminate the Service.

User: a natural or legal person or an unincorporated business unit that has legal capacity, carries out business activity and uses the B2B Platform. The User is a Customer within the meaning of the General Sales Terms and Conditions under the Sales Agreement. A person opening the Account on behalf of another entity represents that they are authorised to act on behalf of that entity.

Service Provider: ZARYS International Group Sp. z o.o. Sp.k. with its registered office in Zabrze, ul. Pod Borem 18, 41-808 Zabrze, entered in the register of companies by the District Court in Gliwice, 10th Commercial Division of the National Court Register, NIP (VAT No.): 648-199-77-18, REGON (statistical ID): 273295877.

The Service Provider is a Seller within the meaning of the General Sales Terms and Conditions under the Sales Agreement.

Order: a set of Goods chosen by the Customer in an electronic form with the Customer’s statement made in the Order Form, which constitutes a proposal for entering into the Sales Agreement under terms and conditions set out therein and in the General Sales Terms and Conditions.

III. TERMS AND CONDITIONS FOR ENTERING INTO, PERFORMING AND TERMINATING AGREEMENTS CONCERNING THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1.         B2B Platform

The B2B Platform is used for the first time the moment it is displayed on the User’s screen. The User stops using the B2B Platform the moment it is closed in the Internet browser.

2.         Account

To place Orders via the B2B Platform, the User must open an Account.

1)                 To open the Account, the User must:

a)                  send an e-mail with company data, the User’s surname and forename, VAT number, REGON, business address, e-mail address and telephone number to b2b@zarys.pl;

b)                 accept the B2B Platform Rules, the General Sales Terms and Conditions and the Privacy Policy. The User may withdraw their acceptance at any time, as a result of which the Account will be deleted.

c)                  by agreeing to create an account on the www.ezarys.com platform, the User agrees to be contacted via e-mail, made for direct marketing purposes.

2)                 The Account is opened in the B2B Platform free of charge.

3)                 The Account is available to people that log into the Account by giving a proper Login and Password.

4)                 The User is liable for any consequences arising from making their Login and Password available to third parties, including in particular the User’s employees or business partners.

5)                 The User may delete the Account at any time without notice by sending a statement on the deletion of the Account to ZARYS International Group sp. z o.o. Sp.k. in an effective way, in particular by e-mail to b2b@zarys.pl or in writing to the following address: ZARYS International Group Sp. z o.o. Sp.k. ul. Pod Borem 18, 41-808 Zabrze.

6)                 The deletion of the Account is without prejudice to:

a.                  the obligation to perform the Sales Agreements entered into until the receipt of the User’s statement on the deletion of the Account by the Service Provider;

b.                  the obligation to effectively order a courier to deliver the Goods in the case of orders placed until the receipt of the User’s statement on the deletion of the Account by the Service Provider;

c.                  the effectiveness of complaints made before the receipt of the User’s statement on the deletion of the Account by the Service Provider;

d.                  the Service Provider’s right to publish Contents provided by the User before the deletion of the Account in the Platform.

3.         Order Form

1)                 The Order Form is used to precisely define the terms of the Sales Agreement, including the quantity and type of Goods, a delivery method, a payment method, a delivery place.

2)                 The User starts using the Order Form the moment the first goods are added to the Basket and ends using the Order Form the moment the Order is placed by clicking the “Send the Order” button or the B2B Platform website is closed without the Order having been placed.

3)                 The User may make changes in the Order Form until the “Send the Order” button is clicked. The User may stop filling in the Order Form at any time by closing the B2B Platform website or by leaving the Order Form and moving to a different site of the Platform. Closing the Platform website results in deleting all data prior input into the Order Form. Moving to another site of the Platform results in deleting all data prior input into the Order Form, except for Goods added to the Basket. Goods added to the Basket remain therein.

4)                 Adding Goods to the Basket does not mean that those Goods are confirmed to be available for the purpose of the Order. The availability of Goods is verified on a case-by-case basis by clicking the “Move to summary” button.

5)                 The moment the User clicks “Send the order”, an e-mail containing a proposed Sales Agreement to be entered into under terms and conditions specified in the Order and in the General Sales Terms and Conditions is sent to the Service Provider. In addition, the moment the User clicks “Send the order”, an e-mail containing the Service Provider’s confirmation that the proposal made by the User has been accepted under terms and conditions specified in the Order and in the General Sales Terms and Conditions is sent to the User.

6)                 The Sales Agreement is entered into the moment by the Service Provider accepts the Order.

IV. COMPLAINT PROCEDURES

1)                 The User has the right to make complaints concerning the Services. Complaints concerning the Services must be submitted by e-mail to b2b@zarys.pl.

2)                 The complain shall contain the following data:

a)      the User’s data (forename, surname, company data, address, e-mail);

b)      a request made by the User.

3)                 ZARYS International Group Sp. z o.o. Sp.k. will use all efforts to handle complaints no later than within 30 days of the receipt thereof.

V. THE CUSTOMER MUST NOT DELIVER ILLEGAL CONTENTS

The User must use the B2B Platform in accordance with law and best practices, and must respect personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The User must not provide illegal contents.

VI. INFORMATION ABOUT THREATS CONNECTED WITH THE USE OF SERVICES PROVIDED BY ELECTRONIC MEANS

The Service Provider points out that the use of the Internet, including services provided by electronic means, is connected with a risk of infection of an IT system with malicious software, e.g. viruses, bugs or Troyan horses. Notwithstanding the security measures applied by the Service Provider in the B2B Platform website, each Internet user should protect their computer with antivirus software containing an up-to-date virus database and with an individual firewall. There are top quality commercial and free-of-charge programmes available in the market. Those tools, depending on the option chosen by the User, protect the computer to a smaller or greater extent against undesired attacks of other Internet users. It is also necessary to set up the Internet browser in a correct way. A frequent type of attack is phising. It consists in an attempt to swindle passwords. Those attacks consist in sending an e-mail with request to log into the account in the defined website, which is allegedly accessible at the link given in the e-mail, to a potential victim. Those links usually refer users to falsified websites which are confusingly similar to the original. During the logging process, the passwords are captured from forms and then used by the attacker to log into the victim’s existing accounts. To avoid the risk of such an attack, the User should remember that the Service Provider never sends e-mails requesting passwords to the User’s account. Any e-mail of this type should arouse suspicions. The User is recommended to contact and inform the Service Provider about the situation. The User should not open sites given in links in such e-mails. The User must never send any logins and passwords to the Account by e-mail. While logging into the Account, the User must pay attention whether the information that the website uses a HTTPS protocol is displayed in the website bar. Logins and passwords must not be disclosed to persons that have not been authorised by the Service Provider to access the Account. Logins and passwords must be input in a way unrecognisable to other people. Passwords must not be written down and should be changed at regular intervals.

VII. TECHNICAL REQUIREMENTS OF COOPERATION WITH THE SERVICE PROVIDER’S IT SYSTEM

1.                  an end device with Internet connection;

2.                  Internet access;

3.                  the latest version of an adequately configured browser: Microsoft Internet Explorer, Opera, Firefox or Chrome;

4.                  an enabled cookies option;

5.                  an active JavaScript interpreter;

6.                  an active e-mail account.

VIII. PERSONAL DATA

Detailed information about the protection of personal data of B2B Platform customers is available on www.ezarys.com/polityka-prywatności.

IX. COPYRIGHTS

1.      The website of the B2B Platform is copyright protected. All rights that are not expressly attributable to the User on the basis of these Rules are restricted to the Service Provider or entities granting a licence for the use of particular works presented in the form of the website content to the Service Provider.

2.      The Service Provider authorises the User to use the visual identification of Goods bought from the Service Provider via the B2B Platform in accordance with the description and photos of Goods available in the B2B Platform (hereinafter referred to as “Works”).

3.      In connection with Section 2 above, the moment these Rules are accepted the Service Provider grants a free non-exclusive licence to the User for the use of Works in the territory of Poland in the following fields:

a)                  publishing and processing for the purpose of the User’s website for all marketing purposes;

b)                 publishing and processing of an assortment presented in the Works and bought from the Service Provider for the purpose of the User’s own advertising campaigns.

4.      The User may request the Service Provider to provide electronic copies of Works. Works will be delivered in an electronic form to the return e-mail address based on the User’s request sent to the following e-mail address: grafik@zarys.pl.

5.      Works must not be modified in any way without the Service Provider’s prior written consent. The User does not have the right to grant any licences to Works.

6.      Given the licence granted to the User and the fact that to use Works for advertising purposes, the User must obey the act of 7 April 2022 on medical devices, the Service Provider is not liable anyhow for the way Works are used by the User.

7.      The licence referred to in Section 2 above is granted for a limited period, i.e. from the acceptance of these Rules until the deletion of the Account and the expiry of the incorporation of the Goods whose visual identification comes within the Works in the commercial offer of the User and/or the Service Provider, subject to Section 8 below. As of the expiry of the licence, the User must stop using and processing Works in any form in any way.

8.      The Service Provider may terminate the User’s licence referred to in this chapter with a one-month notice period to come into force as of the end of a calendar month.

9.      The User may use other works and databases available in the websites of the B2B Platform to the extent of permitted use stemming from the copyrights and related rights act of 04.02.1994 and the database protection act of 27.07.2001.

X. MISCELLANEUOUS
1.       The Service Provider has the right to amend these Rules for important reasons. Important reasons include:

a)       the introduction of new Services, making changes in, or ceasing to provide, the existing Services, in particular due to changes in the Service Provider’s commercial policy, changes in the Service Provider’s market environment due to technical, technological or IT progress, amendments to legal regulations;

b)      the enforcement of new or amendments to the existing legal regulations applicable to the Service Provider or the User, including in particular those having an impact on the provision of services by electronic means or the execution of remote agreements or providing for consumer rights and obligations;

c)       amendments to or the enforcement of new interpretations of commonly applicable legal regulations as a result of court judgements or decisions made by public authorities, having an impact on the Service Provider’s activity.

2.       The Service Provider will notify the User of any planned amendment to the Rules in the form of a notice displayed in the B2B Platform website and sent by e-mail to the User’s e-mail address given at the Account registration stage. The new Rules will come into force within no less than 14 days of the receipt of the notice by the User. If the User does not accept the new Rules, they have the right to terminate the agreement at any time before the effective date in the way set out in Part IV Section 3.9 hereof. The amendments to the Rules are without prejudice to the content of legal activities taken by the Service Provider and the User via the B2B Platform prior to the effective date of the new Rules.

3.       These Rules come into force as of 1 April 2024.

V. THE CUSTOMER MUST NOT DELIVER ILLEGAL CONTENTS The User must use the B2B Platform in accordance with law and best practices, and must respect personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The User must not provide illegal contents.

V. THE CUSTOMER MUST NOT DELIVER ILLEGAL CONTENTS

The User must use the B2B Platform in accordance with law and best practices, and must respect personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The User must not provide illegal contents.