Platform Regulations

1. GENERAL PROVISIONS

1.1. The Online Platform is operated at https://parfumcompany.pl/ by Parfum Company Spółka z ograniczoną odpowiedzialnością Spółka komandytowo-akcyjna with its registered office in Zakręt near Warsaw (registered office and delivery address: Lubelska St. 42, 05-077 Zakręt), entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000447215; the registration court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital of: PLN 50,000.00; NIP: 1132861515; REGON: 146484714; e-mail address: info@parfumcomapny.pl; telephone number: +48 503 118 100.

1.2. The Online Platform is an ICT platform enabling the Customer to learn about the Seller's Goods, including the prices and availability of the Goods, to conclude a Sales Contract, as well as to conclude contracts for the provision of Services electronically, as referred to in the Regulations.

1.3. The Online Platform is operated in accordance with the Regulations.

2. DEFINITIONS

2.1. Terms used in the Terms of Use shall mean:

Working days - weekdays from Monday to Friday, excluding public holidays.

Contact Form - a functionality of the Online Platform that enables the Client to make electronic contact with the Service Provider.
Password - a sequence of alphanumeric characters necessary for authentication (identification of the Customer) when logging into the Account, independently determined by the Customer during Account registration.

Clauses - consents in the form of so-called checkboxes available on the website of the Online Platform at the stage of Account registration or when placing an order, the ticking of which separately signifies the Customer's reading and acceptance of these Regulations, GTCS and Privacy Policy, consent to the processing of personal data for marketing purposes, consent to the sending of commercial information by electronic means and consent to contact using telecommunication terminal equipment.

Account - functionality of the Online Platform , consisting of the provision of IT functionalities of the Online Platform allowing for the entry and storage of the Client's data, recording information on activities performed by the Client and allowing for full use of the Online Platform, including sending an Inquiry to the Seller, reading offers prepared by the Seller in response to an Inquiry sent by the Service Recipient, placing orders for Goods and concluding a contract for Goods, accessing invoices for purchases made on the Online Platform, checking the status of one's orders, the amount of available credit limit. Access to the Account is possible after registration and logging in. The person setting up an Account on behalf of a legal person or other organisational unit declares that he/she is authorised to act on behalf of that person.

Shopping Cart - functionality of the Web Platform allowing the Customer to verify the Goods selected for purchase and to modify order data, in particular: the quantity of the Goods, delivery address, invoice data, method of delivery, method of payment. The Customer has the ability to save multiple shopping carts and subsequently load and modify them, as well as transfer order data saved in individual shopping carts to the main shopping cart.

Login - the e-mail address of the Customer used during Account registration and each time the Account is used.

Newsletter - information, including commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2016, item 1030 as amended) from the Service Provider, sent to the Customer electronically.
General Terms and Conditions of Sale (GTCS) - a set of general terms and conditions constituting an element of the content of each Sales Agreement. Moreover, GTCS constitute an integral part of the Regulations and are available on the Online Platform at https://parfumcompany.pl/ under the tab General Terms and Conditions of Sale.

Online Platform - a system of websites made available and operating under the domain address https://parfumcompany.pl/ and subordinate domains, with the use of which the Seller sells the Goods on his offer via the Online.

Seller - an entrepreneur making sales via the Online Platform. Details of the Seller can be found in the General Terms and Conditions of Sale (GTCS).

Goods - the totality of movable goods sold by the Seller via the Online Platform.

Content - all factual and graphical content posted on the Online Platform by the Service Provider, including articles posted in the News area.

Service - a service provided by the Service Provider to the Customer by electronic means within the meaning of Art. 2 pt. 4 of the Act of 18 July 2002 on the provision of services by electronic means (Dz.U.2020.344 t.j. of 2020.03.03 as amended), on the principles set out in the Regulations.

Customer - a natural person running a business, a legal person or an organisational unit without legal personality that uses the Online Platform.

Service Provider - Parfum Company Spółka z ograniczoną odpowiedzialnością Spółka komandytowo-akcyjna with its registered office in Zakręt near Warsaw (registered office and delivery address: Lubelska 42, 05-077 Zakręt), entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000447215; the registration court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital of: PLN 50,000.00; NIP: 1132861515; REGON: 146484714; e-mail address: info@parfumcomapny.pl; telephone number: +48 503 118 100.

Sales Agreement - a sales agreement within the meaning of the Act of 23 April 1964 Civil Code. The content of the Contract of Sale consists of the content of the Order and GTCS. The provisions of these Terms and Conditions, the Privacy Policy and the Clauses marked by the Customer shall apply to the Sales Agreement to the extent applicable.

User - a natural person using the Online Platform, being the Customer or a person authorised by the Customer to use the Online Platform, including placing orders for Goods.

Enquiry - a function available on the Online Platform via the "Make an Enquiry" button in the Account, which allows the Seller to request the preparation of an offer for Goods not normally available via the Online Platform or the preparation of a sales offer at different price conditions or concerning the cost of transport than those available to him under the terms applicable to him on the Online Platform.

3. CONCLUSION AND PERFORMANCE OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

3.1. The Service Provider via the Online Platform provides the Services electronically. The services provided electronically are free of charge.

3.2. The services provided by electronic means referred to in point 3.1. consist in making available to the Customer all the functionalities of the Online Platform, including those enabling the conclusion of a Sales Contract via the Online Platform, and in particular consist in:

a) making available, at the individual request of the Customer, information placed on the Online Platform by displaying a page with a specific URL, including information concerning the Seller and the Goods, as well as information concerning the conclusion of the Sales Contract and its performance;

b) to enable, at the individual request of the Customer, communication for the purpose of concluding a contract, including the placing of an order, in particular by means of an order form;

c) to enable the Customer to conclude a Sales Contract via the Online Platform, including the possibility of agreeing the terms of the contract, determining the price for the Goods and shipping costs;

d) the presentation of the Goods sold via the Online Platform;

e) enabling other contact with the Service Provider and the Seller, in particular through the Contact Form service;

f) providing the Customer with commercial information - Newsletter, if the Customer has consented to this.

3.3. Through the Online Platform, the Service Provider provides in particular the following electronically provided Services:

a) Account service;

b) service Enquiry;

c) a content sharing service, including the News zone;

d) Newsletter service;

e) service Comments;

f) service Contact Form.

3.4. The conclusion of the Agreement for an Account is reached by creating an Account within the registration procedure described below. The conclusion of a contract for other Services provided by electronic means is reached by the start of the use of the given Service provided by electronic means by the Customer, i.e. by starting to use the given functionality of the Online Platform. The use of the Service provided electronically by the Customer takes place according to the principles indicated in the Regulations.

3.5. Account Agreement:

a) The Client may create an Account on the Online Platform. In order to create an Account, the Service Recipient fills in the relevant registration form available on the Web Platform by entering the data required by the Service Provider. In order to create an Account, it is required to complete all fields marked with an asterisk "*", whereby only those fields marked with an asterisk "*" are required for the data necessary for the establishment, shaping of the content, change or termination of the agreement for the possession of an Account. During Account registration, the Customer enters the Login and defines the Password. In order to register an Account, it is also necessary for the Service Recipient to accept the content of the Platform Regulations, GTCS and Privacy Policy. By accepting the Platform Regulations, GTCS and Privacy Policy, the Customer declares that he/she has read the Platform Regulations, GTCS and Privacy Policy and undertakes to apply the Platform Regulations and GTCS, and that the data provided by the Customer is factually correct and does not violate any rights of third parties. The Customer is not obliged to accept the other Clauses available at the stage of Account registration. After filling in the registration form, ticking the relevant Clause and clicking on the "Register" button, the Service Provider sends a message containing information on the creation of an Account to the e-mail address provided by the Client during the Account registration. Completion of the Account registration process is subject to confirmation of this fact by clicking by the recipient of this message on the link attached to the aforementioned message.

b) The Account is assigned to the Customer. The Service Recipient is only entitled to register one Account.

c) An account is only available to persons who log in with their respective Login and Password. The Customer is responsible for the consequences of making the Login and Password available to third parties.

d) The Customer may establish additional sub-accounts for Users within the Account, defining the rights for each sub-account.

e) The customer undertakes to ensure that the users designated by him/her comply with the content of the Regulations and assumes full responsibility for the actions of the designated users.

3.6. The Enquiry service allows the Client to request the Service Provider to prepare an offer for Goods not normally available through the Online Platform or to prepare an offer for sale on different price conditions or transport costs than those available to that Client on the Online Platform.

3.7. The Content Sharing Service allows the Customer to consult the Content made available on the Online Platform, including articles posted in the News area.

3.8. The Newsletter is a service by which the Customer may receive electronically from the Service Provider any information, including commercial information, if the Customer has consented to it.

3.9. As part of the Comments service, the Customer has the possibility of posting his or her contributions to Content in respect of which the functionalities of the Online Platform allow for their posting, in particular within the News area. The comments service is free of charge.

3.10. The Contact Form service enables the Customer to make electronic contact with the Service Provider.

3.11. It is prohibited for the Customer using the Service provided electronically to provide content of an unlawful nature. In particular, it is prohibited to post content within the comments in the News area:

a) inciting hatred, including racial, religious or ethnic hatred, or advocating violence or inciting or encouraging violence;

b) of a threatening or so-called hate speech nature;

c) infringing copyright or rights of publicity;

d) infringing industrial property rights;

e) intentionally insulting, defaming or otherwise violating personal rights;

f) constituting acts of unfair competition;

g) making personal data available in an unlawful manner or in breach of legally protected secrets;

h) promoting alcohol or drugs;

i) infringing the rights of third parties or public decency;

j) whose purpose is to humiliate, embarrass, harass or stalk another person;

k) constituting an infringement.

3.12. The contract for the provision of Services by electronic means is concluded for an indefinite period.

4. TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

4.1. The Customer may terminate the use of a given Service provided electronically at any time. The termination of the agreement for the use of a given Service provided electronically shall be effected by ceasing to use the relevant functionality of the Online Platform. In such a case, the agreement for the use of the Service provided electronically shall terminate without the need for any additional declaration by the parties, subject to the points below.

4.2. The Customer may terminate the Agreement for the Account at any time without stating reasons. The termination of the Agreement for the Account by the Service Recipient takes place by sending a declaration of intent to delete the Account in any way that ensures its delivery to the Service Provider, in particular by sending a declaration by e-mail to the e-mail address info@parfumcompany.pl or in writing to the address: Parfum Company Sp. z o.o. S.K.A. with its registered office in Zakręt near Warsaw at Lubelska St. 42, postal code 05-077.

4.3. The termination of the Account Agreement by the Customer shall not affect the obligation to perform the Sales Contracts concluded via the Online Platform until the Service Provider has received a declaration of intent to delete the Account.

4.4. In the event of termination of the Account Agreement, the Account of the relevant Customer shall cease to be active and accessible to the Customer, and all orders placed by the Customer and Inquiries sent by the Customer, with the exception of those for which Sales Agreements have already been concluded, shall be cancelled.

4.5. The Service Provider may terminate the Account agreement at any time, without stating reasons, by giving 14 days' notice. A notice of termination of the Account agreement will be sent by e-mail to the address provided by the Customer at the Account registration stage.

4.6. Termination of the Account Agreement by the Service Provider shall not affect the obligation to perform the Sales Contracts concluded via the Online Platform until the termination of the Account Agreement.

5. PERSONAL DATA

5.1. Detailed information on the protection of Customers' personal data is available on the Online Platform at https://parfumcompany.pl/ under the Privacy Policy tab.

6. COPYRIGHTS

6.1. The Website of the Online Platform is protected by copyright. All rights not expressly granted to the Service Recipient under these Terms and Conditions are reserved.

6.2. The Client may use the works and databases contained on the Online Platform website only within the scope of permitted use designated by the provisions of the Act of 4 February 1994 on copyright and related rights and the Act of 27 July 2001 on the protection of databases. In particular, apart from the cases specified in these provisions, the following are prohibited for commercial purposes without the prior written consent of the Service Provider: reproduction, copying, transmission, distribution or storage of part or all website content of the Online Platform, unless otherwise stipulated in the Regulations.

6.3. On the basis of the contract for the provision of Services referred to in the Regulations, the Service Provider grants the Client a non-exclusive, royalty-free and non-transferable licence to use the Client's copyrights in the works posted on website of the Online Platform solely for the purpose of concluding a Sales Contract or a contract for the provision of Services referred to in the Regulations. The use of the website of the Online Platform and its content is permitted for the Service Recipient's own and non-commercial purposes. The licence shall automatically terminate with the termination of the contract for the provision of Services referred to in the Regulations.

6.4. The Service Provider grants the Client permission to print copies or extracts from the website of the Online Platform exclusively for the Client's own use, not related to the Client's business or professional activity.

7. TECHNICAL REQUIREMENTS

7.1. Access to and use of the Online Platform is possible on operating systems platforms that allow the use of the Online and software with web browser functionality that allows HTML documents to be displayed on a computer screen, on any type of computer that meets the requirements of such operating systems and through any type of Online connection using software with web browser functionality such as Microsoft Online Explorer, Mozilla Firefox, Opera, Apple Safari and Google Chrome, or on mobile devices equipped with software that allows the Online Platform to be displayed on such devices, in particular applications with web browser functionality for mobile devices. The use of the latest version of web browsers is recommended.

8. FINAL PROVISIONS

8.1. The Regulations are made available to the Client on the Online Platform at https://parfumcompany.pl/ under the tab Platform Regulations prior to the conclusion of the agreement, and also - at the Client's request - in a form which allows the content of the Regulations to be acquired, reproduced and recorded by means of the ICT system used by the Client, including, in particular, downloading, copying, downloading and saving them to the Client's disk or printing.

8.2. The Regulations are an integral part of the contract concluded through the Online Platform, including the contract for the provision of the Service by electronic means.

8.3. The Regulations may be amended. The release of the amended Regulations shall take place in accordance with Section 8.1. and shall apply to orders for Goods placed after the Regulations have been made available and a statement has been made by the Service Recipient in the course of placing the order that he/she is aware of the Regulations after they have been amended; in particular, the amendment of the Regulations shall not apply to orders placed before they were made available, as well as to the Service provided electronically, which the Service Recipient has started using before they were made available. With regard to Services of a continuous nature, if the Regulations are amended during the period of validity of this Service, the amendments to the Regulations shall be binding on the Service Recipient if he does not terminate the agreement within 7 days from the date on which the amendment to the Regulations was made available.

8.4. The Service Provider shall take all measures to ensure the correct functioning of the Online Platform and undertakes to rectify any malfunctions of the Online Platform without undue delay.

8.5. The Client has the right to notify the Service Provider of any breach of his/her rights, as well as of any breach of the principles set out in the Regulations or the Privacy Policy.

8.6. Any disputes that may arise between the Service Provider and the Client will be settled by the courts having jurisdiction over the Service Provider's registered office.

8.7. To the extent not covered by these Regulations, the generally applicable provisions of Polish law shall apply.