Terms and Conditions of the OEX24.com online platform

 

§ I.

General information

  1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) specify the terms and conditions of using the online distribution platform OEX24.com, operating at the Internet address www.oex24.com (hereinafter referred to as the ”Platform”).
  2. The Platform’s owner is the company OEX24 spółka z ograniczoną odpowiedzialnością (limited liability company) with their registered office in Warsaw (02-797), at
    ul. Franciszka Klimczaka 1, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under the National Court Register (KRS) number: 0000757616, with a Tax Identification Number (NIP): 9512473249, National Business Registry Number (REGON): 381802187 (hereinafter referred to as the “Company”).
  3. Contact with the Company is possible by means of:
    1. electronic mail: contact@oex24.com;
    2. telephone: +48 22 228 78 78;
    3. traditional mail: Warszawa (02-797), ul. Franciszka Klimczaka 1.
  4. By means of the Platform, the Buyers may purchase Goods offered through it by the Company and External Vendors. The Buyers can only be entities that are not consumers.
  5. Information about the Goods available on the Platform, particularly their descriptions, technical and functional parameters as well as prices, constitute an invitation to conclude a sales contract in the meaning of Art. 71 of the Civil Code.
  6. Before using the Platform, the User is obliged to read the Terms and Conditions and the Privacy Policy.

 

§ II.

Definitions

  1. The Company - OEX24 with their registered office in Warsaw (02-797), at ul. Franciszka Klimczaka 1, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under the National Court Register (KRS) number: 0000757616, with a Tax Identification Number (NIP): 9512473249, National Business Registry Number (REGON): 381802187. The Company is a party to a sales contract, the subject matter of which is the Goods offered by them.
  2. Customer Service Centre - an organizational unit of the Company, the task of which is to provide Users with information and assistance regarding the use of the Platform.
  3. Platform – an online distribution platform OEX24.com operating at the Internet address www.oex24.com, by means of which it is possible to purchase Goods offered by the Company and External Vendors.
  4. External Vendor – an entity which, on the basis of an individual contract with the Company, carries out sales of the Goods on their own behalf and on their own account through the Platform. The External Vendor is a party to the sales contract the subject matter of which is the Goods offered by them.
  5. External Vendor Card - information available on the Platform regarding a given External Vendor, including in particular the manner of executing by him the warranty for defects in the Goods, complaint procedure, Goods return policy, etc.
  6. User – Buyer or Unregistered user.
  7. Buyer – a natural person running a sole proprietorship, a legal entity or an organizational unit without legal personality, to which specific provisions confer legal capacity, being an entrepreneur within the meaning of Art. 431 of the Civil Code.
  8. Unregistered User – an entity that is not a Buyer that uses the functionality of the Platform which does not require the creation of an Account.
  9. Account – a panel created in the Platform's IT system, enabling the use of its functionality, in particular the purchase of Goods offered through it. An account can be created only for the entity being the Buyer.
  10. Goods – an item, offered through the Platform, which the Buyer may purchase.
  11. Business days – days of the week from Monday to Friday, with the exclusion of public holidays in accordance with the law of the Republic of Poland.
  12. Privacy Policy – a document which specifies the rules for the processing of personal data by the Company.

 

§ III.

Technical requirements

  1. In order for the Users to properly use the services available on the Platform, it is necessary to:
    1. be connected to the Internet.
    2. have devices that allow the use of Internet resources.
    3. use of a web browser enabling the display of hypertext documents on the screen, connected on the Internet by a web-based WWW service and supporting JavaScript programming language, and also accepting cookie type files.
    4. in the case of the Buyer - having an active electronic mail account (e-mail).
  2. Under the Platform, Users are prohibited from using viruses, bots, worms, or other computer codes, files, or programs (in particular, automating script processes and applications or other codes, files, or tools).
  3. The Company informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational, and technical measures, in particular to prevent unauthorised third-party access to the data, including through SSL encryption, access passwords, and anti-virus programs or programs protecting against unwanted software.
  4. The Company informs that despite the use of the security measures referred to in pt. 3 above, the use of the Internet and services provided electronically may be at risk of getting into the ICT system and the Users' device, malicious software or getting access to data on this device by third parties. In order to minimise the said threat, the Company recommends using anti-virus programs or measures to protect identification on the Internet.

 

§ IV.

Rules of using the Platform

  1. The User is obliged to use the Platform in a manner consistent with the provisions of the generally applicable law, the provisions of the Terms and Conditions, as well as in accordance of good practice.
  2. The provision of unlawful content by the User is prohibited.

 

§ V.

Account creation

  1. Purchasing Goods offered via the Platform requires creating an Account.
  2. In order to create an Account, the Buyer should do the following:
    1. enter the www.oex24.com website;
    2. click on the “Registration” tab;
    3. in the displayed form, enter the following obligatory data:
      1. e-mail address;
      2. a password to the account created by the Buyer, containing no less than 8 characters, including at least 1 capital letter, at least 1 digit and 1 special character;
      3. the name of the Buyer's company (disclosed in CEIDG or the National Court Register (KRS)),
      4. first and surname,
      5. Buyer's address (street, post code, place),
      6. Tax Identification Number (NIP),
      7. country;
      8. telephone number;
    4. tick the checkbox next to the statement of familiarisation with the Terms and Conditions and the Privacy Policy and the acceptance of their provisions;
    5. click on the “Confirm” option.
  3. The data, mentioned in sec. 2, provided by the Buyer, are verified by an employee of the Company’s Customer Service Centre. The Company may refuse to set up an Account if:
    1. the data provided at the time of setting up the Account is incomplete, false or the Buyer was not entitled to provide it;
    2. The Buyer with a registered office in Poland or another EU country being a registered VAT payer does not have the status of an active payer of VAT.
  4. In the event of doubts as to the completeness or truthfulness of the data provided, the Company may make the creation of the Account conditional on the submission by the Buyer of documents confirming them.
  5. The Company shall inform the Buyer about setting up the Account immediately upon successful completion of the verification. At the moment of notifying the Buyer, a contract for providing the Account service shall be concluded and the Company commences its provision.
  6. The Buyer may at any time terminate the account service agreement and send a request to the Company to delete the Account, which may hinder communication and execution of sales contracts concluded with the Company or the Vendor. The account will be deleted after the end of the period necessary to fulfil the Company’s tax obligations.

 

§ VI.

Goods Database

  1. The platform contains a list (Database) of Goods sold. The Buyer can view, search, sort, or filter them using the functionality built into the Platform interface.
  2. The Goods Database contains the necessary information about the individual characteristics of the Goods, including: description and category of the Goods, their net price, VAT rate, and the EAN and ISBN code (if any).
  3. It is possible to provide the Buyer with the database of Goods sold, which is regulated by a separate agreement concluded by the Company with the Buyer.
  4. It is possible to create individual product and price quotations in the relationship between the Company and the selected Buyer based on their individual business arrangements.
  5. Selected Goods may be subject to export restrictions set out in the law or manufacturer's policy. Orders for such Goods in violation of the restrictions indicated on the product datasheet will not be implemented and the Buyer will be notified about cancellation of the order.

 

§ VII.

Purchasing Goods and sending product enquiries

  1. In order to purchase a given Product, the Buyer should do the following:
    1. enter the www.oex24.com website;
    2. log into the Account
    3. next to the selected Product with a set selling price, click on the “Add to Cart” option;
    4. go to the “Cart” tab;
    5. specify the quantity of the Product ordered;
    6. optional - enter the external number of the order (e.g. order number from the Buyer's purchasing system);
    7. enter the delivery address (if different from the address given on the VAT invoice);
    8. choose the payment method. If the purchased Product is offered by the Company, the available methods are:
      1. prepayment,
      2. cash on delivery - if you choose this payment method, the transaction amount cannot exceed PLN 5,000,
      3. PayPal - if you choose this payment method, the transaction amount cannot exceed PLN 5,000, in addition a commission of 2,9% of the transaction amount is charged,
      4. PayU - if this payment method is chosen, the transaction amount cannot exceed PLN 5,000;

Available payment methods may depend on the transaction amount and currency. Payment forms available in a specific case are displayed when placing an order.

    1. choose the delivery method. If the purchased Product is offered by the Company, the available methods are:
      1. courier delivery;
      2. individual transport (priced as an additional service);
      3. personal collection from the Company's warehouse;
    1. tick the checkbox with a declaration of familiarization with the External Vendor’s Card - if the order concerns the Goods offered by an External Vendor;
    2. confirm order placement
  1. The External Vendor may determine payment methods and delivery methods other than those mentioned in pt. 1 above. The Buyer is informed about the payment and delivery methods and the costs associated with them during the ordering process.
  2. The conclusion of a sales agreement between the Company and the Buyer shall take place upon confirmation of order acceptance by the Company. Information about order acceptance transferred to the Buyer in the form of a notification about the change of the order status to “In progress”.
  3. The conclusion of a sales contract between an External Vendor and the Buyer shall take place after confirmation of order acceptance by the External Vendor. Information about order acceptance is transferred to the Buyer in the form of a notification about the change of the order status to "Confirmed".
  4. The User may submit an enquiry for a given Product via the Platform.
  5. If the requesting party is the Buyer, they should click the "Ask for product" option next to a given Product and enter their data in the displayed form (if other than the automatically generated data based on the data on the Account) and the contents of the enquiry.
  6. If the requesting party is an Unregistered User, they should:
    1. enter the required obligatory data in the form displayed (name and surname, e-mail address, telephone number) and the contents of the message;
    2. tick the checkbox when making a statement about becoming acquainted with the Privacy Policy and accepting its contents.
  7. In reply to an enquiry submitted by the Buyer, the Company shall prepare an individual offer including:
    1. quantity of the Goods;
    2. individual price of the Goods;
    3. delivery method;
    4. delivery date and delivery costs.
  8. The offer referred to in pt. 8 above, is displayed on the Buyer's Account. Its acceptance is tantamount to placing an order, which is next fulfilled in accordance with the rules provided for orders placed using the cart.
  9. In connection with the order placed in the manner referred to in pt. 9 above, a pro forma invoice shall be made out, which is placed on the Buyer's Account. The Buyer is obliged to pay this invoice within the deadline indicated in it.
  10. If the submitted enquiry concerns Goods offered by the External Vendor, the Company shall prepare the offer referred to in pt. 8 above in consultation with a given External Vendor. Pts. 9-10 apply to an offer prepared in this way, respectively.
  11. An enquiry submitted by an Unregistered User may refer only to general information related to the Product, which the Company provides by means of an e-mail sent to the address provided by the Unregistered User. Based on an inquiry submitted by an Unregistered User, it is not possible to prepare the offer referred to in pt. 8 above.
  12. Submitting orders or enquiries is possible 24/7, throughout the year.

 

§ VIII.

Order fulfilment

  1. The Company confirms the conclusion of the sales contract by making out a VAT invoice, about which the Buyer is informed via the Account.
  2. The Company reserves the right to verify the order when the reliability of the Buyer raises justified concerns, in particular when the Buyer is in arrears with payments for previous purchases or there are justified doubts as to the Buyer's status as a payer of value added tax (VAT). In this case, the fulfilment of the order may be suspended until the existing arrears or the doubts are settled.
  3. The Buyer, after accepting the order by the Company, may change the order or cancel it only after agreeing it with the Company by telephone +48 22 228 78 78 or by e-mail (email address contact@oex24.com).
  4. The Company fulfils the order provided that the Product is included in the Platform's Goods Database and is available.
  5. Fulfilment of an order for Goods available in the Company's warehouse commences on the business day immediately following the day on which the confirmation of the order was made.
  6. The order fulfilment time is counted from the date of its confirmation by the Company.
  7. In case of difficulties with the fulfilment of the whole order, including when the Goods have become unavailable after the order is placed, as a result of which the Company cannot fulfil the order within the time specified at order placement, the Company shall promptly notify the Buyer about it. In this case, both the Company and the Buyer have the right to withdraw from the sales contract within 30 days counting from the date of its conclusion.
  8. In the event of difficulties with the fulfilment of a part of the order, including when some of the Goods become unavailable after placing the order, the Company shall notify the Buyer about this situation and the Buyer may re-order the unfulfilled part of the order.
  9. The Company shall not be liable for non-performance or improper performance of the contract, in the cases specified in pts. 7 and 8 above, unless the non-performance or improper performance of the sales contract results from its intentional fault.
  10. In the event of early payment, the Company shall promptly return to the Buyer the price received from them for the Goods in relation to which the Buyer has withdrawn from the contract.
  11. The provisions of point 1-10 of this paragraph shall also apply to the External Vendor, unless they have established other rules for the fulfilment of orders in the External Vendor Card.

 

§ IX.

Goods Delivery

  1. The ordered Goods will be delivered to the Buyer in the manner accepted by them when placing the order. The Buyer is obliged to cover the costs of the accepted delivery method that were given to them at order placement.
  2. The moment of Goods’ release is the moment of transferring the Goods to the Buyer or a person designated by them. The Company allows collection from the Company's warehouse as a form of delivery (EXW).
  3. In the case of delivery of the Goods by a courier company, the Buyer is obliged to examine upon receipt, whether the shipment has no quantitative shortages or damage.
  4. In case of damage or quantity shortages found during receipt, the Buyer is obliged to draw up the presence of the person delivering the Goods a report containing a description of the shortages or damage. The Company will consider any complaints upon presentation by the Buyer of the said report.
  5. The Company and the External Vendor shall not be liable in the event of non-delivery of the Goods or delay in delivery caused by an erroneous or inaccurate delivery address provided by the Buyer.
  6. In the event the Goods are collected by the Buyer from the Company's warehouse (EXW) – the responsibility and risk are transferred to the Buyer at the time of Goods’ release.
  7. For each delivery of the ordered Goods, a document of goods’ release from the warehouse confirming the quantities in delivery is attached.
  8. The delivery of the Goods sold by the Company is conducted in the territory of the Republic of Poland and other countries excluding Countries covered by international trade restrictions. In the case when the sale of goods to individual countries is regulated by separate Terms and Conditions, in particular those containing exemptions, local restrictions, certification requirements, etc., the Company is entitled to refuse fulfilling orders that are contradictory to these provisions.
  9. The provisions of pts. 1-8 of this paragraph shall also apply to the External Vendor, unless they have established other delivery rules in the External Vendor's Card.
  10. Delivery of the Goods offered by the External Vendor is carried out in the territory of the countries indicated by them at order placement.

 

§ X.

Prices of Goods

  1. Goods prices are given in Polish zlotys in net value and in gross value.
  2. Goods prices may be, at the Customer's request, displayed in foreign currencies, i.e. EUR or USD, converted from the Polish zloty at the average National Bank of Poland (NBP) exchange rate valid on a given day
  3. The price for the Buyer is the price of the Goods in the Goods Database visible on the Platform's website at the time of placing the order.
  4. Unless the summary of the order indicates otherwise - the prices of the Goods do not include shipping costs.
  5. The total cost of the order, which is charged to the Buyer, is the sum of the price of the Goods and the shipping cost (depending on the form of delivery selected by the Buyer). The cost of courier shipment is given at the time of placing an order.
  6. The Company conducts promotional sales actions and is entitled to cancel them.

 

XI.

Payment method:

  1. For the Goods purchased from the Company via the Platform, the Buyer may pay as follows:
    1. by paying an invoice with a deferred payment date, the terms of which are governed by separate commercial agreements with the Buyer;
    2. via electronic payment systems available on the Platform;
    3. by bank transfer to an account at Santander - Bank Zachodni WBK S.A. with an indication of the order number in the transfer reference:
      1. PLN: 49 10901056 0000000141251727,
      2. EUR: PL 27 10901056 0000000141251735 Swift WBKPPLPP,
      3. USD: PL 05 10901056 0000000141251743 Swift WBKPPLPP.
  2. Available forms of payment may depend on the transaction amount and currency. Payment forms available in a specific case are displayed when placing an order.
  3. The Buyer may pay for the Goods purchased via the Platform from an External Vendor, using the payment methods offered by the External Vendor, of which they were informed when placing the order.

 

§ XII.

Warranty for defects and Goods’ complaints handling

  1. The Buyer is entitled to warranty rights for physical defects of the Goods purchased from the Company.
  2. In the event of “outlet” type purchase (sale of imperfect products) – rights under the warranty do not include defects indicated explicitly by the Company in the product description.
  3. In the event of defects in the Goods, problems with the delivery date, or the quality of the received shipment, the Buyer should report all problems via e-mail to the following address: contact@oex24.com.
  4. In the case of lodging a complaint, the defective Products should be sent back to the following address: Poland, Łubna (05-532), 10 Łubińska Street. 
  5. A description of the defect or a description of the reason for the return should be attached to the shipment containing the Products claimed.
  6. The Company shall use its best endeavours to quickly (no longer than 14 days) and thoroughly consider and settle complaints related to the Goods purchased from the Vendor.
  7. The costs of sending the complaint shipment shall be borne by the Company subject to point 11 below.
  8. The Company does not accept complaint shipments sent back to them cash on delivery.
  9. If the complaint is considered justified, the defective Product will be replaced for a Product free from defects.
  10. If it is not possible to replace the claimed Product for the same Product, the Buyer may, at their own discretion, select another Product available on the Platform for additional payment or refund of the price difference, demand a price reduction or withdraw from the contract. The Buyer cannot withdraw from the contract if the non-compliance of the Product with the contract is negligible.
  11. If the complaint is accepted by the Company, all costs, including costs incurred by the Buyer by sending the defective Product, shall be borne by the Company. The above-mentioned costs will be refunded within 14 days by bank transfer to the bank account indicated by the Buyer or by postal order to the address indicated by the Buyer.
  12. If the complaint is not accepted, the Product will be sent back at the Buyer’s cost.
  13. All additional activities necessary to settle the complaint will be determined individually with the Buyer by the Company.
  14. The provisions of pts. 1-13 of this paragraph shall also apply to the External Vendor, unless they have established other rules regarding the warranty and complaint in the External Vendor's Card.

 

§ XIII.

Return

  1. The Company sells the Goods without the right to return, subject to point 2.
  2. The rules of making possible returns of the Goods by the Buyers are regulated by separate agreements concluded with by the Company and the Buyer.
  3. The provisions of pts. 1-2 of this paragraph shall also apply to an External Vendor, unless they have established other rules for returning the Goods in the External Vendor's Card.

 

§ XIV.

Complaints about the Platform’s operation

  1. In case of improper operation of the Platform, the User is entitled to lodge a complaint.
  2. The complaint should contain:
    1. User’s first name and surname
    2. e-mail address,
    3. description of irregularities noted
  3. The complaint should be sent by e-mail to the following address: contact@oex24.com.
  4. The deadline for considering the complaint and responding to it is a maximum of
    30 days from its receipt by the Company. No response within this period, is deemed acceptance of the complaint.
  5. The Company sends a response to the complaint by e-mail to the User.
  6. The Company shall make every effort to eliminate the indicated irregularities in the Platform’s operation as soon as possible.

 

§ XV.

The Company’s intellectual property

  1. The Company owns the Platform. The Company is entitled to add, edit, amend, and delete any content posted on the Platform, in whole or in part. The name of the Platform, the logo, operating principles of the website, all its graphic elements, interface, as well as the software on which it is based, the website code and databases are protected by law under the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2018, item 1191, as amended), Act of 30 June 2000 - Industrial Property Law (i.e. - Journal of Laws of 2017, item 776, as amended) and other generally applicable laws, including the provisions of European Union law.
  2. Any use of the Company’s intellectual without its express permission is prohibited.

 

§ XVI.

Personal data protection

The rules of processing personal data by the Company are described in the Privacy Policy available at: https://oex24.com/pl/Static-pages/Polityka-prywatnosci.

 

§ XVII.

Extrajudicial dispute resolution

The User who is a consumer has the opportunity to use extrajudicial ways to handle complaints and seek redress. Detailed information on the possibility for the User who is a consumer to apply extrajudicial ways considering complaints and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, the statutory tasks of which include consumer protection, Provincial Inspectorates of the Trade Inspection, and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). The User who is a consumer can use the online dispute resolution (ODR) platform available at the following address: http://ec.europa.eu/consumers/odr/.

 

§ XVIII.

The Company’s liability

  1. The Company shall not be liable for damage suffered by the Buyer as a result of using by third parties data necessary to gain access to the Buyer’s Account.
  2. The Company shall not be liable for the accuracy and reliability of information regarding the Goods offered by External Vendors as well as for the legality of the contents of the External Vendor's Card.
  3. The Company shall not be liable for any disruptions in the proper functioning of the Platform, as well as damage caused as a result of force majeure, unauthorized third-party activity, as well as due to the Company's efforts to improve the Platform’s functionality. The Company undertakes to inform as far as possible in advance about disturbances in its operation, in particular about maintenance and technical breaks.
  4. The Company will maintain and update the Platform in the least inconvenient manner for the quality and continuity of service provision.

§ XIX.

Final provisions

  1. Matters not regulated in these Terms and Conditions shall be governed by the provisions of the Civil Code.
  2. The Company shall endeavour to reach an amicable settlement of any possible disputes with the Buyer.
  3. The Company reserves the right to make amendments to the Terms and Conditions:
  4. Users will be informed about the amendment to the Terms and Conditions by publishing its amended version on the Platform at least 14 days before the day of entry into force of the said amendments. By the same date, the amended version of the Terms and Conditions will be sent to the Buyers to the e-mail address provided by them.
  5. In the event of disagreement with the new wording of the Terms and Conditions, the Buyer may terminate the contract for the provision of the Account service in accordance with the procedure provided for in § V pt. 6 of the Terms and Conditions.
  6. The provisions of the Terms and Conditions previously in force shall apply to orders placed before the date of entry into force of amendments to the Terms and Conditions.
  7. These Terms and Conditions are effective as of 28.12.2018.