Proforma Regulations
ECOABM SALES REGULATIONS
I. GENERAL PROVISIONS
1. The Seller is Kamil Andruszkiewicz conducting business activity under the name ecoABM Kamil Andruszkiewicz in Białystok, Ul. Gen. Stan. Maczka 52/2, 15-691 Białystok, entered into the Central Register and Information on Business Activity, NIP: 5423364054, REGON: 383607366.
2. The person concluding the Purchase Agreement is obliged to comply with generally applicable legal regulations and the provisions of the Regulations. Payment of the offer is tantamount to acceptance of the Regulations.
3. The Regulations are made available free of charge via the website in a form enabling familiarization with their content, including enabling their acquisition, reproduction and recording, including printing.
II. DEFINITIONS
The terms used in the Regulations shall be understood as follows:
1. Seller (hereinafter also referred to as ecoABM) – Kamil Andruszkiewicz conducting business activity under the name ecoABM Kamil Andruszkiewicz in Białystok, Ul. Gen. Stan. Maczka 52/2, 15-691 Białystok, NIP: 5423364054, REGON: 383607366;
2. Buyer – an entity placing and paying for an order, in accordance with the principles set out in the Regulations. The Buyer may only be an entity conducting business activity, acting as a professional entity, which concludes a transaction with ecoABM directly related to the business activity conducted by this entity and having a professional nature for it;
3. Regulations – these regulations together with annexes;
4. Product offer – products offered by ecoABM to Buyers along with their net/gross price, including photovoltaic modules, inverters, energy storage, heat pumps, air conditioning, photovoltaic structures, electrical equipment and mounting accessories, carports, electrical protection, electromobility.
5. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU.L No. 119, p. 1);
6. Personal Data Protection Act – Act of 10 May 2018 on the protection of personal data (consolidated text: Journal of Laws of 2019, item 1781);
III. COOPERATION
1. The condition for placing an order is that the Buyer provides the following information:
a) the name and surname of the ordering person – this person must be a person authorized to represent the Buyer. The person placing the order clearly declares that they are authorized and authorized to place an order on behalf of the Buyer
b) the full name of the Buyer’s company;
c) the Buyer’s Tax Identification Number;
d) the Buyer’s e-mail address;
e) the telephone number of the person authorized to contact ecoABM on behalf of the Buyer;
f) marketing information regarding, among others, the channel of reaching;
2. The above information is subject to verification. Verification is carried out in terms of the Buyer’s active business activity, the compatibility of the business activity conducted by him with the electrical/construction industry and the will to establish business cooperation with the Buyer. In exceptional situations, the order may be canceled and subsequent inquiries rejected, among others in the event of termination of business cooperation between ecoABM and the Buyer or the occurrence of payment arrears.
3. The Buyer bears full responsibility for the actions of its employees.
4. ecoABM reserves the right to refuse to submit offers to the Buyer without giving a reason.
5. ecoABM makes every effort to ensure that the offer is up to date. In the event that some of the ordered goods are unavailable, ecoABM undertakes to immediately inform the Buyer about the situation by phone or email.
6. Sending an effective inquiry about products by the Buyer requires the following conditions to be met:
a) selecting the product/products, indicating their ordered quantity;
b) selecting the delivery method and indicating the delivery address;
in the case of an inquiry about a product/products using fluorinated gases, the Buyer is obliged to provide the Seller by e-mail to the ecoABM e-mail address: b2b@ecoabm.com or to the ecoABM headquarters in the original with gas permits dedicated to employees or companies who work with refrigeration, ventilation, heating and heat pump equipment or submit a declaration of further resale of the goods by e-mail to the ecoABM e-mail address b2b@ecoabm.com or to the ecoABM headquarters in the original.
IV. SALES RULES
1. After ecoABM receives an inquiry about a product/products, in the event of ecoABM accepting the inquiry, the Buyer receives a detailed offer in the form of a proforma invoice to the e-mail address, containing: a list of products, their number, delivery method, current product price. The offer – proforma invoice contains information on the period of its validity. The offer – proforma invoice indicates the method and deadline for its payment, together with the indication of ecoABM’s bank account or with information on payment in cash/card upon receipt of the goods from ecoABM’s headquarters and the approximate date of issue/delivery of the goods.
2. After receiving the offer-proforma invoice, the order cannot be edited. If, after prior contact between the ecoABM sales representative and the Buyer, there is a need to edit or change the offer, ecoABM sends a new, detailed offer-proforma invoice to the Buyer’s e-mail address, containing: a list of products, their number, delivery method, current product price. The offer-proforma invoice contains information on the period of its validity. The proforma invoice offer indicates the method and deadline for its payment, including the ecoABM bank account or information on cash payment upon receipt of the goods from ecoABM’s registered office, and the approximate date of issue/delivery of the goods. The offer expires in the event of:
1) failure to pay the proforma invoice within the offer validity period;
2) in the event of sending a new offer to the Buyer, in accordance with paragraph 2.
3. If the one-time value of the transaction, regardless of the number of payments resulting from it, exceeds PLN 15,000.00 gross, the Buyer cannot make the payment in cash and is obliged to make the payment using a payment account.
5. Payment of the proforma invoice offer by the Buyer in full constitutes confirmation of acceptance of the offer and conclusion of the sales agreement with ecoABM, along with acceptance of the content of the Regulations.
6. In the case of Buyers covered by factoring, points 1-5 of Chapter VI of the Regulations do not apply, and the conclusion of the agreement takes place in accordance with the following principles:
1) after receiving an inquiry from the Buyer about the product/products, constituting an offer to conclude an agreement on the terms indicated by the Buyer, ecoABM immediately confirms the acceptance of this offer. Confirmation by ecoABM by e-mail of the acceptance of the order for execution is tantamount to the conclusion of the agreement and constitutes the basis for issuing an invoice and issuing/sending the goods. Together with the confirmation of acceptance of the offer, ecoABM indicates the approximate date of issue/delivery of the goods.
2) in the event that ecoABM does not accept the Buyer’s inquiry, ecoABM immediately informs the Buyer by e-mail about the refusal to execute the order on the terms specified in the inquiry, makes an individual price recalculation and sends to the Buyer, to the e-mail address indicated by him, an individualized and valid for a specified period alternative offer including the approximate date of issue/delivery of the goods. Confirmation by the Buyer by e-mail of the alternative offer is tantamount to the conclusion of the agreement and constitutes the basis for issuing an invoice and issuing/sending the goods. 7. When making a payment, the Buyer not covered by factoring, which ecoABM uses, is obliged to enter the pro forma invoice number in the transfer title.
8. The ordered product/products may be issued only after the pro forma invoice has been paid and posted in full.
9. After the ordered product/products have been issued, ecoABM will send the Buyer not covered by factoring a VAT invoice to the Buyer’s e-mail address.
10. The owner of the product/products covered by the order is ecoABM until the Buyer pays for the entire order.
Invoices will be issued in electronic form and sent to the e-mail address provided by the Buyer. By accepting these Regulations, the Buyer agrees to receive invoices in electronic form. In the event of a change in the regulations, invoices will be issued and delivered in accordance with the applicable regulations.
V. DELIVERY
1. The costs of delivery of the product/products covered by the order are borne by the Buyer.
2. The cost of delivery depends on the selected delivery method and the type and number of products ordered from ecoABM.
3. The Buyer is obliged to inform about their own organized transport no later than 24 hours before the planned time of collection of the order, sending to ecoABM the name and surname, vehicle registration number, of the person collecting the order.
4. The Buyer indicates in the order message the delivery address of the ordered products. ecoABM does not verify the correctness of the indicated address. All costs related to providing an incorrect delivery address or failure to collect the shipment at the address indicated by the Buyer are borne exclusively by the Buyer, in particular ecoABM is not liable for delays in delivery resulting from an incorrectly provided delivery address by the Buyer.
5. In the case of courier shipments, the Buyer is obliged to ensure the presence of a person authorized to collect the delivery at the hours given by the courier. Failure to collect the goods will result in an additional fee charged to ecoABM by the carrier.
6. In the case of courier shipments on pallets, the goods will be unloaded using the loading lift of the courier’s vehicle. In the case of non-standard shipments, e.g. pallets too heavy for the lift or long shipments, the Buyer is responsible for preparing the tools for unloading, in particular a forklift. Failure to prepare the tools for unloading will result in an additional fee imposed by the carrier.
7. The Parties agree that if the courier’s vehicle cannot enter directly to the address indicated in the order, the goods will be unloaded before the first architectural obstacle blocking further passage. In such a case, the place of delivery of the goods will be the place of their actual unloading, and the risk of accidental destruction or damage to the goods during unloading is transferred to the Buyer.
8. In the event that the transport of the ordered goods is to be carried out using ecoABM’s company transport, the goods should be unloaded by the Buyer.
9. In the case of collecting the order themselves, ecoABM will inform the Buyer by e-mail or text message to the e-mail address indicated by the Buyer about the preparation of the order and the possibility of its collection. In the event of personal collection of the product/products covered by the order, the Buyer is obliged to collect them within 5 (five) days from the date of delivery to the Buyer of information about the preparation of the order and the possibility of its collection.
10. In the event of personal collection, loading and transport are the responsibility of the Buyer. The goods are released unsecured, in particular without securing straps, stretch foil or other protection. Securing the load during transport is the responsibility of the Buyer and is his exclusive responsibility.
11. In the event of personal collection of the order, the Buyer can collect the order on working days from Monday to Friday, between 7:30 a.m. and 3:30 p.m. at the following address: Gen. St. Maczka 52/2 15-691 Białystok.
12. In the event of:
1) the Buyer not collecting the product/products covered by the order or
2) the Buyer not collecting the product/products covered by the order on time or,
3) the Buyer not specifying the delivery address despite paying for the order,
ecoABM shall be entitled to remuneration from the Buyer in the amount of PLN 500 (in words: five hundred zlotys) net plus the applicable VAT for each day the product/products covered by the order are stored in ecoABM’s warehouse.
13. In the event of:
1) the Buyer not collecting the product/products covered by the order or
2) the Buyer not collecting the product/products covered by the order on time or,
3) the Buyer not specifying the delivery address despite paying for the order,
ecoABM has the right to withdraw from the Sales Agreement. A declaration of withdrawal from the Sales Agreement may be submitted within three months of the expiry of the deadline for collecting the order. The declaration of withdrawal may be submitted by e-mail.
14. In the event of withdrawal from the Sales Agreement referred to in point 13, ecoABM has the right to charge the Buyer a one-time contractual penalty in the amount of 100% of the order value specified in the pro forma invoice. 15. The reserved contractual penalties do not exclude the possibility of ecoABM seeking compensation in excess of the contractual penalty under general principles.
VI. PERSONAL DATA
1. The administrator of the Buyers’ personal data within the meaning of the GDPR is Kamil Andruszkiewicz conducting business activity under the name ecoABM Kamil Andruszkiewicz in Białystok, Ul. Gen. Stan. Maczka 52/2, 15- 691 Białystok, NIP: 5423364054, REGON: 383607366, tel. 85 876 00 99, e-mail contact@ecoabm.com.
2. ecoABM processes personal data in accordance with applicable legal regulations, including, among others, in accordance with the GDPR and the Personal Data Protection Act. Buyers’ data are processed legally, adequately in relation to the purposes of processing, for the time necessary for this, using appropriate technical and organizational measures, to ensure a level of security corresponding to the risk of violating the rights or freedoms of natural persons with varying probability of occurrence and severity of the threat. The Administrator makes every effort to ensure that the processing and protection of the Buyers’ personal data is carried out in a way that prevents access to this data by unauthorized persons, as well as against unauthorized use of the aforementioned data.
3. All data provided by the Buyer is automatically encrypted before transmission to ecoABM with a secure code and processed in confidentiality.
4. The Administrator collects the following types of information:
a) personal data provided by the Buyer during the Order placement procedure: first and last name, full name of the Buyer’s company in the case of a sole proprietorship, NIP number, REGON number, address, e-mail address, telephone number, data necessary to make payment for the order, to issue an invoice;
5. Personal data is provided voluntarily and processed in order to conclude and execute the product/products sales agreement and for the purposes of complaint proceedings and for accounting and settlement purposes, including tax – the basis for processing is art. 6 sec. 1 letters b and c of the GDPR
6. Personal data is provided by the Buyer.
7. The recipients of personal data will be entities authorized to obtain personal data on the basis of regulations or on the basis of a data processing entrustment agreement, in particular entities conducting audits, inspections and evaluations.
8. Personal data will not be transferred to a recipient in a third country or an international organization.
9. Personal data will be stored:
in the case of a product/products sales agreement – for the limitation period of the obligation, not shorter than 5 years from the end of the calendar year in which the tax obligation regarding this obligation arose.
10. Buyers have the right to request from the Administrator access to their personal data and its rectification. In cases specified by law, they also have the right to request the deletion of personal data, request the restriction of the processing of personal data, and the right to transfer personal data.
11. Providing personal data is a statutory requirement, a condition for concluding a contract and is voluntary; refusal to provide data may result in the contract not being concluded.
12. Buyers have the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office. 13. Buyers’ data will not be processed in an automated manner when making decisions, including profiling.
14. The Administrator may process the following data characterizing the way the Buyer uses the service provided electronically (operational data):
a) designations identifying the service recipient assigned on the basis of personal data;
b) designations identifying the end of the telecommunications network or the IT system used by the service recipient;
c) information on the start, end and scope of each use of the service provided electronically;
d) information on the use by the service recipient of the services provided electronically.
VII. LIABILITY OF ecoABM, WARRANTY AND GUARANTEE
1. ecoABM shall not be liable:
– due to delay in delivery of the goods,
– due to force majeure, including acts of war, official prohibitions, strikes, etc. In the event of such circumstances, the order fulfillment deadline shall be extended by the duration of such circumstances.
2. In the case of courier shipments, there is a risk of damage in transport. Therefore, the Buyer is obliged to check the correctness of the goods immediately after receiving them. If the Buyer notices damage to the packaging of the goods incurred during courier transport, the Buyer is obliged to immediately request the courier to draw up a damage report, then notify ecoABM about it, and then draw up a complaint report and deliver it to ecoABM using the form available on the B2B Platform or by e-mail to the following address: reklamcje@ecoabm.com. In the event that the Buyer is able to confidently determine that the goods are of inferior value as a result of damage – the Buyer should refuse to accept the goods. Complaints submitted after 5 days from receipt of delivery will not be considered.
3. ecoABM reserves the right to withdraw from the agreement if, as a result of the circumstances indicated in point 1 above, the order completion date is postponed by more than 3 months. A declaration of withdrawal from the sales agreement may be submitted within 6 months. The declaration of withdrawal may be submitted by e-mail.
4. ecoABM’s liability under the warranty for the sale of the product/products is excluded.
5. The guarantee for the sold products is provided by the Manufacturer. The guarantee terms are issued to the Buyer together with the issue of the ordered product/products or are available on the website www.ecoabm.com.
VIII. CONFIDENTIALITY CLAUSE
1. The Buyer undertakes, during the term of the contract, as well as for 3 years after placing the last order, to keep confidential the information concerning ecoABM, which it obtained or to which it had access in connection with e-mail correspondence (“Confidential Information”).
2. Confidential Information shall in particular include any information, the disclosure of which could expose ecoABM and its clients to damage, and entities cooperating with it, including the following data:
a) concerning the technologies used by ecoABM, the course of their services, work organization, ecoABM product/products offer, and above all their price and individual types, models, types of products;
b) used contract templates and other documents, data of ecoABM clients,
c) concerning the applied creation techniques and developed projects and ideas;
d) concerning the prices of ecoABM services and the applied settlements;
e) concerning persons who are contractors, co-contractors of ecoABM, the content of agreements connecting these persons with ecoABM and the amount of remuneration and the adopted method of settlement. 3. The Buyer undertakes to:
a) treat Confidential Information in accordance with its specificity and protect it at least in the same manner and to the same extent as it protects its own information of this type, whereby information containing personal data or constituting a business secret, the Buyer is obliged to protect in the manner provided for the protection of such information by ecoABM, to the extent to which ecoABM protects such information;
b) use any Confidential Information obtained during the cooperation and in connection with the cooperation only for the purposes specified by ecoABM and to the extent agreed with ecoABM;
c) not copy or in any other way duplicate Confidential Information, unless such a need arises from the cooperation with ecoABM. When receiving Confidential Information, the Buyer must obtain ecoABM’s permission before each copying or duplicating of confidential information; d) immediately inform ecoABM if there is a suspicion that it will be forced to disclose Confidential Information by administrative, court or other decisions or if there is a suspicion that third parties have obtained unauthorized access to Confidential Information;
4. ecoABM is entitled to demand payment of a contractual penalty from the Buyer in the amount of PLN 10,000 (fifteen thousand) for each violation of the obligation specified in Chapter VIII of the Regulations, and in particular for each case of:
a) failure by the Buyer to apply an appropriate measure to protect Confidential Information,
b) use by the Buyer of Confidential Information contrary to the purposes specified by ecoABM or outside the scope established by ecoABM, or their use without ecoABM’s consent;
c) copying or duplicating Confidential Information by the Buyer without ecoABM’s consent.
5. Regardless of the reserved contractual penalties, ecoABM is entitled to claim compensation under general principles arising from the Civil Code exceeding the amount specified above. 6. In the event of a breach of confidentiality obligations, and in particular in the event of any of the cases specified in Chapter VIII of the Regulations, ecoABM shall be entitled to terminate the Agreement immediately without notice.
IX. FINAL PROVISIONS
1. In matters not regulated by the Regulations, the relevant provisions of Polish law shall apply.
2. The Buyer undertakes to immediately inform ecoABM of any change in registration information and of any case in which he/she has filed an application for declaration of bankruptcy or restructuring.
3. The settlement of disputes arising between ecoABM and the Buyer shall be submitted to the court with material jurisdiction in Białystok.
4. ecoABM reserves the right to change or supplement the provisions of the Regulations
5. Information on changes to the Regulations will be published on an ongoing basis on the main page of the Platform www.ecoabm.pl.
6. The Regulations enter into force on 01.04.2024