Terms and Conditions
Regulations of ecoabm.com wholesale
I. General provisions
These Regulations set out the rules for the conclusion of contracts between the Seller and the Buyer for the wholesale sale of goods on the Seller’s online platform, as well as the performance of these contracts.
By “Seller” is understood: KAMIL ANDRUSZKIEWICZ conducting business activity under the name ECOABM KAMIL ANDRUSZKIEWICZ registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the Minister competent for economy, having: address of place of business and address for delivery: ul. gen. Stanisława Maczka 52 lok. 2, 15-691 Białystok, NIP 5423364054, REGON 383607366, e-mail address: email@example.com, telephone number: 500 795 745
“Buyer” shall be understood as a customer (entrepreneur) purchasing goods through the Seller’s online wholesale system as part of the customer’s business.
Wholesale sale/purchase is understood as transactions of sale/purchase of goods in wholesale quantities by Buyers, in particular for the purpose of their further resale.
The Seller offers Buyers the opportunity to purchase goods from its commercial offerings through the online wholesale system (hereinafter referred to in the Regulations as “b2b.ecoabm.com”), located at https://ecoabm.com/. ecoabm.com is owned by the Seller.
By “business days” referred to in the Terms and Conditions, it is meant Monday through Friday, excluding public holidays.
II. Subject of the contract
The subject of the sales contract concluded between the Seller and the Buyer are the goods included in the Seller’s offer, displayed by the Seller at b2b.ecoabm.com and offered there at the time of placing an order by the Buyer.
The subject of sale is each time specified in detail in the sales offer posted by the Seller at b2b.ecoabm.com. Photos of products are only exemplary and are used for presentation of models, types of products specifically indicated in them.
All information about the products posted on b2b.ecoabm.com, in particular descriptions, technical and performance parameters, and prices are only an invitation to conclude an agreement within the meaning of Article 71 of the Act of 23 April 1964. – Civil Code (i.e. Journal of Laws of 2016, item 380, as amended), in accordance with the terms and conditions of the Regulations, and not an offer of sale within the meaning of the Civil Code.
The offer presented at b2b.ecoabm.com may be changed. In particular, the prices of products on offer may be changed, new products may be introduced to the offer or some products may be withdrawn from the offer, promotional actions of the offered products may be carried out and cancelled or changes may be introduced to them.
In the case of products included in a promotion or sale, the offer is valid until the stock of these products is exhausted, unless the Seller specifies other conditions of promotion or sale at b2b.ecoabm.com.
Availability dates for goods that the Seller does not have in stock may be presented at b2b.ecoabm.com on the basis of information provided by suppliers. The Seller’s employees make every effort to make these dates as reliable and accurate as possible, however, the Seller is not responsible for shifts in the availability of individual goods resulting from the fault of his suppliers or other reasons beyond the Seller’s control (e.g. delays in delivery resulting from shipping companies’ errors).
The Seller indicates the following methods of communication with the Seller and addresses/numbers at which the Buyer can quickly and efficiently contact the Seller:
- Personal contact with b2b.ecoabm.com at: 15-691 Bialystok, Gen. Stanislaw Maczek Street 52 loc. 2; on business days from 07:00 to 16:00;
- In writing to the address: Ecoabm Kamil Andruszkiewicz 15-691 Białystok, Gen. Stanisława Maczka St. 52 lok. 2.
- Electronically at: firstname.lastname@example.org;
- By phone at: 500 795 745 – on working days from 07:00-16:00.
The b2b.ecoabm.com platform is available only to authenticated Buyers registered in the Seller’s database. b2b.ecoabm.com serves only entities conducting business (entrepreneurs).
An entity interested in starting business cooperation with the Seller is obliged to contact the Seller, who will inform about the actions necessary to obtain a login and password (contact details of the Seller are indicated in Chapter II, point 7 of the Regulations) or to fill in the registration form available on the website: https://b2b.ecoabm.com/rejestracja.
In this case, carefully fill in the contact fields: email address and telephone. Within 2 working days a representative of the Seller will contact the applicant and the registration process will be processed.
Upon successful completion of the registration process, the Seller will send confirmation of access to b2b.ecoabm.com to the email address provided during registration.
Login and password to b2b.ecoabm.com are intended only for the entity that received them. It is prohibited to transfer the login and password to b2b.ecoabm.com to third parties.
In order to purchase goods offered by the Seller, a registered Buyer should place an order at b2b.ecoabm.com. By deciding to place an order, the Buyer accepts the Seller’s presented invitation to place an order.
Orders can be placed 24 hours a day on any day of the calendar year.
In order to place an order, the Buyer should perform at least the following actions:
- adding goods to the shopping cart;
- selecting the type of delivery;
- selection of the place of delivery of the goods;
- confirm the order in accordance with point 5 below.
When preparing orders at b2b.ecoabm.com, further goods can be added to the order basket. Goods in the shopping cart are stored, and shopping carts can be saved. Do not place an order until you are sure that all goods have already been added to the shopping cart.
After the order is initially prepared and the order processing method is selected, information about the total cost of order processing is generated in b2b.ecoabm.com. If the Buyer agrees to fulfill the order on the given price conditions, he/she places the order by using the “Finalize” button. Orders prepared in the shopping cart but not placed by the Buyer are not processed.
Placing an order without paying shipping charges for the goods is possible on condition of personal collection. The Buyer shall bear the shipping costs of the goods in accordance with the information indicated at b2b.ecoabm.com.
The contract with the Buyer is concluded upon acceptance of the order by the Seller, of which the Seller shall inform the Buyer within 2 working days of placing the order. The Seller has the right to refuse to accept an order, in particular in case of unavailability of the ordered goods or the Buyer’s default in payment for previously purchased goods.
Acceptance by the Seller of the order placed for execution is made by sending by b2b.ecoabm.com electronic information (e-mail) constituting confirmation of the conclusion of the contract, to which the Buyer agrees. Electronic confirmation of the conclusion of the contract includes the proforma “ZK”.
Contracts concluded are one-time contracts, concluded for the duration of their execution. By placing an order, the Buyer thereby expressly confirms that he knows that the order entails an obligation to pay the price for the ordered goods.
The contract is concluded in the Polish language, in accordance with Polish law and these Regulations.
The order will not be processed if the Buyer provides incomplete or erroneous data that prevents the order from being processed properly. If the order cannot be realized, the amounts paid by the Buyer are refundable.
The Seller does not charge any fees for communication with him using means of remote communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.
The Seller shall ensure to the Buyer using the Internet the correct operation of b2b.ecoabm.com in the following browsers: Firefox, Chrome (versions released up to two years back) with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of Internet Explorer, FireFox, Opera, Chrome, Safari browsers may affect the correct display of b2b.ecoabm.com, so in order to obtain full functionality of b2b.ecoabm.com, you should disable them all.
V. Order processing
The Seller shall endeavor to deliver the ordered goods as soon as possible. The shipment of goods in the Seller’s warehouse is carried out within 3 working days from the confirmation of acceptance for execution of the placed order.
In special cases, for reasons beyond the Seller’s control, the delivery period may be extended to 30 days. In such a case, the Seller will inform the Buyer about this and provide an approximate date for the execution of the order.
Order deadlines for goods that are not stocked by the Seller are determined for each group of goods individually by the Seller.
If payment for the order is made in the form of prepayment, the condition for shipment of the goods is receipt of the entire price to the Seller’s bank account.
If the shipment does not reach the Buyer within the time limits specified herein or within the time limit declared by the Seller, the Buyer should immediately inform the Seller, who will verify the reason for the failure to meet the delivery deadline.
The purchased contract item is shipped to the place indicated by the Buyer in the order.
The destination for sending the item must be in the territory of the Republic of Poland. Implementation of foreign deliveries is possible and requires individual arrangements with the Seller each time.
The Seller delivers the ordered goods in the form of a shipment through a courier company currently cooperating with the Seller. It is possible to pick up the goods at the Seller’s premises at the address and hours indicated in Section II, item 7 of the Terms and Conditions without additional charges. The method of execution of the order (i.e. choice between shipment and personal collection) is determined by the Buyer when placing the order.
The Buyer is obliged to check in the presence of the supplier, the condition of the received shipment. If defects are found, the Buyer is obliged to write at the time of delivery, in the presence of the supplier of the shipment, a “damage report”, a copy of which he is obliged to immediately provide to the Seller.
The cost of redirecting the shipment or changing the delivery address by the Buyer shall be borne by the Buyer.
VII. Payment terms
All prices of products offered by the Seller are given in Polish zloty.
The prices given in b2b.ecoabm.com result from the terms and conditions individually agreed with the Client and are automatically reduced by any discounts (net price after discount). Discounts granted to the Buyer may be unilaterally reduced or withdrawn by the Seller in the event of delays in payment or realization of purchases at a lower level than originally adopted for the calculation of the offer, of which the Buyer will be informed in advance.
The Buyer shall pay twice the cost of delivery of goods to the Buyer in case of non-collection of the ordered shipment, which will be returned to the Seller.
- Payment for the ordered goods can be made in the following forms:
prepayment, i.e. by bank transfer to an account in mBank SA:
- transfer for the term “Deferred payment” – to the bank account indicated in paragraph a).
For the first three orders placed by a newly registered Buyer, payment for the ordered goods can only be made in the form of, “prepayment”. In the case of individual arrangements, payment for subsequent orders may be made in the form of a transfer for 7 days or any other term agreed upon by the parties. The Seller has the right to establish a credit limit up to which the Buyer may order goods with the selection of the form of payment as “Deferred payment”.
The date of payment of the price in the form of prepayment or transfer shall be considered the date on which the funds are credited to the Seller’s bank account.
If the form of payment is selected as “Prepayment” and an order is placed, the Buyer is obliged to pay the price for the ordered goods within 3 days of placing the order. Failure to pay the price entitles the Seller to withhold delivery of the shipment until payment of these dues and to withdraw from the contract.
Delay in payment of overdue payments entitles the Seller to withhold the execution of subsequent orders of the Buyer until all overdue receivables are paid in full, as well as withdrawal of the possibility of payment by wire transfer as to subsequent orders.
VIII. Complaints and Seller’s liability
The Seller is obliged to deliver to the Buyer the goods ordered by the Buyer free of defects. The Seller is liable to the Buyer if the sold thing has a physical or legal defect.
All goods in the Seller’s offer are brand new and covered by the manufacturer’s warranty. In addition to the manufacturer’s warranty, the goods are not covered by any additional Seller’s warranty. Goods covered by the manufacturer’s warranty, is carried out directly by the manufacturer or its designated entities.
The Buyer may submit complaints to the addresses indicated in Chapter II, item 7 of the Regulations.
Complaints about the quantity of delivered goods and any apparent damage may be reported to the Seller no later than 12:00 a.m. on the next working day after delivery of the goods subject to complaint. Complaints about quality and other hidden defects should be submitted immediately after their discovery, but no later than within 3 months from the date of delivery of the goods. Violation of the time limits for filing complaints shall cause the expiration of the Seller’s liability.
In order to file a claim, a notification of defects with a detailed description of the advertised goods and the number of the document confirming the purchase of the goods should be delivered to the Seller’s postal or email address (the notification should be made on a complaint protocol according to the template available at b2b.ecoabm.com), and in the case of reporting quality defects, the Seller should additionally be provided with the goods covered by the complaint or their sample.
The Seller has 14 days from the date of filing a complete complaint to consider it and give the Buyer a response. This period may be extended, of which the Seller will inform the Buyer.
The Buyer, who exercises his rights under the warranty, is obliged to deliver the defective item to the place indicated in Section II, item 7 of the Terms and Conditions, if possible in the original packaging without generating excessive costs of delivery, or giving the goods to the courier sent to collect them.
If the complaint is valid, but replacement of the goods is not possible, the Seller shall refund the equivalent of the price of the goods to the Buyer or offer him other available goods of his choice.
The cost of replacement or repair shall be borne by the Seller, except in the case of an unfounded complaint made by the Buyer, in which case the cost of the complaint shall be borne by the Buyer. If the goods are found to be damaged through the fault of the Buyer, the cost of the complaint shall be borne by the Buyer.
The Seller’s liability for non-performance or improper performance of the contract is limited to the value of the goods constituting the subject of the contract from which this liability arises.
The Seller shall not be liable for defects in the goods, the existence of which the Buyer was warned no later than at the time of placing an order for the goods.
The Parties have agreed that, based on Article 558§1 of the Civil Code, the warranty provisions do not apply to the sale of Products and/or services to Buyers, unless otherwise agreed by the Parties. This exclusion does not apply when a party to the contract is a Consumer. The exclusion of the warranty does not exclude the possibility of using the warranty.
IX. Shelf life of goods and returns
The Buyer has the right to return goods:
- that has been damaged before the goods are issued to the Buyer. In this case, the condition of acceptance is to note on the bill of lading information about the damage to the goods;
- defective, as to which a complaint has been accepted by the Seller;
- for the return of which the Seller has agreed;
- in cases arising from the provisions of mandatory law.
Except in cases arising from the provisions of mandatory law, the return of goods shall be at the expense of the Buyer.
The Seller shall not be obliged to accept returns of goods in cases in which the right to return them does not arise from the provisions of mandatory law or these Regulations. The Seller is not obliged to accept returns of goods due to the liquidation of the Buyer’s company.
Recognition by the Seller of the return of goods made by the Buyer is equivalent to withdrawal from the contract of sale. In case of doubt, it is considered that the mere acceptance by the Seller of an unagreed delivery of goods does not yet constitute recognition of the return of goods.
X. Privacy protection
Placing an order is tantamount to consent, expressed during account registration, to the processing by the Seller of the personal data contained in the order in accordance with the applicable provisions of the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2015, item 2135, as amended) for the implementation of the concluded agreement and for marketing purposes of the Seller and the capital group to which the Seller belongs. The data are not processed or used for any other purpose and will not be made available to third parties.
The administrator of the personal data is the Seller, who is obliged to protect the Buyer’s personal data in his possession.
The Buyer has the right to inspect his data, correct them and demand to stop processing them.
The login and password used to place orders at b2b.ecoabm.com are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has at any time the opportunity to inspect, correct, update data and delete his account at b2b.ecoabm.com.
XI. Final provisions
In matters not covered by these Regulations the relevant provisions of Polish law, in particular the Civil Code, shall apply.
None of the provisions of these Regulations is intended to violate the rights of the Buyer. Neither can it be interpreted in this way, since in the event of any part of these Terms and Conditions being inconsistent with mandatory law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the Terms and Conditions.
The Seller informs that it does not apply the code of good practices referred to in Article 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices.
Registered Buyers will be notified of changes to the Terms and Conditions and their scope by e-mail (to the e-mail indicated when registering or ordering). The notification will be sent before the new Regulations come into effect.
The current version of the Regulations is always available to the Buyer at b2b.ecoabm.com. During the execution of the order and throughout the period of after-sales care of the Buyer, the Terms and Conditions accepted by the Buyer when registering or placing the order shall apply to this order.
The proper common court for disputes with the Seller is the court for the city of Bialystok.
By placing an order the Buyer accepts these Regulations.
The content of these Regulations is effective as of 01.01.2022.
Complaint form to the Regulations
ECOABM KAMIL ANDRUSZKIEWICZ
Gen. St. Maczka St. 52/2
Done on ………………………… in …………………………………………………………………
Details of the complainant:
Proof of sale of goods (invoice number):
Name and type of goods: ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
Detailed description of the non-conformity of the goods with the contract (defects):
replacement of the goods with defect-free goods; alternatively
reduction of the price of the goods or cancellation of the contract in whole or in part and return of the goods,
making an adjustment to the purchase invoice as a result of the price change or return of the goods.
Signature of the complainant …………………………………………………………………………….
Enclosed evidence of the legitimacy of the complaint:
– copy of the goods.