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These Regulations define the general conditions, rules and method of sale of car trailers and accessories managed by Martz Spółka z ograniczoną odpowiedzialnością, based in Świdnik, address : Aleja Lotników Polskich 1, 21-040 Świdnik, entered into the register of entrepreneurs of the Sąd Rejonowy Lublin-Wschód in Lublin based in Świdnik, VI Wydział Gospodarczy Krajowego Rejestru Sądowego under the number KRS 0000549775, with the REGON number 361079312 and VAT number 7123294793 (“Seller”) via the B2B Platform (“the Platform”) and defines the terms and conditions for the provision services by Martz Spółka z ograniczoną odpowiedzialnością with its registered office in Świdnik.
1. Seller’s Office-means Aleja Lotników Polskich 1, 21-040 Świdnik.
2. Working days - means days of the week from Monday to Friday, excluding days legally exempted form work.
3. Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
4. Supplier - means a courier company or a carrier with whom the Seller cooperates in the scope of delivering the Goods or the Seller's own transport.
5. Password - means a string of letters, numbers or other characters selected by the Customer, used to secure access to the Customer Account on the Platform. The password is set by the customer when registering on the Platform.
6. Customer - means a natural person, legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
7. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller after prior registration by the Customer on the Platform.
8. Login - is the e-mail address provided during registration on the Platform, required together with the Password to log into the Customer Account on the Platform.
9. Regulations - means these Platform regulations.
10. Registration - means the actual act performed in the manner specified in the Regulations, required for the Client to use all the functionalities of the Platform.
11. Seller - Martz Spółka z ograniczoną odpowiedzialnością based in Świdnik, address: Aleja Lotników Polskich 1, 21-040 Świdnik, entered into the register of entrepreneurs kept by the Sąd Rejonowy Lublin-Wschód in Lublin based in Świdnik, VI Wydział Gospodarczy Krajowego Rejestru Sądowego under the number KRS 0000549775, with the REGON number 361079312 and the VAT number 7123294793.
12. Mounting Point - means an authorized point of sale entered in the approval of Martz trailers, and authorized by Martz to perform activities related to the assembly of trailer elements disassembled for the time of delivery of the goods to the customer in order to optimize loading.
13. Assembly record - a document confirming the performance of activities related to the assembly of trailer elements by a person authorized by Martz and entered in the current assessment report of the manufacturer's branch. The assembly record should be completed in accordance with the instructions attached to the documents.
14. Platform Website - means the websites where the Seller runs the B2B Platform, operating in the domain www.martz.eu
15. Good - means the product presented by the Seller via Platform Pages.
16. Sales contract - means a sales contract concluded electronically on the terms set out in the Regulations, between the Customer and the Seller.
1. All rights to the Platform, including proprietary copyrights, intellectual property rights to its name, Internet domain, Platform's website, as well as to patterns, forms, logos belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations.
2. The Platform is made available by the Seller via the Internet and the Platform Website as an information and communication system resource.
1. Using the Platform shall mean any action by the Customer that leads to him becoming familiar with the content of the Platform's Website, subject to the provisions of §4 of the Regulations.
2. The use of the Platform may only take place on the terms and to the extent indicated in the Regulations.
3. The Seller will endeavour to ensure that the use of the Platform is possible for Customers using all common web browsers, operating systems, computer types and types of Internet connections. The Seller does not guarantee and is not responsible for the fact that each configuration variant of electronic equipment owned by the Customer will enable the use of the Platform. The minimum technical requirements enabling the use of the Platform's Websites, subject to the previous sentence, are a web browser with Javascript enabled and the Adobe Flash plug-in installed, without systems blocking the display of Flash objects and which accepts "cookies".
4. In order to place an order on the Platform and in order to use the Services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
5. The Customer, using the Platform, is not entitled to any interference with the content, structure, form, graphics, or the Platform's operating mechanism.
6. It is forbidden for the Customer to provide unlawful content and the Customer to use the Platform, the Platform's website or free services provided by the Seller in a manner contrary to the law, decency, infringing personal rights of third parties or legitimate interests of the Seller.
7. The Customer is entitled to use the Platform's resources only for his own use. It is not allowed to use the resources and functions of the Platform for the purpose of conducting business activities by the Customer that would violate the interests of the Seller.
8. The Seller declares that the public nature of the Internet and the use of services provided electronically may be related to the risk of obtaining and modifying Customers' data by unauthorised people, therefore Customers should use appropriate technical measures to minimise the aforementioned risk. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Seller never asks the Customer to provide the Password in any form.
1. The condition to start using the Platform is registration. Registration takes place by filling in and accepting the registration form made available on the Platform by a person listed in the company's founding documents. The condition for registration is consent to the content of the Regulations and providing personal data necessary to create an account. After registration, the Seller verifies the data provided and approves access to the account on the Platform. Using the Platform, the Customer may create accounts for authorized persons, granting a separate login and password. When creating accounts for persons authorized by the Client to use the Platform, the Client specifies the scope of information to which the authorized person may have access. Any liability regarding accounts for authorized persons lies with the client. Martz Spółka z ograniczoną odpowiedzialnością may deprive the Customer of the right to use the Platform, and may limit his access to some or all of the resources with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular when the Customer
a) provided during registration in the Online Store data that is untrue, inaccurate or out of date, misleading or violating the rights of third parties
b) engages in other behaviours that will be recognized by Martz sp. z o.o. for behaviour inconsistent with applicable law or general rules of using the Internet or harming the good name of Martz sp.z o.o.
2. The following rules apply for logging in:
a) The customer should fill in all fields of the login form, unless the field is marked as optional;
b) The information reported to the Seller via the registration form available on the Platform should relate only to the Customer and be truthful, with the Customer being the person responsible for the accuracy of the information provided to the Seller;
c) The customer should read the content of the Regulations;
d) The customer should consent to the processing of his personal data contained in the registration form in order to provide services for him and for statistical purposes, while the customer has the right to access their data, correct and delete them.
3. The first login to the Platform is tantamount to:
a) acknowledging and accepting the provisions of the Regulations by the Customer;
b) concluding a contract for the provision of services by the Seller in the form of running
Customer Accounts;
c) authorization of the Seller to process the Customer's personal data contained in the registration form in order to provide the Customer Account maintenance service and for statistical purposes and consent to the Seller transferring to the e-mail address provided by the Customer during Registration, information related to the technical support of the Customer Account.
4. During Registration, the Customer may consent to the processing of his personal data for marketing purposes. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of this data. The consent to the processing of personal data for marketing purposes takes into account that:
a) consent is voluntary and may be withdrawn at any time;
b) The customer to whom the personal data relates has the right to access the content and correction and deletion of personal data;
c) entrusting the Seller with personal data takes place by marking the appropriate field in the registration form.
5. Expressing consent to the processing of personal data for marketing purposes means, in particular, consent to receive commercial information from the Seller or advertisers cooperating with the Seller to the Customer's e-mail address provided in the registration form.
6. The Customer is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. In the event of circumstances indicating the suspicion that the Password is in the possession of an unauthorized person, the Customer is obliged to immediately change the password and notify the Seller of this fact, using the available means of communication.
7. The Seller creates and implements safeguards against unauthorized use, reproduction or dissemination of the content contained on the Website Platforms. If the Seller applies the above-mentioned security measures, the Customers undertake to refrain from any actions aimed at removing or circumventing such security or solutions.
1. The information on the website is not legally binding and does not constitute an offer within the meaning of Art. 66 §1 of the civil law. The photo of the product may differ from its actual appearance and this fact cannot constitute the basis for a complaint.
2. The Customer may place orders on the Platform 7 (seven) days a week and 24 (twenty four) hours a day via the Platform's Website.
3. The Customer completes the order by selecting the Product he is interested in, specifying its quantity for the given Product and by selecting the "ADD TO CART" command, he adds it to the "CART". After completing the entire order, the customer fills in the form with the delivery method and delivery address in the case of selecting the Shipping option. After selecting the "ORDER" command, the customer places the order by sending the order form to the Seller. Each time before the order is shipped to the Seller, the total price of the selected Goods is given. The cost of Delivery of the ordered Goods will be presented to the Customer after the order is handed over for execution.
4. By clicking the "ORDER" button, the Customer submits an offer to conclude a contract for the sale of the Goods being the subject of the order.
5. On the basis of the order placed, the Seller verifies the availability of the Goods ordered by the Customer on the Platform.
6. After analyzing the order, the Seller may make any changes to the order in order to optimize the loading or provide information about the need to make changes to the Customer. The customer can independently make changes to orders with the status "NEW". Changing the order status blocks the possibility making changes to orders by the customer. Modification of orders with a status other than "NEW" is possible only by the Seller.
Each change of the order results in sending an e-mail to the indicated e-mail address with information about the changes made to the order. The delivery date specified in the order is an approximate date.
7. Changes made by the Seller to the Customer's order must be confirmed by the Customer through one of the following options:
- written confirmation of the acceptance of changes to the order.
- selecting the "CONFIRM" button in the e-mail with information about the changes made to the order.
- selecting the "CONFIRM" button in the Contractor's Panel.
8. After the Customer confirms the order, the Seller confirms it by granting it the status "IN CONSTRUCTION" and sends the confirmation of the order to the e-mail address provided by the Customer. This order confirmation is the Seller's declaration of acceptance of the offer referred to in §5 sec. 4 above. Once the order is confirmed by the Seller, it is irrevocable. Cancellation of a confirmed order results in a customer being charged 20% of the order value, excluding services.
9. Orders with changes made and not confirmed by the Customer after 30 days from the date of placing the order will be cancelled.
10. If the ordered Goods are not available on the Platform or the Customer's order cannot be processed for other reasons, including when the purchase of Goods from the Seller's suppliers will not be possible within the time provided for the order fulfilment, the Seller will inform the Customer by e-mail or by phone about the circumstances.
11. If the execution of the order turns out to be impossible, the Seller may propose to the Customer:
a) cancellation of the entire order (the choice of this option by the Customer releases the Seller from the obligation to complete the order);
b) cancellation of the order in the part in which its implementation is not possible within a reasonable time (the choice of this option by the Customer releases the Seller from the performance of the order to the extent that it is not possible)
c) division of the order and specification of the deadline for the performance of the contract in the part that was not originally possible to be performed
12. In the event of the lack of the ordered Goods or the inability to fulfill the Customer's order for other reasons, in particular if the Seller is unable to obtain the ordered Goods within a reasonable time, he may withdraw from the sales contract within 180 (one hundred and eighty) days from the date of placing the order.
13. The Vendor reserves the right to withdraw from the sales contract within 30 (thirty) days from the date of placing the order in the event that it was concluded during the malfunctioning of the Platform's IT system, including the Platform's Website, in particular in the event of displaying incorrect prices or product descriptions.
14. Prices on the Platform's Website placed next to a given Product:
a) are net prices (without VAT) and are specified in PLN or EUR;
b) do not contain information on the costs of Delivery, about which the Customer will be informed after submitting the order;
c) do not contain information on possible customs duties, if the delivery address is outside the territory of Poland.
15. The final price binding the parties to the sales contract is the price of the Goods contained on the Platform's website at the time of order confirmation by the Seller. The Seller reserves the unilateral right to change prices after placing the order and its acceptance by the Seller in the event of a change in the economic relationship, e.g. an increase in the inflation rate, increase in customs or tax fees, material costs or in other justified cases. The Seller will inform about such a change at least 5 days before the change is introduced.
16. The customer makes full payment before delivery, unless otherwise agreed. In the event of other arrangements, payment for the ordered Goods upon receipt of the VAT invoice within the time specified on the invoice by bank transfer to the Seller's bank account. The Seller provides a VAT invoice along with the Delivery of the ordered Goods.
17. The customer undertakes to return the completed assembly record card with the agreed deadline up to 30 days from the date of delivery of the goods. The return can be made by:
- delivery to the indicated correspondence address or sending to the e-mail address a scan, photo, original and correctly completed document.
18. Filling in the assembly card is understood as completing all the fields in accordance with the actual state of the activities related to the assembly of the trailer. The person completing the assembly card should enter legibly their data, the date of performing activities related to the assembly of the trailer and the signature. Without this data, the assembly card is invalid, the Customer is not authorized to sell trailers with incomplete assembly and for which he has not returned the signed Assembly Record.
19. The customer may modify orders until receipt of the order confirmation described above in point 8. In particular, the changes may concern the scope of the subject of the order, cancellation of all or part of the order, change of the Delivery address, or change of data on the VAT invoice. If the Customer adds new Goods to an order that is already in progress, but before the shipment is sent by the Seller, this may extend the time of order fulfillment.
20. The Seller may post information on the approximate number of Working Days needed to complete the order on the Platform's Website.
21. The ordered Goods are delivered to the Customer via the Supplier, on address indicated in the order form.
22. The Seller by phone or via e-mail sends the Customer an approximate information when the Customer will receive the Goods. The Seller has the right to charge a handling fee of 20% of the order value for the delay on delivery of the ordered goods lasting more than 2 weeks from the date of shipment of the Goods provided to the Customer.
23. The Customer should check the delivered parcel in time and in the manner accepted for parcels of a given type.
24. The Customer has the right to draw up the appropriate protocol in the event of a defect or damage to the shipment.
25. The Customer, upon prior approval by the Seller, may collect the ordered Goods in person. The collection can be made at the Seller's Office on working days, from 8-16 after prior arrangement of the date of receipt by e-mail or by phone.
26. It is assumed that the person collecting the Goods on behalf of the Customer is a person authorized by him to collect the delivery and sign the delivery note on his behalf, as well as to perform other related activities.
27. Returns of all kinds of goods from the Customer to the Seller are allowed only with the prior consent of the Seller.
28. The Seller reserves the right to modify the technical elements of the Order, which do not change the performance of the Goods.
29. A customer who is a natural person concluding a contract for the sale of goods directly related to business activity, if the content of the contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Centralna Ewidencja i Informacja o Działalności Gospodarczej has the right to withdraw from the contract within 14 days from the date of taking possession of the Goods
Detailed rules of withdrawal are included in the appendix to these Regulations.
1. The complaint regarding the Goods under the warranty referred to in the Civil Code is excluded.
2. The goods are guaranteed by Seller, the terms and conditions of which are specified in website www.martz.eu
1. The Seller provides the Customers with free electronic services:
a) Running a Customer Account;
2. Services indicated in §7 point 1 above are provided 24 hours a day, 7 days in week.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations.
4. The Customer Account Management service is available after Registration, on the terms described in §4 and §5 of the Regulations.
5. The Customer may submit his comments to the Seller in connection with the use of the above-mentioned free services. Comments should be submitted in electronic form. The Seller, if possible, but no later than within 21 (twenty-one) Business Days, shall respond to the Customer's justified objections to the Customer's e-mail address provided in the submission of comments.
6. The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, breach of the law or the provisions of the Regulations by the Customer, and also when blocking access to the Customer Account and free services is justified security reasons - in particular: breaking the security of the Platform Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services.
7. The Seller notifies the Customer about blocking access to the Customer Account and services free of charge electronically to the address provided by the Customer in the registration form.
1.The Seller is entitled to interruptions or disruptions in the provision of electronic services and the provision of the Platform's Websites, if the reason is:
a) modification, modernization, extension or maintenance of the Seller's ICT system or software;
b) force majeure, acts or omissions of third parties (actions independent of Seller).
2. The Seller shall be liable only in the event of deliberate damage and within the limits of the actual damage suffered by the Customer who is an Entrepreneur.
3. The Seller shall not be liable for non-performance or improper performance of services provided electronically, if it is caused by third parties (in particular telecommunications operators, providers of telecommunications links and electricity). However, the Seller is liable as for his own action or omission for the actions or omissions of persons with the help of whom he provides services provided electronically, as well as persons entrusted with the performance of these services.
4. The Seller shall not be liable for the impossibility or difficulties in using the Platform resulting from reasons attributable to the Customer, in particular for the loss by the Customer or the possession by third parties (regardless of the method) of his Password. However, the Seller is liable if the loss by the Customer or the acquisition by third parties of his Password was due to reasons attributable to the Seller or reasons for which the Seller is responsible.
5. The Seller shall not be liable for damages caused by the actions or omissions of Customers, in particular for their use of the Platform in a manner inconsistent with applicable law or the Regulations.
6. The sole source of the Seller's obligations is these Regulations and the mandatory provisions of Polish law.
1. The administrator of Customers' personal data provided to the Seller voluntarily as part of the Registration and as part of the Seller's provision of electronic services or under other circumstances specified in the Regulations, is the Seller.
2. Personal data will be processed by the Seller only on the basis of an authorization to process data and only for the purpose of fulfilling orders or services provided electronically by the Seller and other purposes specified in the Regulations.
3. Personal data provided to the Seller are provided to him voluntarily, with the reservation, however, that failure to provide the data specified in the Regulations in the Registration process prevents Registration and setting up a Customer Account and prevents the submission and execution of the Customer's order.
4. Anyone who provides the Seller with their personal data has the right to access their content and to correct and delete them.
5. The Seller provides the option of removing personal data from the collection kept, in particular in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has breached applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
6. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use. Set the collected personal data of Customers is treated as a separate database, stored on the Seller's server, in a special security zone, ensuring proper protection.
7. The Seller does not transfer, sell or lend the collected personal data of customers to other persons or institutions, unless it is done with the express consent or at the request of the customer, in accordance with applicable law or at the request of the court, prosecutor's office, police or other authorized authority in the event of breach of the law by customers.
8. The Seller reserves the right to disclose to companies and websites cooperating with the Seller collective, general statistical summaries concerning the Customers. Such statements relate to viewership
The Platform's websites do not contain the Customers' personal data.
9. The Seller uses the mechanism of "cookies", which are saved by the Seller's server on the hard drive of the Customer's end device when the Customers use the Platform's Websites.
10. The use of "cookies" is aimed at the correct operation of the Platform's Websites on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not change the configuration of the Customer's end devices or the software installed on these devices. Cookies are not intended to identify customers.
11. The Seller uses the "cookies" mechanism in order to:
a) remembering information about customers' end devices;
b) verification and development of its offer;
c) statistical.
12. Each customer may disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Platform's websites.
1. Each Part may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other Party before the termination of the above-mentioned contract and the provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by submitting a request to delete the Seller's Account using any means of remote communication, enabling the Seller to read the Customer's declaration of will, the termination of the contract takes place after the notice period of 7 (seven) days.
3. Termination of the contract does not release the Customer from fulfilling his obligations towards the Seller, if such exist on the date of termination of the contract.
4. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
1. The Regulations are valid from the date of their publication on the Platform's website.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Platform's websites.
3. The regulations may be changed. The Customer will be informed about the change in the Regulations by the Seller by sending to the e-mail address indicated in the registration form and by a message on the B2B Platform displayed after logging in to the Customer Account.
4. Notification of the amendment to the Regulations in the manner specified above will take place no later than 7 (seven) Business Days prior to the introduction of the amended Regulations. In the event that the Customer who has a Customer Account does not accept the new content of the Regulations, the contract will be terminated in accordance with the provisions of §10. Termination of the contract does not apply to orders placed and accepted for execution before the entry into force of the new Regulations.
5. All orders accepted by the Store for execution before the date of amendment to the Regulations are implemented on the basis of the regulations in force on the date of placing the order by the Customer.
6. If any part of the Regulations turns out to be invalid or ineffective in the light of applicable law, this part should be interpreted in such a way that it is consistent with the applicable law and reflects as closely as possible the intentions of the given provision. The remaining parts of the Regulations remain in full force and are fully effective.
7. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavour to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
8. The court competent to settle any disputes arising under these Regulations is a common court having local and material jurisdiction for the seat of the Seller.
9. Creating an account by the Customer means acceptance of the Regulations and its subsequent changes.
10. The Regulations come into force on 01/10/2022
Informacje zawarte na stronie internetowej nie są prawnie wiążące i nie stanowią oferty handlowej, w tym w rozumieniu art. 66 § 1 prawa cywilnego. Zdjęcie lub render produktu może odbiegać od jego rzeczywistego wyglądu i ten fakt nie może stanowić podstawy zgłoszenia reklamacyjnego.
© Martz 2024