Terms and conditions

Chapter 1.
General provisions

• The PROMSTAHL online shop is available at www.shop.promstahl.com (hereinafter referred to as the ‘Shop’) and kept by PJP MAKRUM S.A. with registered office in Bydgoszcz, ul. Plac Kościeleckich 3, 85-033 Bydgoszcz, entered in the National Court Register kept by the District Court in Bydgoszcz, 13^th Economic Division of the National Court Register under KRS no. 0000024679; REGON no.: 002524300; VAT no.: 554-023-40-98, share capital of PLN 5,982,716, paid-up in full (hereinafter referred to as the ‘Seller’).
• Definitions:
• BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
• REGISTRATION FORM – a form available in the Shop, necessary to create an Account.
• ORDER FORM – an Electronic Service, an interactive form available in the Shop, necessary to place an Order, including adding Goods to the electronic Basket and defining specific terms and conditions of the Sale Agreement such as: delivery and payment method.
• CUSTOMER – each (1) adult natural person; a legal person (2); (3) an organisational unit other than a Consumer, not being a legal person, whose separate act grants legal capacity to them; who places or intends to place an Order for movable goods presented in the Shop, being the subject matter of the Sale Agreement.
• CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121, further amended).
• CONSUMER – a natural person entering into a legal transaction with an entrepreneur, not related directly to its professional or business activity.
• ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system designated with an individual name (login) and password given by the Service Provider, in which data disclosed by the Service Recipient and information on Orders placed with the Shop by the same is collected.
• BASKET – a service made available to each Customer who uses the Shop, allowing them to easily place an Order for one or more Goods.
• REGULATIONS – these Shop regulations.
• SHOP – the Service Provider’s shop available at www.shop.promstahl.com.
• SELLER, SERVICE PROVIDER - PROJPRZEM MAKRUM S.A. with registered office in Bydgoszcz, ul. Plac Kościeleckich 3, 85-033 Bydgoszcz.
• GOOD – a movable good available in the Shop, being the subject matter of the Sale Agreement concluded by and between the Customer and the Seller.
• SALE AGREEMENT – a sale agreement for a Good which is or has been concluded by and between the Customer and the Seller through the Shop.
• ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the Service Recipient through the Shop.
• SERVICE RECIPIENT - (1) each natural person who turned at least 13, whereas, if such person has not turned 18, consent of their statutory representative is required; (2) a legal person; (3) an organisational unit not being a legal person, whose separate act grants legal capacity to them; who uses or intends to use an Electronic Service.
• CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, further amended).
• ORDER – a Customer’s declaration submitted with an Order Form and aimed directly at concluding the Good Sale Agreement with the Seller.
• These regulations (hereinafter referred to as the ‘Regulations’) are provided exclusively for Shop Customers not being Consumers.
• These Regulations specify terms and conditions of concluding Good sale agreement by and between Customers and the Seller, applying means of distance communication and the principles of using the Shop website by Customers, in particular the Customer’s account.
• Regarding services rendered electronically, the Regulations are regulations referred to under Article 8 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002, No. 144, item 1204, further amended).
• Provision of electronic services by the Seller, making it possible to place orders for Goods available in the Shop electronically and maintaining the Customer’s account – all above are free of charge.
• An agreement for creating and maintaining the Customer’s account in the Shop is concluded for an indefinite period.
• Customers are allowed to purchase a Good through the Shop, regardless whether they have created the account. A Customer, who intends to register, should give the following data: full name, address, postal code, town/city, phone number, VAT number and email address. The appropriate box reading ‘Create account’ should be checked to create an account.
• The Customer will use the Shop in accordance with law and good manners, while respecting personal interests and intellectual property rights of third parties.
• The Seller will be entitled to deprive the Customer of the right to use the Shop in the event of failure to fulfil the obligations referred to in chapter 1, section 9 of the Regulations, or if the Customer provides false information (when registering the account or placing the order).
• All information contained on the Shop website regarding products (including their prices) does not constitute a commercial quotation pursuant to Article 66 of the Civil Code but an invitation to conclude an agreement, specified under Article 71 of the Civil Code.
• Information on the price stated on the Shop website becomes binding upon Customer’s receipt of an email message of acceptance of the order for completion referred to under chapter 2, section 13 of the Regulations. After accepting the order for completion, the said price will not change regardless of price changes in the Shop that may occur in relation to particular Goods.
• In order to use Shop services, the Customer must fulfil the following technical requirements:
• have access to a computer, notebook or another multimedia appliance with access to the Internet;
• have access to email;
• use a suitable browser. Browsers recommended by the Seller: Mozilla Firefox, Microsoft Internet Explorer, Google Chrome and Opera;
• enable cookies and javascript in the browser (if not enabled by default).

Chapter 2.
Placing orders

• The condition for effective placement of an order is that the Customer provides accurate address data, and the phone number or email address for contacting the Seller.
• Information given at the registration of the Customer’s account or when placing an order for a Good should be complete, accurate and current. The Seller may contact the Customer to the submitted address details in order to confirm the validity of data, in particular the address details indicated in the order.
• Orders for goods available in the Shop may be placed:
• through the Shop website;
• by email:office@shop.promstahl.com;
• by phone: + 48 601 350 008
• Effective placement of an order through the Shop website is possible only when a Good selected by the Customer is available in the Seller’s warehouse. Information on the availability is at the subpage referring to a specific Good. For orders placed by phone or email, when the Good selected by the Customer is not available in the Seller’s warehouse, the Seller may provide information on the expected availability of the sought Good and agree the estimated delivery date of the order with the Customer. In the event of a very long availability time, section 3.3 of chapter 4 of the Regulations may apply. If the Seller is not capable of providing a service of properties ordered individually by the Customer due to a temporary inability to provide it, the Seller may, in consultation with the Customer, provide a replacement service corresponding to the same quality and purpose, and for the same price or remuneration or in any other way agreed upon by the parties, or cancel the order.
• In case of ineffective placement of an order resulting from the inconsistency of information stated on the website with the actual stock of the Seller, the Customer will be informed on this and be entitled to change the Order in whole or in part. The Customer may also be proposed to extend the delivery date of the Order. If it is not possible to complete the Order due to the unavailability of a specific Good, the order will be cancelled in whole or in part, about which the Customer will be informed electronically to the email address indicated by the same, or – for faster contact – by phone to their phone number. Any payment made by the Customer for the ordered Good which cannot be delivered will be returned by the Seller within 7 days of the Customer having been effectively notified of the inability to complete the order.
• An order may be placed by email or through the Shop website around the clock, all days of the week.
• An order may be placed by phone on business days, from Monday to Friday between 08:00 a.m. – 04:00 p.m.
• If the Customer has an account in the Shop, an order is placed by logging in the Shop website, adding a Good to the Basket, confirming the will of placing the Order and clicking the ‘ORDER AND PAY’ button.
• If the Customer does not have an account in the Shop, to place an Order through the Shop website it is necessary to add a Good to the Basket, provide all required data for shipping the Good and issuing a sales document and taking other technical actions based on messages or information displayed to the Customer: to confirm the will of placing the order click the ‘ORDER AND PAY’ button and then the link sent to the Customer’s email address.
• If the Customer wishes to receive a VAT invoice documenting the sale, they must give the VAT number when placing the order.
• Placement of the Order by the Customer constitutes a Customer’s quotation submitted with the Seller on the conclusion of a Sale Agreement, according to the Regulations.
• The Customer who has an account in the Shop may track the status of completion of their Orders on the Shop website.
• After sending the Order the Customer first receives automatic confirmation of placement (of the Order) to the email address indicated by the same (Order status in the Customer’s account: ‘Awaits’), then information on accepting the Order for completion (Order status in the Customer’s account: ‘Pending’). After receiving information on accepting the Order for completion, the Sale Agreement for Goods ordered by the Customer is concluded.
• The Seller may additionally confirm the Order by phone in the event of problems with confirming the Order electronically or in cases referred to in chapter 2, section 2 of the Regulations.
• Orders which cannot be confirmed within two subsequent business days will not be completed.
• The Customer will be entitled to cancel the Order before receiving information on shipment of the Good from the Seller (Order status in the Customer’s account: ‘Shipped’). The placed Order cannot be cancelled after receiving the above information. The declaration of will to cancel the Order should be submitted with the Seller electronically to the following address: office@shop.promstahl.com or by phone at the number: + 48 601 350 008.

Chapter 3.
Prices of goods and payment

• All prices of Goods posted on the Shop website:
• are expressed in Polish zlotys,
• include VAT,
• exclude information on delivery costs.
• The price of each Good becomes binding upon Customer’s receipt of information on the acceptance of the Order for completion.
• The Customer will select the payment method for the ordered Good:
• by bank transfer before the delivery (advance payment to the bank account).
• If the Customer chooses the advance payment method, failure to credit the Seller’s bank account within 7 days of acceptance of the Order for completion will result in cancellation of the Order. Payment by bank transfer should be made to the Seller’s bank account:
• Owner of the bank account: PJP MAKRUM S.A. with registered office in Bydgoszcz, ul. Plac Kościeleckich 3, 85-033 Bydgoszcz
• Bank: Santander Bank Polska. Bank account no.: PL10 1090 1896 0000 0001 3462 8017, BIC (Swift) code: WBKPPLPP. A transfer order (or postal order) should contain the number and date of the order (this number is displayed when accepting the Order), the name of the ordering individual/institution and the ‘Internet order’ reference. Due to long booking of payment and difficulties with a return transfer, we do not recommend payment by traditional transfer, i.e. at the post office, through postal agencies or in the bank agency.
• The Seller has the right to limit available payment methods, including to require advance payment to be made in whole or in part, and regardless of the payment method selected by the Customer and the fact of concluding the Sale Agreement.
• The Seller reserves the right to make changes to prices of Goods, run and cancel promotional campaigns and sale, or to introduce modifications therein. The above right will not affect prices of Goods in orders the completion of which had commenced before the effective date of the price change, conditions of promotional campaigns or sale. The above changes do not apply to orders accepted for completion either.
• The Seller reserves the right to provide Customers with individual discounts and discount codes for ordered Goods and take them away. Discounts and discount codes are assigned to the Customer’s account. In case of discounts, a price of each Good after logging in the Shop, thus the final price (without shipment costs) will be reduced by the discount granted (%). In case of discount codes, they should be entered each time when placing an Order – the final price (excluding shipment costs) will be then reduced by the value (%) of the discount code. Provision of a discount/discount code and its value (counted in %) depends not only on the amount of Orders made, but also on the frequency of placement. The above right will not affect prices of Goods in Orders the completion of which had commenced before the effective date of the discount/provision of the discount code.
• For orders placed by phone or email, the value of a discount awarded to the Customer depends on the amount of Orders made, their frequency and delivery time of the Order.
• Promotions and discounts in the Shop are not cumulative, unless the promotion regulations specify otherwise.
• Costs of delivery by courier services are added to each Order, according to the courier company pricelist, including VAT. Information on the costs of delivery is available in the summary of Order costs.

Chapter 4.
Order completion and responsibility of the Seller

• After the Customer receives confirmation of acceptance of their quotation(acceptance of the Order for completion), the process of completion of the Order by the Seller begins.
• Orders placed on weekdays after 02:00 p.m., on Saturdays, Sundays and public holidays, will be accepted for completion and actually completed the next business day. Shipments to Customers are sent by 02:00 p.m.
• The Order is completed and the Good is shipped (sent) on the same business day on which the Order was accepted for completion. This date may be extended only:
• in the event of the payment method selected by the Customer – for advance payment to the bank account the end of Order completion (shipment of the Good) takes place once payment for the Good and delivery is credited with the Seller’s account.
• if the Good is unavailable – while effective placement of the Order through the Shop website is possible only when the Good selected by the Customer is available in the Seller’s warehouse, in case of Orders placed by phone or email, in the absence of the Good, the Customer may be given an option of extending the completion date of the Order. The Seller will then order and check the Good required by the Customer from a proper manufacturer’s warehouse. 　
• The cost of shipment of the Good will be borne by the Customer and added to the price for the selected Good.
• The Good will be delivered to the given address via TNT. The expected time of delivery of the Good by the carrier is 1 business day from the day of sending the shipment by the Seller.
• Upon release of the Good to the carrier by the Seller, benefits and burdens related to the Good and the risk of accidental loss of or damage to the Good are transferred to the Customer other than the Consumer. In such a case the Seller will not be held liable for any loss of or damage to the Good occurring from the date of acceptance for shipment to the date of release to the Customer, and for any delay in transport.
• The Customer is obliged to check the condition of the Good upon receipt of the shipment and in the presence of a representative of the delivering entity (courier, postal operator, etc.). In case any mechanical damage to the shipment is found to occur during transport, the Customer should write a damage report with the delivering entity representative and contact the Seller immediately by phone: + 48 601 350 008 or to the email address: office@shop.promstahl.com, sending a copy of the damage report. If no such damage report is written and sent to the Seller according to the previous sentence, the Customer will lose the right to claim damages for mechanical damage to the Good.
• Orders are completed in the order of receipt thereof until stocks run out.
• The Seller issues a VAT invoice to all Goods purchased in the Shop.
• Pursuant to Article 558, Section 1 of the Civil Code, Seller’s liability under the warranty to the Customer is excluded.
• Seller’s/Service Provider’s liability to the Customer/Service Recipient, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – to the amount of the price paid and the delivery cost under the Sale Agreement, however, no more than one thousand zlotys. The Seller/Service Provider will be held liable to the Customer/Service Recipient only for typical damages foreseeable upon conclusion of the Sale Agreement, and will not be held liable for indirect damage and lost profits in relation to the Customer/Service Recipient.

Chapter 5.

Withdrawal from the Agreement

• The Seller and the Customer may withdraw from the agreement for the service involving maintenance of the Customer’s account anytime by mutual agreement.
• The Customer may terminate the agreement for the service involving maintenance of the Customer’s account forthwith and for convenience by sending for this purpose an appropriate declaration by email to the following address: office@shop.promstahl.com or by registered letter to the Seller’s address.
• The Seller may terminate the agreement for providing the Electronic Service forthwith and for convenience by sending an appropriate declaration to the Service Recipient.
• The Seller will be entitled to withdraw from the Sale Agreement concluded with the Customer within 14 days of conclusion thereof. In this case, withdrawal from the Sale Agreement may take place for convenience and will not give raise for the Customer other than the Consumer to any claims against the Seller.

Chapter 6.
Copyrights

• All materials contained in the Shop website and in the server layer, including descriptions of products, in particular pictures of products, belong to the Seller and are copyright protected pursuant to the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws of 1994, No. 24, item 83).
• Any copying, duplication, sharing and edition of materials mentioned in chapter 6, section 1 without consent of the Seller is prohibited.

Chapter 7.

Personal data

Each person acting on their own or Customer’s behalf and using the Shop acknowledges that:

• The Controller of their personal data provided in connection with the use of the Shop is PJP Makrum S.A. with registered office in Bydgoszcz (85-033), ul. Plac Kościeleckich 3, hereinafter referred to as the ‘Controller’. They may contact the Controller by writing to the following address: office@shop.promstahl.com or by phone:
• The legal basis for data processing is:
• the Agreement between the person and the Controller – to the extent that data processing is necessary for their performance;
• a legal obligation – to the extent that data processing is necessary for the Controller to fulfil its legal obligation;
• a legitimate interest of the Controller (direct marketing of products and services of the Controller, preventing fraud or pursuing and defending claims) – to the extent that d
• consent for data processing will also be a legal basis for processing their data to the extent covered by the consent, if the person gives additional consent for processing personal data.
• The provision of personal data is not mandatory, however, failure to provide it will render the conclusion and performance of the Agreement impossible. Expression or lack of their additional consent for data processing for purposes other than those related to the performance of the Agreement will not such performance.
• If data is stored no longer than necessary, i.e. depending on the purpose of processing:
• conclusion and performance of the Agreement linking it with the Controller – throughout the Agreement and during any settlement thereafter;
• fulfilment of a legal obligation imposed on the Controller – for the time the Controller fulfils its obligations; for the period in which regulations require the Controller to store data (e.g. tax data); or for a short period in which it may suffer legal consequences of failure to fulfil the obligation, e.g. receive a financial penalty from government offices;
• objectives resulting from legitimate interests pursued by the Controller; direct marketing – throughout the Agreement; preventing fraud – during proceedings conducted before relevant bodies; seeking and defending claims – for the period in which claims become time-barred;
• if the Controller processes their personal data on the basis of their consent for specific data use methods, their data will be processed in the period indicated when obtaining the consent, and – in the absence of such indication – until their consent is withdrawn.
• Their personal data will be processed only for the purposes indicated in section 4 above. If they give additional consent for processing personal data, their data will be processed also for the purposes indicated in a statement of consent submitted by them.
• The Controller may transfer their data to recipients:
• servicing IT systems and computer hardware used by the Controller;
• providing the Controller with advisory, marketing, consultation, audit, legal aid, tax and accounting services, acting on behalf of the Controller;
• acquiring or collecting debt – if they fail to pay due amounts to the Controller on time;
• providing postal or courier services.
• The Controller does not intend to transfer data to any third country or international organisations.
• To the extent provided for by generally applicable regulations, they are entitled to require the Controller to provide them with access to their data, rectify, transfer and delete it, as well as to restrict the processing thereof.
• If they additionally give consent for data processing for purpose other than those related to the performance of the Agreement and for taking necessary actions before concluding the Agreement, the consent may be withdrawn by them at any time.
• In connection with the processing of personal data by the Controller, they have the right to lodge a complaint with a supervisory body to the extent provided for by generally applicable regulations.
• Based on their personal data, the Controller will not make automated decisions against them, including decisions resulting from profiling.

Chapter 8.
Final provisions