B2B PLATFORM REGULATIONS

These Regulations define the rules for placing orders and selling products via the B2B Platform at the internet address www.ertgroup.pl run by ERT Group Spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Kraków, ul. Rusiecka 15A, 31-987 Kraków, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 0000658002, NIP 6783164932, REGON 366309490, e-mail address: administracja@ertgroup.pl , telephone number + 48 513 050 796, bank account number (ING Bank Śląski SA):

PL 85 1050 1445 1000 0090 8012 6999 (PLN)

PL 20 1050 1445 1000 0090 8012 7005 (EUR)

PL 95 1050 1445 1000 0090 8020 6650 (USD)

§1

DEFINITIONS

The terms used in the Regulations, written in capital letters, have the following meanings:

1. Working days – days other than Saturday or a public holiday,

2. Password – a unique sequence of characters (numbers or letters) selected by the Client, which the Client indicates in the Service system for the purpose of confirming his/her identity; the Password is confidential and the Client should keep it secret.

3. Client – ​​a natural person, a legal person or an organizational unit without legal personality, which the law provides with legal capacity and the capacity to perform legal acts, conducting business or professional activity on its own behalf,

4. Small Entrepreneur - A Client who is a natural person concluding an agreement directly related to his/her business activity, when the content of this agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.

5. Customer Account – a service provided electronically, consisting in creating and maintaining an individual Customer administration panel on the Website containing the Customer's data (name, surname, company name, address, telephone number, Tax Identification Number and e-mail address).

6. Product delivery costs – this means the costs incurred for the purposes of delivering the Product to the Customer in accordance with the order placed by him.

7. Basket – an element of the B2B Platform, by means of which the Customer formulates the content of the placed order,

8. Amount due – the total amount that the Customer is obliged to pay to the Seller for the purchase and delivery of Products,

9. Newsletter – a service provided electronically, consisting of sending commercial information about own products to Customers;

10. Products – items that the Seller invites the Customer to purchase as part of the B2B Platform,

11. Regulations – these regulations,

12. Website – the website operating at the following address: www.ertgroup.pl ,

13. Registration – the process of creating a Customer Account on the Website,

14. Platform – B2B sales platform operating within the Service at the Internet address www.ertgroup.pl , run by the Seller, enabling the conclusion of Agreements via the Internet,

15. Seller – ERT Group Spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Kraków, ul. Rusiecka 15A, 31-987 Kraków, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 0000658002, NIP (Taxpayer's Identification Number) 6783164932, REGON (National Business Registry Number) 366309490,

16. Order Fulfillment – ​​a series of actions undertaken by the Seller in the performance of the Agreement, ending with the transfer of the Products to the entity that is to deliver them to the Customer,

17. Agreement – ​​a Product sales agreement concluded between the Customer and the Seller via the Platform.

§2

REGISTRATION ON THE SERVICE

1. In order to Register on the Service, it is required to correctly complete the registration form available in the appropriate tab on the Service's website.

2. Registration begins with the Customer setting a Password for the Customer Account and ends with the Service verifying the e-mail address provided by the Customer by means of an appropriate notification.

3. To complete the Registration, the Customer is required to provide the following data:

4. The Seller reserves the right to additionally verify the Customer's data in justified cases, e.g. by telephone contact, and to refuse to activate the User's account without giving a reason.

5. Each Customer is authorized to place Orders only for the purposes of their business activity and undertakes not to share their login and password with other unauthorized entities. In the event that their login and password are shared with unauthorized entities and the Seller suffers damage as a result, the Customer will be obligated to compensate for the damage in full.

6. Sending the completed registration form by the Client will result in:

7. After successful Registration, an activation link will be sent to the email address provided by the Customer. Clicking the activation link completes the Customer Registration process, confirms the authenticity of the data provided in the registration form and constitutes the moment of conclusion of the agreement for the provision of services by electronic means between the Customer and the Seller.

8. The Customer has the right to terminate the agreement for the provision of services by electronic means at any time, which is equivalent to deleting the Customer Account, subject to § 11 section 6 of the Regulations.

§3

TECHNICAL REQUIREMENTS

1. In order to use the Service correctly, Customers must have equipment that meets the following technical requirements:

2. The Service uses cookies. For the Service to function properly, it is recommended to agree to the use of cookies. Detailed information on the purpose of storing and accessing information using cookies, as well as the possibility for the Customer to specify the conditions for storing or accessing information contained in cookies, using software settings installed on the Customer's end device or service configuration can be found in the Privacy Policy.

3. Before registering, the Customer should confirm that he/she has read the Regulations.

§4

PLACING AN ORDER

1. Information about products presented on the Website constitutes an invitation to submit offers within the meaning of Article 71 of the Civil Code and does not constitute an offer within the meaning of Article 66 of the Civil Code.

2. Orders on the Platform can be placed 24 hours a day, 7 days a week via the Service website, but their execution will take place only on Business Days.

3. In order to place an order, the Customer should add the Product they are interested in and intend to purchase to the Cart, however, adding a product to the Cart is not tantamount to placing an order.

4. The Cart tab allows the Customer to manage ordered Products by viewing them, adding or removing them from the Cart and recalculating the Fees.

5. To place an order, add the Products you have selected to the Cart, specify the type of shipping and payment method, then select the "Order and pay" option and follow the further instructions of the Seller.

6. The Customer may place an order only after logging in to the Customer Account.

7. The Agreement will be concluded at the moment of sending to the Customer, to the e-mail address provided by him when placing the order, a return message from the Seller confirming the submission and content of the order placed by the Customer.

8. Placing an order constitutes the Seller's authorization to process personal data provided within the Customer Account for the purpose of executing the Agreement and for statistical purposes and consent to the Seller sending information related to the technical support of the placed order to the e-mail address provided by the Customer during Registration.

9. The ordered Product will be delivered to the Customer's address indicated during Registration or in the order form. The Customer may also select a different delivery address for the Product or collect the ordered Product in person at the Seller's registered office.

10. The Seller reserves the right to reject incorrectly or incompletely filled-out order forms. The Customer may make any corrections to the order only until its completion is confirmed and only to the extent permitted by the system. A confirmed order cannot be canceled without the Seller's consent.

§5

PRODUCTS

1. All Products are brand new, unused.

2. Before making a purchase, you can familiarize yourself with each Product. For this purpose, you can use the description placed in the Product tab. If the description is insufficient, additional information can be obtained by e-mail at kontakt@ertgroup.pl or by phone at + 48 513 050 796.

3. Product photos are for illustrative purposes only. The Products shown in them may differ slightly from the Products offered for sale.

4. The Seller shall make every effort to ensure that all Products are shipped within the order fulfillment time.

5. The Seller reserves the right to change the Product catalogue.

§6

PRICES

1. All Product prices are expressed in Polish zloty and include VAT, but do not include shipping costs.

2. The prices displayed next to the Products presented at the time of placing the order are binding and final.

3. The Seller reserves the right to change the prices of the presented Products, as well as to organize promotional campaigns and cancel them.

4. Payment for the ordered Products may be made in the following forms of payment:

a. payment by postal order or bank transfer to the Seller's bank account

b. electronic payment via the website www.payu.pl

c. payment on delivery – cash to the courier (cash on delivery option)

d. payment on delivery – upon personal collection at the Seller’s registered office.

5. The Customer purchases the Product together with the delivery service according to the prices and delivery costs applicable at the time of placing the order.

6. The Seller reserves the right to change prices and delivery costs, in particular in the event of a change in the price lists of services provided by entities carrying out deliveries. This provision does not apply to orders already being fulfilled.

7. The Buyer may choose the method of payment for the ordered Product.

8. In case of choosing the payment method described in sub-items "a" and "b" of point 4, failure to pay for the ordered Product within 3 days from the date of placing the order will result in the order being canceled.

9. Current prices and delivery costs are presented on the subpage of the Online Platform and are visible at the Basket level.

§7

ORDER PROCESSING

1. The date of performance of the Agreement concluded via the Platform is the date of receipt of the shipment by the Customer.

2. Delivery is made to the address indicated by the Buyer in the order.

3. The Seller issues a sales document in the form of a VAT invoice for each order. The Customer hereby authorizes the Seller to send the invoice by email, without the issuer's signature, in PDF format.

4. The ordered Product is delivered by a courier company specified by the Seller.

5. If the Customer or the person authorized by them (e.g. an employee) is not present, a notice is left. In some cases, after an unsuccessful delivery attempt, the packages are forwarded to the GLS/DHL/UPS courier collection point nearest to the Customer.

6. Estimated delivery date of domestic shipment to the Customer is 1-2 Business Days from the date of shipment. International shipments delivered by GLS/DHL/UPS courier should arrive within approximately 4-5 Business Days from the date of shipment.

7. If the Seller is unable to fulfill the service due to the fact that the Product is currently unavailable, he will immediately, but no later than 1 Business Days from the conclusion of the Agreement, notify the Customer, who will decide on the further fate of the order placed by him.

8. The expected order fulfillment date is indicated for a given Product and applies to shipments made within Poland.

9. The Customer is obliged to check the condition of the Product after delivery and in the presence of a representative of the entity carrying out the delivery (e.g. courier, postman). In the event of finding any mechanical damage to the shipment incurred during transport, the Customer should draw up a damage report and immediately contact the Seller by phone at: + 48 513 050 796, or by e-mail at: kontakt@ertgroup.pl .

10. The Seller may withhold the refund of payments received from the Customer until it receives the returned Products or until the Customer provides proof of sending back the returned Products.

11. The Seller does not accept parcels sent cash on delivery.

§8

RIGHT OF WITHDRAWAL

1. In accordance with Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287). A Small Entrepreneur may withdraw from the Sales Agreement without giving a reason by submitting a declaration of withdrawal from the agreement to the Seller, which may be submitted on the form constituting Annex 1 to the Regulations. Annex 1 - Withdrawal from the agreement <link to form>

2. Withdrawal from the contract may occur within a non-extendible period of 14 days, counted from the day on which the buyer or a third party indicated by him other than the carrier takes possession of the subject of the contract. To meet the deadline, it is sufficient to send a statement before the expiry of this period by any channel of distance communication, including:

3. The Seller shall immediately send the Small Entrepreneur a confirmation of receipt of the declaration of intent to withdraw from the Agreement to the e-mail address provided by the Small Entrepreneur.

4. The Small Entrepreneur has the right to withdraw from the contract without incurring any costs, except for:

a. additional costs incurred by the Small Entrepreneur in connection with the selection of a method of delivery of the Product other than the cheapest, standard method of delivery offered by the Seller and

b. direct costs of returning the Product (shipping costs),

c. the costs of returning the items if, due to their nature, the items cannot be returned by regular post.

5. In the event that the Small Entrepreneur exercises the right to withdraw from the contract, the Small Entrepreneur is obliged to return the product issued to him immediately, but no later than within 14 days from the date on which he withdrew from the contract. The product should be sent to the following address: ERT Group spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Kraków, ul. Rusiecka 15A, 31-987 Kraków.

6. The Buyer has no right to withdraw from the concluded contract in the cases specified in Art. 38 of the Act on Consumer Rights, and in particular if the Product is a non-prefabricated item, manufactured according to the specifications of the Small Entrepreneur or intended to meet his individual needs;

7. The Small Entrepreneur is liable for any reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish its nature, characteristics or functioning.

8. The Small Entrepreneur bears the direct costs of returning the Product, taking into account the need to choose a method that will ensure that the Product reaches the Seller in an undamaged condition.

9. The Seller, no later than within 14 days from the date of receipt of the Small Entrepreneur's declaration of withdrawal from the contract, will return to the Small Entrepreneur all payments made by him, including the costs of delivering the goods. The Seller shall return the payment using the same method of payment that the Small Entrepreneur used.

10. The Seller may withhold the refund of payments received from the Small Entrepreneur until the Seller receives the returned Products or until the Small Entrepreneur provides proof of sending back the returned Products.

11. The Seller does not accept parcels sent cash on delivery.

§9

COMPLAINTS AND WARRANTIES

1. Complaints can be submitted via the "Complaints" tab on the website. If it is impossible to submit a complaint this way (e.g. the Client is blocked, the Platform is down), this Complaint Form <link to the Complaint Form> shall apply.

2. The complaint will be considered immediately, no later than within 14 days from the date of its receipt by the Seller. If the complaint is accepted, the product will be exchanged for a full-value product, and if this is no longer possible or excessively difficult, the Seller will offer a choice of other products, and in the event of no consent to another product, the Seller will return the amount received from the Customer and issue a correction to the VAT invoice. The Customer has no right to return the goods without consulting the Seller.

3. Purchased and delivered goods are covered by the manufacturer's warranty provided with the goods.

4. The Seller's liability under the warranty for defects is excluded pursuant to Article 558 § 1 of the Civil Code.

§10

PERSONAL DATA AND NEWSLETTER

1. The administrator of the personal data of Customers provided to the Seller as part of the Registration for the purposes of implementing the Agreement and as part of the provision of services by the Seller electronically or for statistical purposes is the Seller.

2. Personal data will be processed by the Seller solely on the basis of authorisation to process data and solely for the purpose of executing orders or services provided electronically by the Seller and for other purposes expressly 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 and the conclusion of the Agreement.

4. The Customer may consent to receiving advertising and commercial information from the Seller, including via electronic means of communication.

5. Anyone who provides the Seller with their personal data has the right to access their content and to correct and delete them (the right to be forgotten), subject to paragraph 7 below, as well as the right to limit processing, the right to transfer data, the right to object, the right not to be subject to profiling.

6. The Seller provides the possibility of deleting personal data from the maintained collection, in particular in the event of deletion of the Customer Account. The Seller may refuse to delete personal data if the Customer has not settled all liabilities to the Seller or has violated applicable legal regulations, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.

7. The Seller protects the personal data provided to him and makes every effort to protect it from unauthorized access or use. The set of collected personal data of Customers is treated as a separate database, stored on the Seller's server, in a special security zone, ensuring appropriate protection.

8. 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 legal provisions or at the request of the court, prosecutor's office, police or other authorized body, in the event of a breach of legal provisions by the Customers.

9. The Seller reserves the right to disclose aggregate, general statistical summaries regarding Customers to companies and websites cooperating with the Seller. Such summaries concern the Service's viewership and do not contain Customers' personal data.

10. The Client may order the sending of information in the form of a Newsletter to the e-mail address provided by him/her. By placing an order for the sending of the Newsletter, the Client simultaneously ensures that he/she is authorized to dispose of the e-mail address to which the information is to be sent.

11. The customer has the right to unsubscribe from the Newsletter at any time.

12. Detailed information on the principles of processing and protection of personal data provided by Customers can be found in the Privacy Policy - <link to Privacy Policy>

§11

COPYRIGHT

1. All photographs, designs, drawings, icons, descriptions and other information contained on the Website are protected by copyright belonging to the Seller or other authorized entities.

2. Any copying, publication or any use thereof without the consent of the Seller or other authorized entity is prohibited.

§12

FINAL PROVISIONS

1. The content of these Regulations may be changed after informing Customers about the scope of the expected changes, no later than 14 days before their entry into force.

2. Orders placed during the validity of the previous version of the Regulations will be fulfilled in accordance with its previous provisions. If the Customer does not agree to the introduction of changes to the Regulations, he may delete his Customer Account.

3. Any disputes arising between the Seller and the Customer shall be resolved by a common court with jurisdiction over the Seller's registered office.

4. Customers can contact the Seller in the following ways:

5. Buyers can access these Regulations at any time via the link on the main page of the Website www.ertgroup.pl.

6. These Regulations are effective from 1 January 2021.