Preparing your plastic-on experience

General Terms and Conditions

  1. 1. General provisions
    1. 1.1. These Terms and Conditions constitute a legally binding agreement between the Company and Clients or Users, define the rights and obligations of a Client, Users and the rules for using the Platform (www.plastic-on.com), especially concerning purchasing goods via the Platform. The Terms and Conditions also specify the rights and obligations of the Company. Creating a Client’s Account within the Platform and accepting the provisions of these Terms and Conditions or starting to use the Platform in any other way, shall be considered as the conclusion of a contract for the provisions of electronic services between the Company and a Client.
    2. 1.2. The definitions used in these Terms and Conditions should be understood as:
      1. 1.2.1. Platform – an Internet website with functionalities of e-commerce platform, enabling users to purchase products offered by the Company, owned and maintained by the Company,
      2. 1.2.2. Company – “Plasticon Poland” Spółka Akcyjna with its registered office in Toruń, Poland, address: ul. Marii Skłodowskiej-Curie 59, 87-100 Toruń, entered into the register of entrepreneurs kept by the District Court in Torun, VIIth Commercial Division of the National Court Registry under no. KRS 0000095575, NIP 8790169966, REGON no. 340400555, company capital: 1.793.600 zł, paid in full,
      3. 1.2.3. Client – natural person or legal person that is conducting registered business activities and created Client’s Account within the Platform and accepted provisions of this Terms and Conditions,
      4. 1.2.4. User – a person that may use an account within the Platform, acting on behalf of a Client, especially an employee or a representative of a Client, assigned to a specified Client’s Account,
      5. 1.2.5. Client’s Account – an integral part of the Platform, made available to a Client via Platform’s website after logging in, allowing ordering Products offered within the Platform and viewing and managing Client’s information stored in the Platform,
      6. 1.2.6. Contract – a binding agreement concerning purchasing Products via the Platform, made within the Platform by a Client and the Company,
      7. 1.2.7. Product or Products – all goods produced, distributed and offered within the Platform by the Company, that may be purchased by a Client,
      8. 1.2.8. Purchase Order – a binding statement, made by a Client within the Platform, concerning submitting an offer of purchasing Products from the Company,
      9. 1.2.9. Terms and Conditions –regulations constituted in this document, that create a binding agreement between a Client and the Company,
      10. 1.2.10. Privacy Policy – a document containing information about processing Client’s or Users’ personal data and using cookies within the Platform,
      11. 1.2.11. Party – the Company or a Client.
  2. 2. Functionalities of the Platform
    1. 2.1. The Platform allows Clients to order Products manufactured, sold or in any other way offered by the Company. Making such an order by a Client shall be understood as submitting an inquiry by a Client to enter into a binding legal Contract for delivery of goods made by the Company, basing on a specific provisions of hereby Terms and Conditions.
    2. 2.2. The Platform allows Clients and Users to perform a number of activities connected with purchasing Products, according to the provisions of these Terms and Conditions, including in particular:
      1. 2.2.1. creating Client’s Account by a Client,
      2. 2.2.2. browsing Products offered within the Platform,
      3. 2.2.3. purchasing Products from the Company,
      4. 2.2.4. reviewing submitted orders,
      5. 2.2.5. editing information concerning a Client, stored within Client’s Account,
      6. 2.2.6. contacting representatives of the Company.
    3. 2.3. The Platform is intended exclusively for business users, i. e. entities conducting registered business activities, using the Platform in connection with their activities – especially sole proprietorships, partners of partnerships, partnerships and commercial law companies. The Platform is not intended to be used consumers, i.e. people who intend to use it for purposes unrelated to the business conducted by them or their professional activity. The Company reserves the right to verify if Clients are entities conducting business activities, in particular by verifying the data provided by them within the Platform with the data presented in publicly available business registers, such as the Central Business Activities Registry or the Court Registries, functioning in a Client’s country of origin.
    4. 2.4. Due to the fact that a Client has the right to request the Company to create Users’ accounts for his employees or representatives, a Client is obliged to acquaint Users with the provisions of this Terms and Conditions.
    5. 2.5. The Company provides services with electronic means of communications in a way enabling uninterrupted use of the Platform, 7 days a week, with a restriction of performing possible, periodic maintenance work, about which the Company will inform Clients at least three days in advance, via the Platform. The Company reserves the right to carry out repair work also on an ad hoc basis, without informing Clients in advance, in particular to eliminate errors or defects whose removal is not associated with the need to shut down the Platform for a long time. The Company is not liable for any damages arising from temporary shutdown of the Platform for any possible reason, especially because of technical errors, server malfunction or software errors.
    6. 2.6. The Company shall take reasonable actions in order to repair eventual bugs or errors within the Platform or to find a temporary solution to eliminate the effects of the error or bug, to enable the on-going use of the Platform. The Company however does not guarantee, that each problem will be solved in the short term, in particular because of the potential the complexity of possible malfunctions and notices that eventual repair of errors or bugs may require additional time.
  3. 3. Creating Client’s Account
    1. 3.1. A Client may create Client’s Account directly via the Platform. In order to create such an account, a Client is obliged to accept provisions of this Terms and Conditions and provisions of Privacy Policy. During creating Client’s Account, Client also shall enter the following data:
      1. 3.1.1. Company name - the name and surname of an entrepreneur if he or she is a natural person or a company name of a entrepreneur if it is not a natural person,
      2. 3.1.2. name and surname of a contact person,
      3. 3.1.3. e-mail address,
      4. 3.1.4. phone numer
      5. 3.1.5. tax identification number (VAT number),
      6. 3.1.6. business address.
    2. 3.2. After entering data mentioned above, Client may electronically send to the Company a motion concerning creating Client’s Account. The Company reserves the right to verify information included in a motion and to refuse to create Client’s account. Verification may especially concern comparison of the information with the data provided in public registers and the Client’s status of entrepreneur. Verification of this data at this point of creating Client’s Account does not in any way limit the the Company’s right to verify Client’s status later, during cooperation between Parties.
    3. 3.3. After verifying data referred to in point 3.1, according to point 3.2, a Client will receive an electronic mail, sent to e-mail address given during creating a Client’s Account, with a confirmation of creating such an account. A Client may be required to confirm creating this account by clicking a link included in this electronic message.
    4. 3.4. Creating a Client’s Account, according to provisions of this paragraph, allows a Client to purchase Products offered within the Platform and to conclude transactions via the Platform.
    5. 3.5. A Client may also send to the Company a request to create a User’s account, connected with Client’s Account. Creating a User’s account is being made by employees of the Company manually. If a Client wishes to alter or delete User’s account, it should contact the Company accordingly.
  4. 4. Technical requirements
    1. 4.1. To use the services provided via the Platform, it is necessary for a Client to have a computer or a mobile device with a web browser, such as Google Chrome, Mozilla Firefox, Internet Edge or Safari web browser, updated no later than one year ago, with cookies enabled, and with an Internet connection.
    2. 4.2. Using Internet services is connected with a risk of infecting a computer or other devices with viruses, rootkits, spyware or any other kind of malicious software. The Company hereby states that it has undertaken all necessary actions to protect Client’s security and the Platform has all the necessary safety tools. However, in order to mitigate risk of security breach it is suggested to:
      1. 4.2.1. install antivirus software on Client’s device,
      2. 4.2.2. update Client’s operating system on a regular basis,
      3. 4.2.3. keeping Client’s password confidential.
    3. 4.3. A Client is solely responsible for the use of appropriate measures (such as securing a device with password or PIN code) that will ensure the security of data saved and stored on his device and prevent unauthorized access. A Client should provide appropriate technical and organizational measures in order to achieve adequate level of security, especially in connection with the risks of losing the access password to his operating system or password to the Platform.
  5. 5. Purchase orders
    1. 5.1. A Client may browse Products that are offered via the Platform. The Company indicates that in order to find certain categories of Products, especially because of their individual characteristics, a Client may be required to enter additional data connected with a Product, especially diameter, type, chemical barrier layer, pressure or other distinctive features of a Product. Detailed information concerning specific Product’s features are listed in Product’s catalogue that is available for download by a Client via the Platform.
    2. 5.2. A Client may add selected Products to the cart, which should be understood as preparing to make an order and conclude a Contract via the Platform. A Client may specify the amount of chosen Products. However, the Company reserves the right to limit the total number of Products or limit the amount of a specified Product that may be ordered via the Platform.
    3. 5.3. Client may, after adding selected Products to the cart, continue browsing products or finalize transaction and purchase selected Products. Purchasing products may require choosing a delivery method, according to the provisions of point 6 of Terms and Conditions.
    4. 5.4. After selecting Products and method of delivery, a Client may confirm the transaction by clicking “Order” button within the transaction website. Clicking the “Order” button shall be understood as a invitation to tender. Therefore, ordering a Product, shall not be understood as the final conclusion of a Contract between the parties, but only as sending the Company information that a Client is willing to conclude a binding contract for purchasing selected goods. The final conclusion of the agreement is followed by confirmation sent by the Company via e-mail.
    5. 5.5. The Company may indicate in a e-mail that conclusion of a Contract may be not possible or requires any changes, especially concerning payment method or delivery method.
    6. 5.6. A Client may withdraw an order until the moment of confirmation made by the Company. A withdrawal shall be made by sending an e-mail message to the Company. A withdrawal after confirmation made by the Company is not possible.
    7. 5.7. If the Company does not confirm the transaction via an e-mail, according to the provisions mentioned above, within the term of 72 hours since placing an order by a Client, or did not inform a Client about any required changes to the order, it shall be assumed that the Company did not confirm the order and the contract is not concluded. The Company is not liable for any damages arising from not confirming the order to a Client and reserves the right not to confirm potential order or orders without any justification.
    8. 5.8. If the Company will indicate, that any potential changes, especially concerning payments or delivery method, are required in order to conclude a Contract, the Parties will jointly agree upon and confirm any special provisions concerning the order. The Company may especially require that a payment will be made in a specific term, in a certain, indicated by the Company way or delivery will be performed in specified way, with a restriction that the time of delivery may be longer that a standard delivery time or delivery will be performed in other than standard, selected by Parties way, e.g. by using special transport that require extra payment made by a Client. Confirmation of these specific terms of a Contract may be made by both Parties via e-mail.
    9. 5.9. The Company states that, due to the organization of the Company’s enterprise and factory, it may not store all offered via the Platform Products in its warehouses. It means that ordered by a Client goods will be produced after confirming a possibility to realize an order by the Company and after concluding a Contract between a Client and the Company.
    10. 5.10. A Client may specify within the Platform special requests, including, delivery time, payments or transport method. The Company will respond to these requests with the confirmation of concluding of a Contract or with other electronic message, sent to a Client.
  6. 6. Delivery
    1. 6.1. A Client may choose delivery method during finalizing order on the Platform’s website. A Client may choose from:
      1. 6.1.1. parcel services,
      2. 6.1.2. collection of Products in person,
      3. 6.1.3. using services of an independent transport company.
    2. 6.2. Due to potential, possible difficulties or high cost of transport, the Company may inform a Client that certain, chosen by a Client, method of transport may not be available in connection with ordered Products. In case of such a situation, the Company will send an e-mail to a Client and propose eventual, if possible, alternative method of transport. The Company hereby informs a Client that any required change of transport method may lead to an extension of a delivery time.
    3. 6.3. The Company informs that standard delivery time using parcel services, is 30 days if a Client orders delivery to a country within the European Union zone. However, the Company indicate that usually it may deliver ordered Products in six to nine days, which is an estimated, not binding time. Time of transport to a country which is not European Union member country will be agreed individually between Parties, especially via electronic communication measures after submitting an order by a Client. This individual arrangements shall be considered as a negotiating potential changes of an order, according to provisions of point 5.8 of these Terms and Conditions.
    4. 6.4. If a Client chooses to collect ordered Products in person, the Company will inform a Client about the possibility to collect these goods after its production, usually no later than 21 days after confirming the order, according to the provision of point 5.4 of these Terms and Conditions. The Company will store ordered and produced goods at least for 30 days, in order to enable Client to pick them up. However, the Company informs that after expiration of this term and not collecting Products, the Company has the right to withdraw from the contract and to annul the order. The Company is not liable for any damages arised from the annulation of the order, that may be incurred by a Client in case of not collecting Products in indicated time.
  7. 7. Payments
    1. 7.1. A Client is obliged to pay price for ordered Products, indicated during making an order via the Platform and in order confirmation sent by the Company, as well as other costs connected with performing a Contract, especially potential taxes or transport costs,. Payment shall be performed by a Bank transfer.
    2. 7.2. The Company reserves itself a right to inform a Client about a requirement to change the method of payment, especially due to the inability to accept standard method of payment due to legal, tax or other issues.
    3. 7.3. The Company is not obliged to send or hand over Products before receiving a full payment for Products from a Client, including possible other costs connected with a transport, taxes, customs or tariffs. However, the Company may agree on sending Products before receiving a full payment, basing on an individual arrangements made by Parties, in written or electronic form, especially when it comes to deliveries to permanent customers.
    4. 7.4. Notwithstanding the foregoing provision, The Parties both agree, that the Company remains a sole owner of Products ordered by a Client, before receiving a full payment, indicated in conformation e-mail, sent to a Client according to a provision of 5.4 of these Terms and Conditions or according to other arrangements made by Parties, even if a Client picked Products from the Company’s warehouse or the Company sent Products to a Client, using any other form of delivery method chosen by a Client.
    5. 7.5. The Company is not obliged to agree on any other payment method, especially because of long-term business relationship between Parties. However, the Company may accept other payment method that is proposed by a Client.
    6. 7.6. The Company is entitled to require additional measures that ensure safety of the transaction, especially issuing a bank guarantee concerning transaction that may be made by Parties, or establishing a pledge by a Client.
    7. 7.7. Prices of Products, mentioned in the Platform are prices in net amount, excluding any taxes or tariffs, especially value-added tax. In certain situations, depending on the international relations between countries in which Parties have their seats, or in case of a domestic order (made by Parties in Poland) a Client may be required to pay any necessary taxes or tariffs, according to the provisions of law, at the rate applicable on the date of the transaction.
  8. 8. Warranty
    1. 8.1. The Company grants to a Client an one-year warranty for defects of a Product. By the term “defect” Parties understand such a fault of a Product that prevents its proper use in accordance with its intended purpose, in particular cracks, leaks, significant deformations or punctures. The warranty does not cover minor defects, such as small deformations, incorrect colours or shades, minor differences in a Product dimensions that do not prevent use of the Product as intended.
    2. 8.2. The warranty does not cover defects that result from improper use of the product by A Client, in particular those related to:
      1. 8.2.1. mechanical, thermal and chemical damages,
      2. 8.2.2. incorrect transport and storage of the Product,
      3. 8.2.3. incorrect installation of the Product,
      4. 8.2.4. all forms of using the Product in inappropriate conditions,
      5. 8.2.5. all forms of use of the Product contrary to its intended use.
    3. 8.3. The warranty does not cover situations when a Client is not able to use the Product because of the incorrect selection of the Product.
    4. 8.4. The warranty shall be considered as voided if any of situations mentioned above occur, especially if a Client, its employees, any other person will deliberately or accidentally damage Product or other external circumstances will lead to damaging a Product.
    5. 8.5. A Client is obliged to immediately inform the Company about a discovered defect, no later than within 14 days of the day of discovering a damage. Warranty claim should be sent by e-mail to the Company’s electronic address. The content of the claim should include:
      1. 8.5.1. name of a Client, its address, business seat, country, tax identification number, company’s registry number,
      2. 8.5.2. name and surname, phone number, e-mail address of a contact person,
      3. 8.5.3. description of a damage, including, if possible, photos of a damaged item,
      4. 8.5.4. a date of ordering a damaged Product and individual order’s number,
      5. 8.5.5. Client’s requests.
    6. 8.6. After receiving Client’s claim, according to the provisions of point 8.5 of these Terms and Conditions, the Company will review obtained claim and inform a Client about accepting or rejecting the claim. The Company has the right to demand more data, if necessary to review the submitted claim. In this case, the term for the Company to reply to a Client is being extended for a number of days during which a Company waited for a Client’s reply.
    7. 8.7. If the Company accepts the claim, it may, at its own choice, reimburse a Client with a full price of a damaged Product’s or provide a Client with a new Product with the same or better characteristics and features that damaged one.
    8. 8.8. If the Company chooses to provide a Client with a new Product, it will be delivered to the address indicated in the original order, in relation to which the damaged Product was originally sent.
    9. 8.9. After revealing a defect in a Product, a Client is obliged to take actions in order to prevent further damage of a Product.
    10. 8.10. If a warranty claim is considered by the Company as valid and the Company is obliged to exercise relevant Client’s rights, the Company shall pay all necessary costs, especially concerning transport of Products or bank transfers costs.
    11. 8.11. If a Product is repaired or replaced with a new one, according to warranty provisions, the warranty period begins again from the moment the Product is delivered or repaired.
    12. 8.12. The parties exclude any other liability of the company concerning damages or defects of the Product, especially arising from other warranty or reclamation provisions under other legal regulations, to the maximum extent permitted by applicable law.
  9. 9. Returns
    1. 9.1. A Client may return an ordered Product that he received or collected only if it is damaged, according to the provisions of point 8.1 of these Terms and Conditions or does not comply with the Product’s specification, described in Product’s catalogue, that can be found on the Platform’s website. A return is not possible in case of occurring minor defects, especially such as small deformations, incorrect colours or shades or minor differences in product dimensions that do not prevent use of the Product as intended.
    2. 9.2. A Client shall inform the Company about his will to return a Product within the term of 14 days since receiving or collecting a Product. After this term a return is not possible, unless a Client is eligible to exercise its rights arising from provisions concerning warranty.
    3. 9.3. A Client is solely liable for a storage or transport of a product that is to be returned. A Client hereby states that it is responsible for any actions or omissions that may lead to damaging a product after collecting it or receiving it by a Client. Parties hereby states that any damages to a Product may lead to an exclusion of a right to return a Product.
    4. 9.4. A Client is not entitled to return a Product if it was damaged after receiving it or collecting it by a Client, especially in case of damaging it by a Client due to lack of care, improper use or other actions or omissions of a Client, its employees, co-workers, representatives or third parties, as well as due to due to external factors, e.g. weather or natural disasters.
    5. 9.5. A Client is not entitled to return a Product if a Client started using purchased Product that is about to be returned.
    6. 9.6. If a Client is willing to return a Product, according to the provisions of this paragraph, it shall inform the Company via electronic mail within the term mentioned in point 9.2 of these Terms and Conditions Such an information shall contain:
      1. 9.6.1. name of a Client, its address, business seat, country, tax identification number, company’s registry number,
      2. 9.6.2. name and surname, phone number, e-mail address of a contact person,
      3. 9.6.3. a date of ordering a Product and other specific details of this order, especially individual order’s number,
      4. 9.6.4. description of a cause of return.
    7. 9.7. After receiving a message mentioned in point 9.6 of these Terms and Conditions, the Company will review a possibility to return a Product, bought by a Client, and will send a reply to a Client’s message with an information about accepting a return or refusing exercising Client’s right to return a Product.
    8. 9.8. In case of accepting a return, the Company shall inform a Client about possible method of transport of a returned Product and delivery address to which the shipment should be made.
    9. 9.9. The Company shall pay back to a Client the amount paid by a Client for the purchase of the returned Product after the Company receives returned Product.
  10. 10. Liability
    1. 10.1. A Client is liable for its actions or omissions that do not comply with the provisions of these Terms and Conditions or generally applicable law.
    2. 10.2. In connection with using the services provided electronically by the Company, or buying Products offered by the Company, a Client is obliged in particular to:
      1. 10.2.1. be compliant with copyright and intellectual property rights, including those resulting from the registration of inventions, patents, trademarks, utility and industrial designs to which the Company is entitled,
      2. 10.2.2. refrain from using the Platform to create, post or send illegal content within the Platform, in particular those not compliant with these Terms and Conditions or those which violate generally applicable law or in order to conduct any other activities not compliant with the law,
      3. 10.2.3. refrain from any actions that would violate the rights of other Clients,
      4. 10.2.4. refrain from any activities that may lead to a unauthorized interference with the Platform, including those that could impede or disrupt the functioning of the Platform as well as activities that may lead to losing, changing, removing, damaging or hindering access to the Platform by other Clients.
    3. 10.3. The Company is liable to a Client only for the provision of electronic services and selling Products via the Platform, according to the provisions of these Terms and Conditions.
    4. 10.4. The Company shall be liable only for actual damages caused by the Company's acts or omissions related to the use of the Platform in connection with the Client’s activities. The Company’s liability for any other damages, including lost profits is excluded.
    5. 10.5. The total liability of the Company for any damages caused to a Client in a given calendar year is limited to the amount of remuneration received from a Client in a given calendar year, in connection with the sales of Products via the Platform. However, this does not apply to liability for damages caused intentionally.
    6. 10.6. Without the prejudice to the provisions mentioned above, the Company shall not be liable:
      1. 10.6.1. for any activities or services covered by these Terms and Conditions, performed by any entity other than the Company’s employees, associates and authorized subcontractors or the Company itself, what means that the Company is not liable for any acts or omissions of a Client or any third parties involved in the using of the Platform,
      2. 10.6.2. for any failure to perform his obligations arising from these Terms and Conditions or any other improper provision of the services, in the extent that results from the occurrence of Force Majeure or from any non-performance or improper performance of obligations by a Client, or Client’s failure to cooperate with the Company,
      3. 10.6.3. for non-performance or improper performance of the Service Provider’s obligations to the extent that it results from technical or legal restrictions independent from the Service Provider, in particular in the area of providing remote maintenance services as well as the conditions and quality of communication with external services.
    7. 10.7. The term of "Force Majeure", shall be understood by Parties as an event that could not have been foreseen with due diligence required in commercial relations, which is not resulting from acts or omissions of the Party which could be considered as liable and which this Party could not counteract if it would be acting with due care or for which it is not liable in accordance with the general principles of civil law, in particular: general strike, armed conflict in a given country, blockade of ports or other commonly used entry or exit points, earthquakes, floods, epidemics and other events connected with the forces of nature.
    8. 10.8. The Company may, at his own risk, without the prior consent of a Client, use subcontractors in order to perform duties arising from these Terms and Conditions. Cooperation with a subcontractor should be performed according to the procedures in force in the Company’s enterprise. The Company is liable for actions or omissions of a subcontractor to a Client as for his own actions, especially in the situation of non-performance or improper performance of the contract, including delays or failures of meeting deadlines specified in these Terms and Conditions.
    9. 10.9. The Company states that it performs all reasonable actions in order to present accurate and up-to-date information within the Platform. However, the Company restricts that, due to potential errors, bugs or other mistakes, including mistakes made by the Company’s personel, the number of Products, their description, prices or other elements of the Platform may be not valid and, therefore, shall not be considered as binding unless confirmed by the Company’s representative, according to the provisions of hereby Terms and Conditions, especially after confirming the possibility to fulfil the order, according to the provisions of point 5.4 of these Terms and Conditions.
    10. 10.10. Client may request the Company to create User’s account in order to enable its employees or representatives to use functionalities of the Platform, including purchasing products offered within the Platform and make orders via the Platform. By asking the Company to create User’s account a Client grants and appoints this User as its representative with a power to enter into binding agreements between a Client and the Company, according to these Terms and Conditions.
    11. 10.11. A Client is not entitled to withdraw from an order made within the Platform or any other binding agreement made between the Company and a Client, represented by a User, apart from situations specified in other provisions of these Terms and Conditions. Especially, a Client is not entitled to withdraw from the agreement that was concluded by a User, because, in Client’s opinion, a User was not entitled to enter such a transaction or acted in a way not compliant with a Client’s decisions or orders. If a Client asks to create User’s account within the Platform, the Company is fully entitled to consider such a User as a person that may make orders, purchase Products or perform any other actions that lead to entering a legally binding agreements via the Platform.
    12. 10.12. A Client is solely responsible for any actions or omissions made by a User, acting on behalf of a Client within the Platform. In case of any situations, deriving from a User’s activities that leads or may lead to suffering damages by the Company, including financial losses or any delays in production process or sales process (also performed for other clients), a Client is responsible for User’s actions or omissions.
  11. 11. Provision of services via the Platform
    1. 11.1. The contract for the provision of electronic services between a Client and the Company is concluded for an indefinite period of time, with creating a Client’s Account and accepting the provisions of these Terms and Conditions.
    2. 11.2. The Company provides services to a Client via electronic means of communications from the moment of concluding an agreement for the provision of electronic services.
    3. 11.3. A Client has the right to withdraw from the agreement for the provision of electronic services at any time, with one month’s prior notice, without the requirement to justify its decision, by submitting a statement of withdrawal to the Company in writing or in electronic form. In this case, the Company deletes a Client’s Account within the Platform. This also means that all data stored on the Company’s servers, associated with a Client’s account, will be deleted, unless the Company is entitled to store them for longer time, according to the provisions of these Terms and Conditions. The Company has the right to verify such a demand by other means of communication, e.g. via phone or by requesting a formal letter of termination of an agreement.
    4. 11.4. The Company reserves the right to terminate the provision of services via the Platform with two months' prior notice.
    5. 11.5. In the event of a breach of provisions of these Terms and Conditions by a Client, the Company may terminate an agreement concluded with a Client without prior notice.
    6. 11.6. The Company reserves the right to delete an inactive Client Account within the Platform if a Client stopped using the Platform, not earlier than one year after its Client’s Account has become inactive.
    7. 11.7. Termination of an agreement arising from these Terms and Conditions does not affect the performance of earlier concluded orders and rights connected with these orders, e.g. returns or warranties.
  12. 12. Intellectual Property
    1. 12.1. The Company declares that all rights, including intellectual property rights to the Platform and intellectual property rights connected with Products as well as rights to technical plans, layout and documentation concerning Products, are owned by the Company and the Company is entitled to conclude a binding agreement concerning using of the Platform by a Client, and to perform the provisions of these Terms and Conditions. The Company declares that the conclusion or implementation of the provisions of these Terms and Conditions, will not lead to a violation of any rights or goods of third parties (including entities associated with the Company), especially in the area of intellectual property, or any agreements concluded by the Company with third parties.
    2. 12.2. All property rights to the Platform and all rights related to it (including all adaptations and copies) remain the property of the Company.
    3. 12.3. The Company grants a Client, and a Client receives a non-exclusive, world-wide license authorizing a Client to use the Platform in the following types of use:
      1. 12.3.1. use it in order to browse and purchase Products offered by the Company,
      2. 12.3.2. enable Users to use the Platform for whom the Company created accounts within the Platform,
      3. 12.3.3. enter the data within the Platform, create printouts, store the data on Client’s devices memory.
    4. 12.4. A Client is obliged to take all reasonable steps to in order to protect the Platform from copying and using it by unauthorized persons. The source code of the Platform shall be considered as confidential.
    5. 12.5. A Client or a User:
      1. 12.5.1. is obliged not to use the Platform in other purposes that are expressly specified in these Terms and Conditions, especially not to use the Platform in order to act as a broker or agent and to sell Products to other parties, to help other parties in ordering Products via the Platform, including enabling other parties to log into Client’s Account or to offer Products via their own e-commerce platforms,
      2. 12.5.2. is obliged to use the Platform and all materials and rights related to the Platform in accordance with these Terms and Conditions,
      3. 12.5.3. is not entitled to copy source code of the Platform and to make any changes, corrections, modifications to the Platform and all materials (such as documentation regarding particular Products) and rights related to the software.
  13. 13. Data processing
    1. 13.1. Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR) the Company – “Plasticon Poland” S.A. with its registered office in Toruń, Poland informs that it is the data controller of the personal data of Users and Clients using the Platform, including in particular the data provided in the electronic form during the registration process of an individual Client’s Account within the Platform or data provided by a Client with regard to Users that are entitled to use the Platform on behalf of the Client.
    2. 13.2. The Company processes Clients’ and Users’ personal data referred to in point 13 of these Terms and Conditions for following purposes:
      1. 13.2.1. in order to conclude and to perform the contract for the provision of electronic services and to sell Products according to orders made by Clients, in accordance with the provisions of these Terms and Conditions, including in order to maintain communication with Clients in connection with the performance of the contract - the legal basis for data processing in this regard is the necessity of processing for performance of the contract to which the data subject is a party or to take action at the request of the data subject before the conclusion of the contract, in accordance with the provisions of Article 6.1.b) of the GDPR,
      2. 13.2.2. in order to enable the use of the Platform for Users whose accounts are created in connection with Client’s Account - the legal basis for processing Users' data is the need to process them in order to execute the legitimate interest of the data controller, which is the obligation to provide the service for a Client, in accordance with the provisions of these Terms and Conditions. The legal basis for processing personal data in this regard is the provision of Article 6.1.f) of the GDPR, which indicates the possibility of processing personal data when it is necessary to achieve the objectives of legitimate interests pursued by the data controller or by a third party,
      3. 13.2.3. in order to respond and fix errors, defects and problems regarding services reported by Clients or Users – what constitutes the legitimate interest of the data controller, and the legal basis for data processing in this respect is the provision of article. 6.1.f) of the GDPR, which indicates the possibility of processing personal data when it is necessary to achieve the objectives of legitimate interests pursued by the data controller or by a third party,
      4. 13.2.4. in order to comply with obligations imposed on the Company by a legal provisions, including in particular tax law - the legal basis for data processing in this regard is the need for processing the data to fulfil the legal obligation to which data controller is subject, in accordance with the provisions of article 6.1.c) of the GDPR,
      5. 13.2.5. in order to monitor the way in which Clients and Users use the Platform for statistical purposes, purposes related to the prevention of errors and bugs within the Platform, to ensure an appropriate level of security, create updates and possible fixes as well as in order to prevent actions of Users or Customers which are not in accordance with these Terms and Conditions or generally applicable law – what constitutes the legitimate interest of the data controller, and the legal basis for data processing in this regard is the provision of article 6.1.f) of the GDPR, which indicates the possibility of processing personal data when it is necessary to achieve the objectives of legitimate interests pursued by the data controller or by a third party.
    3. 13.3. The personal data provided by a Client or a User may be transferred to a third party, an entity providing hosting services to the Company: Home.pl S.A.
    4. 13.4. If a personal data relates to a User who has received information about setting up for him or her a User's account within the Platform, the Company hereby informs a User that the data was given by a Client, i.e. the business entity using the Platform - it may especially be connected with activities of User’s employer, principal, contractor, business partner or User's collaborator. Such personal data includes, in most circumstances, name, surname, e-mail address, place of work and job position.
    5. 13.5. Personal data may be processed by the Company for the duration of the contract for the provision of electronic services concluded between the Company and a Client and after its termination - for the period until the expiry of the limitation periods for any potential claims, including tax claims.
    6. 13.6. Both a Client and a User have the right to:
      1. 13.6.1. request from the Company access to personal data that are concerning them,
      2. 13.6.2. request rectification of their personal data,
      3. 13.6.3. request erasing their personal data,
      4. 13.6.4. request to restrict the processing of their personal data,
      5. 13.6.5. request the transfer their personal data to other service providers,
      6. 13.6.6. file a complaint about the unlawful processing of their personal data to the competent data protection authority.
    7. 13.7. If personal data are processed basing on the legitimate interest of the data administrator, a User or a Client has the right to object to the processing of their personal data.
    8. 13.8. Providing personal data may be required to conclude a contract for the provision of electronic services or to create a User's account.
  14. 14. Final Provisions
    1. 14.1. The law applicable to the agreement for the provision of electronic services concluded between a Client and the Company and performed according to the conditions set out in these Terms and Conditions is law of Republic of Poland. Any disputes related to the services provided by the Company, orders made via the Platform and sold goods, according to the provisions of these Regulations will be settled by the competent common courts competent for the Company’s seat.
    2. 14.2. A Client has the right to lodge a complaint regarding the services provided by the Company using the Platform. Complaints can be sent by email to claims@plastic-on.com. The complaint should include:
      1. 14.2.1. Client’s first and last name / name of Client’s company,
      2. 14.2.2. Client’s tax identification numer,
      3. 14.2.3. description of a problem,
      4. 14.2.4. eventual demands of a Client.
    3. 14.3. The Company may ask a Client for additional information before dealing with a complaint. A response to a complaint will be given within 14 days of receipt of such a complaint. A response to the complaint will be sent to the email address provided by a Client.
    4. 14.4. The Company is entitled to amend the provisions of these Terms And Conditions. The amendment to these regulations becomes effective on the date indicated by the Company, however the date of entry into force of the amendment may not be less than 14 days from the moment of informing Clients by means of electronic communication, in particular via electronic mail or by using the Platform.
    5. 14.5. Provisions of Vienna Convention on International Sales of Goods are explicitly excluded.
    6. 14.6. These regulations shall apply from 14th of February 20202021.