Terms and Conditions of the Ramiz online shop

determining i.a. the terms of concluding sales contracts through the Shop and containing the key information about the Seller and the Shop

TABLE OF CONTENTS

• 1 Definitions
• 2 Seller's contact details
• 3 Technical requirements
• 4 Placing Orders
• 5 Payments
• 6 Performing Orders
• 7 Complaints
• 8 Personal data
• 9 Reservations

§ 1 DEFINITIONS

1. Business days – Monday through Friday with the exception of public holidays.
2. Form – an order form available at the Shop, submitted by the Buyer to the Seller via the Shop, in which the Seller indicates what products he/she wishes to purchase and in what quantity. The objective of the Form is placing Orders.
3. Consumer – consumer in the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
4. Account – a free-of-charge function of the Shop (online service), regulated by separate Terms and Conditions, which allows the Buyer to place Orders.
5. Buyer – each entity who is not a Consumer that concludes or is to conclude a sales contract at the Shop, for whom – due to the nature of the shop, a sales contract is directly linked with their business activity and is of a professional nature.
6. Terms and Conditions – these Terms and Conditions which apply to orders placed using the Form available at the Shop.
7. Shop – online wholesale of Ramiz toys conducted by the Seller at www.hurt.ramiz.pl.
8. Seller – Ramiz spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered seat at ul. Ciepłownicza 54, 31-574 Kraków, Poland, entered into the National Court Register –  register of entrepreneurs by Sąd Rejonowy dla Krakowa Śródmieścia w Krakowie, XI Wydział Gospodarczy Krajowego Rejestru Sądowego, under KRS no. 0000701304, NIP: 6793158206, REGON no. 368609776.
9. Order – an offer of concluding a sales contract for goods presented in the Shop, included in the Form, within the meaning of the Polish Civil Code, placed by the Buyer to the Seller via the Shop, containing at least: the designation of the goods and the price.

§ 2 SELLER’S CONTACT DETAILS

1. Forwarding address: ul. Ciepłownicza 54, 31-574 Kraków, Poland
2. Email address: hurt@ramiz.pl
3. Telephone: 780 044 325

§ 3 TECHNICAL REQUIREMENTS

1. The following is needed for the Shop to function properly:
   1. a device with Internet access,
   2. a web browser supporting JavaScript and cookie files.
2. To place an Order using your Account, apart from the requirements referred to in subs. 1, it is necessary to have an active email account.

§ 4 PLACING ORDERS

1. Due to the nature of the Shop, it is intended exclusively for the Buyers who use it in a professional capacity, directly in relation to the Buyers' business activity.
2. By making purchases via the Shop, the Buyer represents that to him/her, the concluded sales contract is of professional nature.
3. It is necessary to have an Account at the Shop to place Orders. Detailed information on the Account is specified in the Account terms and conditions.
4. Buyers can access product prices after logging into their Accounts.
5. The prices of the goods at the Shop are indicated in PLN, or, after an individual change is made in the Shop settings – also in EUR.
6. The Buyer is informed of the total price including taxes under the sales contract, as well as of other costs, in particular of the delivery costs while placing the Order on the Shop website, as well as in the information tab on the delivery costs. If it is not possible to determine the aforementioned fees at the stage of order placement, the Buyer is informed of the obligation to pay such fees.
7. The Buyer may contact the Seller prior to placing an Order to receive information on individually determined costs. By placing the Order, the Buyer accepts the obligation to cover other costs, in particular the delivery costs referred to in the previous subsection.
8. If the Buyer wishes to conclude a sales contract, he/she should submit the Order to the Seller using the Form. By placing an Order, the Buyer provides his/her data (name/company name), NIP (tax identification number), address (street, building/apartment number, postal code, locality, country), phone number and other data regarding the sales contract: the goods he/she wishes to purchase, their quantity and delivery address (if it is not the same as the Buyer's address), as well as the payment method.
9. The Seller shall verify the possibility of accepting the Order within 2 Business days.
10. In the case of a positive verification, the Seller shall inform the Buyer that the Order was transferred to the fulfilment stage; this is when the sales contract is concluded, and the information about the concluded contract also appears in the Account.
11. If the Seller's acceptance of an Order is made subject to a change or an addition, it is considered to be a new offer and a sales contract is concluded only after it has been accepted by the Buyer. 

§ 5 PAYMENTS

1. Depending on the Buyer's choice and availability of a given option in the Account, the placed Order may be paid for using:
   1. a regular transfer to the Seller's bank account (including deferred payment);
   2. cash on delivery payment, i.e. by cash at the time of delivery of the goods to the Buyer;
   3. cash upon personal collection of the goods.
2. In the case the Buyer chooses to pay for the order in advance, the payment should be made within 3 Business days from the date of concluding the sales contract.
3. The Seller hereby informs that due to the significant Account personalisation, some payment methods may be added or limited, in particular, a full or partial prepayment may be required, and in the case of a continuous cooperation between the Buyer and the Seller, the Seller may make a different payment date option available in the Account.
4. The Seller informs that in the case of a payment paid after the Order was placed, however before it is transferred to the fulfilment stage and before the contract is concluded, the amount paid constitutes a prepayment for a future accepted Order.
5. In the event that the Order is not accepted by the Seller, or the Buyer does not accept a change or a supplement to the Order that was suggested by the Seller, the Seller shall immediately return the prepayment paid by the Buyer referred to in the previous subsection.
6. By making a purchase at the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his/her consent.

§ 6 PERFORMING ORDERS

1. The Orders transferred to the fulfilment stage, subject to subs. 2, shall be performed within 5 Business days starting from the date of the conclusion of the contract, individually or in tranches, depending on the product availability. Additionally, an approximate shipping time is provided on the specific products pages at the Shop.
2. If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the Order after having received the payment.
3. The goods are delivered within the territory of the Republic of Poland and abroad.
4. The goods purchased at the Shop are delivered:
   1. via a delivery company,
   2. via the Seller’s own transport,
   3. via the Buyer’s own transport. Moreover, personal collection is possible at: ul. Ciepłownicza 54, 31-574 Kraków, Poland – on Business days between 9 am and 5 pm.
5. The Buyer is obliged to collect the goods ready for collection in person within 5 Business days from the day of receiving information on the order completion.
6. In the event that the goods are not collected pursuant to the previous subsection, the Seller has the right of withdrawal from a contract without having to specify an additional deadline.
7. Upon the transfer of the object of the purchase is by the Seller to the carrier, the benefits and burdens associated with the goods, as well as the danger of accidental loss or damage of the goods pass to the Buyer. In such an event, the Seller is not liable for loss, defect or damage of the goods that occurred after it has been accepted by the carrier and before it has been handed over to the Buyer, as well as for delivery delays.

§ 7 COMPLAINTS

1. In the event of any irregularities in the Shop’s operations, the Buyer can file a complaint to the email address indicated in § 2 of the Terms and Conditions.
2. The Seller will review the complaint within 14 days.

§ 8 PERSONAL DATA

1. The Seller is the Controller of the personal data provided by the Buyer while using the Shop. Detailed information regarding the processing of personal data by the Seller – including the other purposes and the bases for data processing, as well as data recipients – are available in the Privacy Policy of the Shop – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Shop, is the completion of Orders. The basis for the processing of personal data in this case is as follows:
   1. contract or steps taken at the Buyer’s request prior to entering into a contract (Article 6 (1) (b) of the GDPR),
   2. the Seller's legal obligation related to accountancy (Article 6(1)(c) of the GDPR) and
   3. the Seller’s legitimate interest in processing of personal data to establish, exercise or defend possible claims (Article 6 (1)(f) of the GDPR),
3. Providing data by the Buyer is voluntary, but at the same time it is necessary to conclude a contract. Failure to provide data prevents the conclusion of a contract at the Shop.
4. The Buyer's data provided in relation to purchases at the Shop will be processed until:
   1. the contract concluded between the Buyer and the Seller expires;
   2. the Seller ceases to be legally obliged to process the Buyer's data;
   3. the possibility of pursuing claims related to the sales contract concluded via the Shop by the Buyer or the Seller ceases;
   4. the Buyer's objection against the processing of his/her personal data is accepted – provided the Seller's legitimate interest was the basis for data processing – depending on whichever is applicable in that case, and whichever takes place the latest.
5. The Buyer has the right to:
   1. request access to his/her personal data,
   2. rectify his/her data,
   3. erase them,
   4. restrict their processing,
   5. transfer his/her data to another data controller, as well as the right to:
   6. object at any time to the processing of data for reasons related to the Buyer's specific situation – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the basis of a legitimate interest pursued by the controller).
6. In order to exercise his/her rights, the Buyer should contact the Seller using the data from § 2 of the Terms and Conditions.
7. If the Buyer finds that his/her data are being processed unlawfully, the Buyer may submit a complaint to the President of the Personal Data Protection Office.

§ 9 RESERVATIONS

1. The Buyer is prohibited to provide content of illegal nature.
2. Each placed Order constitutes a separate sales contract and is performed pursuant to the Terms and Conditions, unless the parties agree otherwise. The contract is concluded for the time and for the purpose of performing the Order.
3. Contracts concluded pursuant to the Terms and Conditions are drawn up in Polish or in English.
4. In the event of any dispute arising between the Buyer and the Seller, the dispute will be submitted to the court competent for the Seller’s registered office.
5. The Seller’s liability in relation to the Buyer is excluded within legal limits.
6. Any contract concluded on the basis of these Terms and Conditions is governed by the provisions of the Polish law.