FCOM spółka z ograniczoną odpowiedzialnością (hereinafter referred to as the “Operator”) operates the website and the “FCOM Partner Dashboard” platform (hereinafter referred to as the “Portal”) and offers registered users (natural persons, users of the same company must register individually to secure the allocation of an individual individual account) various functions (if activated) such as ordering (and re-ordering) and requesting to purchase products online, checking order history, viewing new products, access to relevant documents related to the product and order. When using the Portal, you will always comply with the rules set out in these Terms of Service and applicable laws.
1. SCOPE OF APPLICATION
1.2 For all potential current and future online transactions through the Portal, the general terms and conditions of use provided on the Portal (hereinafter referred to as “Terms and Conditions of Use”) and the general sales and delivery regulations (hereinafter referred to as “Sales and Delivery Regulations”) apply to the Portal. . Terms and conditions of users or their customers that conflict with these Terms and Conditions of Use or the Terms of Sale and Delivery shall not apply unless, if applicable, the Operator expressly confirms their validity in writing (for the purposes of these “written form” includes e-mail and fax).
2.1 Any user interested in using the services of the Portal may send a request for registration to the Operator, unless he has been actively invited as an existing customer. The User provides all the data required by the Operator and ensures that they are up to date during the processing of the application and/or registration. After providing all the required data, the operator decides to register the user at its discretion. The Operator will inform the User about the registration status in writing
2.2 The operator reserves the right to refuse or cancel registration without giving any reason. The operator is not responsible for delays or refusal of registration.
3. PASSWORD AND USER OBLIGATIONS
3.1 Upon confirmation of the registration request, each user will be provided with a unique username in the form of a registered email address and a unique password. Access to the portal’s services is only possible after entering these two types of access data.
3.2 In the event of loss of these identifying data or a reasonable suspicion that a third party has gained access to the login data, the User should immediately change the password and notify the Operator of this fact in writing.
3.3 The User is obliged to immediately notify the Operator of the termination of the employment relationship by an employee or a third party (e.g. a consultant) who knows the provided credentials indicated in point 3.1, no later than on the date of termination of the employment relationship or other form of cooperation, to avoid unwanted misuse. Any detected or potential cases of improper use of the Portal should be immediately reported to the Operator. In such a case, the Operator will immediately register new credentials or at least set a new user password and inform the User about it in writing.
3.4. Until notification of such termination of cooperation or incorrect use is received, the user is responsible for any published declarations and content or for any other aggressive behavior related to the Portal by the employee or third party affected by the termination of cooperation
3.5 You will not post any content or content that:
a) in any way infringe or threaten the rights of the Operator or any third parties (especially rights to the name, personal rights, trademark rights, copyrights, etc.,
b) are illegal
c) contain viruses, pirate tools or unsolicited mass e-mail messages (spam). You must comply with all applicable intellectual property and other proprietary rights of third parties and must not enter into any illegal agreements or engage in any activities or concerted practices that may lead to a violation of antitrust laws.
3.6 Operator is entitled to remove inappropriate content posted and to exclude the user from further use of the Portal, especially in the case of publishing immoral, illegal or harmful content.
4. SUBMITTING AN ORDER / PLACING ORDERS FOR PRODUCTS
4.1 Based on the list of products and prices posted on the Portal, which are non-binding commercial information only, the user may send an order request to order (or re-order) products from the Operator via the Portal (hereinafter collectively referred to as the “Order”). To complete the Order placement process, the user must select the product, quantity and delivery location. By clicking the “Place Order” button in the Orders or Basket (checkout) area, you are legally bound to make an offer to purchase.
4.2 Upon receipt of the Order, the Operator will examine its feasibility, provide a notification of receipt to the user and, as the case may be, provide (i) an order confirmation (acceptance of the purchase offer) or (ii) a counter-offer taking into account potential changes in quantity, price and/or delivery date. All orders (or re-orders) placed by the user via the Portal require acceptance/confirmation in writing (an e-mail message is sufficient) from the Operator or implied acceptance/confirmation by completing the order. All counter-offers, however, require acceptance/confirmation in writing (e-mail is sufficient) from the user or tacit acceptance/confirmation by payment in order to enter into a binding delivery contract.
5. DELETION OF REGISTRATION
Each user may request removal of his/her registration at any time by sending a relevant request to the Operator in writing. Upon deletion of registration (with appropriate notification of positive deletion), the user will immediately lose the right to use the services offered by the Portal.
The operator is entitled to delete the registration in the event of user inactivity (i.e. no logging in and/or no orders) for a period of at least 60 calendar days. The User will be notified by the Operator in writing about the removal of the registration.
The User is responsible for all activities performed using his user account and/or data provided for purposes beyond the purpose of the Portal. You will take all reasonable steps to
a) preventing unauthorized access to his user account and/or shared data
b) ensuring compliance with all contractual obligations for the Operator and with applicable statutory provisions of the activities of its own, its legal representatives, proxies or any other third parties
c) ensuring the harmlessness of the data provided to the Portal in terms of digital threats, e.g. malware, virus attacks, etc.
The user’s liability is excluded if such misuse or infection of the Portal is caused by circumstances beyond the user’s reasonable control.
7. LIABILITY DISCLAIMER
The User indemnifies and indemnifies the Operator from any claims made by other users or other third parties against the Operator in connection with the violation of their rights, if such violation was caused by any culpable acts or omissions described in section 6. The User will also cover reasonable costs incurred by Operator in connection with the required forms of legal defense, including any court fees and legal assistance. The User is obliged to provide the Operator without delay, truthfully and exhaustively with all information required to assess the claim and defend in the event of a claim brought by third parties.
8.1 The Operator does not guarantee and does not bear any responsibility in this regard
a) the completeness and accuracy of any information posted on the Portal
b) lack of technical defects of the Portal, in particular
i) lack of continuous and uninterrupted availability of the Portal and its content
ii) failure to complete and accurately display/recreate user-posted content.
The Portal’s services are offered by the Operator free of charge and without any legal obligations in terms of business continuity. The operator reserves the right to at any time
a) completely or partially, temporarily or permanently discontinue the operation of the Portal at any time without prior notice
b) make the use of the Portal dependent on fees paid by users.
8.2 The Operator does not adopt the content published on the Portal by a third party as its own.
8.3 The Operator shall not be liable for any damages incurred by the user and caused by relying on the accuracy, completeness and harmlessness of the content published on the Portal by any third party.
9. DATA USE AND DATA PROTECTION
10. PROCEDURE FOR SUBMITTING A COMPLAINT
10.1 Any complaints, including complaints regarding the functioning of the Portal or other services provided electronically, may be submitted:
a. in writing to the address: FCOM sp. z o.o., ul. Węglowa 14 43-502, Czechowice-Dziedzice (with the recommended annotation “Complaint”, however, this annotation is not obligatory)
b. via e-mail to the following address: firstname.lastname@example.org (with the recommended subject: “Complaint”, the above subject of the message is not mandatory)
10.2 The complaint should contain the details of the person or entity submitting the complaint (name and surname, exact address or e-mail address), as well as a brief description of the reason for the complaint and the content of the request.
10.3 The response to the complaint will be provided in a manner corresponding to the method of sending the complaint, i.e. by registered letter to the physical address or by e-mail to the e-mail address provided in the complaint or from which the complaint was sent, within 30 days from the date of receipt of the complaint, unless absolutely applicable law provides for a shorter deadline for responding to complaints.
10.4 The use of the complaint procedure by the User is voluntary.
11. GOVERNING LAW AND JURISDICTION
11.2 The place of legal settlement of any disputes will be the court competent for the seat of the Operator.