RULES
WHOLESALE PANEL "IHS TECHNOLOGY"
These Regulations define the principles of operation of the Wholesale Panel in the "IHS Technology" online store operated at https://hurt.ihstechnology.com by the company under the name of Power Sports Sp. z o.o. with its registered office in Warsaw (00-819) at ul. Złota 61/100, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000365491, REGON: 142626732, NIP: 5272638920 (hereinafter: "Company"). The Regulations also define the conditions for further distribution of the Company's products under the "IHS Technology" brand (hereinafter: "Products"), compliance with which is necessary due to care for the image and reputation of the Products and the "IHS Technology" brand.
Information about the Products posted on the Wholesale Panel website, in particular their descriptions and prices, are for informational purposes only and do not constitute an offer within the meaning of the provisions of the Civil Code. The Regulations are part of the sales agreement concluded between the Company and the buyer via the Wholesale Panel.
Access to the Wholesale Panel requires acceptance of these regulations and compliance with the following terms and conditions for the distribution of Products:
The Buyer may purchase Products via the Wholesale Panel for the purpose of further sale to consumers, entrepreneurs purchasing Products in connection with their business activities other than distribution activities, and sports associations, clubs and societies, including those without legal personality, which purchase Products for purposes other than their further distribution.
The sale of Products by the Buyer is permitted via stationary retail stores, websites or other methods of distance selling, including auction platforms, which meet the criteria specified in these Regulations.
Buyers who meet the conditions for the distribution of Products specified in these Regulations are entitled to mutual deliveries of Products. The Buyer undertakes not to sell the Products to distributors, both wholesale and retail, operating in the territory of the Republic of Poland or abroad, who do not meet the conditions for the distribution of the Products specified in the Wholesale Panel Regulations. In connection with this, the Buyer should obtain confirmation from the Company that the distributor to whom the Products are to be sold by the Buyer meets the described distribution conditions.
A stationary store where Products are sold should:
The Buyer is obliged to ensure that the descriptions of the Products and the manner of their presentation meet the requirements specified in the currently applicable provisions of law, including the provisions of EU law on the provision of food information to consumers. The Buyer is solely responsible for violating the provisions applicable in this area.
The Buyer is obligated to use only current photos and descriptions of the Products, including those concerning their composition and properties, originating from the Company, to mark the Products. The Buyer should immediately update the photos and descriptions after they are made available by the Company.
The Buyer is obliged to provide professional advice to purchasers of the Products in the selection of the appropriate Product from the current range offered by the Company, in particular to ensure that the persons serving purchasers (customers) on behalf of the Buyer have detailed knowledge of the composition, properties and application of the Products, as well as have appropriate knowledge and experience in the use of dietary supplements and foodstuffs for special nutritional purposes. For this purpose, the Buyer is obliged to ensure the participation of the above-mentioned persons responsible for customer service in at least one training organized by the Company during the year.
The Buyer is obliged to allow the Company's representative to check the stationary store or other places where the Products are stored to ensure that the Buyer has fulfilled the obligations specified in the Regulations.
The Distributor is not allowed to offer Products for sale in combination with competitive products, in particular by adding competitive products or their samples or gadgets and advertising materials from competitive manufacturers to the Products. This also applies to the display of Products in a brick-and-mortar store, where the Products should be on a separate shelf intended exclusively for them.
The Buyer is not allowed to offer Products for sale in a stationary or online store offering products or substances the trade in or possession of which is prohibited in the European Union.
In the case of sales conducted via an online store or sales platform (including auctions), the Buyer is obliged to provide in the sales offer the quantity of Products consistent with their current stock. It is unacceptable to mislead the consumer as to the quantity of Products actually held in stock, in particular to use the practice of offering for sale Products for which the Buyer's stock is zero.
The Buyer is prohibited from indicating an intentionally inflated price for the Product that is inconsistent with the price at which the Buyer actually sells the Product.
Products offered for sale in the Buyer's online store should be placed in a separate tab intended exclusively for the Company's products.
The Buyer may use photos, descriptions, recordings, songs and other advertising materials from the Company for the purposes of selling the Product only with the written consent of the Company.
All information contained in the Wholesale Panel visible after logging in is confidential information. Detection of the fact of sharing this information with unauthorized third parties will result in the Company blocking the Buyer's access to the Wholesale Panel.
For orders over PLN 750, the domestic shipping price is PLN 0.05 per package.
Complaints regarding the order must be submitted immediately after checking the contents of the shipment, within 3 days of receiving the package.
The Buyer bears full responsibility for any actions performed using his/her login and password.
The Company will refuse to accept an order from a Buyer who violates the provisions of these Regulations, in particular those regarding the terms of distribution of Products. The Company may block such Buyer's access to the Wholesale Panel.
The Company has the right to refuse to accept an order from a Buyer who is late with payment for the purchased goods by at least 30 (thirty) days from the due date or to demand from the Buyer an advance payment towards the execution of the order. If the Buyer is late with payment again, the Company may withdraw the discounts granted to the Buyer.
If the order cannot be correctly fulfilled due to the Buyer's fault (e.g. incorrect address, refusal to accept the order), the Company reserves the right to charge the Buyer for the costs of re-transportation in accordance with the current delivery price list. Before accepting the shipment from the courier company, the Buyer is obliged to check whether the packaging has not been damaged during transport. In particular, attention should be paid to the condition of the packaging and the tapes affixed to the shipment. If the shipment shows signs of damage, the shipment should be refused and then the Company should be contacted by e-mail or phone to inform about the damaged shipment.
The Stocks used in the Wholesale Panel are approximate and close to actual. The Company reserves the right to change the quantity of Products in the order, after prior contact with the Buyer and acceptance on his part.
The Wholesale Panel Regulations are effective from 12/03/2020.
Any disputes related to the application of the Wholesale Panel Regulations and the performance of sales agreements concluded via the Wholesale Panel shall be resolved by a court having jurisdiction over the registered office of the Company.
In matters not regulated by the Wholesale Panel Regulations, the provisions of the Civil Code shall apply accordingly.
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