TERMS AND CONDITIONS
of the wholesale company KUSHFORALL
These terms and conditions contain the rules of cooperation between the Wholesaler and its partners on a B2B basis via the platform at www.cannmedica.eu.
§ 1 General provisions
(1) The wholesale company is managed by KUSHFORALL Bartosz Gościewski, Taciewo 39, 16-402 Taciewo, Poland, NIP: 8442366682, registered in the Central Register of Business Activity and Information.
(2) The wholesale company conducts B2B sales at the address Taciewo 39, 16-402 Taciewo, Poland. The website makes it possible to place orders for goods listed on the platform via www.cannmedica.eu. The wholesaler also carries out dropshipping sales.
(3) In the case of dropshipping sales, the Wholesaler undertakes to provide services to the Ordering Party in respect of:
a. receiving orders from the Ordering Party;
b. preparing the Goods for dispatch including their packaging to the Ordering Party's Customer;
c. delivery of the Goods to the Ordering Party's Customer;
d. enclosing with the Goods to be dispatched a bill or invoice issued by the Ordering Party if so requested.
e. enclosing with the Goods a warranty card for the Goods, if issued by the manufacturer.
4th The entity authorized to place orders in the dropshipping model may only be an entity/person conducting business.
5th In order to cooperate with the Wholesaler's ICT system, it is required for the Ordering Party to have a device connected to the Internet with any web browser supporting the UFT-8 code page installed (and possibly style sheets, so that the www.cannmedica.eu platform will look clear), as well as a keyboard or other device enabling the correct completion of electronic forms.
§ 2 Definitions
Electronic address - designation of an ICT system enabling communication by means of electronic communication, in particular electronic mail;
Dropshipping - a service consisting in direct delivery of Goods from the www.cannmedica.eu platform purchased by the Ordering Party from the Wholesaler to the Ordering Party's Customer;
Wholesale - the wholesale activity conducted by KUSHFORALL Bartosz Gościewski, Taciewo 39, 16-402 Taciewo, Poland, NIP: 8442366682;
Customer of the Ordering Party - a person or entity with whom the Ordering Party has entered into a contract of sale of Goods purchased from the Wholesaler; applies only to the dropshipping model;
Account - an individually assigned set of resources in the Wholesaler's ICT system to which the Orderer, by providing a name and password, has individual access;
Terms and Conditions - these Terms and Conditions, constituting a contractual template within the meaning of the Civil Code, defining the provisions of the framework cooperation agreement between the Wholesaler and the Orderer with regard to the provision of Dropshipping;
ICT system - a set of co-operating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a telecommunication terminal device appropriate for a given type of network, within the meaning of the Act of 16 July 2004. Telecommunications Law (Journal of Laws 2016, item 1489, as amended).
Goods - the items on offer from the Wholesaler;
Ordering Party - an entity/individual running a business cooperating with the Wholesaler on a B2B basis;
§ 3 Orders
(1) In order to make purchases at the Wholesale Store, the Ordering Party is required to have an active electronic mail account (electronic box).
(2) In order to purchase goods, the Ordering Party is required to create an Account on the Wholesale website.
(3) Orders shall be placed via the platform at www.cannmedica.eu.
(4) When placing orders, the Ordering Party shall be obliged to fill in a form in which, inter alia, the following data shall be provided:
a. description of the Goods ordered,
b. data of the Ordering Party's Customer (dropshipping);
c. delivery address of the ordered Goods;
d. method of payment by the Ordering Customer (dropshipping); 5.
(5) In the case of dropshipping, the Ordering Party shall attach a scan of the sales document (bill, invoice) to the order, unless the Wholesaler is authorised to issue invoices on behalf of the Ordering Party or the Ordering Party directly sends a bill to the Ordering Party's Customer.
(6) If the Wholesaler confirms the Ordering Customer's order for fulfilment in the order process, a distance sales contract between the Ordering Customer and the Wholesaler or, in the case of dropshipping, between the Ordering Customer and the Ordering Customer, is concluded.
(7) The ordered Goods shall be delivered in the manner specified by the Buyer to the Buyer's address or the Buyer's Customer (dropshipping) when placing the order. The Ordering Party shall be responsible for providing the correct order details and its contact details or that of the Ordering Party's Customer.
(8) The Wholesaler shall commence processing the order as soon as the contract has been concluded and the funds have been credited to the Wholesaler's account. The Wholesaler undertakes to fulfil the order no later than 7 days after the order fulfilment confirmation is sent. If it is not possible to fulfil the order in its entirety within the aforementioned period, the Customer shall have the right to withdraw from the contract or to fulfil the remaining part of the order.
(9) Each order for each Customer of the Purchaser shall be submitted separately.
(10) An order may not be cancelled or modified by the Ordering Party once the order has been approved by the Wholesaler.
(11) In special cases the Wholesaler reserves the right not to accept an order for fulfilment.
§ 4 Payment and settlement
(1) All prices listed on www.cannmedica.eu are in Polish Zloty (PLN) and are gross prices. The prices do not include the cost of transport and packaging, which depends on how the order is fulfilled.
2. the shop accepts payments in the following forms:
a. by transfer through the payment service - PayNow;
b. by a simple transfer to a bank account; the order number must be provided in the payment title;
c. cash on delivery.
(3) The Wholesaler shall commence processing of the order at the time the price of the Goods and the costs of packaging and shipping are credited. Until payment is received, the Wholesaler may withhold dispatch of the Goods to the Orderer or the Orderer's Customer (dropshipping).
(4) If the Ordering Party chooses to pay "cash on delivery" in Dropshipping, the Ordering Party is obliged to send the shipping label with the cash on delivery service to email@example.com in order to process the order.
(5) The Ordering Party shall be obliged to pay in full the costs of transport of the Goods, including the costs of preparing the Goods for shipment in accordance with the costs stated when placing the Order.
(6) The Ordering Party declares that it is an active VAT taxpayer and is authorised to receive VAT invoices, but authorises the Wholesaler to issue VAT invoices without its signature.
§ 5 Liability, Defects in the Goods
The Goods offered by the Wholesaler are new, tightly packed, free from physical and legal defects. All Goods have been legally placed on the market and meet all legal requirements. 2.
(2) In the event of a defect in the Goods, the time limit for reporting a manufacturing defect shall be 7 days from the date of receipt of the Goods. After this time, Goods with manufacturing defects will not be accepted.
(3) The Wholesaler shall be liable to the Customer under the warranty if the Goods are defective, i.e. there is a physical defect or a legal defect. The Wholesaler shall not be liable to the Customer of the Ordering Party.
(4) A physical defect consists in the non-compliance of the Goods with the contract. In particular, the Goods are not in conformity with the contract if:
a. it does not have the characteristics that it should have in view of the purpose specified in the contract or resulting from the circumstances or intended use;
b. it does not have the properties of which the Wholesaler assured the Purchaser of the existence, including by presenting a sample or specimen;
c. it is not fit for the purpose of which the Purchaser informed the Wholesaler at the conclusion of the contract and the Wholesaler has not objected to such purpose;
d. it has been delivered to the Purchaser in an incomplete condition;
(5) In the event of a defect in the Goods, the Purchaser shall be entitled to:
a. demand a reduction of the price, unless the Wholesaler immediately and without excessive inconvenience for the Purchaser replaces the defective Goods with defect-free Goods or removes the defect. The reduced price shall be in such proportion to the price under the contract as the value of the Goods with the defect remains to the value of the Goods without the defect.
b. to withdraw from the contract in the event that the defect is of a material nature, unless the Wholesaler promptly replaces the defective Goods with defect-free Goods or removes the defect without undue inconvenience for the Customer;
c. replace the Goods free from defects, unless replacing the Goods is impossible or would require excessive costs as compared with the method proposed by the Store;
d. remove the defect, unless bringing the Goods into conformity with the contract is impossible or would require unreasonable costs in comparison with the method proposed by the Store.
(6) Risk of loss or damage to the Goods and ownership of the Goods shall pass to the Ordering Party upon delivery of the Goods to the carrier for delivery to the Ordering Party's Customer. In the case of traditional wholesale, at the time of delivery of the Goods to the Ordering Party.
7 In the event of non-collection or refusal by the Ordering Party or the Ordering Party's Customer, the shipment will be sent to the Ordering Party's premises at the Ordering Party's expense.
8th The Ordering Party will be charged for the costs of delivering the parcel to the Ordering Party on the basis of an invoice issued by the Ordering Party.
(9) Warranty claims should be addressed directly to the manufacturer identified on the packaging of the individual Goods.
(10) In the case of Dropshipping, the Wholesaler, apart from the contract for delivery to the Customer of the Ordering Party, is not a party to any contract between the Ordering Party and the Customer of the Ordering Party.
§ 6 Complaint
(1) A complaint can be made using the form on the platform www.cannmedica.eu. The Ordering Party may also submit a complaint to the Wholesaler's e-mail address. In the content of the complaint, the Ordering Party should describe the defect and specify his demand provided for under the warranty.
(2) The Wholesaler shall consider the validity of the complaint within 30 days of its submission.
(3) Once the complaint has been acknowledged, the Purchaser shall, at the Wholesaler's expense, deliver the defective item to the place indicated by the Wholesaler. In the event that, due to the nature of the Goods or the way in which they are installed, delivery of the Goods will be unduly difficult, the Purchaser shall be obliged to make the Goods available at the place where they are located.
(4) The costs of replacing or repairing the Goods shall be borne by the Wholesaler or the manufacturer.
§ 7 Other conditions
(1) The Orderer shall be entitled, within the scope of his online shop, to use the materials made available by the Wholesaler in the form of an XML file or images made available by the Wholesaler by email.
(2) The prices appearing on the Wholesaler's platform as well as the descriptions of the Goods shall constitute only commercial information and not an offer within the meaning of the Civil Code. Once the Wholesaler has confirmed acceptance of an order for execution, the prices shall become binding.
§ 8 Cookies
(2) Cookies are intended to provide the Wholesaler with statistical data on the activity of the Ordering Party based on the most recently viewed products, information on sessions, in order to select an offer tailored to the needs and interests of the Ordering Party.
(3) In the event that hyperlinks appear during the use of the Wholesale site by the Customer, the Wholesale shall not be responsible for their content and non-compliance with the applicable law.
(4) The use of the Wholesaler's platform by the Orderer and the downloading of files is at the Orderer's risk.
§ 9 Personal data
(1) The Ordering Party is the controller of the personal data of the Ordering Party's Customers within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation OJ.EU.L.2016.No.119.1 of 2016.05.04), in view of which the Ordering Party hereby entrusts the Wholesaler with the processing of the personal data of the Ordering Party's Customers with regard to the implementation of Dropshipping for the Ordering Party.
(2) The Ordering Party shall ensure that, in the case of the Ordering Party's Customer's personal data, the Ordering Party has obtained the Ordering Party's prior consent for such data to be transferred to the Wholesaler and to the carrier and processed for the purpose of Dropshipping.
(3) The Wholesaler undertakes to process the personal data entrusted to it in accordance with this Agreement, the Ordinance and other generally applicable laws that protect the rights of data subjects.
(4) The Wholesaler declares that it applies security measures that meet the requirements of the Regulation.
(5) The Wholesaler shall process the personal data entrusted under the Agreement: Ordering Customer's contact details, Ordering Customer's contact details.
(6) The Wholesaler shall undertake, when processing the entrusted personal data, to secure them through the application of appropriate technical and organisational measures ensuring an adequate degree of security corresponding to the risks involved in the processing of personal data, as referred to in Article 32 of the Regulation.
(7) The Wholesaler undertakes to exercise due diligence in the processing of the personal data entrusted to it.
(8) The Wholesaler undertakes to grant authorisations to process personal data to all persons who will process the entrusted data for the purpose of implementing this Agreement.
(9) As far as possible, the Wholesaler shall assist the Ordering Party to the necessary extent in complying with its obligation to respond to the data subject's requests and to comply with the obligations set out in Articles 32 to 36 of the Regulation.
(10) The Wholesaler shall, upon discovering a personal data protection breach without undue delay, report it to the Ordering Party within 24 hours.
(11) The Ordering Party, pursuant to Article 28(3)(h) of the Regulation, shall have the right to control whether the measures applied by the Wholesaler in processing and securing the entrusted personal data comply with the provisions of the Regulations.
(12) The Ordering Party shall exercise the right of inspection during the Wholesaler's working hours and with a minimum of 7 days' notice.
(13) The Wholesaler undertakes to remedy any deficiencies found during the inspection within a period indicated by the Orderer not exceeding 7 days.
(14) The Wholesaler shall make available to the Purchaser all information necessary to demonstrate compliance with the obligations set out in Article 28 of the Regulation.
(15) The Wholesaler may entrust personal data covered by these Regulations for further processing to subcontractors or carriers only for the purpose of performing the supply contract.
16 The subcontractor or carrier referred to above shall comply with the same guarantees and obligations imposed on the Wholesalers in these Regulations.
17 The Wholesaler shall be fully liable to the Purchaser for any failure to comply with the subcontractor's data protection obligations.
(18) The Wholesaler shall be liable for the provision or use of personal data in contravention of these Terms and Conditions, and in particular for the provision of personal data entrusted for processing to unauthorised persons.
19 The Wholesaler undertakes to inform the Ordering Party immediately of any proceedings, in particular administrative or judicial proceedings, concerning the Wholesaler's processing of the personal data referred to in the Regulations, of any administrative decision or ruling concerning the processing of such data addressed to the Wholesaler, as well as of any planned, if known, or ongoing checks and inspections concerning the Wholesaler's processing of such personal data, in particular those carried out by personnel authorised by a supervisory authority which is a public authority established by a Member State in accordance with Article 51 of the Regulations. This paragraph applies only to personal data entrusted by the Ordering Party.
§ 10 Final provisions
(1) The condition for the provision of Dropshipping services by the Wholesaler to the Orderer is the acceptance of these Regulations.
(2) The parties shall be bound by Polish law.
(3) The Parties undertake, in the first place, to resolve any disputes amicably. In case of failure to resolve amicably or unjustified delay by one of the parties to resolve amicably, the party may pursue claims in court.
(4) The court having jurisdiction to settle disputes shall be the court according to the registered office of the Wholesaler.
(5) The Terms and Conditions are subject to change. The version of the Regulations in force on the date of placing an order by the Ordering Customer shall apply to orders placed and paid for before the Regulations were amended.
(6) The Regulations shall enter into force upon their publication on the Wholesale platform.