Rules

I. General Provisions
II. Definitions
III. General rules for using the B2B Platform
IV. Goods and prices
V. Orders
VI. Delivery and collection
VII. Payments
VIII. Guarantee
IX. Complaints procedure
X. Post-warranty service
XI. Returning a new item
XII. Trade secret protection
XIII. Final Provisions

The B2B sales regulations are a supplement to the General Sales Conditions of HAKOM Sp. z o. o. Sp. k. available at https://www.hakom.pl/cenniki/ows

I. General Provisions

These regulations define the conditions of sale of ventilation, air-conditioning and heat pump products and devices via the B2B sales system available at www.hakom.pl
The entrepreneur running the B2B Sales Platform www.hakom.pl is HAKOM Sp. z o. o. Sp. k. with its registered office in WyPDy (05-090) ul. Zdrojowa 2, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warsaw, 14th Commercial Division under the KRS number 0000612986, with the NIP number: PL5212800038 and the REGON number 012973779.

II. Definitions

All words, regardless of their spelling form, defined below shall be understood as follows:

"Regulations" - this document together with all attachments and additions to it, specifying the terms and conditions of using the B2B Platform.
"Administrator" or "HAKOM" - the owner of the B2B platform - HAKOM Sp. z o. o. Sp. k. with its registered office in WyPDy (05-090) ul. Zdrojowa 2, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warsaw, 14th Commercial Division under the KRS number 0000612986, with the NIP number: PL5212800038, REGON number 012973779.
“B2B Platform” - B2B sales platform with all its elements, managed by the Administrator.
"Entrepreneur" - a natural person, a legal person and an organizational unit without legal personality to which the provisions on legal persons apply, conducting business or professional activity on their own behalf.
"Counterparty" - An entrepreneur who has registered on the B2B Platform and obtained an individual login and password. Only an entrepreneur registered in Poland can be a contractor.
"Key Employee" - an employee of the Counterparty responsible for providing access to the individual login and password to other employees of the Counterparty on the B2B Platform.
"Account" - a set of individual data of the Counterparty along with information about his activities on the B2B Platform. The account is kept under a unique name (login) and is password protected.
"Add to cart" option - making a purchase offer by the Counterparty.
"Order" - a statement on the purchase of goods presented on the Platform, submitted online via the form available at www.b2b.hakom.pl
"Subject of transaction" - goods listed and described on the B2B Platform.
"General Terms of Sale" or "GTS" - General Terms of Sale available at www.hakom.pl/cenniki/ows
"Manufacturer" - a manufacturer of a product or service providing a warranty for its product and guaranteeing the availability of spare parts in accordance with applicable regulations and warranty conditions.

HAKOM makes every effort to ensure that the offer presented on the B2B Platform is up to date. However, if some of the ordered goods are unavailable, HAKOM undertakes to immediately inform the Counterparty about the situation by phone or e-mail. Descriptions and photos of the goods listed on the B2B Platform are for illustrative purposes only and may differ from the actual appearance of these goods. HAKOM makes every effort to ensure that the photos and descriptions of goods presented on the B2B Platform are in line with reality. However, HAKOM is not responsible for any errors or omissions in this regard. In case of any doubts, before selecting the goods, the Counterparty is obliged to contact HAKOM in order to obtain the necessary information and explanations.

III. General rules for using the B2B Platform

To use the B2B Platform, Internet access and a web browser that accepts cookies are required.
Making purchases and using the B2B Platform will be possible after meeting all formal requirements and granting permissions by the Administrator.
Entrepreneurs who are HAKOM's Contractors are required to complete the B2B application form in order to grant access rights.
Access to the B2B Platform for Entrepreneurs who are not Contractors is blocked. The following documents are required for registration in the database of HAKOM Contractors:
- a completed Contractor data form,
- excerpt from the National Court Register or a copy of the entry in the business activity register,
- B2B application form,
The documents should be sent by e-mail to the following address: dane@hakom.pl
All the above-mentioned documents must be signed with the signature of a person authorized to make statements on behalf of the Entrepreneur in accordance with the registration documents or by a person having the relevant notarial authorization to represent the Entrepreneur.
In the absence of the necessary data referred to above, the Entrepreneur will be asked to supplement them.
After registering the account in the sales system, the Entrepreneur becomes a Counterparty and receives a message from HAKOM to the e-mail address provided during registration, which contains a link to activate the Counterparty's account on the B2B Platform. Clicking the link by the Counterparty means the Counterparty's acceptance of setting up an account on the platform and activation (launching) of the company's account.
HAKOM reserves the right to refuse to activate the Counterparty's account without giving a reason.
Each of the Counterparties is entitled to place Orders only for the purposes of its business activity and undertakes not to disclose the login and password to other unauthorized entities. If the login and password are made available to unauthorized entities and HAKOM suffers damage for this reason, the Counterparty will be obliged to repair it in full.
The Counterparty provides the data of the Key Employee who will be assigned his own account along with the access password. Further creation of user accounts on the Counterparty's account is the responsibility of the Counterparty. The key employee will be able to assign subsequent accounts to subordinate employees and administer these data.
The Counterparty bears full responsibility for the actions of its employees and other persons to whom it provides the password and login. The Counterparty is obliged to immediately inform HAKOM in writing about the change of the Key Employee or the limitation of his authorization to act on behalf of and for the Counterparty. The change of the Key Employee is effective for HAKOM from the next business day after the notification of the change.
HAKOM reserves the right to block the account of a Contractor who does not comply with the Regulations or the General Terms and Conditions of Sale (OWS) available on the website www.hakom.pl/cenniki/ows
In the event of the circumstances referred to in point 12, the Counterparty will be informed by the Administrator about the threat of blocking the account and about the deadline to take action to avoid blocking. After the expiry of the deadline, the account will be blocked.
The Counterparty may regain access to the account if it starts to comply with the Terms and Conditions and the General Terms and Conditions of Sale (OWS) and asks the Administrator to restore access to the B2B Platform. The decision to restore access belongs solely to the Administrator, regardless of whether the Counterparty meets the above-mentioned conditions.

IV. Goods and prices

The B2B Platform website presents a basic list of products along with their attributes. The list of products does not include goods and solutions that are prepared on the basis of the individual requirements of the Contractor.
The B2B Platform website allows the purchase of refrigerants in hermetically sealed collective packaging (cylinders) only by Contractors with active FGAZ authorizations for Enterprises issued by the Office of Technical Inspection.
The B2B Platform website allows the purchase of non-hermetic refrigeration and air-conditioning equipment only by Contractors with active FGAZ licenses for Enterprises issued by the Office of Technical Inspection or trading companies submitting a written statement each time about the transport or further resale of the equipment.
The given prices of goods are net prices in EUR, USD or PLN. The prices include the individual discounts of the Counterparty. Individual discounts are taken into account each time the Order is processed. The prices are visible to the Counterparty after logging in to the B2B Platform.
The goods offered for sale and their prices do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract within the meaning of Art. 71 of the Polish Civil Code. Placing an order by the Counterparty is tantamount to his offer, which each time requires approval by HAKOM. In addition, the Counterparty, via the B2B Platform, may submit an inquiry for a specific product.
HAKOM reserves the right to change product prices, temporarily limit the availability of goods, withdraw individual products from the offer without giving reasons, change the technical parameters of the products listed and assign goods to appropriate groups.
HAKOM is not responsible for the lack of products on offer, for downtime in the possibility of placing Orders, as well as for changes in product prices.

V. Orders

Orders may only be placed by registered Contractors.
The Counterparty bears full responsibility for the correctness and content of the Order sent.
Orders are processed on working days from 8.00 to 16.00.
The Counterparty places an Order by electronically sending a list of selected products to HAKOM, after completing the Order form available on the B2B Platform.
The Contractor indicates in the Order form a personal collection or delivery address of the ordered products. HAKOM does not verify the correctness of the indicated address. Any costs associated with providing an incorrect delivery address or failure to collect the shipment at the indicated address shall be borne solely by the Counterparty.
After placing the Order, the Counterparty receives confirmation of placing the order, and then confirmation of acceptance or rejection of the Order to the e-mail address indicated in the registration form. The order accepted by HAKOM is binding for the Contractor and is submitted for execution.
For goods available from the warehouse, orders confirmed for execution by 12.00 are processed on the same or next business day, orders confirmed after 12.00 will be processed on the next business day.
In the absence of confirmation of acceptance of the Order within 2 business days, the Order shall be deemed rejected, of which the Counterparty will be immediately informed.
In the case of payment in the form of prepayment, the Order will be processed after HAKOM registers the payment based on the proforma.
HAKOM reserves the right to refuse to accept an Order in the event of overdue liabilities of the Counterparty. The Counterparty will be immediately informed about the cancellation of the Order. In this situation, HAKOM does not bear any responsibility.

VI. Delivery and collection

The delivery is carried out in accordance with the General Terms of Delivery (OWD) available at www.hakom.pl/cenniki/dostawa to the address indicated in the Order form.
The contractor is obliged to ensure the presence of a person authorized to collect the delivery.
Delivery costs are borne by the Counterparty, unless the contract concluded between the parties provides otherwise.
The cost of a standard shipment is determined individually for each order or group of orders.
In the case of groupage goods weighing up to 31.5 kg, it is possible to send the goods by courier or cash on delivery. The maximum package parameters cannot exceed:
- gross weight 31.5 kg
- sum of dimensions (A x B x H) up to 200cm
The shipping cost is shown in a separate item on the VAT invoice.
The receipt of the goods is confirmed by the signature of an employee authorized by the Contractor on the WZ document or proof of delivery of the goods by the carrier.
Upon receipt of the delivery, the Counterparty checks the compliance of the delivered goods with the WZ document and assesses any damage to the packaging.
In the event of non-compliance of the ordered goods with the delivered shipment, the Counterparty draws up a discrepancy report together with the carrier, which, after it is signed by the Counterparty and the carrier, is the basis for submitting a complaint. The report should be submitted to HAKOM within 24 hours.

VII. Payments

Payments are made in the following forms
a) prepayment by bank transfer,
b) cash payment,
c) payment by credit card
d) payment by bank transfer with a deferred date.
The form and terms of payment are determined individually for each Counterparty after registration. For online purchases on the B2B Sales Platform, the same conditions apply as for stationary purchases at HAKOM. In the course of cooperation, the form and terms of payment may change at the request of the Counterparty or on the basis of individual decisions of HAKOM.
Detailed rules for deferred payment are regulated by the OWS HAKOM available at www.hakom.pl/cenniki/ows. Conditions, dates and rules are agreed with each Counterparty individually.
HAKOM issues a VAT invoice to the Counterparty for the purchased goods. The source of the Counterparty's data for issuing invoices and data regarding the place of delivery are registration documents and information from the registration form and the concluded cooperation agreement, which the Counterparty provides during the registration process.
With the acceptance of the Terms and Conditions, the Counterparty authorizes HAKOM to issue invoices without the Counterparty's signature.
VAT invoices for purchases made via the B2B Sales Platform are delivered by e-mail to the e-mail address indicated in the statement. Upon issuing the invoice, it is also possible to download it from the Counterparty's account on the B2B Platform. The invoice may only be collected by a person authorized by the Counterparty. Downloading the invoice is tantamount to its delivery by HAKOM.

VIII. Guarantees

The warranty period for devices depends on the individual warranty conditions of each manufacturer separately, counted from the date of sale. The basis for reporting a warranty defect is a completed service book and purchase document. As part of the warranty granted, HAKOM is obliged to collect damaged parts and deliver new parts.
The warranty period for products imported and manufactured by HAKOM is 12 months from the date of sale. The basis for submitting a warranty repair is the purchase document.
HAKOM's liability for defects in the goods under the warranty is excluded in connection with the warranty provided.
As part of the guarantee, HAKOM undertakes to the Contractor to remove physical defects, deliver goods free from defects or consider the guarantee in accordance with the Manufacturer's procedures.
In order to take advantage of the guarantee, the Counterparty is obliged to notify HAKOM about the defect of the goods within 3 days from the discovery of the defect, via available means of communication with acknowledgment of receipt.
The warranty claim should be sent on a ready-made form available at www.hakom.pl/cenniki/zamowienia-i-reklamacje and should include:
a) identification data of the Counterparty; name, exact address,
b) name, surname and contact telephone number of the reporting person,
c) identification data of the advertised goods
d) number and date of the purchase document for the claimed goods,
e) description of the defect of the goods,
f) conditions for revealing a defect in the goods.
The contractor is obliged to provide HAKOM with full information and all assistance in order to properly assess the defect and determine the method of its removal, including the right to a post-failure site visit.
If it proves impossible to remove the defect or replace the defective parts of the goods, HAKOM undertakes to replace the goods with new ones. In such a case, the Counterparty is not entitled to a claim for reimbursement of repair, adjustment or replacement costs. In particular, the warranty rights do not include the Counterparty's rights to demand reimbursement of lost profits and expected profits due to the defect of the delivered goods.
HAKOM is only liable for defects in its own products that arose as a result of the correct use of the goods. The Producer is responsible for defects in distributed products. In case of doubt, the correct use of the goods is considered to be the general conditions of use of technical devices and the conditions contained in the manuals, technical documentation of the goods or other documents delivered with the goods.
HAKOM is not responsible for damage or destruction of the goods that occurred as a result of incorrect installation or improper operation.
The warranty does not cover the goods in which repairs or modifications were made outside the service points designated by HAKOM, unless they were made with the prior consent of the Manufacturer.
The warranty repair does not cover damage caused by natural wear and tear of parts subject to wear in a shorter period than the established warranty period and damage caused by force majeure, catastrophes, floods, hurricanes, fires and other natural disasters beyond the control of HAKOM.
If HAKOM delivers goods that are not in accordance with the contract (non-conforming delivery), the costs of returning the goods, as well as the costs of transporting the goods delivered instead, shall be borne by HAKOM.
In the event of a non-conforming delivery referred to above, the Counterparty may demand a refund of the price paid instead of the goods in accordance with the contract.

IX. Complaints procedure

Unless otherwise agreed, the Contractor submitting the complaint is obliged to deliver the defective goods or parts to HAKOM at its own expense, fully equipped and in packaging that guarantees protection against mechanical damage during transport.
The contractor is obliged to agree with HAKOM on the date of considering the complaint and repairing the defective goods. The default deadline for completing the complaint procedure is 20 working days from the date of delivery of the defective goods. This period may be extended if it is necessary to import parts from abroad or if the repair requires sending the goods to the manufacturer.
If it is determined that the warranty claim is unjustified - no symptoms of damage to the goods or the defect of the goods was caused by the fault of the Counterparty - HAKOM may charge the Counterparty with the costs related to the expert opinion and verification of the claim.
If it is not possible to obtain identical goods or if the cost of repairing the defective goods exceeds the purchase price, the Seller may replace the defective goods with defect-free, identical or functionally compatible goods, but not of inferior quality.
The warranty period starts anew for the replaced parts.
Parts obtained during the warranty repair become the property of the Manufacturer.
After the repair under the warranty, the goods will be delivered to the Contractor at the expense of HAKOM. Personal collection is allowed after prior arrangement.

X. Post-warranty service

After the warranty period, HAKOM conducts inspections, maintenance and repairs of the goods at the request of the Contractor. These activities are performed entirely at the Contractor's expense. HAKOM provides a 12-month warranty for the replaced parts.
Removal of a defect in the goods reported during the warranty period, and not subject to the warranty, may be performed as part of the post-warranty service at the explicit request of the Counterparty.

XI. Returning a new item

The contracting party may return the new goods, except for situations covered by the guarantee - in the case of obtaining the written consent of HAKOM. HAKOM may grant such consent if the goods have not been used and do not show features of individual adaptation to the requirements of the Contracting Party, have intact packaging, and have been returned within 7 days from the date of delivery.
If HAKOM agrees to return the goods, HAKOM shall not incur any costs in this respect, in particular the costs of return delivery of the goods.
After the return, HAKOM will inspect the goods and make a decision on:
a) return to the Counterparty the value of the returned goods less the handling fee,
b) refusal to accept the returned goods and notify about the method of its receipt,
c) exchange of the returned goods for another.
In the case of the return of the value referred to above, the return value will be equal to the price of the purchased goods less the cost of inspection, administrative and storage activities and the costs of returning the goods to the manufacturer, incurred by HAKOM in the amount of 15% of the sale price of the goods, but not less than PLN 50 net.

XII. Trade secret protection

The Contractor is obliged to keep strictly confidential all commercial, financial, organizational, technological, economic and other information concerning HAKOM, received in the course of cooperation, regardless of the form of its transfer, if such information is not made publicly available.
The above does not apply to situations where information is disclosed at the request of authorized state authorities, based on the relevant provisions of law. In such a situation, the Counterparty is obliged to inform HAKOM about the disclosure of information within 7 days.
This obligation extends for the entire duration of the cooperation, as well as for a period of 3 years from its termination.
In the event of a breach indicated in point 1 of the obligation, HAKOM has the right to claim compensation for damage caused by unlawful disclosure of confidential information.

XIII. Final Provisions

The Regulations come into force on March 1, 2021.
In matters not covered by the Regulations, the provisions of the Civil Code shall apply.
All comments and notifications regarding violations of these Regulations should be sent to the e-mail address: b2b@hakom.pl. HAKOM reserves the right to make changes to these Regulations. Any changes become effective upon their publication on the B2B Platform website www.hakom.pl.
HAKOM is not responsible for any damages resulting from downtimes in the execution of Orders, and in particular is not responsible for the Contractor's lost profits.
The contractor is bound by the provisions of the General Terms and Conditions of Sale (OWS) available at www.hakom.pl, to the extent that these provisions are not inconsistent with the provisions of these Regulations. Starting to place orders is tantamount to acceptance of the Regulations and the OWS.
In the event of any disputes, their parties will try to resolve them through negotiations, and if it is impossible to reach an agreement, they will submit them to the common court competent for HAKOM's registered office.
All inquiries regarding the use of the B2B Platform should be submitted to the following e-mail address: b2b@hakom.pl