Privacy Policy
1. Preliminary provisions
These terms and conditions specify the rules for making purchases from the Esotiq & Henderson B2B Online Store operated by the Seller at the following address: www.b2b-esotiqhenderson.com
The Seller is ESOTIQ & HENDERSON S.A., address: ul. Budowlanych 31 C, 80-298 Gdańsk, entered into the National Court Register - Register of Entrepreneurs by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division, under the KRS number 0000370553, having NIP (Tax Identification Number): 583-311-72-20 and REGON (National Business Registry Number): 221133543, hereinafter referred to as the "Seller".
The Customer can communicate with the Seller by means of the email addresses specified in this section under point 4.
The Seller can be contacted:
a) using the e-mail address: export@esotiq.com,
b) by correspondence to the following address: ul. Budowlanych 31C, 80-298 Gdańsk.
These Terms and Conditions are addressed to Entrepreneurs using the Store and specify the principles of using the Online Store as well as the principles and procedure of concluding distance Sales Agreements with the Customer through the Store.
2. Definitions
Terms and Conditions - these Terms and Conditions. With regard to services provided by electronic means, these Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on services provided by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), and the Seller is a service provider within the meaning of this Act. These Terms and Conditions are addressed exclusively to entrepreneurs and do not apply to consumers within the meaning of Article 221 of the Civil Code.
Entrepreneur - a natural person, a legal person or an organisational unit which is not a legal person but to which a separate act confers legal capacity, pursuing economic or professional activity in its own name.
Customer - an Entrepreneur who, under these Terms and Conditions, places an Order in the Online Store.
Seller - a party providing sales services through the Online Store under these Terms and Conditions.
Subject of Transaction - Goods listed and described on the website of the Online Store.
Goods - a movable item presented in the Online Store, to which the Sales Agreement applies.
Account - Customer's account in the Store, in which the data provided by the Customer and information about Orders placed by them in the Store are kept.
Registration Form - a form available in the Store for creating an Account.
Order Form - an interactive form available in the Store which allows to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, offering also the possibility to determine and modify the Order details, in particular the quantity of the products.
Sales Agreement - an agreement for the sale of Goods, as defined by the Civil Code, concluded between the Seller and the Customer, using the Store's online platform.
Distance Agreement - an agreement concluded with the Customer in the organised system for concluding distance agreements (within the Store), without the simultaneous physical presence of the Parties, exclusively with the use of one or more means of distance communication up to and including the conclusion of the agreement.
Online Store (also referred to as the "Store") - the platform available at www.b2b-esotiqhenderson.com through which the Customer can place an Order.
Order - the Customer's declaration of will expressly specifying the type and quantity of Goods, with the direct purpose of concluding the Sales Agreement.
ICT system - a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network.
3. General principles
These Terms and Conditions set out the rules for using the Online Store available at www.b2b-esotiqhenderson.com.
The Online Store may only be used by Entrepreneurs.
To the fullest extent permitted by law, the Seller will not be liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
The Customer can place Orders for Products in the Store's assortment after creating an Account in accordance with § 4 of the Terms and Conditions.
The Customer can place an Order in the Online Store provided that they read and accept these Terms and Conditions before placing the Order.
The Online Store at www.b2b-esotiqhenderson.com carries out wholesale sales via the Internet.
All Goods offered at www.b2b-esotiqhenderson.com are brand new, originally packaged, free from physical and legal defects, and have been legally placed on the Polish market.
As part of the technical requirements necessary to cooperate with the ICT system used by the Seller to process purchases, the Customer should have an active electronic mail (email) account and a device connected to the Internet.
It is prohibited for the Customer to provide content that is forbidden by applicable Polish and international law, in particular content that is defamatory or infringes the personality rights and other rights of third parties, pornographic content, content associated with the promotion of violence and hatred, drastic content, and content that is generally regarded as offensive, morally reprehensible, socially inappropriate, offensive to religious feelings, or infringes copyright or the rights of others.
The Online Store is only available in Polish, English and Russian.
4. Creating an Account in the Store
An Account can be created in the Store by going to the store address: www.b2b-esotiqhenderson.com and completing all the data, i.e.:
- country of registration of the Customer's enterprise,
- NIP (Tax Identification Number) pertaining to the business,
- business name,
- business electronic mail address (email),
- telephone number,
- street and number of the premises,
- postal code and town/city,
- the platform's default language.
Once the data is accepted by the Seller and entered into the Store's ICT system at www.b2b-esotiqhenderson.com, an email will be sent to the email address provided by the Customer confirming the creation of the Customer's Account in the Store and enabling the creation of a password to access the Customer's Account.
Creating an Account in the Store is free of charge.
The Customer declares that the data they provide is correct.
Logging in to the Account takes place by entering the login and password set during the registration process (step two of registration - account administrator data).
The Customer may have the Account removed at any time, without stating a reason and without incurring any fees for doing so, by sending a relevant request to the Seller, in particular by email or in writing to the addresses stated in § 1.
5. Placing Orders
All prices shown on the web pages of Esotiq & Henderson's B2B store at www.b2b-esotiqhenderson.com are net prices, given in Polish zloty (PLN), US dollars (USD) or euros (EUR), and do not include VAT. The prices shown do not include shipping costs.
The final amount to be paid by the Customer consists of the price for the Product, any customs duty and the cost of delivery (including fees for transport, delivery and courier services). The Customer will be notified by the Seller of the amount of the transport fee, the postal service fee and the amount of the duty, if any, when the Order is ready for shipment.
Orders are accepted via the website.
Orders placed via the website can be submitted 24 hours a day, 7 days a week, all year round.
In order to place an Order it is necessary to:
- log in to the Store,
- select the Goods that are the Subject of the Order, and click the "Add" button,
- after adding the Goods to the cart, the option "View your cart" will be displayed; after clicking this option, the page will redirect to the list of unsent carts,
- in the next step, select the relevant cart and choose the delivery option for the purchased Goods,
- if required by the Order, in this window it is also possible to change or enter a new delivery address, add a PO number or comments to the Order,
- the form of payment must also be selected,
- and then confirm the purchase with the "Submit Order" button.
The order is effective if the Customer correctly completes the Order form and correctly pays for the Orders (with the payment method of their choice), subject to §9 of the Terms and Conditions.
If the data provided is not complete, the Seller will contact the Customer. If it is not possible to contact the Customer, the Seller has the right to cancel the Order.
In the process of placing an Order, the Customer may express their wish to receive a VAT invoice that may accompany the parcel shipped or be sent electronically, to the indicated email address, in the form of an electronic image of billing documents, in particular such as:
- VAT invoices with appendices,
- correction VAT invoices with appendices and forms.
This consent also authorises the Seller to issue and send VAT invoices in an electronic form, pursuant to the Act of 11 March 2004 on goods and services tax (Journal of Laws of 2011, No. 177, item 1054, as amended).
When placing an Order, the Customer consents to the processing of personal data in connection with the processing of the Order, in accordance with the principles specified in § 11 of the Terms and Conditions.
Once the Customer has placed an effective Order, the Customer will receive an automatic response from the Store confirming receipt of the Order.
Whenever the Customer places the Order, the processing of such Order is commenced when the payment is credited to the bank account stated on the Store's website, subject to §9 of the Terms and Conditions.
6. Ways to receive the Goods
Subject to paragraphs 2 and 3 below, the Customer may receive the purchased Goods by:
- delivery to the address specified by the Customer via courier service,
- personal pick-up by the Customer from the Seller's warehouse located at the address: VGL Distribution Services sp. z o.o., part of Ligentia,
- ul. Bysewska 18, 80-298 Gdańsk, Poland,
Personal pick-up of the Goods by the Customer is possible after prior notification to the Seller using the contact methods specified in § 1.
Personal pick-up of the Goods by the Customer is free of charge.
7. Shipping costs and dispatch time
Goods are dispatched to the address indicated in the Order Form or by email, taking into account the rules specified in § 6 of these Terms and Conditions.
The Store will notify the Customer immediately if the Order Form is completed incorrectly, which prevents or delays dispatch.
Goods are delivered by specialised courier companies.
It is also possible to pick up the Goods in person at the Seller's warehouse.
The shipment is delivered in accordance with the date specified next to each Goods on the website. This delivery time is an estimate. The time for the funds to be credited to the Store's bank account (usually 1-2 working days) should be added to the delivery time stated on the website.
The Customer is charged for delivery (dispatch).
The cost of shipping is calculated individually due to the weight and dimensions of the parcel or pallet.
8. Payments
A personalised proof of purchase (invoice) is issued for each Goods sold. Payment for the ordered Goods can only be made by transfer to the Store's bank account.
The Seller's details required to complete the transfer by the Customer for the purchased Goods:
Company name: ESOTIQ & HENDERSON S.A.
Address: ul. Budowlanych 31 C, 80-298 Gdańsk
NIP (Tax Identification Number): 583-311-72-20
The Seller's bank account number for payments in EUR only:
SWIFT: BPKOPLPW
IBAN: PL 75 1020 2313 0000 3302 0392 8058
The Seller's bank account number for payments in USD only:
SWIFT: BPKOPLPW
IBAN: PL 31 1020 2313 0000 3402 0392 8801
The Seller's bank account number for payments in PLN only:
SWIFT: INGBPLPW
IBAN: PL 37 1050 1214 1000 0090 3028 7289
9. Conclusion and implementation of the Sales Agreement
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with § 5 of the Terms and Conditions.
Once the Order has been placed, the Seller will immediately acknowledge its receipt and at the same time accept the Order for processing in accordance with § 5.12 above.
The Seller confirms receipt of the Order and accepts it for processing by sending the Customer a relevant email to the Customer's email address provided while placing the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for processing. As soon as the Customer receives the above email, the Sales Agreement is concluded between the Customer and the Seller.
As regards payments by transfer, the Customer is obliged to make such payments within 14 calendar days of the conclusion of the Sales Agreement; otherwise, the Order will be cancelled. If the Customer presents an insurance guarantee to the Seller, the Seller may individually set a different payment date for the Customer, including one that falls after the date of delivery of the Goods.
If the Customer selects a delivery option other than personal pick-up, the Goods will be dispatched by the Seller within the period indicated in their description (subject to paragraph 6 of this section), in the manner selected by the Customer when placing the Order.
When ordering Goods with different delivery times:
- the delivery time is the longest specified period,
- the Customer may request delivery of the Goods in parts or delivery of all the Goods once the entire Order is ready.
The time of delivery of the Goods to the Customer runs, at the Seller's discretion, from the payment being credited to the appropriate bank account specified in §9 of the Terms and Conditions (in the case of prepayment) or from the date of the invoice (in the case of no prepayment).
If the Customer selects personal pick-up of the Goods, the Goods will be ready for pick-up by the Customer on the date indicated in the description of the Goods. The Customer will additionally be notified by the Seller about the Goods being ready for pick-up via an appropriate email message sent to the Customer's email address provided while placing the Order.
Goods can only be delivered worldwide (subject to § 6 of these Terms and Conditions). The matters concerning the methods and options of delivery and pick-up of the purchased Goods by the Customer are governed by § 6 of the Terms and Conditions.
The delivery of the Goods to the Customer is subject to a fee, unless the Sales Agreement states otherwise. The costs of delivery of the Goods (including fees for transport, delivery and courier services) are indicated to the Customer on the pages of the Online Store and while placing the Order, including at the moment of the Customer expressing their will to be bound by the Sales Agreement. The matters concerning payment for the delivery of the Order are governed by § 7 of these Terms and Conditions.
Personal pick-up of the Goods by the Customer is free of charge.
10. Complaint procedure
The Sales Agreement refers to new Goods.
The Seller is obliged to deliver items free from defects to the Customer.
In the event of a defect in the Goods purchased from the Seller, the Customer has the right to make a complaint based on the statutory warranty provisions of the Civil Code, after taking into account the modifications to the provisions contained in these Terms and Conditions.
Complaints must be submitted in writing or electronically to the Seller's addresses specified in § 1 of these Terms and Conditions.
It is advisable to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect in the Goods.
When submitting a complaint, photographs of the relevant product should be delivered to the Seller together with the proof of purchase and a completed complaint form, enclosed as appendix no. 1 hereto.
The Seller will consider the complaint within 14 days from the day the complaint is submitted. If the complaint is resolved in favour of the Customer, the Seller will (at its own discretion, after consultation with the Customer) repair or replace the relevant Goods with new, full-value Goods or refund the value or part of the value of the Goods purchased.
The Customer loses their rights under statutory warranty within 14 days of receiving the Goods. The Customer loses their rights under statutory warranty if they fail to examine the item in the time and manner usual for items of that kind and fail to notify the Seller of the defect immediately, and if the defect becomes apparent only later - if the Customer fails to notify the Seller immediately after the defect becomes apparent. Sending a notice of the defect before the expiry of this period is sufficient to comply with the above deadline.
11. Privacy policy and personal data protection
The controller of the personal data provided by Customers of the Online Store within the meaning of the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws 2016, item 922 as amended) is the Seller.
The Seller is entitled to process (including to collect, record, store and use) the Customer's personal data for the following purposes:
- to provide Customer service, which includes creating and managing the Customer's Account,
- to process the Order, and to conclude and implement the Sales Agreement,
- to contact the Customer, through the available communication channels, including for purposes related to the implementation of the Sales Agreement or Customer service,
- to handle complaints,
- for marketing purposes.
Data are provided voluntarily.
In particular, the Seller may process the following personal data:
- first and last name,
- business name of the entrepreneur,
- address of residence/registered office or mailing address,
- Tax Identification Number (NIP),
- telephone number,
- electronic mail address (email).
Customers have the right to access, rectify and erase their data.
Provision of personal data is voluntary, however, failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude the Sales Agreement.
Personal data are processed for the purpose of implementation Sales Agreements, and may therefore be transferred to parties responsible for delivery of the purchased Goods to the Customer.
Recipients of personal data of the Online Store's Customers may be:
- in the case of a Customer who uses postal or courier delivery in the Online Store, the Controller shares the collected personal data of the Customer with the selected carrier or intermediary performing the delivery on behalf of the Controller,
- in the case of a Customer who uses electronic or credit card payment method in the Online Store, the Controller shares the collected personal data of the Customer with the selected party handling such payments in the Online Store.
Information on methods and technical measures to detect and correct errors in data entry:
- when placing an Order, until the "Place Order" button is pressed, Customers who have an Account in the Online Store can correct the entered data by themselves by editing their Account profile,
- verification of data or correction of the Order is also possible by sending an email to the Seller at export@esotiq.com,
- the Customer can change the data entered when creating the Account at any time by using the available options.
Information on the principles and methods of recording, securing and sharing the content of the concluded agreement with the other party by the Seller:
- the content of the concluded Sales Agreement is recorded, secured and shared by sending the Customer an appropriate email message, in accordance with § 9(3) of these Terms and Conditions,
- the content of the concluded Sales Agreement is recorded, secured and shared by sending the Customer the content of the concluded Sales Agreement to the provided email address or by providing the Customer with the Order specification and the proof of purchase,
- the content of the concluded agreement is additionally recorded and secured in the Seller's ICT system and shared at every request of the Customer.
If you have any questions about your Personal Data or the exercise of your privacy rights, you may contact the Data Protection Officer appointed by PDC at the following email address: iod@esotiq.com.
12. Cookie policy
Cookies should be understood as IT data stored in users' terminal equipment that serves to use websites. In particular, these are text files containing the name of the website from which they originate, their storage time on the terminal equipment and a unique number.
The Store does not collect any information in an automated manner, except for the information contained in cookies.
Cookies are intended for the use of the Store website available at www.b2b-esotiqhenderson.com. The operator uses these files:
- for the ability to log in and maintain a user session on each subsequent page of the platform,
- to adapt the content of the website to the user's individual preferences, in particular, these cookies recognise the user's device in order to display the website according to their preferences,
- to create anonymous statistics excluding the possibility to identify the user.
Cookies used by partners of the website operator, including in particular website users, are subject to their own privacy policies.
To ensure the security of the data entrusted to us, we have developed internal procedures and recommendations to prevent data from being accessed by unauthorised persons. We monitor their implementation and continuously check their compliance with the relevant legal acts - the Personal Data Protection Act, the Act on Electronically Provided Services, as well as all kinds of implementing acts and Community legislation.
By default, the web browsing software allows cookies to be placed on the Customer's terminal equipment. These settings can be changed by the Customer to block the automatic handling of cookies in the settings of the Internet browser, or to inform the Customer each time they are sent to the Customer's equipment.
Store users can change their cookie settings at any time. Detailed information on the possibility and handling of cookies is available in the settings of the software (web browser).
Examples of editing options in popular browsers:
Mozilla Firefox: www.support.mozilla.org/pl/kb/ciasteczka
Internet Explorer: www.support.microsoft.com/kb/278835/pl
Google Chrome: www.support.google.com/chrome/bin/answer
The Store operator informs that changes to the browser settings may prevent the correct operation of the websites.
13. Amendments to the Terms and Conditions
The Seller reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in the law, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any amendment at least 7 days in advance.
Customers with a Store account will be informed of the amendment to the Terms and Conditions via email correspondence, 7 working days before the amendments to the Terms and Conditions take effect.
When logging in to the Store for the first time after the Terms and Conditions have been amended, the Customer will receive a message confirming that there have been amendments to the Terms and Conditions, and will be asked to accept the new content of the Terms and Conditions. If the amendments to the Terms and Conditions are not accepted, shopping in the Online Store will not be possible, and after 14 days from the date of the Customer's refusal to accept the amendments to the Terms and Conditions or after 14 days from the date of the last Order placed before the amendments to the Terms and Conditions came into effect, in the case of Orders in progress, the Seller will be authorised to delete the Customer's Account in the Store.
Notwithstanding the wording of paragraph 3 above, a Customer who does not accept the amendments introduced in the Terms and Conditions may delete their Account at any time.
Orders placed by Customers before the amendments to the Terms and Conditions came into force will be processed in accordance with the previous form of the Terms and Conditions.
14. Final provisions
Agreements concluded through the Online Store are made in Polish, English or Russian and are governed by Polish law.
Any matters not provided for in these Terms and Conditions will be governed by the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
Any disputes arising from the application of these Terms and Conditions and in connection with the implementation of agreements concluded between the Store and Customers will be considered by the court of proper jurisdiction for the Seller's registered office.
These Terms and Conditions come into force as soon as they are published on the website of the Seller's Store at: www.b2b-esotiqhenderson.com.
Date of publication of the Terms and Conditions: 05.02.2024