I.Definitions
Whenever the following phrases (written in a capital letter) are used in these Terms & Regulations, they should be understood in the sense given below, unless the context of their use clearly shows otherwise.
1. Price - specified in PLN or other currency the consideration given by the Customer to the Seller in exchange for transfer of ownership of the Goodsin accordance with the Sale Contract. Unless the terms of the Promotion used by the Store provide otherwise prices of the Goods do not include delivery costs.
2. Customer - a natural person or legal person or an entity conducting business activities on its own behalf and performing legal acts directly related to its business or professional activity in Poland or abroad. In the case of entities having their registered office outside the territory of the Republic of Poland or when the place of delivery of goods is outside the Republic of Poland, they are required to provide the EU VAT number in the registration form in order to gain access to the B2B sales platform and make a purchase.
3. B2B sales platform - means the website which is used by the Seller to sell online Seller’s goods to entrepreneurs.
4. Goods - means the product described by the Seller through the Internet Store, which could be subject to the Sale Contract.
5. Terms & Regulations – means these terms and regulations that define the principles of concluding the Sale Contract and the conditions of providing services by electronic means. Terms & Regulations define the rights and obligations of the Customer and the Seller.
6. Seller - GF Corp sp. z ograniczona odpowiedzialnoscia sp. komandytowa with its registered office in Wroclaw (zip code 51-162 ), at Jana Dlugosza 42-46, NIP [Tax Identification Number]: 8952044411, REGON [Statistical Identification Number]: 361501099, entered into the Register of Entrepreneurs in the National Court Register kept by the District Court in Wroclaw, VI Commercial Division of the National Court Register [KRS], under KRS number: 0000556946, e-mail: b2b@gfcorp.pl who is also the owner of the Online Store represented by GF Corp sp. z ograniczona odpowiedzialnoscia with its registered office in Wroclaw (zip code 51-162 ), at Jana Dlugosza 42-46, NIP [Tax Identification Number]: 8952038758, REGON [Statistical Identification Number]: 360576913, entered into the Register of Entrepreneurs in the National Court Register kept by the District Court in Wroclaw, VI Commercial Division of the National Court Register [KRS], under KRS number: 0000538818, with share capital in the amount of PLN 5.000.
II. USE OF THE SALES PLATFORM
1. Only registered Customer, with an active EU VAT, can place an order at the B2B platform. In order to register, the Customer must complete the registration form provided by the Seller on the Internet Store's website and send the completed registration form electronically to the Seller by choosing appropriate functions contained in the registration form.
2. After the Customer submits the registration form, he receives immediately by email to the email address provided on the registration form a registration confirmation sent by the Seller.
3. Placing an order is a submission of an offer made by the Customer to the Seller to enter into contract of sale of the Goods covered by the contract.
4. The Seller notifies that the level of inventory of the Sales Platform is independent from the level of inventory at www.gunfire.com.
5. After placing an order, the Seller shall send an email confirmation of its submission to the address provided by the Customer.
6. The minimum value of the first order is 250 EURO net, for subsequent orders theminimum value is 125 EURO net, in PLN currency - 1,500 PLN gross, each subsequent 500PLN gross; in pounds - 250 GBP net, and next orders 150 pounds net.
7. Until the Price is paid, the order will have the status - pending. The Customer is obliged to pay the Price within 14 days on the basis of a proforma invoice issued by the Seller.
8. Upon dispatch of the Goods to the delivery supplier, all benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods are transferred to the Customer. In such a case, the Seller shall not be liable for any loss or damage to the Goods arising from the moment of their dispatch, to the moment when they are delivered to the Customer. Furthermore, the Seller shall not be liable for delay in deliveries.
9. According to art. 558 § 1 of the Civil Code, the Seller's liability for the Goods’ warranty is excluded subject to the paragraph 10.
10. Unless the damage was caused intentionally, neither the Seller nor its employees, authorized representatives and plenipotentiaries shall be liable to the Customer, his subcontractors, employees, authorized representatives and / or proxies for loss of profits.
11. In each case, liability lies with the Seller, its employees, authorized representatives and / or plenipotentiaries, this liability to the Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs due to the last Sale Contract.
12. The Customer, in its correspondence as well as conversation with the Retailer or Retailer's employees and authorized representatives, should comply with the politeness principles in communication culture and behavior consistent with the principles of community life. Behaviors commonly recognized as morally or socially improper or violating the rules of etiquette are not allowed.
13. The Customer shall not take any actions that threaten or violate the interests of the Retailer or the Retailer's customers, in particular, actions that could be considered to be acts of unfair competition or unfair market practices within the meaning of, inter alia, ACT of 16 April, 1993 on Combating Unfair Competition, Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising, ACT of 23 August, 2007 on Combating Unfair Commercial Practices, Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’)
14. The Retailer holds the right to block the Account of the Customer that fails to comply with the provisions of these Terms & Regulations.
III.Protection of personal information
1. The administrator of personal information voluntarily provided by the Customer to the Seller during the Registration, ordering placing and in the provision of electronical services by the Seller or in other circumstances as set out in these Terms &Regulations, is the Seller.
2. Personal data provided by the Customer to the Seller are given to him freely, provided, however, that failing to provide the data specified in the Regulations for the Registration in process prevents Registration and the establishment of Customer Accounts, and prevents the submission and execution of Customer orders in case of a contract without Registration of a Customer Account.
3. Additional information regarding the protection of personal data can be found in the Privacy Policy.
IV. FINAL PROVISION
1. All disputes which may arise between the Retailer and the Customer shall be submitted for settlement by a common court competent for the registered office of the Retailer.
2. The Retailer holds the right to change these Terms &Regulations at any time on the basis of generally applicable laws.
3. Provisions of the laws of Poland, in particular provisions of the Civil Code and ACT of 18 July, 2002 on Providing Services by Electronic Means (Dz.U. 2002 nr 144, poz. 1204 ze zm.) shall apply to all matters not regulated within these Terms &Regulations.
4. These Terms &Regulations enter into force on 12 February 2020
RULES
of the Points Program
- Explanation of Terms Used
- Organizer - GF CORP Limited Liability Limited Partnership with its registered office in Wrocław, Jana Długosza Street, 42-46, 51-162 Wrocław, entered into the National Court Register under number: 0000556946, REGON: 361501099, NIP: 8952044411.
- Program - a point program conducted by the Organizer.
- Participant - an adult natural person, legal person, or unincorporated organizational unit without legal personality participating in the Program, who, on the day of joining the Program, fulfills the following conditions together:
- conducts business activity, within which they purchase products from the Organizer for the purpose of further resale - they are not a consumer within the meaning of Article 221 of the Civil Code and do not purchase products solely for their own needs;
- has concluded a commercial agreement with the Organizer.
- Participant Account - an individual account created by the Organizer for each Participant in accordance with these Regulations at the time of registration in the B2B sales system, where information regarding purchases, payments, and customer history is recorded.
- Point Program Regulations - this document, which defines the terms and conditions of participation for Participants and the Organizer in the Program.
- Rules of Program Organization
- By joining the Program, the Participant simultaneously enters into an agreement with the Organizer. By concluding the agreement, both parties accept as binding the conditions and provisions specified in these Regulations. If the Participant violates the conditions of the Regulations, they also violate the agreement, which may result in the termination of the agreement with immediate effect and the withdrawal of privileges resulting from participation.
- The purpose of the Program is to support the sale of products offered by the Organizer, increase the attractiveness of the assortment, and facilitate Participants' access to goods available in such an offer.
- The Program includes the purchase of goods on the Organizer's online B2B sales platform.
- The Program is conducted from June 1st, 2023, until its termination by the Organizer. The Organizer reserves the right to terminate the Program at any time. The Organizer will notify the Participant of the anticipated termination of the Program and its final validity date. The Organizer reserves the right to limit the territorial and substantive scope of the Program. The Organizer will inform the Participant about the coverage of the Program and its conditions.
- Registration on the Organizer's online B2B sales platform and acceptance of these Regulations is equivalent to the Participant's accession to the Program, subject to point 1.4 above.
- For each purchase of goods offered by the Organizer and covered by the Program, after payment is recorded by the Organizer, the Participant will receive a specified number of points, which is the sum of points displayed during the ordering process for each of the goods covered by the purchase. The minimum number of points is 1, and awarded points are always expressed as whole numbers.
- The number of points that a Participant can obtain after paying for a particular order is displayed in gray on the progress bar located in the Participant Account user panel, as well as in the cart during the order placement process. After payment for a specific order, the section of the progress bar corresponding to the number of points for that order will no longer be displayed in gray, confirming the awarding of points.
- In the event that the Participant returns goods, a corrective invoice is issued, and the points awarded for the purchase of the goods covered by that order are deducted from the Participant's point total. Similarly, in the event of order cancellation, the points awarded for the purchase of the goods covered by that order are deducted from the Participant's point total.
- The accumulated points determine the Participant's placement in a specific group, which determines the level of discount granted to the Participant. The discount, during the period when the Participant meets the criteria for belonging to a particular group, is permanently assigned to the Participant's Account. When the Participant logs into the Organizer's B2B online sales platform, they are presented with prices for goods already discounted, subject to paragraph 1.11 below.
- The current point balance within a specific group and the number of points needed to advance to the next group can be checked by the Participant online at their account on the Organizer's B2B sales platform at any time.
- To highlight the benefits of participating in the Program for the Participant, the product list and the participant's account product card will include the "Standard Wholesale Price" and "Your Price" items. Additionally, in the Cart tab, the Organizer will provide information about the level of discount applicable to the Participant based on their group membership. The Participant will also receive information regarding the value of their previous orders and the difference in prices offered to the Participant based on their group membership.
- The discount granted by the Organizer is cumulative. Once the Participant exceeds the point level entitling them to a higher group in relation to their orders, a new, higher discount associated with the new higher group will be applied to the Participant's orders. The change in discount will apply to orders following the order that resulted in exceeding the point level.
- The qualification of Participants into specific groups at the start of the Program was based on the total net amount of Participants' orders in the previous fiscal year. The fiscal year is the same as the calendar year. The number of points due to the Participant at the start of the Program for the fiscal year in which the Program comes into effect was calculated based on the balance as of the day preceding the Program's entry into force.
- If the total number of points accumulated by the Participant for a given fiscal year of the Program is lower than the point threshold of the group the Participant previously belonged to, at the beginning of the next fiscal year, the Participant will be placed in a lower group corresponding to the total number of points accumulated by the Participant in the previous fiscal year.
- The discount granted according to the Regulations cannot be combined with promotions. In the event that the promotional price offered by the Organizer is lower than the price calculated with the discount, the promotional price will automatically be applied.
- The Organizer reserves the right to exclude certain goods offered by them from participation in the Program. No point value will be assigned to such products upon order fulfillment.
- The Organizer reserves the right to change the number of points assigned to a specific product, including conducting special, time-limited events where the number of points for a specific product is increased. Returning or canceling an entire order that includes goods for which the number of points has been changed will result in the deduction of the number of points calculated for the returned or canceled goods at the time the order was placed, regardless of the number of points applicable to that product at the time of return or cancellation of the entire order.
- Points cannot be exchanged for goods offered by the Organizer, nor can they be monetized in any way. The Participant may not trade or dispose of the points assigned to them
- Final provisions
- The Program Participant may withdraw from participation in the Program at any time. To do so, they should submit a statement of resignation to the Organizer. Resignation becomes effective upon receipt of the Participant's statement of resignation by the Organizer. Upon receipt of the Participant's statement of resignation, further discounts will no longer be granted.
- The Program Participant may be excluded by the Organizer from participating in the Program in the event of a violation of the provisions of the Regulations.
- The Organizer reserves the right to terminate the Program at any time. Information about the termination of the Program will be posted on the Participant's account at least 14 days before the termination of the Program.
- The Organizer is entitled to terminate the Participant's participation in the Program with immediate effect if the Participant has engaged in behavior contrary to good manners, abusing the rights arising from the Program, which could harm the Organizer.
- The Organizer reserves the right to amend the Regulations at any time. Information about the amendment to the Regulations will be posted on the website at https://b2b.gunfire.com/pl/Pages/Index?id=11, at least 14 days before the amendment takes effect.
- The Participant may submit their comments or observations regarding the course of the Program in writing, indicating and providing a detailed description of the subject of the comments or objections, the Participant's information, and signed by a person authorized to represent them, to the Organizer's address specified in point I.1.1. of the Regulations. All complaints will be considered within 30 days from the date of their receipt by the Organizer. The Organizer's decision regarding the complaint is final and binding.
- Any disputes arising from the performance of obligations related to the Program will be resolved by the court competent for the Organizer's registered office.
- In matters not regulated in the Regulations, the generally applicable provisions of Polish law shall apply.
- The content of the Regulations is available to Participants during the duration of the Program on their individual Participant account.