regulations

Download regulations

REGULATIONS OF OPTIBA.COM ONLINE PLATFORM AND PROVISION OF SERVICES BY ELECTRONIC MEANS ON OPTIBA.COM ONLINE PLATFORM BY ASERTO SP. Z O.O.

§ 1
General information, glossary

These Regulations of the OPTIBA.COM online Platform and the provision of services by electronic means are introduced pursuant to Article 8 of the Act of 18 July 2002 on the provision of services by electronic means by ASERTO z o.o. and defines:
1. the rules of use of the OPTIBA.COM online Platform,
2. the rights and obligations of the Service Provider and Users relating to the provision of Services by electronic means,
3. the principles of the Service Provider's liability for the provision of Services by electronic means,
4. the rules on the protection of personal data of users of the Services provided by electronic means,
5. the nature and extent of the Services provided by electronic means,
6. the terms and conditions for the provision of services by electronic means by the Service Provider,
7. terms and conditions for the conclusion and termination of the Contract for the provision of services by electronic means,
8. the complaint procedure for matters relating to the provision of services by electronic means.
The Service Provider shall make the Regulations available to the Users free of charge prior to the conclusion of the Agreement for provision of Services by electronic means, and also - upon their request - in such a way that enables the acquisition, reproduction and recording of the content of the Regulations by means of the ICT system used by the User. The User is not bound by those provisions of the Regulations which have not been made available to him/her in the manner described above.
The Service Provider shall provide the Services in accordance with the Regulations and the Privacy Policy.
Whenever the following terms are used in the Regulations they shall mean as follows:

- Regulations – these Regulations.

- Online platform– the online platform belonging to the Service Provider available at: https://optiba.com/, through which the Services are provided.

- Service Provider – ASERTO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at 7 Jana Wiktora Street, 36 - 100 Kolbuszowa, entered in the Register of Entrepreneurs of the National Court Register under NCR number 0000986895, TIN 8133707955, REGON 362396339, e-mail: info@optiba.com.

- Service Recipient – a natural person concluding a contract directly related to his/her business activity, when the content of the contract indicates that it does not have a professional character for that person, a natural person conducting business activity, a legal person or an organisational unit which is not a legal person but to which specific provisions grant legal capacity, using services provided electronically by the Service Provider.

- Means of electronic communication - technical solutions, including ICT devices and software tools interacting with them, enabling individual communication at a distance using data transmission between ICT systems, in particular via e-mail.

- Services – services provided electronically in accordance with these Regulations, i.e. the performance of a service which takes place by sending and receiving data via ICT systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, whereby the data is transmitted via public networks within the meaning of the Telecommunications Law.

- Price – the net value of the Product offered by the Service Provider.

- Contract for the provision of Services by electronic means – a contract the subject of which is the provision of Services by the Service Provider to the Users.

- User – a Service Recipient who meets the terms of the Regulations, who, by visiting the Site and accepting the Regulations, has gained access to Services provided electronically by the Service Provider. A logged-in User is a User who has created an account on the Platform. An Unlogged User is a User who has not created an account on the Platform.

- User Account – an individual account created for a specific User.

- Contact Form – a form completed by a User in order to obtain information about the Service Provider's activities, his/her offer, product availability and the scope of services provided by the Service Provider as part of its business activities.

- Privacy Policy – a document called "Optiba Platform Privacy Policy" containing provisions on the purpose, scope and manner of processing of personal data by the Service Provider, available on the Platform.

§ 2
Nature of the Platform. Scope of Services provided

These Regulations set out the terms and conditions for the use of the following services, which are services provided electronically:

a) Provision of information about the Products and Services offered.

b) Browsing of Products on the optiba.com online Platform - including possibility for the Service Receiver to browse Products with their descriptions on the optiba.com Platform by category, brand, with option to apply filters.

c) Provision of a Contact Form – his is free of charge contact provision of Service Provider to Service Receiver in order to contact the Service Provider via Platform to obtain information about the Service Provider's activities, his/her offer, Product availability and the scope of services provided by the Service Provider in the course of its business. The contact form is accessible from the optiba.com Platform homepage - via the "Contact" tab.

d) User Account – this is creation of an individual account established for a specific User. Creating an account requires the following data: personal data (name, surname), company data (TIN number, name, address, country, city, postal code), login information (e-mail address, password) and acceptance of the Regulations and Privacy Policy. The user has 48 hours from the moment of creating the account to confirm it. The User's account allows: visibility of prices, placing orders for Products available at https://optiba.com/ and according to offers prepared by the Service Provider for the User's enquiries, viewing the order history of the Products and the history of the User's enquiries as well as offers prepared for the User.

e) Request for proposal – making available to the Service Receiver/User 24/7 the possibility of submitting a "request for proposal" for a Product which does not have a specified price, delivery date or cost of delivery, made: through the Platform for logged-in Users as well as for non-logged-in Users and contacting the Service Provider in order to obtain information on the purchase conditions of the Product chosen by the User, in particular: price, delivery date, logistic costs, payment terms and others relevant to the conclusion of the contract. Detailed rules for making an "request for proposal" are set out in § 4 of these Regulations.

f) Product Order – enabling the Service Receiver/User to order a specific Product from the Order Basket on the Platform, both for the logged-in User and the non-logged-in User. A Product may be added to the Order Basket from the product database that is available on the Site (accessible only to the logged-in User) or by pressing the "Activate Offer" button from the email with and offer.

g) Purchase of a Product – including possibility of purchasing a selected Product made available by the Service Provider. The purchase is only possible from the level of the Order Basket on the Platform.
The User's ability to use the Services available on the Platform on the basis of these Terms of Use is conditional on having computer equipment or another data communication device equipped with an up-to-date operating system, together with an up-to-date web browser enabling the opening of web pages with JavaScript and other similar technologies enabled, and having an active electronic address (e-mail). Failure to provide or to provide an outdated or non-existent e-mail address shall justify the Service Provider's refusal to provide the Service.
Contract for the provision of Services by electronic means consisting of:

a) the possibility of submitting a "request for proposal" and contacting the Service Provider in order to obtain information on the purchase conditions of the Product selected by the Service receiver/User, in particular: price, delivery date, logistics costs, payment terms and other relevant from the point of view of concluding a contract by sending an enquiry is concluded at the moment of commencement of use of the above service - it is concluded for a fixed period of time and is terminated upon receipt of a response from the Service Provider.

b) the provision of a "Contact Form" enabling contact with the Service Provider is concluded at the beginning of the use of the above service (sending the Contact Form) when the User clicks the "Send" button - is concluded for a limited period of time and is terminated as soon as the Service Provider replies.

c) purchase of a Product - it is concluded for a limited period of time and is terminated when the Service Provider completes the order.
As soon as the User starts using the Services, a Contract for the provision of Services by electronic means is concluded between the User and the Service Provider.
By accepting the Regulations, the User declares that he/she agrees to be bound by the provisions of these Regulations.

§ 3
Rights and obligations of the Parties

The Service Provider undertakes to provide the Services continuously and without interruption. At the same time, the Service Provider reserves the right to temporarily discontinue the provision of Services due to maintenance activities or in connection with the modification of the Platform.
The Service Provider shall inform the User of the temporary cessation of the Services for the aforementioned reasons by means of a message posted on the Platform, indicating the expected duration of the aforementioned obstacles to the Services.
The service provider reserves the right to:

to discontinue the provision of services in the event of non-compliance with the Regulations or in the event that effective provision of the services is not possible through the fault of the User,
to block access to Users' resources containing content which is contrary to the law, morality or the legitimate interests of the Service Provider, in the event that the Service Provider becomes aware of reasonable information in this regard.

Intellectual property rights to the content posted on the Platform belong exclusively to the Service Provider, unless otherwise indicated. Copying the content provided by the Service Provider on the Platform for commercial purposes without the prior written consent of the Service Provider is prohibited.
Not allowed:

-the provision of unlawful content by the User and their use of the Services on the Platform in a manner contrary to the law, good morals, infringing the personal rights of third parties or the legitimate interests of the Service Provider,

-provision by the User of content that contains virus software or other computer code, files or program designed to interfere with, destroy or limit the functionality of any software or hardware or telecommunications equipment,

-provision by the User of content that contains any advertising, promotional material, "junk mail", "spam", "chain letters", "financial pyramid schemes" or any other form of solicitation.

§ 4

Request for proposal

UThe contract for the provision of the "Request for Proposal" service is concluded at the time of commencement of the above service. The contract is concluded for a fixed period of time and is terminated as soon as a response is received from the Service Provider. A Request for Proposal can be made by:
1. User logged in and then follows the rules below:
  
  - The User can add products to the enquiry basket in two ways: by entering the product catalogue card and selecting the "Enquire" option or by pressing the "Renew enquiry" button from the "My enquiries/offers" panel.
  
  - Sending a request for proposal is done from the level of the enquiry basket.
  
  - before sending request for proposal, the User is obliged to give their consent to the processing of their personal data for the purpose of the commercial process.
  
  - before sending request for proposal, the User is obliged to accept the content of the Regulations for the provision of services by electronic means and the Privacy Policy.
  
  - after sending request for proposal, the Service Provider shall prepare an offer for the Products included in the enquiry within 2 working days. The time for presenting the offer may be extended.
  
  - An email confirming the submission of an enquiry is a confirmation of the enquiry
  
  - If the offer is made by the Service Provider, the User shall receive an e-mail notification that the offer has been added to the User's account on the Platform, together with the attached offer in PDF form. The User may add the offer to the Order Basket by pressing the "Activate offer" button from the email received.
2. If the user is not logged in, this takes place according to the following rules:
  
  - the user selects the products to be inquired about, which is done by adding the products to the enquiry basket.
  
  - the sending of the enquiry is carried out from the basket of enquiries.
  
  - before sending the enquiry, the User is obliged to provide the data necessary for the preparation of an offer, i.e.: company data (Taxpayer Identification Number, name, address, country, city, postal code) and customer data (name, surname, e-mail address).
  
  - Before sending an enquiry, the User is obliged to give their consent to the processing of the personal data they provide for the purpose of the commercial process.
  
  - pbefore sending an enquiry, the User shall be obliged to accept the content of the Regulations for the provision of services by electronic means and the Privacy Policy.
  
  - after sending an enquiry, the Service Provider shall prepare an offer for the Products included in the enquiry within 2 working days. The time for presenting the offer may be extended.
  
  - An email confirming the submission of an enquiry is a confirmation of the enquiry
  
  - If an offer is made by the Service Provider, the User shall receive a message with a commercial offer to the e-mail address provided during the submission of the enquiry in the Enquiry Basket, together with the attached offer in PDF form. The User can add the offer to the Request Basket by pressing the "Activate offer" button from within the received email.
The service provider reserves the right to discontinue the Enquiry service at any time.

§ 5

Contact form

UThe contract for the provision of the Contact Form service is concluded for a limited period of time, is free of charge and is terminated as soon as the response to the Service Receiver's enquiry submitted via the contact form has been sent.
The contact form is available to Users from the optiba.com Platform homepage - via the "Contact Us" Button located in the top menu of the website.
The conclusion of the contract for the provision of the Contact Form service occurs when the User clicks the "Send" button.
The conclusion of the contract for the provision of the Contact Form service requires the User to take action by filling in the fields of the contact form, located in the "Contact" tab, by indicating the following data:

- roviding first and last name (mandatory), e-mail address (mandatory), telephone number (optional), VAT number (optional),

- providing the message content,

- zaccepting the Regulations by ticking the checkbox which reads: "I consent to the processing of the personal data I have provided for the purpose of the commercial process" and "I accept the Regulations for the provision of electronic services and the Privacy Policy".
The Service Receiver's performance of the steps indicated in section 4 above is tantamount in particular to:

- the User's consent for the Service Provider to provide the Contact Form service electronically,

- consent by the Service Recipient to the processing of his/her personal data by the Operator within the meaning of art. 4 (11) RODO in order to provide the Contact Form service in accordance with the principles provided for in RODO, in particular Article 7 RODO.
The user has the right to cancel the Contact Form service before receiving a response to their enquiry.
Cancellation of the Contact Form service consists of sending a statement to the Service Provider from the electronic address (e-mail) that was submitted in the Contact Form to the electronic address (e-mail):: info@optiba.com.

The Service Provider reserves the right to discontinue the Contact Form service at any time.

§ 6

Ordering the product

The User (logged in and not logged) can place an order from the Order Basket. Adding products to the basket can be done by selecting products from the catalogue of products available on the website (only available to the logged-in User) or through a prepared offer. The offer is sent in an email with a link to activate it. In addition, the logged-in User can add products to the basket via the "My enquiries/offers" panel.
After accepting the commercial conditions of the offer presented, the User may place an order for the selected Products according to the minimum and maximum stocks indicated. When ordering products from the catalogue of products available on the website, the User may place an order in the case of the following data indicated together: price, term and cost of delivery. Orders may be placed according to available stock states.
Transport costs are determined individually for each offer, but are calculated automatically when ordering Products from the catalogue. Information on the final transport cost is always found in the Order Basket.
The order is made from the basket, which contains information on costs, shipping and payment methods.
Placing an order is divided into three stages: "Basket Verification", "Order Details" and "Summary":

a) "Basket Verification" consists of the User verifying the terms and conditions, and may also enter their own order number (optional).

b) "Order data" consists of the User selecting the subject of the order, completing the billing address, the Customer's details and the shipping address. For the logged-in User, the billing address and the Customer's data are automatically taken from the User's account and cannot be edited (except for the telephone number). When the "Order" button is pressed, the order is placed.

c) "Summary" consists of generating an order number, a hyperlink to the "My orders" panel and information about the need to pay for the order on the basis of a proforma invoice.
Once an order has been placed, a confirmation of the order is sent to the User's e-mail address. Confirmation of acceptance of the order is sent to the User once payment has been credited by the Service Provider.
Payment for the order is made in accordance with the terms and conditions set out in the offer and visible in the basket. In the case of a prepayment made on the basis of a pro-forma invoice, the Service Provider shall proceed to its execution after the booking in its account of the amount which is in accordance with the submitted offer in terms of value.

§ 7

Withdrawal from the contract

A natural person who enters into a contract directly related to his or her business activity, when it is apparent from the content of the contract that it does not have a professional character for that person, has the right to withdraw from the sales contract made by ASERTO via online platform without giving any reason.
In order to withdraw from the contract, the aforementioned User should submit a statement of withdrawal to ASERTO at the address: Aserto sp. z o.o., 7 Jana Wiktora Street 36-100 Kolbuszowa or by e-mail to: info@optiba.com.
The user indicated in section 1 may use the model withdrawal form, which constitutes Annex No. 1 to the Regulations. However, the use of the model withdrawal form is not obligatory.
A model withdrawal form, together with information on the exercise of the right of withdrawal, including instructions on the right of withdrawal (constituting Annex No. 2 to the Regulations), is sent by ASERTO to the abovementioned User each time, together with confirmation of acceptance of the order for execution, in the form of an e-mail to the address provided by the User when placing the order.
Sending the declaration before the expiry of the 14-day period is sufficient to comply with the 14-day period.

§ 8
Protection of personal data

The Service Provider shall process the User's personal data necessary for the establishment, shaping of the content, modification, execution or termination of the Agreement for the provision of Services by electronic means by the Service Provider and for the proper implementation of the Services, as defined by these Regulations, using the personal data necessary for this purpose.
The detailed provisions governing the processing of personal data by the Service Provider are indicated in the Privacy Policy, which is made available on the optiba.com Online Platform.

§ 9
Liability

The user is fully responsible for any breach of the law or damage caused by their actions on the Platform, including, in particular, damage caused by the provision of false data, the disclosure of professional secrets or other confidential information, copyright and related rights.
Furthermore, the Service Provider shall not be liable for:

- any damage caused to third parties as a result of the Users' use of the Services in a manner contrary to the Regulations or the law,

- loss of data by the User caused by external factors (e.g. system, hardware, software failures), which the Service Provider could not prevent with due diligence,

- information and materials downloaded and sent via the Internet by Users, with the exception of information and materials downloaded and sent via Platform,

- non-compliance by Users with the Regulations,

- disruptions to the operation of the Platform caused by Users' incorrect use of the Platform.

§ 10
Complaints procedure

The User has the right to make a complaint about the functioning of the Platform. Complaints should be submitted to the following email address: reklamacje@aserto.pl.
The complaint should contain at least the following details:

- the exact designation of the reporting User (first name, surname, company name, correspondence address, e-mail address),

- subject of the complaint,

- circumstances justifying the complaint.

JIf the complaint does not contain the data referred to in paragraph 2 above or contains incomplete, incorrect or untrue data, the Service Provider will call on the User submitting the complaint to complete the information by the specified deadline. The Service Provider stipulates that the lack of a complete complaint notification makes it impossible to consider the complaint until it is completed.
A complaint submitted by the User will be dealt with immediately, but no later than within 14 days of its submission.
The response to the complaint shall be sent to the e-mail address provided by the User and, in the event that the complaint is received by post, to the User's address provided as the address for correspondence.

§ 11
Conclusion and termination of the Contract

The contract for the provision of Services by electronic means is concluded as soon as the Service Recipient starts using the Service.
The contract for the provision of Services by electronic means shall terminate upon termination by either Party.
The Service Receiver has the right to terminate the Agreement for the provision of electronic services by ceasing to use the Platform.

§ 12
Amendment of the Regulations

he Service Provider reserves the right to amend the Regulations without giving reasons and without prior notice to the Service Receiver of the planned changes.
The Service Receiver will be informed of changes to the applicable Regulations by the publication of a list of such changes on the online platform https://optiba.com
and the publication of the current version of the Regulations on the platform.
The Service Receiver's continued use of the Services after being informed of the changes to the Regulations will be deemed to be acceptance of the new wording of the Regulations.
The discontinuation of use of the Services by the Service Receiver after he/she has been informed of the changes to the Regulations will be deemed to be a refusal to accept the new wording of the Regulations and thus an abandonment of the services provided thereunder.

§ 13
Final provisions

These Regulations are made available via the online platform internetowej https://optiba.com in a form that allows it to be reproduced, downloaded, saved and printed.
The User agrees to receive invoices from the Service Provider in electronic form, each time issued for the subject of the concluded Contract, to the e-mail address provided by the User when placing the order.
The Regulations and the Contracts for the provision of Services by electronic means shall be governed by Polish law.
The provisions of generally applicable Polish law, in particular the Act of 23 April 1964 Civil Code, the Act of 30 May 2014 on consumer rights, the Act of 18 July 2002 on the provision of services by electronic means and other relevant provisions of generally applicable law shall apply to matters not regulated in these Terms and Conditions.
The Privacy Policy forms an integral part of these Regulations.
The annexes indicated in the body of these Rules form an integral part thereof.
Any disputes arising under the Regulations or Contracts for the provision of electronic services will be settled by a common court with jurisdiction over the Service Provider's registered office.
The Regulations shall enter into force on the date of their posting on the website https://optiba.com with effect from 11.11.2022.

Annex 1

MODEL WITHDRAWAL FORM:

(this form must be completed and returned only if you wish to withdraw from the contract)

Seller/Addressee:

Aserto sp. z o.o.

7 Jana Wiktora Street, 36-100 Kolbuszowa

The name of the natural person entering into a contract directly related to his or her business activity, when it is clear from the content of that contract that it is not of a professional nature for that person:

_____________________________________________________________________________________________________________________________________________________________________________________________

Address:_______________________________________________________________________________________________________________________________________________________________________________________

I/We* the undersigned hereby give notice of my/our* withdrawal from the contract for the purchase of the Product(s):

_____________________________________________________________________________________________________________________________________________________________________________________________

At the same time, for the sole purpose of efficiently identifying my/our* contract:

I/we provide* my order number: _______________________ and/or the e-mail address through which I log in to the ASERTO Service

* I/We agree that ASERTO may send an acknowledgement of receipt of this letter of withdrawal by e-mail to the following e-mail address: ________________________________________

* I/we do not consent to ASERTO sending an acknowledgement of receipt of this letter of withdrawal by e-mail.

Date of contract conclusion/acceptance:__________________________

Place and Date: ___________________________________

Signature: _____________________________________________

* delete as appropriate

Annex 2

INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

WITH INSTRUCTIONS ON THE RIGHT OF WITHDRAWAL

Right of withdrawal

A natural person who enters into a contract directly related to his or her business activity, where it is clear from the content of the contract that it is not of a professional nature for that person, has the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period expires 14 days after the conclusion of the contract (in the case of the delivery of electronic content).

In order to exercise your right of withdrawal, you must inform ASERTO sp. z o.o. of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).

Please send the information to the following details: dane:

Aserto sp. z o.o.

7 Jana Wiktora Street
36-100 Kolbuszowa

e-mail: info@optiba.com

You may use the model withdrawal form, but this is not obligatory.

If you make use of this option, we will immediately send you an acknowledgement of receipt of your notice of withdrawal on a durable medium (by e-mail).

In order to comply with the withdrawal period, it is sufficient for you to send your information concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of normal delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with this refund.