GENERAL TERMS AND CONDITIONS OF EVOLUTION HOME B2B PLATFORM

TABLE OF CONTENTS:

1. GENERAL TERMS

2. SERVICES ELECTRONIC SERVICES IN THE B2B PLATFORM

3. TERMS AND CONDITIONS CONCLUDING SALES AGREEMENT

4. WAYS AND TERMS OF PAYMENT FOR THE PRODUCT

5. COST, WAYS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT

6. COMPLAINTS 7. PROVISIONS CONCERNING ENTREPRENEURS

8. FINAL TERMS

1. GENERAL TERMS

1.1. Online platform available at the Internet address www.evolutionhome.pl is run by Evolution Home Wojciech Kosmowski in Świebodzin, Zachodnia 43; VATIN: PL9271888410.

1.2. These Regulations are addressed to Entrepreneurs using the B2B platform who created professional account.

1.3. Administrator of personal data processed in connection with the implementation of these Regulations these Regulations is the Service Provider. Personal data are processed for the purposes of extent and based on the principles indicated in the privacy policy published on the pages of the B2B platform. Provision of personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to review their content and the right to update and correct them.

1.4. Definitions:

1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION - a form available in the B2B platform that allows you to creation of an Account.

1.4.3. ORDER FORM - Electronic Service, an interactive form available in the B2B platform allowing to place an Order. B2B platform that allows placing an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER - Entrepreneur who has concluded or intends to conclude a Sales Agreement with the Seller

1.4.5. ENTREPRENEUR - natural person making a legal transaction directly related to his/her business or professional activity, a legal person or an organizational unit organizational unit without legal personality, which is  granted legal capacity by the law.

1.4.6. ACCOUNT - Electronic Service designated by an individual name (login) and password provided by the Customer, a set of resources in the Service Provider's electronic system, in which the data provided by the Service Provider are collected.

1.4.7. PRODUCT - a movable item available at the B2B platform which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.8. REGULATIONS - regulations of the B2B platform.

1.4.9. B2B platform - Provider's wholesale platform available at the Internet address: evolutionhome.pl.

1.4.10. SELLER - Evolution Home Wojciech Kosmowski with registered office in Świebodzin, Zachodnia 43; VATIN: PL9271888410.

1.4.11. SALE CONTRACT - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the B2B platform.

1.4.12. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer  via the B2B platform.

1.4.13. ORDER - Customer's declaration of will placed electronically on B2B platform and aimed directly at concluding a Product Sales Agreement with the Seller.

2. SERVICES ELECTRONIC SERVICES IN THE B2B PLATFORM

2.1. B2B platform the following Electronic Services are available: Account, Order Form.

2.1.1. Account - Using the Account is possible after completing two consecutive steps together by the Customer:

(1) completing the Registration Form. In the Registration Form, it is necessary to provide the following data of the Client: first and last name and company name, e-mail address and password.

(2) Clicking the "Register" field.

2.1.1. Service Electronic Account is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@evolutionhome.pl.

2.1.2. Order Form - the use of the Order Form begins at the moment of Service Recipient adds the first Product to the electronic shopping cart in the B2B platform. Placing of the Order takes place when the Customer a total of two consecutive steps:

(1) after completing the Order Form and

(2) clicking on the page of the B2B platform after filling in the Order Form the field marked with the content "Place order" - Up to this point it is possible to modification of the entered data on your own for this purpose, you should be guided by messages displayed and information available on the  website of the B2B platform). From that moment on, the Customer, in the light of the Terms and Conditions, becomes a Customer. Order Form it is necessary for the Customer to provide the following data concerning the Customer: name and company name, address (street, house number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product/s, quantity of the Product/s, place and method of delivery of the Product/s, method of payment.  In the case of Customers who are Entrepreneurs, it is also necessary to provide their company name and Tax Identification Number (VATIN).

2.1.2.1. Electronic Order Form is provided free of charge and has a one-time nature and is subject to termination at the moment of placing an Order through it or when the Customer discontinues placing an Order.

2.2. Technical requirements necessary for cooperation with the data communications system used by theService Provider uses:

(1) Computer, laptop or other multimedia device with access to the Internet access

(2)enabling cookies and Java script support.

2.3.The Customer is obliged to use the B2B platform in a manner consistent with the law.

2.3.The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties' copyrights and intellectual property. The Client is obliged to enter data in accordance with the facts. The Client is prohibited to provide content of an unlawful nature.

2.4.Mode complaint procedure:

2.4.1.Complaints related to the provision of Electronic Services by the Service Provider and other Complaints related to the operation of the B2B platform (excluding the procedure of complaint of a Product complaint procedure, which is indicated in point no. 6 of the Regulations) the Customer may submit:

2.4.2. Clectronic form via e-mail to the address: info@evolutionhome.pl;

2.4.3. It is recommended that the Service Recipient provide in the description of the complaint:

(1) information and circumstances concerning the subject of the complaint, in particular type and date of occurrence of irregularities;

(2) Service Recipient request;

(3) contact  data details of the complainant - this will facilitate and accelerate processing of the complaint by the Service Provider.

The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

2.4.4. The Service Provider shall respond to the complaint immediately, but not later than within 14 calendar days from the date of its submission.

3. TERMS AND CONDITIONS CONCLUDING SALES AGREEMENT

3.1.The conclusion of the Sales Agreement between the Client and the Seller takes place after the prior placing an Order by the Customer using the Order Form in the B2B platform in accordance with point no. 2.1.2 of the General Terms and Conditions.

3.2 Price of the Product shown on the website of the B2B platform is given in EUR (euro) and includes taxes. About the total price including taxes (when Client is logged in the price might be shown excluding VAT tax) of the Product being the subject of the Order, as well as about the costs of delivery (excluding fees for transportation, delivery and postal services) and other costs, and when the amount of these charges cannot be the amount of these charges can be determined - about the obligation to pay them, the Customer is informed on the pages of the B2B platform during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

3.3.Procedure to conclude a Sales Agreement in the B2B platform using the Order Form.

3.3.1.Conclusion of Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Shop by the Customer of the Order in the B2B platform in accordance with item. 2.1.2 of these Regulations.

3.3.2. After placement of the Order, the Seller shall immediately confirm its receipt. After verification of the order, the Seller may accept the order for execution or reject it. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer the appropriate e-mail message to the e-mail address provided during the placement of the Order Customer's e-mail address, which contains at least the Seller's statements of receipt of the Order and its acceptance for execution, as well as confirmation of conclusion of the Sales Agreement. At the moment the Customer receives the e-mail message about acceptance of the Order for execution, a Sales Agreement is concluded between Customer and the Seller.

3.3.3. In case the delivery fee cannot be calculated automatically it will be provided by the sales member after confirming the selected items and their quantity.

3.4.Recording, securing and making available to the Client the content of the concluded Sales Agreement takes place through

(1) making these Terms and Conditions available on the website of the B2B platform, and

(2) sending the Customer the e-mail message referred to in item. 3.3.2. of the Regulations.

4. WAYS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:

4.1.1.Payment by bank transfer to the Seller's bank account.

4.1.2. Electronic payment and credit card payments through PayU.pl service. Current payment methods are specified on the website of the B2B platform.

4.1.3.1.Settlement of electronic payment and payment card transactions are carried out according to the Customer's choice through PayU service. Handling of payments electronic payment and payment card is carried out by:

4.1.4.1.1. Dotpay S.A., seated in Cracow (ul. Wielicka 72, 30-552 Cracow), entered to the register of entrepreneurs kept by the District Court Kraków-Śródmieście Krakow, XI Economic Department of the National Court Register, NIP 6342661860, EU NIP PL6342661860, REGON 240770255 and share capital of PLN 4,000,000.00.

4.2.Payment term:

4.2.1. case of selection by the Customer, payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

5. COST, WAYS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT

5.1.Delivery The Product is available in the territory of Europe.

5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The costs of collection and delivery of the Product (including transportation, delivery and postal services) are indicated to the Customer on the pages of the Online Shop in the "Delivery Costs" tab and when placing an Order, including at the the moment the Customer expresses his/her will to be bound by the Sales Agreement.

5.3.The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.3.1.Parcel Courier delivery, cash on delivery.

5.3.2.Parcel pallet shipment.

5.3.3. Personal collection

5.4. Product delivery to the Customer depends on the availability of the product visible on the on the product card and may be from 24 hours. In the case of placing an order for a Product with different  delivery dates, the delivery date is the the longest term specified. The beginning of the deadline for delivery of the Product to the Customer is calculated as follows:

5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment electronic or payment card payment - from the date of crediting the account bank account or the Seller's settlement account.

5.4.2.

In case of selection by the Customer of a product, which will be manufactured only after the placing an order by the Customer - from the date of crediting the bank account or settlement account of the Seller with the amount Seller's settlement account with the amount representing the advance payment.

6.COMPLAINTS

6.1. The basis and scope of the Seller's liability to the Customer if sold Product has a physical or legal  effect (warranty) are defined by generally applicable provisions of law, in particular the Polish Civil Code.

6.2. A complaint may be filed by the Customer in accordance with the applicable provisions of the Civil Code.

6.3 It is recommended the Customer to specify in the description of the complaint:

(1) information and circumstances concerning the subject of the complaint, in particular

the type and date of occurrence of the defect;    

(2) requests for manner of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement Sale Agreement;             

(3) contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Seller.                                     

The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.4.The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means that the Seller recognized the complaint as justified.

7. PROVISIONS CONCERNING ENTREPRENEURS

7.1. Section 7 of the Terms and Conditions in its entirety applies only to Customers and Service Recipients who are Entrepreneurs.

7.2. The Seller has the right to withdraw from the Sales Agreement within 14 days calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims on the part of the Customer not being a consumer any claims against the Seller.

7.3. The Seller has the right to limit the available payment methods, including requiring prepayment of prepayment in full or in part and this regardless of the payment method selected by the Customer payment method and the fact of concluding a Sales Agreement.

7.4. At the moment of release of the Product by the Seller to the carrier the benefits and burdens associated with the Product and the Customer are transferred to the Seller and burdens associated with the Product and the danger of accidental loss of or damage to the Product. The Seller in such case shall not be liable for loss, defect or damage to the Product occurring from its acceptance for transport until it is released to the Customer, as well as for the delay in transportation of the shipment.

7.5.In the event shipment of the Product to the Customer via a carrier, the Customer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that during transport there was a loss or damage to the Product, he/she is obliged to perform all actions necessary to determine the carrier's liability.

7.6. In accordance with Article 558 § 1 of the Polish Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

7.7.The liability of Seller to the Buyer, regardless of its legal basis, is limited - both for a single claim, as well as for all claims in the aggregate - to the amount of the paid price and delivery costs under the Sales Agreement but no more than the amount of one thousand PLN. The Seller shall be liable in towards the Buyer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost benefits in relation to the Buyer.

7.8.Any disputes arising between the Seller/Service Provider and the Customer/Buyer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider

7.9.All agreements between Evolution Home and Buyer are subject to the laws of the Poland.

8. Final terms

8.1. The version that is binding is the latest version published on www.eichholtz.com at the time the agreement is entered into.

8.2. If any provisions in these general terms and conditions are void or revoked by the courts, the remaining provisions remain in force. Evolution Home and Buyer shall negotiate substitute provisions that are in line with the original provisions in terms of purpose and scope.