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Regulations of JM elektronik b2b portal

Customer Portal Regulations (CPR) 

Regulations for the use of the JM elektronik Internet Customer Service Portal (IPOK) v2.0 of 29.01.2020  

effective from 01.02.2020 

 

§ 1 Preliminary provisions 

1.1 The Rules determine the rules of using the Portal, and in particular the rules and procedures for setting up accounts and subaccounts, as well as placing orders and concluding sales agreements with the Client through the Portal. 

1.2 The Portal is available at: www.jm.pl. The owner of the Portal is JM elektronik Sp. z o.o. based in Gliwice, Poland. The contents of the website are for information purposes only and do not constitute an offer within the meaning of the Civil Code. Company names and trademarks used on the website are the property of these companies. 

1.3 The provisions of the General Terms and Conditions of Sale in transactions with entrepreneurs, effective as of 13.11.2019, shall apply to the sales agreement in matters not regulated. (hereinafter referred to as: GTsCs), made available to the Client - Buyer prior to the conclusion of the Contract by placing in electronic form on the JM website electronic at www.jm.pl in the bookmark: Terms→Conditions of Cooperation/ Claims→General Terms and Conditions of Sale in Transactions with Entrepreneurs (GTsCs). The Client-Customer declares that he has familiarized himself with the content of GTsCs before the conclusion of the Agreement, and making the GTsCs available to the Client-Customer in this way allows him to store and reproduce GTsCs in the normal course of activities.   

 

§ 2 Definitions 

  • a) Registration form - a document completed by the Client during account registration on the Portal; 
  • b) JM elektronik or Seller - JM elektronik Sp. z o.o. with its registered office in Gliwice, ul. Karolinki 58, 44-100 Gliwice, NIP 6312645365, REGON 242895943, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS number 0000416117, with a share capital of PLN 1,000,000.00; 
  • c) Client or Buyer - entrepreneur within the meaning of the Civil Code registering an account on the Portal; 
  • d) Account - an individual account of the Customer, allowing for placing an order, concluding a sales contract, viewing the history of orders and settlements; 
  • e) Cart - selection of products and ordered quantity; 
  • f) Authorized person - a person acting in the name and on behalf of the Customer, authorized to place orders and to conclude sales agreements with suppliers, as well as to access the Portal, including browsing the history of orders and settlements of the Customer; 
  • g) Portal or IPOK - a system enabling orders to be placed and sales agreements to be concluded between registered Clients and JM elektronik via the Internet at www.jm.pl, as well as browsing the history of Client's offers, orders and settlements; 
  • h) Sub-Account - creation by the Customer, who has an Account, of access for an employee authorized by him/her to use the Portal, including concluding a sales agreement with JM elektronik; 
  • i) Order - a document specifying the specification of products purchased by the Customer; 
  • j) Order confirmation - confirmation by JM elektronik of acceptance of an order placed by or on behalf of the Customer, made within 3 working days from the date of placing the order at the postal address of the person placing the order. The confirmation is equivalent to concluding a Sales Agreement between the Client and JM elektronik. The order confirmation may be replaced by delivery of the ordered products within the same period. The contract is concluded at the moment of delivery of the ordered products to the Buyer. 

 

§ 3 Technical requirements 

3.1 In order to create an Account or Sub-Account, including viewing the status of the Order and the history of Orders, it is necessary: 

  •      (a) Terminal devices with Internet access and a Google Chrome type web browser, 
  •      (b) an active electronic mail account (e-mail), 
  •      (c) cookies are enabled, 
  •      (d) FlashPlayer and Adobe Reader installed. 

3.2 Contact details in case of technical problems concerning the Platform: ipok@jm.pl. 

 

§ 4 General information 

4.1 Viewing the products offered in the Portal does not require an Account registration. 

4.2 Placing an Order requires the Customer to register an Account in the Portal or after logging in to a previously registered Account or Sub-Account. 

4.3 Prior to registration, the Customer is obliged to read the GTS and the Rules of the JM elektronik Portal and accept them. The provisions of the above documents are binding on the Client. 

4.4 The Client may agree to marketing activities in the form of receiving information in electronic form to the indicated e-mail address about current promotions and offers of JM elektronik. 

4.5 JM elektronik shall not be liable for any interruptions, including interruptions in the functioning of the Portal caused by force majeure, unauthorized actions of third parties or incompatibility of the Portal with the technical infrastructure of the Client. 

 

§ 5 Registration of an Account on the Portal 

5.1 The client clicks the "Login" icon, then "Register", and fills in the registration form. 

5.2 In the registration form, the Customer is required to indicate: 

  •      (a) the company name, 
  •      (b) address and registered office, 
  •      (c) the VATID number (where applies), 
  •      (d) e-mail address, 
  •      (e) a contact phone number, 
  •      (f) name and surname of the person authorized to place orders on the Portal. 

5.3 Next, the Client reads and accepts the GPRD information clause, GTsCs and Customer Portal Regulations by marking the appropriate check boxes. Failure to mark any of the checkboxes makes it impossible to register the Client on the Portal. 

5.4 The person registering on behalf of the Customer by ticking the appropriate check-boxes declares that he is authorized to register an account on the Portal, place orders on behalf of the Customer and conclude sales agreements, and view the history of Orders and settlements. Lack of marking the checkbox makes it impossible to register the Client on the Portal. 

5.5 In order to complete the registration process, the Client clicks on the "Register" icon. 

5.6 After receiving the registration application, JM elektronik sends the Client a login and a link enabling him/her to establish his/her own password and log on to the Portal.  

5.7 The Client is obliged to set a password, which shall consist of : 

  •      (a) at least 8 characters, 
  •      (b) upper and lower case letters, 
  •      (c) at least one digit, 
  •      (d) at least one special mark. 

5.8 JM elektronik shall not be liable for the consequences of unauthorised use of the Client's login and password by third parties or unauthorised persons.  

 

§ 6 Sub-account registration on the Portal and its deletion 

6.1 The Customer, within the framework of his Account on the Portal, may create a Sub-Account for a person authorized to make orders and purchases on the Portal. 

6.2 The Sub-Account is integrated with the Customer's Account. 

6.3 Orders and purchases made by an authorized person from the Sub-Account are considered as made in the name and on behalf of the Customer. 

6.4 JM elektronik is not responsible for a purchase or order made by a person without an authorization, if it was placed from the Sub-Account. 

6.5 In order to add a Sub-Account, after logging into the account, select the "List of Sub-Accounts" tab and then select "Add" and fill in the registration form for the Sub-Account indicating data: 

  •      (a) first and last name of the authorized person, 
  •      (b) e-mail address. 
  •      (c) telephone number 

6.6 After receiving a Sub-account registration application, JM elektronik sends to the e-mail address of an authorized person a login and a link enabling setting a password and logging in to the Sub-account on the Portal.  

6.7 In order to delete Sub-Account, after logging in to the Account, one should choose the "List of Sub-Accounts" tab, and then next to the given Sub-Account choose the trash bin icon. 

6.8 Deleting the Sub-Account does not delete the history of orders and purchases made by the Sub-Account, visible on the Customer's account. 

6.9 The Customer is responsible for updating the personal data of persons authorized to make orders and purchases in the Portal, as well as for updating the list of persons having Sub-Accounts in the Portal.  

 

§ 7 Changing the Customer's data, regaining access to the Account/Sub-Account 

7.1 The Client may change the password to the Portal at any time, in the "My Account" tab. 

7.2 In case the Customer does not remember the password for the Account or Sub-Account, the Customer may start the process of password recovery for accessing the Account or Sub-Account. In such a case, the Customer shall select the "Remind password" button on the login page. After selecting this option, enter the email address assigned to the Account/Sub-Account to which a link to change the password will be sent. The Customer is obliged to establish a new password in accordance with the requirements, as in the case of account registration. 

 

§ 8. The Client's account on the Portal 

8.1 After the Client logs in to the "My Account" area of the Portal, there are tabs in the left panel: 

  • a) My account - allowing to change data, 
  • b) List of subaccounts - a list of all records of subaccounts connected with the account and an option allowing the Customer to add or remove subaccounts for persons authorized to make orders and purchases on behalf of the Customer, 
  • c) Orders - open and closed orders with order number, type of order, customer order number, date of creation, date of execution, person introducing, net value and gross value,  
  • d) Invoices - a list of invoices generated in connection with making purchases by the Customer and the possibility to download an invoice in PDF format, 
  • e) Payments - the status of the Customer's payments in connection with making purchases by the Customer and the indication of the payment status and date of its execution, 
  • f) Offers - list of quotations presented in response to the Client's inquiry to JM elektronik, confirmed tenders and tenders realized by JM elektronik, 
  • g) Temporary carts - carts to which products have been added by the Customer, but the order process has not been completed by the Customer, 
  • h) Log out - allows the Client to log out of the JM elektronik Portal. 

8.2 In case of violation of the rules of JM elektronik Regulations, JM elektronik has the right to immediately block the login and password granted to the Client. Blocking access to the Portal does not release the Client from the satisfaction of claims against JM elektronik. 

 

§ 9 Rules for placing an order 

9.1 You may place an Order only after logging in to your Account or Sub-Account. 

9.2 Due to the use of prices per unit of measurement of sales other than one piece and roundings, prices after the cart conversion may slightly differ from those resulting from their direct conversion by price x quantity method. The binding amount appears in the shopping cart. 

9.3 The Customer places an order by adding a given product located on the Portal to the shopping cart and indicating its quantity, and then selecting the "Fulfill Order" icon. 

9.4 Next, the Client indicates the method of delivery, the method of payment and places any comments on the order for JM elektronik. 

9.5 After placing an order, the Customer receives an automatic e-mail summarizing the Order placed, and the "Order" document is generated on the Portal together with the Order number, which is available in the "Orders" tab. The following information is included in the details of the Order: 

  •      (a) list of ordered products, 
  •      (b) the order number, 
  •      (c) the type of contract, 
  •      (d) Customer's order number, 
  •      (e) the date of establishment, 
  •      (f) the deadline for implementation, 
  •      (g) payment, 
  •      (h) the method of delivery, 
  •      (i) the delivery address 
  •      (j) comments. 

9.6 The order placed requires confirmation by JM elektronik. JM elektronik may make the execution of an order dependent on the Customer's confirmation of the submitted order by his account manager. 

9.7 After confirmation of the order, a proforma invoice for payment is generated. The list of all  invoices is available in the "Invoices" tab, which contains all the Client's invoices regardless of the method of order placement. 

9.8 The terms and conditions of sale, including terms of payment, delivery, product liability terms and conditions are set out in the document "General Terms and Conditions of Sale in Transactions with Entrepreneurs (GTsCs), which is available at www.jm.pl in the tab: Terms→ Conditions of Cooperation / Claims→General Terms and Conditions of Sale in Transactions with Entrepreneurs (GTsCs). 

 

§ 10 Complaints about the JM elektronik Platform 

10.1 If, in the opinion of the Customer, the execution of orders and purchases by JM elektronik is inconsistent with the provisions of these Terms and Conditions, the Customer may submit a complaint in writing to the correspondence address of JM elektronik or to the e-mail address ipok@jm.pl. 

10.2 A complaint should include at least the designation of the Customer and the login under which it appears on the Platform, a description of the objections raised and an indication of the proposed method of resolving the complaint. 

10.3 JM elektronik recognizes a complaint within 14 days of its receipt. If a complaint does not contain the information necessary for its consideration, JM elektronik will ask the Client submitting the complaint to supplement it to the extent necessary, and the period of 14 days then runs from the date of delivery of the supplemented complaint. 

10.4 The response to the complaint is sent to the Client's contact address or to his e-mail address assigned to the Client's account. In particularly justified cases, JM elektronik may send a reply to another correspondence address indicated by the Customer or to an e-mail address which is not assigned to the Customer's Account.  

 

§ 11 Information on the protection of personal data of Clients 

11.1. JM Elektronik Sp. z o.o. with its registered office in Gliwice, ul. Karolinki 58, 44-100 Gliwice, Poland processes personal data within the meaning of Regulation 2016/679 of the European Parliament and of the Council of the European Union of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (hereinafter referred to as: GPRD) and is the Administrator of personal data collected from the Customer. 

11.2 The Administrator may be contacted in writing to the address of JM elektronik Sp. z o.o., ul. Karolinki 58, 44-100 Gliwice, Poland or by sending an e-mail to iod@jm.pl or by phone +48323396900. 

11.3 Data are processed pursuant to Article 6(1)(b) of the GPRD, i.e. for the purpose of concluding and performing the agreement/order and activities prior to entering into the agreement/order. Providing personal data is voluntary, but necessary for the implementation of the agreement. 

11.4 The Administrator shall process personal data to the extent they have been made available. The recipients of the data may be entities providing legal, IT, auditing, advisory, transport and other services to the Administrator for legally justified purposes. 

11.5 Personal data shall be processed from the date of registration of the account or subaccount until their deletion - including the period necessary for the execution of orders and expiry of the due date of claims that may arise from placing an order or concluding a sales agreement.  

11.6 In connection with the processing of personal data, the Customer is entitled to: 

  • (a) demand access to personal data from the Administrator, 
  • (b) request the Administrator to correct personal data, 
  • (c) demand from the Administrator to remove, restrict or object to the processing of personal data, which may prevent the proper performance of rights and obligations under the concluded agreement, 
  • (d) transfers of personal data, 
  • (e) to lodge a complaint with a supervisory authority. 

11.7 The controller shall make every effort to ensure that all physical, technical and organisational measures are taken to protect personal data against accidental or intentional destruction, accidental loss, alteration, unauthorised disclosure, use or access, in accordance with all applicable regulations.  

 

§ 12 Amendments to the Regulations 

12.1 JM Elektronik is entitled to amend these Regulations and the amendment shall take effect on the date indicated by JM Elektronik. 

12.2 The Client shall be notified of such changes and shall be able to accept them when he logs on to the Platform for the first time from the moment the changes come into force. The acceptance of the changes is also considered to be an order placed by the Customer after logging in to the account/sub-account after the introduction of the changes to the Regulations. 

 

§ 13. Final provisions 

13.1 If any provision of the Regulations is found to be invalid by a final court judgment, the remaining provisions shall remain in force. 

13.2 Any disputes arising in connection with the performance of an order or purchase concluded on the basis of these Regulations shall be settled by a court having jurisdiction over the seat of JM Elektronik. 

 

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