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    TERMS AND CONDITIONS OF THE WHOLESALE PANEL WWW.B2B.OSTROVIT.COM

    § 1 GENERAL PROVISIONS

    1. The Panel operates according to the rules set out in these Terms and Conditions.
    2. The Panel may only be used by Entrepreneurs who conclude a contract with the Seller directly related to their business activity and the contract is of a professional nature, resulting in particular from the subject of their business activity.
    3. The Terms and Conditions define the provisions for concluding and terminating Product Sales Contracts and the complaint procedure, as well as the types and scope of services provided electronically via the Panel, the rules for providing these services, and the provisions for concluding and terminating Contracts for the Provision of Electronic Services.
    4. Upon commencing activities aimed at using the Electronic Services of the Panel, each Service Recipient shall be obliged to comply with the provisions of these Terms and Conditions.
    5. In matters not covered by these Terms and Conditions, the following shall apply:
      1. 5.1. provisions of the Act on the provision of electronic services of July 18, 2002;
      2. 5.2. provisions of the Civil Code Act of April 23, 1964; and
      3. 5.3. other relevant provisions of Polish law.
    6. The Controller of personal data provided during registration in the Panel is OstroVit sp. z o.o., with its registered office in Zambrów (18-300) at ul. Sitarska 16. Personal data will be processed in connection with the performance of tasks arising from the Sales Contracts.
    7. The website uses cookies for proper functioning, which are used solely for statistical purposes and to adapt the Panel to the individual needs of Service Recipients.
    8. For more information on the processing of personal data and the use of cookies, please refer to the Privacy Policy, which can be found here: https://b2b.ostrovit.com/pl/terms/polityka-prywatnosci-32.

    § 2 DEFINITIONS CONTAINED IN THE TERMS AND CONDITIONS

    1. REGISTRATION FORM – a form available on the Panel website www.b2b.ostrovit.com that allows the creation of an Account.
    2. ORDER FORM – a form available on the Panel website www.b2b.ostrovit.com that allows placing an Order.
    3. ONLINE TRADING PLATFORM – a service using software, including a website, part of a website, or application, operated by or on behalf of an entrepreneur, which enables entrepreneurs to conclude distance contracts with other entrepreneurs or consumers.
    4. CUSTOMER – an Entrepreneur who intends to conclude or has concluded a Sales Contract with the Seller.
    5. ACCOUNT – a set of resources in the Service Provider's ICT system marked with an individual name (login) and password, in which the Service Recipient's data is collected, including information about placed Orders.
    6. NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe to and receive free information from the Service Provider to the e-mail address provided by the Service Recipient, regarding the Panel and available Products.
    7. PANEL – the Service Provider's wholesale panel operating at www.b2b.ostrovit.com.
    8. PRODUCT – a movable item available on the Panel, which is the subject of the Sales Contract between the Customer and the Seller.
    9. ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality granted legal capacity by law, conducting business or professional activity in their own name.
    10. CARRIER – an Entrepreneur who has concluded a transport agreement with the Seller within the meaning of Art. 774 of the Civil Code Act of April 23, 1964.
    11. TERMS AND CONDITIONS – these Terms and Conditions of the Panel.
    12. SELLER, SERVICE PROVIDER – OstroVit spółka z ograniczoną odpowiedzialnością, registered in the Register of Entrepreneurs by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number: 0000994529, registered office and delivery address: ul. Sitarska 16, 18-300 Zambrów, NIP: 7231641151, REGON: 523562090, e-mail address: sales@ostrovit.com, phone number: +48 570707040.
    13. PARTY – the Seller, Service Provider, as well as the Customer, Service Recipient.
    14. REVIEW SYSTEM – an Electronic Service made available to Customers by the Service Provider, enabling the posting of opinions about Products.
    15. CONTRACT – a contract for the provision of Electronic Services.
    16. SALES CONTRACT – a Sales Contract for a Product concluded between the Customer and the Seller via the Panel.
    17. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Panel.
    18. SERVICE RECIPIENT – an Entrepreneur using the Electronic Service.
    19. ORDER – the Customer's declaration of intent constituting an offer to conclude a Sales Contract for a Product with the Seller.

    § 3 INFORMATION ON PRODUCTS AND ORDERING

    1. The Seller conducts wholesale sales of Products via the Panel exclusively to Entrepreneurs.
    2. The Products offered in the Panel are new, free from defects and have been legally introduced to the Polish market.
    3. The information on the Panel website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase the Product under the conditions specified in its description.
    4. The Product price displayed in the Panel is binding at the time the Customer places the Order. This price will not change regardless of any price changes in the Panel that may appear for individual Products after the Customer places the Order.
    5. Orders can be placed via the website using the Order Form on www.b2b.ostrovit.com – 24 hours a day, all year round.
    6. To place an Order on www.b2b.ostrovit.com, the Customer must register an Account in the Panel.
    7. A condition for placing an Order is the Customer's acknowledgment and acceptance of the Terms and Conditions when creating a user Account.
    8. The Seller processes Orders placed from Monday to Friday (working days) between 6:00 a.m. and 4:00 p.m. Orders placed on working days after 12:00 p.m., on Saturdays, Sundays and public holidays will be processed on the next working day.
    9. Prices shown in the Panel and discounts granted to the Customer are confidential and addressed exclusively to the individual Customer. This information constitutes the Seller's business secret within the meaning of Art. 11 sec. 2 of the Act of April 16, 1993 on combating unfair competition and should not be disclosed by the Customer to any third parties. If the Seller discovers that this information has been made available to third parties, the Customer's access to the Panel will be blocked.
    10. Individual Order terms are binding only for the specific Order. This means that the granted discount is a one-time discount and its value does not have to be applied in subsequent Orders.
    11. The above point also applies to payment terms for the Order.
    12. Products on promotion (sale) are available in limited quantities, and Orders for them will be processed on a first-come, first-served basis until stock is depleted.
    13. Products in the Cart are only stored and not reserved. The Order should be submitted only after confirming that all Products have been added to the Cart.
    14. The minimum logistics fee in the Panel is EUR 120 net. Orders below this amount will not be processed.
    15. If the Order was not fulfilled and the Customer wants to cancel part of it, the Customer is obliged to add other Products so that the value of the Order reaches the logistics minimum.
    16. The stock levels presented in the Panel may differ from actual availability due to ongoing sales conducted via other channels and possible data synchronization delays. The Seller reserves the right to update the quantity of ordered Products after prior contact with the Customer and obtaining their acceptance.

    § 4 CONCLUSION OF THE SALES CONTRACT

    1. To conclude a Sales Contract, it is necessary to place an Order by the Customer in accordance with § 3 items 5, 6, and 7 of the Terms and Conditions.
    2. Each Customer receives individual access data to the Panel, enabling them to use the assigned discount level determined based on the value of monthly turnover. Displayed prices include granted discounts. The Customer bears full responsibility for activities performed using their access data and undertakes to secure them against unauthorized use.
    3. After placing an Order, the Seller shall immediately confirm its receipt.
    4. Confirmation of receipt of the Order is made by sending an e-mail to the Customer’s e-mail address provided in the Order Form.
    5. The confirmation of Order acceptance referred to in item 3 binds the Customer with their Order.
    6. The confirmation of receipt of the Order includes:
      1. 6.1. confirmation of all significant elements of the Order,
      2. 6.2. these Terms and Conditions.
    7. Upon receipt of the e-mail referred to in item 3, a Sales Contract is concluded between the Customer and the Seller.
    8. In justified cases, based on the principle of freedom of contract, the Seller may refuse to enter into a Sales Contract with the Customer. The Customer will be informed of the refusal via e-mail.
    9. Each Sales Contract will be confirmed by a purchase document (VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer’s e-mail address provided in the Order Form.

    § 5 PAYMENT METHODS

    1. The Seller provides the following payment methods:
      1. 1.1. traditional bank transfer to the Seller’s bank account,
      2. 1.2. online payment systems (Przelewy24.pl, PayU.pl, PayPal, Klarna),
      3. 1.3. payment upon personal collection from the Seller’s premises,
      4. 1.4. payment on delivery via the Carrier,
      5. 1.5. trade credit.
    2. In the case of a traditional bank transfer, the payment should be made to the account number: 04 1020 3802 0000 1202 0134 7087 (PKO Bank Polski S.A.), OstroVit sp. z o.o., ul. Sitarska 16, 18-300 Zambrów, NIP: 7231641151. The transfer title should include “Order No. …”.
    3. The Customer is obliged to make the payment to the above bank account within the deadline indicated on the invoice.
    4. In the case of online payment systems, the Customer must make the payment before the Order is processed.
    5. Online payment systems allow payment by credit card or express transfer from selected Polish banks.
    6. In the case of payment on delivery, the shipment is dispatched after verifying the accuracy of address data. The Customer is obliged to pay for the Order and collect the Product from the Carrier.
    7. For payments mentioned in points 1.1 and 1.2 above, the Product will be shipped only after the payment is made and credited to the Seller’s account.
    8. The payment method referred to in point 1.5 is available only to Customers with Trusted Customer status.
    9. In the case described above, the Customer is obliged to pay the Sales Contract price within 7 business days from the date of its conclusion, unless the Sales Contract or the Parties provide otherwise.
    10. A Customer may lose Trusted Customer status if they do not make timely payments when using trade credit.
    11. If the Customer fails to make a payment on time, the Seller reserves the right to charge interest for the delay and to refuse to process further Orders.
    12. If there are at least 3 delays in payments by the Customer exceeding 7 days, subsequent Orders will be processed only after prepayment.
    13. The Seller has the right to limit the payment methods available to Customers, including requiring prepayment of part or all of the sales price, regardless of the payment method chosen by the Customer.

    § 6 COST, DELIVERY TIME AND METHODS

    1. The costs of delivery of the Product, which are covered by the Customer, are determined during the Order placement process and depend on the choice of payment method and delivery method for the purchased Product.
    2. The delivery date of the Product consists of the time needed to complete the Product and the time needed for delivery of the Product by the Carrier:
      1. 2.1 The time for completing the Products is 3 business days from the moment of:
        1. cash paid under the Sales Contract is credited to the Seller's account; or
        2. positive authorization of the transaction by the electronic payment system; or
        3. acceptance of the Order for execution by the Seller in the case of choosing cash on delivery as the payment method,
      2. 2.2. Delivery of Products by the Carrier shall take place within the time limit declared by the Carrier, i.e. within 2 to 3 business days from the moment of shipment (delivery takes place only on business days, excluding Saturdays, Sundays, and holidays).
    3. Products purchased in the Panel are shipped exclusively within Poland via the Carrier.
    4. Orders over 180 kg and Products susceptible to damage, e.g. nut butters, chocolate butters and others, are shipped on pallets/half pallets by a Carrier delivering pallet shipments. Pallet orders can only be shipped if trade credit is used and prepayment is made to the account.
    5. The benefits and risks associated with the Product, as well as the risk of accidental loss or damage to the Product, shall pass to the Customer upon delivery of the Product by the Seller to the Carrier. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Product arising from the moment of acceptance of the Product for transport by the Carrier until its delivery to the Customer, as well as for any delay in the shipment.
    6. If the Product is sent to the Customer via a Carrier, the Customer is obliged to inspect the shipment in a timely manner and in a manner customary for shipments of this type. If the Customer finds that the Product has been lost or damaged during transport, they shall take all necessary steps to determine the Carrier's liability, including the right to refuse to accept the shipment and demand that the Carrier immediately draw up a complaint report. The Seller should be informed about the written complaint.
    7. Upon receipt of the Product, the Customer is obliged to verify its correctness.

    § 7 PRODUCT COMPLAINTS

    1. The basis and scope of the Seller's liability towards the Customer under the warranty covering defects are specified in the Civil Code Act of April 23, 1964.
    2. The Customer loses their rights under the warranty if they have not inspected the Product in a timely manner and in a manner customary for items of this type and have not notified the Seller of the defect immediately, no later than within 7 days of discovering the defect, and in the event that the defect became apparent only later – if they have not notified the Seller immediately after discovering it, but no later than within 7 days of its discovery.
    3. Notification of Product defects and submission of corresponding requests can be made by e-mail to the following e-mail address: hurtpolska@ostrovit.com – for domestic Customers or export@ostrovit.com – for foreign Customers.
    4. The above e-mail should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularities, photos of the damaged Products or damaged package, and contact details. The information provided will significantly facilitate and accelerate the processing of the complaint by the Seller.
    5. In order to enable the Seller to assess the defects of the Product, the Customer shall deliver the Product in person or via a selected Carrier to the following address: ul. Sitarska 16, 18-300 Zambrów.
    6. The Seller shall respond to the Customer's request immediately, no later than within 30 days from the date of filing the complaint.
    7. If the Customer's complaint is justified, the Seller shall cover the costs of collection, delivery, and replacement of the Product with a defect-free one.
    8. The response to the complaint shall be provided in writing: on paper or another durable medium, e.g. by email or text message.
    9. The Seller's liability towards the Customer is limited to actual losses and does not include lost profits and cannot exceed the sale price of the Product. The Seller shall not be liable to the Customer for any damage resulting from a delay in repairing or replacing the Product.

    § 8 PROVISIONS CONCERNING ENTREPRENEURS AS CONSUMERS

    1. An Entrepreneur conducting sole proprietorship who wishes to conclude a Sales Contract with the Seller that is not of a professional nature, resulting in particular from the subject of his business activity, may place an Order only through the Panel of the store www.ostrovit.com.

    § 9 PROHIBITION OF RESALE VIA INTERNET PLATFORMS

    1. The Customer undertakes not to sell the Products via Online Trading Platforms operated by third parties. This prohibition covers both the direct sale of Products by the Customer on Online Trading Platforms and the indirect making available of Products for sale by third parties acting on behalf of or in the name of the Customer.
    2. In the event of a breach of the liability referred to in point 1, the Seller reserves the possibility to refuse to execute subsequent Orders.

    § 10 TYPE AND SCOPE OF ELECTRONIC SERVICES

    1. The Service Provider enables the use of Electronic Services such as:
      1. 1.1. concluding Product Sales Contracts,
      2. 1.2. maintaining the Account,
      3. 1.3. Opinion System,
      4. 1.4. Newsletter.
    2. The provision of Electronic Services to Service Recipients via the Panel is subject to the provisions set out in the Terms and Conditions.
    3. The login and password for the Platform are intended solely for the Entrepreneur who received them. It is prohibited to disclose your login and password to third parties.
    4. The Service Provider has the right to place advertising content on the Panel website. This content forms an integral part of the Panel and the materials presented therein. This content forms an integral part of the Panel and the materials presented therein.

    § 11 TERMS AND CONDITIONS OF SERVICE AND CONTRACT CONCLUSION

    1. The provision of Electronic Services specified in § 10 point 1 of the Terms and Conditions by the Service Provider is free of charge.
    2. Period for which the Contract is concluded:
      1. 2.1. The Contract for the Provision of Electronic Services consisting in enabling the conclusion of a Product Sales Contract in the Panel is concluded for a fixed period and is terminated upon placing an Order or discontinuing its placement by the Service Recipient.
      2. 2.2. The Contract for the Provision of Electronic Services consisting in the maintenance of an Account is concluded for an indefinite period. The Contract is concluded when the Service Recipient sends the completed Registration Form.
      3. 2.3. The Contract for the Provision of Electronic Services consisting in the use of the Opinion System is concluded for a fixed period and is terminated upon the publication of an opinion or cessation of use of this Service by the Service Recipient.
      4. 2.4. The Contract for the Provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period.
    3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
      1. 3.1. a computer (or mobile device) with Internet access,
      2. 3.2. access to email,
      3. 3.3. web browser,
      4. 3.4. enabling Cookies and Javascript in your web browser.
    4. The Service Recipient is obliged to use the Panel in a manner consistent with the law and good manners, respecting the personal rights and intellectual property rights of third parties.
    5. The Service Recipient is obliged to provide the Panel with data that is consistent with the actual state of affairs.
    6. The Service Recipient is prohibited from placing illegal content on the Panel.
    7. The Service Provider may terminate the Contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a statement to the Service Recipient regarding the termination.

    § 12 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

    1. Complaints related to the provision of Electronic Services via the Panel may be submitted by the Service Recipient via email to the following address: hurtpolska@ostrovit.com or export@ostrovit.com
    2. The above e-mail should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularities and contact details. The information provided will significantly facilitate and expedite the processing of your complaint by the Service Provider.
    3. Complaints shall be considered by the Service Provider immediately, no later than within 14 days of their submission.
    4. The Service Provider's response to the complaint shall be sent to the Service Recipient's e-mail address provided in the complaint.

    § 13 TERMS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

    1. Termination of the Contract for the Provision of Electronic Services:
      1. 1.1. The Contract for the Provision of Electronic Services of a continuous and indefinite nature (maintaining an Account, Newsletter) may be terminated.
      2. 1.2. The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending a relevant statement by e-mail to the following e-mail address: hurtpolska@ostrovit.com or export@ostrovit.com
      3. 1.3. The Service Provider may terminate the Contract for the Provision of Electronic Services of a continuous and indefinite nature if the Service Recipient violates the Terms and Conditions, in particular if they provide illegal content, after an ineffective prior request to cease the violations with a specified deadline. In such a case, the Contract shall expire after 7 days from the date of submission of the declaration of intent to terminate it (notice period). The above statement will be sent to the Customer's email address.
      4. 1.4. Termination shall result in the termination of the legal relationship between the Parties with effect for the future.
    2. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the Parties.

    § 14 INTELLECTUAL PROPERTY

    1. All content posted on the Panel's website is protected by copyright and (subject to point 3 of this paragraph and elements posted by Service Recipients, used under license, transfer of copyright or fair use) is the property of OstroVit spółka z ograniczoną odpowiedzialnością, entered in the Register of Entrepreneurs by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number: 0000994529, registered office and address for service: ul. Sitarska 16, 18-300 Zambrów, NIP: 7231641151, REGON: 523562090. The Service Recipient shall bear full responsibility for any damage caused to the Service Provider as a result of using any content of the Panel without the consent of the Service Provider.
    2. Any use by the Service Recipient, without the express written consent of the Service Provider, of any elements constituting the content and substance of the Panel pages constitutes a violation of the copyright vested in the Service Provider and results in civil and criminal liability.
    3. All trade names, product names, company names and logos used on the Panel's website are the property of their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Panel's website are for informational purposes only.

    § 15 FINAL PROVISIONS

    1. These Terms and Conditions shall enter into force on May 1, 2025.
    2. Contracts concluded via the Panel are governed by Polish law.
    3. The purchase of Products by the Customer, regardless of the method of placing the Order, is tantamount to acceptance of these Terms and Conditions.
    4. In the event of any conflict between any part of the Terms and Conditions and applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Terms and Conditions.
    5. Any disputes between the Seller and Customers shall be settled in the first instance through negotiation, with the intention of reaching an amicable resolution. However, if this is not possible or unsatisfactory for either Party, disputes shall be settled by the competent common court having jurisdiction over the registered office of the Service Provider.

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