BARBIOCEAN PLATFORM TERMS OF USE
These Terms contain the rules for using the platform available at www.barbiocean.com.
Unless clearly indicated otherwise in the further part of these Terms, capitalised terms used herein should be understood as follows:
PLATFORM ADMINISTRATOR: Barbara Pente, the owner of company: BarbiOcean Sp. z o.o. with its registered office at ul. Długa 29, 00-238 Warsaw with National Court Register number: 859155 and VAT ID: 5252835250, email: info@barbiocean.com, being the owner of the Platform.
DATA: any information and content, in particular: photos, images, text messages, and videos that the User uploads to the Platform via the Platform as part of their account.
PERSONAL DATA: personal data under the Act of 10 May 2018 on the protection of personal data (consolidated text Journal of Laws of 2018, item 1000) regarding the User, collected by the Platform Administrator, among others, through the registration form and through the User's account, and processed by the Platform Administrator in line with the principles specified herein.
COMPANY DATA: data of entrepreneurs registering on the Platform as Manufacturers or Wholesalers, including the name, email address, and telephone number, which they are authorised to use and which correspond to the data contained in public registers, e.g. Register of Entrepreneurs of the National Court Register or the Central Registration and Information on Business.
WHOLESALER: a registered user looking for Products on the Platform - a natural person, legal person, or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
CIVIL CODE: The Act on Civil Code of 23 April 1964, as amended.
USER ACCOUNT: a service available to registered Users on the Platform making it possible for the User to post Data and Personal Data for the purposes of using the Platform, which are collected and processed by the Platform Administrator under the conditions specified herein.
PLATFORM: space available at www.barbiocean.com, making it possible for logged-in Users to use the services provided by the Platform Administrator.
MANUFACTURER: a registered user presenting Products on the Platform - a natural person, legal person, or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity .
REGISTRATION: an activity involving the setting-up of an account by the User, completed using the registration form provided by the Administrator via the Platform.
TERMS: these Terms of Use of the BARBIOCEAN platform and the provision of services by the Platform Administrator via the Platform. Privacy and Personal Data Safety Policy are an integral part of these Terms.
PRODUCTS: all products presented on the Platform by the Manufacturer or searched for via the Platform by the Wholesaler, which may be the subject of a sales or donation agreement under applicable laws.
PERMANENT MEDIUM: material or tool that enables the User or Service Provider to store information addressed personally to them in a way that enables access to them in future, for a time appropriate to the purposes of the data stored on it, and which make it possible to restore the stored data in an unaltered format.
AGREEMENT: an agreement for the provision of Services available on the Platform, concluded between the User and the Platform Administrator by electronic means.
SERVICE: all services provided by the Platform Administrator by electronic means, including enabling the Manufacturer to present their Products on the Platform, and the Wholesaler to search for Products on the Platform, as well as to contact the Manufacturer.
USER: Wholesaler or Manufacturer registered on the Platform.
§ 1 General Provisions
1. The Platform Administrator is the owner of the Platform. The Platform is used to present Producers by Manufacturers, search for Products, and establish communication between Wholesalers and Producers, as well as to use other services provided by the Administrator via the Platform. The Platform enables communication of Users in order to advertise their Company as well as Products that are offered for sale (purchase) or donation. The sale (purchase) or donation of the Products presented on the Platform takes place without the participation and responsibility of the Platform Administrator and beyond the Platform.
2. Only registered Manufacturers may present their Products through the Platform. Only an entrepreneur can register on the Platform as a Manufacturer.
3. Registered Wholesalers can use the Platform to find Products of their interest and contact the Manufacturers. Only an entrepreneur can register on the Platform as a Wholesaler.
4. Registration and use of services provided via the Platform always require the acceptance of these Terms of Use as well as the Privacy and Personal Data Safety Policy. The User's acceptance of the provisions of these Terms and the Privacy and Personal Data Safety Policy means that the User has read them, understood their content, and fully accepts their provisions.
5. All rights to the Platform, including proprietary copyrights, intellectual property rights to its name, its website domain, and the Platform's website, as well as to designs, forms, and logos posted on the Platform's website (except for the Data presented on the Platform's website) for presentation purposes, the copyrights of which belong to third parties) belong to the Platform Administrator, and may only be used in a manner specified and in accordance with these Terms and upon the written consent of the Platform Administrator.
6. The Platform Administrator will make every effort to ensure that the use of the Platform is possible for Internet users through all popular web browsers, operating systems, devices, and Internet connection types. The minimum technical requirements enabling the use of the Platform website is at least Chrome 80 or FireFox 74 or later versions, with Javascript enabled, accepting cookies, and with an internet connection with the capacity of at least 256 kbit/s. The Platform website is optimised for a minimum screen resolution of 1024x768 pixels.
7. The Administrator uses cookies, which are saved by the Platform Administrator's server on the hard drive of the User's end device when Users browse the Platform website. The purpose of cookies is the correct operation of the Platform website on Users' end devices. This mechanism does not damage the User's end device and does not cause configuration-related changes in the Users' end devices or software installed on those devices. Each User can disable cookies in the browser of their end device. The Platform Administrator notes that disabling cookies may cause difficulties or prevent the use of the Platform website.
8. In order to register on the Platform via the Platform website and to use the Services provided electronically via the Platform, it is necessary for the User to own an active email account.
9. It is prohibited for the User to provide illegal content and to use the Platform, the Platform website, or free services provided by the Platform Administrator in a manner that is against the law or best practices, or that infringe upon the personal rights of third parties.
10. It is not permitted to use the resources and features of the Platform in order to perform activities by the User that would infringe upon the interests of the Platform Administrator.
11. When using the Platform, Users are particularly obliged to the following:
a. To not include their name or surname, logotype, website address or link, email address, and telephone number on the presented Products or on the Data relating to those Products;
b. To not post the same Products or Data on the Platform several times;
c. To not publish information or Data that is prohibited or illegal, or that may violate the rights of third parties or the rights of the Platform Administrator, particularly those that violate copyrights, industrial property rights, or personal rights of any entities;
d. To use the Platform and the Services available through it in a manner that does not interfere with its operation, particularly through the use of specific software or devices;
e. To refrain from using the Platform in a manner that would be burdensome to other Users and to the Platform Administrator, while respecting the personal rights of other Users (including the right to privacy) and all rights to which they are entitled.
12. It is prohibited to present the following Products on the Platform:
a. stolen or acquired as a result of a crime or illegally put on the market;
b. counterfeit or falsified;
c. infringing upon the rights of third parties independently or in any other way, particularly copyrights, industrial property rights, or protected personal rights through their publishing or advertising;
d. whose trade is prohibited by law;
e. whose trade requires under the law to obtain a license or permit, without the possession of such a license or a permit;
f. which do not have certificates or approvals and do not meet the standards required by law.
13. The Platform Administrator reserves the right to refuse to allow the presentation of a given category of Products on the Platform, or to register a user without specifying a reason.
§ 2 Registration and creation of an account on the Platform
1. Registration and using an Account on the Platform are voluntary. Registration on the Platform by the Wholesaler provides them with access to detailed Data regarding Products presented on the Platform by a Manufacturer (e.g. price, manufacturer's name). For unregistered Internet users, only a photo and name of the Product are visible.
2. Registration on the Platform is completed by filling out a form available on the Platform website, and requires providing the name, registered office address, and tax identification number of the User's company, as well as contact details and a username. The User may register an account on the Platform website 7 days a week, 24 hours a day.
3. The username is equal to the User's email address. It may not contain obscene and indecent or illegal content, under pain of the Platform Administrator limiting or blocking the User's access to Services available on the Platform.
4. To register, the User should perform at least the following steps:
a. fill out the registration form;
b. approve the Terms of Use;
c. approve the registration.
5. Registration is confirmed by clicking on the link sent automatically by the Platform Administrator to the User's e-mail address provided in the registration form.
6. Registration is completed together with its approval. Upon registration, an agreement is concluded electronically between the Platform Administrator and the User for the provision of Services available on the Platform, for an indefinite period. A registered User may use the Services available on the Platform through their Account.
7. Approval of the registration form completed by the User is equal to the User submitting a statement that the Personal Data and Company Data provided by the User are true, and that the User is entitled to manage such Personal Data and to register. The User will be liable for providing Personal Data and Company Data that is not true, invalid, or refers to other people or third parties and not the User. If the Platform Administrator receives reasonable information about the User providing Personal Data or Company Data that is invalid, untrue, or belongs to third parties, the Platform Administrator may block or delete the User's Account.
8. The Platform Administrator reserves the right to verify the registration information provided by the User at any time, specifically if there are any doubts as to the authenticity of the information. During the verification period, the Platform Administrator has the right to limit or suspend the user's registration process for an indefinite period and until the verification is completed at the latest.
9. The User will not provide access data to their account created on the Platform to any unauthorised people, and will protect this data against unauthorised access. The Platform Administrator will not be liable for the consequences of the actions of any third parties who were not authorised by the User to use the services available on the Platform as part of the User's account, which resulted from the User providing access data to unauthorised people or from a failure to secure such access data.
10. In the event of the death of a User who is a natural person, or the liquidation of a User who is a legal person or an organisational unit without legal personality, the Agreement for the provision of Services available on the Platform will expire and the User Account will be deleted as a result of reporting and evidencing to the Administrator the circumstances that constitute the basis for the agreement’s termination.
§ 3 Services available on the Platform
1. The Wholesaler may use the Account created on the Platform to find the required Products and contact their Manufacturer.
2. Using the Account created on the Platform, the Manufacturer may present Products on the Platform by uploading their photo or video, price, description of properties, characteristics, and the Manufacturer's company history and date of founding.
3. The photo and name of the Products presented on the Platform will be visible to all Internet users. Additional Data regarding the Products presented on the Platform, particularly the name of the Manufacturer and price of the Products, will be visible only to registered Wholesalers.
4. The detailed conditions for the presentation of the Products are specified below.
5. The Platform Administrator will make every effort to ensure that the Services provided to the Users through the Platform are functional and are provided on a continuous basis.
§ 4 Payments for use of the Services
§ 5 Conditions for the presentation of Products on the Platform
1. The Manufacturer is authorised to present Products on the Platform through their User Account in accordance with the provisions of these Terms.
2. Presentation of Products on the Platform website does not constitute an offer of sale under the Civil Code, but is merely an invitation to place orders for the purchase of Products.
3. Presentation of Products and accompanying Data on the Platform should comply with the provisions of law, good practices, copyrights, industrial property rights, and personal rights of other entities. The user presenting the Products is fully liable for the violation of these rights and for any damage caused.
4. Products may be presented on the Platform by posting photos, description of properties, information on the quantity or quality, Product prices, and the name of the Manufacturer.
5. After preparing a presentation of the Products on the Platform, the photo and name of the Products will be publicly visible to all Internet users.
6. It is prohibited to display photos that mislead Internet users or Platform Users, and show Products that are not included in the Manufacturer's portfolio, or Products withdrawn from production or that are out of stock.
7. After clicking on the selected Product, the Internet user may register on the Platform in order to contact the Platform User presenting the Product. Registration on the Platform is a precondition for the Internet user to obtain contact details for the User presenting the selected Products on the Platform.
8. The Platform Administrator will not respond to enquiries regarding the quality, price, and properties of the Products presented on the Platform. To do this, you need to register or log in to the Platform and contact the User presenting a given Product.
§ 6 Personal data protection and privacy policy
1. The Platform Administrator is the administrator of databases of personal data provided by the User.
2. The Platform Administrator will protect personal data in accordance with the Personal Data Protection Act of 10 May 2018 and the Act on the Provision of Electronic Services of 18 July 2002. By providing their personal data to the Platform Administrator, the User grants consent for data processing by the Platform Administrator for the purpose of registration and enabling contact with another User registered on the Platform. The User will also have the ability to correct, update, or remove their personal data at any time.
3. Detailed principles for collecting, processing, and storing personal data used to register on the Platform are described in the Privacy and Personal Data Safety Policy which can be found at: www.barbiocean.com
§ 7 Termination of the Agreement
1. The User may terminate the agreement for the provision of services available on the Platform at any time by means of deleting the Account, while deleting the Account will be equal to deleting all Data regarding Products presented on the Platform.
2. In the event of:
a. the Platform Administrator obtaining reliable information about the User's use of the Platform in a way that violates the rights of third parties, or
b. the Platform Administrator discovering a breach of the provisions of these Terms by the User, including violation of intellectual property rights of the Administrator and third parties,
The Platform Administrator will, by sending an email to the User to the address provided by him/her during registration, request the the User stop/remove the violation, or that the User indicates circumstances proving that the User is not liable for the violation within 7 days from the date of receipt of the email. Otherwise, the User Account will be blocked and later deleted.
3. If the violations referred to in Section 2 above are not removed within the period indicated therein, the Platform Administrator will block the User's Account.
4. In the event of the persistent breach by the User of the provisions of the Regulations, and failure to indicate credible circumstances proving that the User is not responsible for the breaches within the time limit indicated in paragraph 2 above, the Platform Administrator may delete the User Account. Deleting the User Account is equal to termination of the agreement for the use of the services available on the Platform with immediate effect.
5. Termination of the agreement for the provision of Services available on the Platform does not limit the rights of the Platform Administrator or third parties to seek redress of the damage resulting from the User's violation of these Terms.
§ 8 Liability
1. The Platform Administrator, as the owner and manager of the Platform, will make every effort to ensure that the Platform and all Services that are available through it operate continuously without any disruptions.
2. The Platform Administrator will not be liable, in particular, for:
c. for quantitative or qualitative defects and the safety of the Products presented by Users on the Platform, as well as for the content posted by Users, in particular regarding the date of delivery or the availability of the Products;
d. for finding the desired Product or its supplier;
e. for the authenticity of the Products displayed on the Platform.
3. The Platform Administrator may verify the content posted on the Platform by individual Users. However, there is no such obligation, and the Administrator is not responsible for the content posted on the Platform by Users or other persons, in particular for their truthfulness, reliability, and authenticity.
4. The Platform Administrator will not interfere in any transactions between Users or any disputes that may arise between Users in connection with the use of the Platform. In the event of a dispute between the Platform Users, by accepting these Terms, each of them releases the Platform Administrator from any liability or obligations, and will not raise any claims against the Platform Administrator arising in connection with the dispute.
5. If any third party, authority, or court raises a claim or initiates proceedings in relation to any content posted by a User on the Platform, that User shall be liable for all costs and expenses incurred in relation to such claims or proceedings. Furthermore, in the event of a violation of these Terms or the law, the User will take all action required by the Platform Administrator to protect the good name of the Platform Administrator.
6. Any violations related to the presentation of Products on the Platform and breaches of these Terms or the law should be notified to the Platform Administrator by email: info@barbiocean.com.
§ 9 Final provisions
1. The wording of these Terms of Use can be saved by printing them out, saving them on a storage medium, or downloading them from the Internet at any time.
2. The Platform Administrator reserves the right to amend these Terms. An amendment to these Terms will come into force within 7 days from the date of publication on the Platform.
3. The Platform Administrator will inform the User about amendments to the Terms of Use 7 days prior to their entry into force by means of an electronic message containing a link to the text of the amended Terms. If the User does not accept the revised version of the Terms of Use, he/she will be obliged to notify the Platform Administrator about this fact. This will result in the termination of the agreement for the provision of Services available on the Platform and deletion of the User Account by the Platform Administrator. Further use of the Platform after amending the Terms without submitting a notification referred to in the previous sentence constitutes an acceptance of the amendment.
4. In the event of a dispute under these Regulations, the parties shall endeavour to resolve the matter amicably. All disputes regarding these Terms of Use are governed under the laws of Poland. The court competent to settle disputes arising under these Terms is the court competent for the seat of the Platform Administrator.
5. The Terms of Use are valid from 15 May 2020.