Regulations

1. Chemax Sp. z o.o. Sp.k., ul. Kądziołeczki 20, 02-850 Warszawa, KRS: 0000534084, NIP: 5252603290, REGON: 360345792 (hereinafter: “Company”), is the owner of the website, available at: chemax.eu (hereinafter: “Website”) constituting an information and communication system within the meaning of the Act on Providing Services by Electronic Means of July 18, 2002, providing for the processing and storage, as well as the sending and receiving of data via telecommunications networks. The Company sells and distributes oils, chemical raw materials and adjuvants (hereinafter: “Services”).
2. Individuals making purchases through the Website (hereinafter: “Buyers”) declare that they are of legal age and have the legal capacity necessary to conclude a sales contract through the Website.
   
3. The party that sells the Services through the website is the Company.
   
4. These regulations (hereinafter: “Regulations”) sets out the rules for purchasing Services and placing orders through the Website, the rules for accepting and fulfilling ordered Services and the costs related thereto, the regulations related to the return of Services, and the rights and obligations of the parties to the concluded sales contract, including the rights and obligations arising from possible non-compliance of the Services with the contract.

§2 Object of transaction

1. The subject of transactions of sales contracts concluded by placing an order via the Website are the Services indicated in the Company's commercial offer, appearing on the Website at the time of placing an order provided that they are available at the time the order is accepted by the Company. Descriptions of the Services, together with prices, constitute an invitation to conclude a contract and cannot be construed as an offer within the meaning of the Civil Code. The Purchaser, by placing an order, simultaneously makes an offer to purchase the indicated Services at the price and with the characteristics specified in the description of the Services on the Website.
2. Up-to-date information on the availability and status with respect to specific Services, as well as their prices, shall be made available to the Purchaser no later than at the time of expressing the will to be bound by the contract.
   
3. The prices posted on the Website are not fixed and may be subject to change at the Company's discretion, which the Company will notify by posting the new price.
   
4. The prices of all Services available on the Website are expressed in Polish zloty.
   
5. The Company reserves the right to change the prices of the Services, organize and cancel promotional actions and sales on the Website. The above right of the Company shall not affect the rights of Purchasers, including the terms and conditions of orders placed before the effective date of such changes.

§3 Placing orders

1. The Purchaser should, as part of placing an order on the Website, select the type of Services and the form of payment, as well as indicate the place of electronic delivery of the Services.
2. The contract of sale is concluded upon the Company's confirmation of acceptance of payment, as detailed in §5 hereof.
   
3. The seller, through the selected payment intermediary, sends a confirmation of payment to the e-mail address provided by the Purchaser.

§4 Method of contact with the Purchaser

At the latest at the time of providing his/her personal data when placing an order/for the purpose of obtaining information on the availability or characteristics of the Services on the Company's commercial offer, the Purchaser shall provide his/her e-mail address in order to enable the Company to comply with the information obligation under the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: “RODO”). The Company contacts the Purchaser in connection with the concluded contract or in connection with an inquiry sent via the e-mail address indicated by the Purchaser.

§5 Confirmation of orders

1. Each order placed by the Purchaser with the Company must be confirmed by the Company within 24 hours of receipt of payment. Confirmation of the order by the Company is equivalent to the conclusion of a sales contract between the Purchaser and the Company.
2. Unconfirmed by the Company, an order may be canceled by the Company in the event that it is not possible to confirm fulfillment due to the Purchaser's failure to provide the necessary contact information for delivery of the ordered Services, in the lack of availability of the Services selected by the Purchaser, or in the Purchaser's failure to respond to the Company's inquiries regarding the completed order necessary for its fulfillment (valid reason). Cancellation of the order in the form of a message will be sent by e-mail within 7 working days from the date of placing the order with simultaneous indication of valid reasons for cancellation.
   
3. No contract of sale or any other civil-legal agreement is concluded between the parties until the receipt of the Purchaser's order is acknowledged and confirmed by the Company.
   
4. Subject to Section 5.2 above, upon confirmation of acceptance of the order, the contract of sale of the Services between the Purchaser and the Company shall come into effect, except that the Company may withdraw from the contract after the ineffective expiration of an additional 7-day period, designated to the Purchaser who is a consumer, following the latter's admission of a delay in the performance of the obligation by non-payment of the remuneration due. In the event of non-availability of the Services ordered by the Purchaser, the Company shall immediately inform the Purchaser of the circumstance, leaving the Purchaser the choice between requesting fulfillment of the sales contract taking into account the delay and withdrawal from the contract and recovery of the amount of money paid.

§6 Forms of payment

1. Payment for the ordered Services may be made in the manner indicated on the order within 7 days of the order:
   (1) Online payment or
   (2) Other method of payment indicated during order processing.
2. To make payments in the form in question, the Company may use third-party payment service providers (e.g. CashBill). Consequently, in order to make a payment, the Purchaser may be redirected to the website of the specified payment service provider. Before making a payment, the Purchaser declares that he or she has familiarized himself or herself with the payment provider's terms and conditions of service and with the content of the consents requested by the payment provider.
3. Commissions of third-party service providers for the Purchaser's use of selected forms of payment shall be paid by the Company. The subject does not apply to fees and commissions that may be charged by a specific bank through which the Purchaser purchases Services on the Website.
4. Payment information is sent to the Purchaser by e-mail when the order is placed, to the e-mail address indicated by the Purchaser.
5. The execution of the order shall begin immediately after the payment is received in the Company's account.
6. Immediately prior to placing an order, the Company will provide the Purchaser with information on the total price of the Services and any additional charges, if any, to be borne by the Purchaser (other additional services, if any).

§7 Deadline for implementation

1. Lead time is the time counted from the Company's confirmation of acceptance of the order (but not earlier than the date of receipt of full payment for the ordered Services) until the order is shipped to the Purchaser, with only business days taken into account when calculating the lead time.
2. If an order is placed that includes Services that are not available, the Company will inform the Purchaser of this in accordance with the provisions of the Regulations. In such case, the order processing time shall be suspended until the Purchaser decides to wait for the availability of the missing Services in order to complete the entire order, or to complete the order excluding the missing Services.
   
3. The Company reserves the right to extend the lead time in situations beyond the Company's control (in particular, the circumstance of force majeure or the enactment of legislation that significantly hinders or prevents its operations in their current form) is not able to complete the order on time. In this case, the Purchaser will be informed of this fact without undue delay, via e-mail.

§8 Right of withdrawal

1. If the Purchaser is a consumer, he has the right to withdraw from the sales contract concluded with the Company.
2. In order to exercise the right of withdrawal from the sales contract concluded with the Company, the Purchaser is obliged to inform the Company of his decision to withdraw from the contract by making an unequivocal statement (a letter sent by e-mail or regular mail).
   
3. In the event of withdrawal from the contract, the Company will return to the Purchaser all payments received.
   
4. The Company will refund the payment using the same means of payment that the Purchaser used when making payment for the returned Services. An exception to the above may be made if the Purchaser agrees to a different method of payment refund.
   
5. The Purchaser has the right to withdraw from the contract if the Company violates the provisions of the Regulations.

§9 Purchaser's rights under warranty

1. If defects in the Services are found, the Purchaser may file a warranty claim.
2. The Company shall be liable under warranty for the quality of the Services offered and shall handle complaints under the applicable warranty provisions of the Civil Code.
   
3. The Purchaser is required to provide in the complaint application data that will enable the Company to identify the order, the Purchaser who ordered it and the date of the order.
   
4. For this purpose, the Purchaser should provide the Company with the following data in order to enable due processing of the complaint:
   
   1. Purchaser's data, including e-mail address or mailing address, allowing the Company to communicate with the Purchaser in order to respond to the reported complaint,
      
   2. Order number,
      
   3. Description of Service Disadvantages,
      
   4. Indicate the desired method of handling the complaint (repair, replacement, price reduction, refund).
      
5. The purchaser will be notified of the outcome of the consideration of a complaint filed under the warranty immediately, and in the case where the complainant is a consumer who enters into a contract of a non-professional nature - no later than within the statutory period of 14 days from the date of receipt of the complaint. The above deadline may vary if, with respect to specific products or due to special circumstances, the time for processing a complaint, resulting from mandatory provisions of law, is shorter.
   
6. The Company is not obliged to and does not consent to out-of-court resolution of disputes with consumers under the procedure provided for in the Law of September 23, 2016 on Out-of-Court Resolution of Consumer Disputes. If, as a result of the complaint filed by the Purchaser who is a consumer, the dispute between the Company and the Purchaser has not been resolved, the Company shall provide the Purchaser who is a consumer with a statement of refusal to participate in the procedure for out-of-court resolution of consumer disputes.

§10 Protection of personal data

1. The administrator of the data processed for the execution of the order is Chemax Sp. z o.o. Sp.k. with its registered office in ul. Kądziołeczki 20, 02-850 Warszawa, Poland, entered the Register of Entrepreneurs of the National Court Register, maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register, under KRS number: 0000534084, having NIP number: 5252603290, REGON number: 360345792 (Company).
2. Making contact with the Company in order for the Company to take action at the request of the data subject prior to the conclusion of a contract is tantamount to consenting to the processing of personal data for the purpose of preparing and executing an order, within the meaning of Article 6(1)(a) of the RODO. From the moment the contract is concluded (the order is placed), the processing of the Purchaser's personal data takes place on the basis of Article 6(1)(b) of the RODO.
   
3. The personal data provided by the Purchaser in the process of completing the order is data necessary for its execution and will be processed by the Company for the purpose of executing the concluded contract.
   
4. The processing of personal data by the Company is carried out in accordance with the provisions of the RODO, the Law on Personal Data Protection of May 10, 2018. (Journal of Laws of 2018, item 1000, as amended), the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002 No. 144 item 1204, as amended), as well as the Act of July 16, 2004. Telecommunications Law (Journal of Laws 2004 No. 171 item 1800, as amended). In connection with the purposes for which the Company processes Purchasers' personal data, the recipients of their personal data may be entities participating in the performance of obligations under the contract (e.g., the Tax Office, the Social Insurance Institution or companies performing services related to the performance of the contract), as well as entities intermediating in the activities performed by the administrator, such as IT service providers, accounting offices, marketing agencies or law firms.
   
5. The Purchaser has the right to access and correct the content of his personal data, as well as the right to rectification, deletion and restriction of processing (in cases where this is permissible due to the facts and legal obligations incumbent on the Company), the right to data portability, the right to object (e.g. if the data is processed for marketing purposes). In addition, the purchaser has the right to lodge a complaint to the supervisory authority - the President of the Office for Personal Data Protection.
   
6. Where the processing of the Purchaser's personal data is based on consent (e.g., the Purchaser has contacted the Company to obtain information about the Services), the revocation by the Purchaser of consent to the processing of his/her personal data does not affect the legality of the processing performed by the controller prior to the revocation of consent.
   
7. The purchaser may agree to receive commercial information from the Company via electronic communication (to the e-mail address).
   
8. The purchaser may consent to the Company's use of telecommunications terminal equipment for direct marketing purposes.

§11 Final provisions

1. The Company reserves the right to change the Regulations for important reasons, in particular:
   (1) Caused by force majeure or
   (2) A change in the scope, scope or type of business conducted by the Company or the discontinuation of the Company's business or
   (3) Changes in the provisions of applicable law or the issuance of rulings, orders or decisions by state authorities that make it necessary to amend the provisions of the Regulations or
   (4) For other reasons justified by organizational changes in the Company, economic or social reasons, the need to adapt the Regulations to solutions proposed by new technologies or the need to limit/eliminate actions of Purchasers or third parties that are inconsistent with the law, principles of social coexistence, good morals or these Regulations.
2. All images of the Services and names presented on the Website are used for identification purposes only and may be registered trademarks or may be copyrighted by third parties, and their further use, exploitation and presentation in part or in whole is prohibited without the prior consent of the authorized persons.
   
3. The Company does not rent out the offered Services for testing, and therefore it is not permissible to enter into trial contracts or other similar unnamed contracts, such as contracts for testing the Services or sales with reservation of ownership.
   
4. In matters not covered by these Regulations, the relevant provisions of the Civil Code and other relevant, generally applicable laws shall apply.
   
5. Any disputes that may arise between the Parties shall be resolved by the Common Court having jurisdiction over the Company's registered office, which does not exclude the rights of Purchasers who are consumers in this regard.
   
6. Amendments to the Terms and Conditions shall come into effect after they are published on the Website, in particular, this applies to changes in the prices of the Services.
   
7. The Regulations in effect and published on the Website on the date of the contract shall apply to the contract concluded between the Company and the Purchaser. An amendment to the Terms and Conditions after the date of the contract and before the performance of an obligation by either party shall not affect the content of the already concluded contract or the rights and obligations of the parties.
   
8. If any provisions of these Terms and Conditions are found to be contrary to or irreconcilable with the provisions relating to the rights of Consumers, in particular the provisions of the Consumer Rights Act, or to constitute an illegal contractual provision, then such provisions shall not be applied only to consumers and shall be considered towards them as if they had not been reserved in these Terms and Conditions. The provisions of Paragraph 8 will be applied accordingly to entrepreneurs, entering into a contract of a non-professional nature, to the extent that the wording of the generally applicable provisions of law so requires.
   
9. These Regulations are protected by copyright and its copying, reproduction in whole or in part without the consent of the authorized persons is prohibited and constitutes a violation of copyright, which may result in legal action against the infringer of these rights.
   
10. The Company may make changes to the Website at any time without prior notification to its users and Service Purchasers or third parties in this regard, in particular, it may remove available Services from the Website, change indicated prices or other elements regarding presented Services, as well as add descriptions or features for particular Services, may introduce new Services, may introduce, change or remove promotions, sales, etc. Changes on the Website are effective as of the date of their publication on the Website and do not apply to agreements concluded prior to their publication.