Terms and conditions

§ 1

1. The subject contract of the present agreement is the specification of the rules of commercial cooperation between the SELLER and the BUYER, i.e. sale of goods offered by the SELLER, in particular the agreement specifies the rules of placing orders, dates of delivery and warranty conditions.

§§ 2

1. The Parties declare their will to permanent commercial cooperation.

2. The BUYER declares its will to purchase the goods included in the SELLER's commercial offer and undertakes to pay for the purchased goods within the agreed time limit.

3. The SELLER undertakes to sell to the BUYER the goods included in its commercial offer under the conditions specified in the present contract.

4. Sales shall be performed on the basis of orders placed by the BUYER.

5. Orders can be placed via the B2B system located at: wwwlivinhill.com

6. The order should specify in detail the type and parameters of the goods ordered and the size of the order.

7. The basis for placing orders is the current offer of the SELLER.

8. The receipt of the order will be confirmed by the SELLER.

9. Orders will be processed within no more than 14 working days of order confirmation.

10. In the case of goods from the SELLER's offer which are currently unavailable in the SELLER's warehouse, the time limit for processing the order shall be determined individually.

11. The place of collecting the order at the BUYER's disposal shall be the SELLER's warehouse located in Szczecin 70-892 at 4 Dobropole Street,

12. The goods shall be released from the SELLER's warehouse by an authorized person from the BUYER. The BUYER is responsible for the person who collects the goods from the SELLER.

13. In the event of delivery of goods to the BUYER by the SELLER, the goods shall be delivered to any person at the premises of the BUYER.

14. The goods shall be transported to the BUYER by a carrier engaged in this type of carriage. The goods shall be released at the moment when, for the purpose of delivery of goods to their destination, the SELLER or the BUYER has entrusted them to a carrier engaged in the carriage of such type of goods.

§ 3

1. The seller undertakes to transfer the ownership of the purchased goods to the buyer on the Livin Hill B2B portal and transfer the ownership of the goods to the buyer. The seller also undertakes to hand over the purchased goods by the buyer. The buyer, on the other hand, is obliged to pay the agreed price for the goods and to collect them.

2. The delivery of the subject matter of the order to the shipping address indicated by the BUYER requires each time the BUYER's instruction via the B2B system), if this address is different from the BUYER's address.

§4

1. The SELLER has the right to refuse to execute the order or deliver the goods if the BUYER is late with the payment of any amount due.

TERMS AND CONDITIONS

§ 5

1. Sales will be made at the contract prices, based on the prices in force at the Seller's at the time of receipt of the order

2. VAT will be added to the agreed sales price at the rate in accordance with current legislation.

3. Payment shall be based on an invoice or order issued by the SELLER.

4. Invoices shall be provided to the BUYER in electronic form. Only such form is deemed correct by the BUYER.

5. The BUYER accepts that the SELLER issues and sends invoices electronically in accordance with the rules for issuing, sending invoices electronically.

6. The BUYER or a person authorized to collect goods shall be fully responsible for checking the delivery against the enclosed invoice or document from the warehouse or order confirmed by the SELLER. In the event of discrepancies, the BUYER shall notify the SELLER of this incident as soon as possible, however, not later than by the end of the day on which the goods were received, or else the BUYER shall lose its claims in this respect.

7. In the event that the BUYER receives goods inconsistent with the enclosed invoice or document from the warehouse or the order confirmed by the SELLER, the BUYER shall communicate this fact to the SELLER, and the BUYER shall return the goods to the address specified by the SELLER at the SELLER's cost. The SELLER undertakes to dispatch the correct goods subject to availability and upon confirmation of receipt of goods not in conformity with the aforementioned documents.

8. The BUYER shall be obliged to check on delivery, in the presence of a courier, the condition of the consignment. In the event of detecting any loss or damage in the shipment or any interference with its contents, the BUYER shall fill in a damage report with the courier at the time of collecting the goods from the carrier company under pain of losing the right to return the purchased goods. The damage report should be sent to the SELLER via the B2B system by the end of the day on which the shipment was received.

9. At the BUYER's request, the subject matter of the order shall be delivered to the BUYER elsewhere by a carrier engaged in carriage. Please write this information when placing an order on the B2B portal.

10. The date of payment made by bank transfer shall be understood by the parties as the money received on the SELLER's bank account.

11. The BUYER declares that it is registered for VAT in the EU. The BUYER authorizes the SELLER to issue invoices without the BUYER's signature.

12. The BUYER shall pay interest to the SELLER in the event of late payment.

13. The parties to the contract agree that the return of goods for reasons attributable to the BUYER is possible only after the registration of the return of goods on the Livin Hill B2B panel on www.livinhill.com. After the return is accepted by the SELLER. In such a case, the SELLER shall have the right to charge the BUYER for the return.

§ 6

1. The BUYER shall be entitled to warranty rights under the terms and conditions set forth in the "WARRANTY CARD FOR GOODS in Livin Hill" constituting the content of this contract. (available at wwwlivinhill.com) The BUYER hereby declares that the BUYER has read and accepts the content thereof.

TERMS AND CONDITIONS OF USING THE B2B PANEL

§ 7

1. The sale of goods is carried out by placing orders through the B2B system, following the registration of the BUYER.

2. Access to the B2B sales panel will be registered to the e-mail address indicated by the BUYER as the B2B e-mail.

3. Registration of the User on the B2B panel will take place according to the terms set forth in the Terms of cooperation of the Livin Hill B2B portal. The User will be granted access to the panel at www.livinhill.com. The BUYER is authorized to read and accept the “Terms of cooperation of the B2B Livin Hill panel” during the registration.

4. All orders made from a user account shall be treated as orders of the BUYER, and the BUYER shall be fully responsible for the orders of its Users (also for orders made from User accounts, using their logins and passwords).

PRINCIPLES PERSONAL DATA PROTECTION

§ 8

1. The Administrator of your personal data is the company Comad Sp. z o.o. based in Szczecin, Dobropole 4, 70-892, REGON: 812377868 , registered in the Register of Entrepreneurs kept by the District Court in Szczecin, XI Economic Department of the National Court Register under KRS number 0000112837 (hereinafter referred to as the "Administrator").

2. The contact details of the Administrator are as follows: Comad Sp. z o.o. 4 Dobropole St. 70-892, Szczecin, e-mail address info@livinhill.com, telephone +48 91 489 90 95

3. The legal reason for the processing of personal data (in terms of: name, surname, address, telephone number and e-mail address provided in the order) in the case of an order, this type of data is necessary for the conclusion of a contract between the parties or for the purpose of taking action prior to the conclusion of such a contract within the meaning of Article 6(1)(B) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "Regulation").

4. The legal reason for processing personal data (in the scope: name, surname, address, telephone number and e-mail address given in the order) in case of internet registration, ordering e-mail newsletter, downloading catalogue, downloading 3D models. Your consent is given to the Administrator within the meaning of Article 6(1)(A) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

5. The legal reason for the processing of personal data (in terms of: name, surname, address, telephone number and e-mail address provided in the order) in the case of an order, the Administrator's interest in processing personal data is also justified for better communication with the customer in the case of repeat orders within the meaning of Article 6(F) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

6. The purpose of processing personal data is direct marketing, i.e. sending offers and commercial information to e-mail and postal addresses - if provided - and other marketing activities of Comad Sp. z o.o.

7. The Administrator will keep your personal data for a period of 5 years from the last purchase, at the latest until you withdraw your consent to the processing of your personal data. In the case of online registration, ordering an e-mail newsletter or catalogue, your personal data will be stored by the Administrator until you withdraw your consent to the processing of your personal data.

8. Other recipients of personal data will be forwarding companies and other persons involved in the delivery of goods or payments under a sales contract, and in the case of consent of the person providing marketing services for the Administrator

9. The Administrator does not intend to transfer your personal data to a third country (to a country outside the EU) or to an international organizations.

10. According to your terms and conditions, you have the right to ask the Administrator for access to your personal data, the right to rectify or erase your personal data or restrict the processing of your personal data, the right to object to the processing of your personal data and the right to data portability.

11. You have the right to withdraw your consent to the processing of your personal data provided to the Administrator at any time. However, this does not affect the lawfulness of the processing of personal data before the withdrawal of consent

12. You have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data has been breached or infringed.

13. You have the right to object at any time to the processing of your personal data for direct marketing purposes including profiling, if the profiling concerns such marketing. If you do not agree to the processing of your personal data for direct marketing purposes, your personal data will no longer be processed for these purposes.

14. You are not obliged to provide personal data. The provision of personal data is a necessary condition for the conclusion and performance of the contract, but without the provision of personal data, it is not possible to conclude a contract or for the Administrator to perform it.

FINAL PROVISIONS

§ 9

1. The contract has been concluded for an indefinite period of time.

.2. he SELLER shall have the right to terminate the contract with immediate effect in the event of a breach of the provisions of the present contract, in particular if the BUYER is in delay with the electronic payments to the designated e-mail indicated in accordance with §7 section 2.

3. In the event that the SELLER exercises its right to terminate the contract with immediate effect or in the event of failure to settle all payments to the SELLER within the period of notice of termination of the contract, all receivables under the present contract shall become immediately due and payable as at the date of termination of the contract, and the SELLER shall have the right to pursue their payment in full.

§ 10

1. The Parties undertake to keep secret everything they learn in connection with the performance of the Agreement about the other Party, its rules of operation and its contractors.

2. The Parties undertake not to disclose to any other person the contents of this Agreement, in particular information concerning business conditions.

§ 11

1. The PARTIES shall be obliged to inform each other about any change of the company's data, change of address/seat, change of ownership structure (changes of entities in civil law partnerships and partnerships), change of legal form as well as ordering and receiving persons.

§ 12

1. All disputes that may arise in connection with the performance of the present contract shall be settled by the common court competent for the registered office of the SELLER.