TERMS OF SERVICE OF BIVROST.PRO ONLINE STORE

TERMS OF SERVICE OF BIVROST.PRO ONLINE STORE

These Terms of Service establish the rules governing the use of the Store run by the Seller on the domain: www.bivrost.pro
The Seller is BIVROST spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (01-445) at 13/310 E. Ciolka Street, registered in the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register (KRS) under number KRS: 0000584360; National Business Registry Number REGON: 362940085, Tax Identification Number NIP: 1182114571, share capital in the amount of PLN 85,850.00, which is the owner and administrator of the Store.

DEFINITIONS:

Processing Time

time in which an order is picked and then released to a carrier in order to deliver the Product to the address indicated by the Client, or the time in which the Digital Product is launched; in the case of the Product, the Processing Time shall not include the delivery time

Business Days

days of the week from Monday to Friday (except for public holidays according to the Polish legislation)

Client

a natural person pursuing business activity or a legal person or an organizational unit without legal personality which enjoys capability to perform acts in law under relevant provisions, registered within the territory of the European Union, Great Britain, Iceland, Norway, Switzerland, USA, using the services of the Store or concluding the Sales Agreement with the Seller in connection with their business or professional activity

Account

a service provided by electronic means; a modifiable element of the Store created upon completion of the registration procedure by the Client, in which Client’s information and details related to their Orders are stored

Cart

a service provided by electronic means; a form constituting an integral part of the Store shopping system, in which the Client indicates and confirms the subject matter and the conditions of the Order

Privacy Policy

a document governing security of protecting and processing personal data of Clients; The Privacy Policy constitutes an appendix to these Terms of Service available at www.bivrost.pro/pages/privacy

Product

a tangible product (including engineering samples) available in the Store which may constitute the subject matter of the Sales Agreement; relevant and specific properties of each Product are presented on the dedicated subpage of the Store

Digital Product

a product manufactured and rendered available in digital form (which is not stored on a tangible carrier), in particular software and knowledge base

Terms of Service

these terms of service of the Store; The Terms of Service shall be rendered available free of charge prior to the conclusion of agreements on the Store website, as well as—upon Client’s request—in a manner which enables the Client to obtain, reproduce and record the content of the Terms of Service by means of a teleinformatic system.

(Online) Store

 

a website available at: www.bivrost.pro through which the Client may in particular place the Order for available Products and Digital Products

Sales Agreement

a sales agreement concerning the Product or Digital Product concluded between the Seller and the Client by means of the Store’s sale system in accordance with the provisions of these Terms of Service; in the case of the Digital Product, the subject matter of the Sales Agreement shall be purchase of access to the software or other content

Order

a declaration of Client’s intent which directly results in conclusion of the Sales Agreement, stating relevant conditions of the Agreement, filed by means of the Cart function; Orders may be placed by electronic means through the Store’s sale system, 24 h a day, 7 days a week, 365 days a year, with a proviso that they shall be processed on Business Days between 10:00 a.m. and 06:00 p.m. CET.
  1. GENERAL PROVISIONS
  • These Terms of Service establish rules governing the use of the Store, in particular the terms and conditions of using the services provided by electronic means, placing and modifying the Order, filing complaints, making payments and other rights and obligations of the Client and the Seller.
  • Any person willing to use the Seller’s services shall be obliged to become acquainted with these Terms of Service first. The filing of the Order or registration of the Account shall be tantamount to acceptance of the Terms of Service without reservations.
  • Some Products or Digital Products provided by the Seller may be subject to terms and conditions which are additional and supplementary to these Terms of Service. In the case of any divergence between these Terms of Service and the terms and conditions applicable to such Product or Digital Product, the terms and conditions applicable to it shall prevail.
  • The entity using the Store warrants and represents that:
      - they have full capacity to perform acts in law and no enforcement or liquidation proceedings are conducted against them;
      - they use the Store in connection with their business or professional activity;
      - they have become acquainted with these Terms of Service (or regulations pertaining to the Digital Products) and have no reservations to them.
    • Information included in the Store shall not constitute an offer within the meaning of the Act of 23 April 1964—the Polish Civil Code, but shall constitute an invitation for the Clients to place
    • The Client shall be prohibited from providing content of unlawful nature and using the Store in a manner which distorts or prevents its proper operation.
    • In order to use the Store, the Client shall meet the following minimum technical requirements: a device with the Internet connection, an installed and updated version of Internet browser: Internet Explorer (9 and higher), Edge (41 and higher), Chrome (30 and higher), FireFox (34 and higher), Opera (12 and 30 and higher), Safari (4 and higher); with enabled JavaScript and Cookies support (subject to respective provisions of the Privacy Policy), an active e-mail account. The recommended minimum screen resolution: 1024x768 pixels.
    1. ACCOUNT AND OTHER SERVICES PROVIDED BY ELECTRONIC MEANS
    • The Store shall also provide the Clients with free of charge services provided by electronic means through functionalities of the Store, i.e.: interactive forms, in this the registration form, the Account, and the Cart.
    • The Client, always using the form functions, shall be obliged to provide their accurate, up-to-date and correct details, or else the Order shall be null and void and cancelled.
    • Each of the agreements for provision of services by electronic means may be terminated by the Client at any time without providing reasons, as specified here or in further provisions of the Terms of Service. The Agreements for provision of services by electronic means which consist in the use of form functionalities shall be concluded for a limited period of time and shall be dissolved upon sending the form content to the Seller or Store or upon ceasing to use them. The Client may also resign from the services rendered by means of interactive forms by refraining from using such services.
    • In order to set up the Account and gain the status of a registered Client, a user shall first complete the registration procedure. The registration is carried out by means of a dedicated form, by entering relevant details and then activating the “Register” button. Upon Client’s confirming completion of the Registration by means of an activation link sent to their e-mail address, the agreement for provision of service of operating the Account by electronic means shall be concluded for an unlimited period of time between the Client and Seller.
    • In the course of registration the Client shall set a password which shall enable them to access the Account. The Client shall be obliged to protect the password and may not reveal it to third persons. The Account shall be non-transferable. The Client shall be obliged to update and correct their details within the Account which are necessary for execution of the Order, so as they are at all times correct, accurate and up-to-date.
    • The Seller shall not be held liable for Client’s rendering the Account available to a third person or for third person’s using the Account without Client’s supervision.
    • The Client may terminate the agreement for operating the Account at any time with immediate effect by deleting the account by means of the “Usuń konto” (Delete the account) function on their profile on the Store website. Termination shall become effective upon deletion of the Account by the Client.
    • If the Client infringes these Terms of Service, then the Seller may delete their Account, stop execution of the Order and cancel any non-executed Orders.
    1. ORDER AND SALES AGREEMENT
    • The Orders may be placed by the Clients who have the status of a registered user of the Store.
    • The Client shall prepare the Order by virtually adding relevant Products or Digital Products to the Cart by means of the “Add to cart” button. Upon confirmation of the selected Products or Digital Products and payment, delivery and contact details, the Client shall indicate in the Order form the form and price of delivery and payment method. Having completed the Order, the Client shall confirm it and send it to the Seller by activating the “Check out” button.
    • In the course of placing the Order until activating the “Order” button, the Client may identify and correct errors in the Order and to modify it through the Store’s sale system.
    • After that, the Client may change the Order, in particular they may correct errors in the entered data, until sending the Product through direct and immediate contact via e-mail at: contact@bivrost.pro, indicating the Order number.
    • While placing the Order, the Client shall make the Seller an offer to conclude the Sales Agreement concerning the Products or Digital Products being the subject matter of the Order. The Sales Agreement shall be concluded upon acceptance of the said offer by the Seller. Acceptance of the offer shall be confirmed by acceptance of the Order for execution by the Seller.
    • The condition subsequent of the Sales Agreement shall be lack of the Product or Digital Product indicated in the Order. If the lack of the Product or Digital Product refers to a part of the Order only, then the Client may resign from or cancel the Order in its entirety. In such a case, the Sales Agreement shall be deemed not concluded. Otherwise, the Sales Agreement shall remain effective in the remaining scope covering only the available Products.
    • Fixing, securing and rendering the content of the concluded Sales Agreement available shall proceed through the Store’s sale system and shall be sent at the Client’s e-mail address indicated by the Client in the Order. The Client who placed the Order shall receive a digital document confirming conclusion of the Agreement along with its
    • For the avoidance of doubt, the Seller indicates that the Digital Product Sales Agreement shall involve no transfer of the ownership of such Product to the Client, but purchase of access to software or other content on the conditions prescribed for such software or content.
    • The Processing Time shall be 2 (two) Business Days in the event of Products marked “in-stock”. In the case of other Products or Digital Products, the Processing Time shall each time be stated in the description of the Product or Digital Product.
    • The Order execution shall be initiated upon (a) card payment—upon Seller’s crediting the payment, (b) electronic payment through an online payment system—upon confirmation received by the Seller from the payment provider.
    • Upon the lapse of the Processing Time, the Product shall be released to a carrier.
    • The Seller reserves the right to refuse to execute the Order in the case of errors on the Store sites involving erroneous information on Product price or stock, as well as in situations raising doubts as to the authenticity of details provided by the Client in the registration and ordering processes. In such cases the Sales Agreement shall be invalid.
    1. PRICES AND PAYMENT
    • The prices stated on the Store website:
        - shall be net prices;
        -         shall not include additional charges for execution of the Order, such as customs duties and other taxes;
        - shall be expressed in euro;
        - shall not include delivery costs.
        • Total amount of the Order shall be calculated according to the choices made by the Client in the Order form, in compliance with the rates indicated there.
        • Shipping is added based on Clinet's products, shipping choices and location during checkout. The Client is responsible for estimating and covering any additional taxes, fees and/or other costs associated with shipment to Client's locations.
        • Payments shall be made in euro. The Seller states that this may involve conversion costs as applied by certain banks.
        • The Client may choose either of the following payment methods: (a) a bank transfer through an external payment system PayPal operated by PayPal (Europe) S.a r.l. & Cie, S.C.A. with its registered office in Luxembourg, (b) payment with a credit or payment card.
        • The payment deadline shall be 2 (two) Business Days. If upon the lapse of this term the payment for the Order was not made, then the Sales Agreement shall be invalid.
        • For each sold Product or Digital Product an invoice shall be issued. An accounting document shall constitute the confirmation of relevant elements of the placed Order.
        • The prices and costs provided on the Store may be changed (by virtue of a special offer or sales of Products or Digital Products). The terms and conditions pertaining to the Order may not be changed with regard to the Client who placed an offer in the manner prescribed above prior to a change of prices.
        • If as a result of a mistake the Product or Digital Product is accompanied by a false price or erroneous description, then the Seller may reject or cancel the Order with the false price or erroneous description. The Seller may reject or cancel the Order even if the Order was confirmed and Client’s PayPal account or credit or payment card was charged with the payment. In such a case the Seller shall be obliged to return the collected payable to the Client’s PayPal account or credit or payment card.
        1. DELIVERY
          • The Orders shall be delivered to the countries within the European Union, United Kingdom, Norway, Switzerland, Canada, Iceland, USA. Delivery shall be provided by a third-party carrier.
          • The Client shall be responsible for confirming before filing the Order that it is allowed to deliver particular Product or Digital Product to their country.
          • The Product postage costs shall be calculated on the basis of delivery prices as indicated in the Order form and the delivery form selected by the Client. The Client agrees to be charged with the delivery costs. In some cases, shipping costs may be included in the product price. Such information will be posted on the product page or will appear after adding the product to the cart.
          • The Seller shall have the right to deliver the Order whose subject matter are Products of other manufacturers than the Seller in several parcels and with different delivery times.
          • The Product shall be sent only upon making the due payment for the Order.
          • The Order delivery time, depending on the destination, shall be from 2 (two) Business Days to 4 (four) weeks calculated from the end of the Processing Time. This time shall not include the time for which a parcel is held on a border by competent services, e.g. customs service.
          • Upon receipt of the Product, the Client (or a person authorised by them) shall be obliged to check the condition of the parcel, its completeness, compliance with the Order, in particular whether the parcel or its content was mechanically damaged during the transport. If prior to release of the parcel it turns out that it has suffered from any shortage or damage, then the carrier shall be obliged to immediately establish the condition of the parcel and the circumstances of the damage in a report. The carrier should carry out the said actions also upon request of the Client if they claim that the dispatch has been broken into. Acceptance of the parcel without reservations shall be tantamount to acceptance of its condition.
          • The risk of incidental loss of or damage to the Product shall pass to the Client upon releasing the Order for service.
          • The Seller shall not be held liable for untimely delivery of the parcel by the carrier.
        1. SELLER’S GUARANTEE AND LIABILITY FOR DEFECTS
        • The Seller shall grant a 12-month guarantee for selected Products. If it is not stated in the description of the Product that it is subject to a guarantee, it shall mean that the Product is not covered by the 12-month guarantee.
        • Products described as "engineering samples" are not eligible for guarantee.
        • In the case of receiving a faulty or incomplete Product, the Client may file a guarantee claim within 14 (fourteen) days from the day on which the carrier released the Product to the Client. Within this term the faulty Product shall be provided to the Seller for the purpose of examining the grounds for guarantee. Upon this term the claim shall expire.
        • The Seller shall have 21 Business Days for examining a complaint/guarantee claim.
        • The Product should be returned in the original packaging in the same good condition as received and without deficiencies, fully equipped with accessories attached to the Product, along with the complaint/guarantee form describing discrepancies or defects, to be downloaded from the Seller’s website.
        • Each case shall be examined individually in order to diagnose the defects or causes of damage. If the Client receives a defective Product with clear signs of manufacture defect, the Product shall be replaced. If the Product proves to be fully operational, the Client shall cover the costs of diagnostics and return delivery.
        • The costs of delivery in the case of recognition of Client’s guarantee claim shall be reimbursed.
        • If there are Products being sold in the Store which are not manufactured by the Seller, then the manufacturer shall be held liable for satisfying the conditions of guarantee in line with its guarantee policy. For this purpose, the Client shall directly contact the manufacturer of particular Product.
        • Any modifications of the Product or interference with its construction which may affect correct operation of the Products shall cause the guarantee for the Product expire.
        • The guarantee procedure shall accordingly refer to the services provided by electronic means by the Seller. Complaints referring to the services provided by electronic means may be sent to the Seller’s e-mail address: contact@bivrost.pro
        • The statutory warranty for defects shall be excluded between the Seller and the Client.
        • The Seller shall not be held liable for:
            - faulty or incompetent assembly of the Products and accessories,
            - improper use of the Products or Digital Products or their assembly into products of third-party companies,
            - damages to the Products caused during delivery,
            - consequences of fortuitous events which were beyond its control and which prevented or hindered execution of the Order (in particular fire, flood, strike).
          1. AMENDMENT TO THE TERMS OF SERVICE
          • The Seller may amend these Terms of Service due to material reasons, whether legal (e.g. change of generally applicable legal provisions related to Seller’s activity or change of the Seller’s business form) or technical (e.g. modernization of the Store infrastructure).
          • The Clients shall be notified on this fact in a message sent to the e-mail address indicated at registration of the Account or in a message displayed on the Store’s homepage 7 (seven) days before the new Terms of Service come into effect.
          • If within this term the Client fails to delete the Account, then it shall be deemed that they accepted the amended Terms of Service without reservations.
          1. FINAL PROVISIONS
          • The provisions of these Terms of Service shall be applicable in the case of filing the Order by electronic means. It shall be assumed that a person filing the Order with the Store has become acquainted with the Terms of Service and accepted the provisions included therein.
          • Any materials, including graphic elements, layout of such elements, trademarks and other, available in the Store shall be the object of exclusive rights, in particular they shall constitute the object of protection of copyrights and industrial property rights. Using the materials shared in the Store in any form shall each time require Seller’s consent.
          • Should any discrepancy between the English version of these Terms of Service and any their translation occur, the Polish version shall be legally binding.
          • The governing law for all legal relations resulting from these Terms of Service shall be Polish law. To any obligations resulting from these Terms of Service the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods shall not apply. Any dispute arising out of the concluded agreements shall be subject to Polish law and Polish common courts with the local jurisdiction over the registered office of the Seller.
          • These Terms of Service had been prepared in the Polish language and then translated into the English language. In the case of any discrepancies between the Polish language version and its translation, the Polish version shall prevail.
          • The Privacy Policy, available here, is an integral part of these Terms of Service.