"ABITOO Sp. z o.o." – Private Limited Company specialises in the sale of products classified as stock production surplus, end of line stock clothing, shoes, accessories, etc.,
Provided by the Executive Director Alex Hudusin, Located at Adama Mickiewicza 12a, 59-700 Boleslawiec, Poland, Trade register number KRS: 511542.
hereinafter referred to as ABITOO.
§ 1 GENERAL.
ABITOO sells products classified as stock (stock production surplus, end of line stock) of European manufacturers of clothing, shoes, accessories, underwear and so on, (hereinafter referred to as good(s) / product(s)) on the official website www.brands2buy.net (hereinafter referred to as (web)site / official (web)site) to the customers and business partners (hereinafter referred to as customer / buyer / client) solely to the conditions set out below.
These General Terms and Conditions apply to all contracts concluded with the ABITOO, including all future contracts, and all orders placed on the official website of the ABITOO. General Terms and Conditions different from the following regulations are not the part of the contracts. ABITOO reserves the right to make changes in the following Terms and Conditions. Any changes will take effect one month after the date of publication.
§ 2. TERMS OF ORDER & DELIVERY.
a) Offers published on the official website (hereinafter - offers) are not binding for ABITOO; ABITOO reserves the right to make changes in the description, price and quantity of goods.
b) In order to use the site, the client has to create an account and provide all the necessary information about him/herself. The account has to be confirmed (verified) by the site administrator. The validity of the account is unlimited. The client can cancel his/her account anytime. Placing orders is not required for creation of the account. Creating and cancelling of an account is for the client free of charge.
c) It is only possible to place orders only on the official website of ABITOO. The order indicates the ordered quantity, type of delivery, type of payment and price of the order including discount. Verbal agreements have no legal weight. As a confirmation of the order, customer receives a confirmation on the e-mail address associated with his/her created account. The confirmation email indicates the order details, payment details and the date by which the payment has to be done. Order details are also displayed in the closed section of the website "My Account", which is available only to the client. In case, that customer fails in doing the payment for the order until in the confirmation mail specified date, ABITOO reserves the right to cancel his/her order without any special notice.
d) We deliver the goods only EXW – Ex Works. EXW means that we have the goods ready for collection at our warehouse on the date agreed upon. The buyer pays all transportation costs and also bears the risks for bringing the goods to their final destination, even, if we are responsible for the loading and organising delivery of the goods.
e) If customer is expecting delivery of a parcel and it gets lost in the post, we abroad must submit a search request to the relevant postal service. A search request can only be made if the lead time specified in the country information has been exceeded by more than two weeks, since in rare cases the problem may just be down to delayed delivery. We will receive a response from the Post Service Centre explaining the outcome of the search and the nature and scope of the service to be rendered. Only after this happens we can send a replacement or organise the back-payment. It may take 4 to 8 weeks to process complaints as we must handle the matter with the postal services abroad.
§ 3. PRICES AND PAYMENT TERMS
Commodity prices are determined according to the current price list. Changes in the price of the goods after confirmation are unacceptable. Changes in the prices of services are allowed after the confirmation of payment, if the need for them arises as a result of increased costs of ABITOO (for example from changes in rates for transportation, shipping). Payment has to be done before the shipment of goods.
§ 4. GUARANTEE / LIABILITY
a) ABITOO does not guarantee an uninterrupted supply of products.
b) ABITOO is not responsible for products once they were picked up by the carrier.
c) ABITOO does not provide either direct or implied warranty on the amount and condition of the goods delivered to the customer, on the goods presented by the customer, on the ability of the customer to acquire profits from the sale or use of the goods.
d) ABITOO is not responsible for:
- damages caused by the failure of customer to sign a contract or failure of the customer's transactions;
- loss of customer´s commercial benefits;
- for a financial loss arising from the use / inability to use the products, their delivery or the possible return;
ABITOO only refunds damages caused by the obvious fault of the company. Damages are compensated only if they can be confirmed with documents that were automatically generated and sent to the customers (forms with the description of the goods (goods specification), generated pro-forma invoice or packing list, products pictures, etc.). The compensation of damages caused by the webpage can be in the single case in the amount of maximum 500 Euros.
e) Compensations in the case of defect in the products are following:
Subjects of compensation can be only defects that cannot be eliminated:
- manufacturing defects (for example seam defects affecting the shape of the product)
- defects and damages of the fabric, which can not be eliminated without damaging the product in general
- unmatched product
Subjects of compensation cannot be defects related to:
- the size, shape, colour of the products, marketability of products, correspondence of the goods to the year season;
- the presence of any defects linked to the storage and fitting, such as smell, damaged or missing labels, buttons, decorations, rivets, straps, belts, buckles and zippers;
- the lack of internal labels about care of the products;
- other defects that can be eliminated.
The client is obliged to inform about defects within 5 working days, in an understandable form in the email or another text form providing information for identification of defects. The client is obliged to support the ABITOO by identification of defects, especially by providing the descriptions and photographs. ABITOO's obligation is to resolve valid complaints within five working days after receiving the complaint. The solution of the complaint is in each case individually.
Justified complaints according to the discretion of the ABITOO may include the following solutions:
- Providing discounts on defective units (discount of future orders);
- Exchange of defective units for another units;
- Refundation of the purchase price by returning of the goods as a whole (for example, a mix or a lot, in which the part were the defective products).
The compensation is not possible if:
- within 5 working days after complaining, the above mentioned information pointing to the obvious presence of guilt of ABITOO wasn´t provided;
- the returning of the units for exchange or a refund of the purchase price was not completed by the customer within 14 working days after getting the confirmation from ABITOO about making an exchange or refunding of the price;
- the number of defective goods is 3 % or less of the total amount of all products from a single order.
§ 5. OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMERS
Customer agrees to use the information posted on the official website solely for the purpose of sale of goods from ABITOO. It is unacceptable to use any information from the official website of ABITOO (text, photographs, other material) for other purposes or to post on other websites without the link to the official website of the ABITOO. ABITOO provides the customer with the access codes to the website needed to get EXCLUSIVE information and to protect personal data of the customer against unauthorised access by third parties. If the customer finds out that his/her access data or personal information become known to others, he/she is obliged to change the password. Customer is solely responsible for the relationship with his/her business partners interested in goods from ABITOO. In this case, ABITOO declines all responsibility.
§6. PERSONAL DATA PROTECTION/NON-DISCLOSURE OBLIGATION
ABITOO reserves the right to keep personal information about a customer, which are relevant to fulfilment of contractual obligations. This specifically refers to the use of that information as evidence in case of disputes between the parties. ABITOO can also use this information for statistical analysis, market studies, etc. ABITOO shall take all measures to preserve the anonymity of information.
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Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
§ 7. SUBJECT TO THE LAW
Contracts with ABITOO are subjects to the jurisdiction of the Poland. These General Terms and Conditions shall enter into force on 27th July 2017. Thus, all previous Terms and Conditions become ineffective.