DROPSHIPPING regulations

REGULATIONS ON "DROPSHIPPING"

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Article 1. GENERAL PROVISIONS

Whenever the following terms are used in this document, they shall be assigned the meanings specified below:
1. Supplier – COLIBRA POLSKA Sp. z o.o. with its registered office at ul. ks. Biskupa Wincentego Tymienieckiego 25c/221, 90-350 Łódź, registered in the National Court Register - register of entrepreneurs by the DISTRICT COURT FOR ŁÓDŹ-ŚRÓDMIEŚCIE IN ŁÓDŹ, XX ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000895650, NIP 5223201287, REGON number 38874477700000. (“Administrator”), email: colibra@colibra.eu, phone: +48 (22) 798 97 45
2. Dropshipping – a service commissioned by the Ordering Party and provided by the Supplier, consisting of the direct delivery of goods from the commercial offer purchased by the Ordering Party from the Supplier to the End Customer,
3. Business Day – any day from Monday to Friday, excluding public holidays;
4. End Customer – a person or entity with whom the Ordering Party has concluded a sales contract for goods purchased from the Supplier;
5. Commercial Offer – the totality of goods offered by the Supplier for sale to Ordering Parties, available for purchase via the Supplier's website located at http://colibra.eu;
6. Regulations – these regulations serve as a contractual template within the meaning of the provisions of the Civil Code, defining the provisions of the framework agreement on cooperation between the Parties regarding the provision of Dropshipping;
7. Ordering Party – an entrepreneur conducting business in the form of online sales, purchasing goods from the Supplier's Commercial Offer along with the Dropshipping service, having an active account on the Supplier's website located at https://colibra.eu/.
Any Ordering Party that accepts the provisions of the Regulations and the Supplier's Privacy Policy available at https://colibra.eu/en/i/Privacy-Policy/11, whose IT system supporting the Ordering Party's online sales is integrated with the Supplier's website via XML and CSV files available at https://colibra.eu/, may use Dropshipping.
The Ordering Party's use of Dropshipping is equivalent to the full acceptance of the provisions of these Regulations and the Supplier's Privacy Policy available at https://colibra.eu/en/i/Privacy-Policy/11.

Article 2. SUBJECT OF THE AGREEMENT

Dropshipping, unless the Parties have agreed otherwise, standardly includes: accepting orders from the Ordering Party, preparing the goods for shipment along with their packaging, delivering the goods to the End Customer, and including a basic withdrawal form required by Article 30 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014.827), the template of which is attached as Annex 1 to the Regulations.
Sharing an account on the Supplier's website with third parties is prohibited.
The Supplier grants a free, non-exclusive, non-transferable permission to the Ordering Party to use materials and information available through integration using XML and CSV files, as mentioned in 1.2., solely for the purpose of promoting and selling the Ordering Party's goods from the Commercial Offer. The use of materials and information mentioned in the previous sentence for other purposes and by other persons than those specified in the Regulations is prohibited.

Article 3. ORDERS AND SHIPMENT OF GOODS

Orders may be placed and executed exclusively through the Supplier's website available at https://colibra.eu/ using the account assigned to the Ordering Party created in this service (Colibra products).
The Ordering Party places an order by indicating in the cart the type of order as "dropshipping order."
The Ordering Party provides the delivery address for the goods covered by the order for the End Customer. Only one delivery address can be indicated for one order.
Assigning the status "Waiting for payment" to the order in the Supplier's online service is equivalent to accepting the order for execution, with the reservation that the Supplier may refuse to accept the order within 1 business day, providing the reason for such refusal and changing the order status in the Supplier's online service to "Cancelled."
The order cannot be cancelled or modified by the Ordering Party if the order status in the Supplier's online service has been changed to "In progress," subject to point 3.6.
Shipment of goods will occur upon acknowledgment of payment made by the Ordering Party to the Supplier.
Goods will be delivered to the End Customer's delivery address in packaging adapted to the characteristics of the assortment and suitable for transport and receipt conditions, as well as in a manner protecting them from damage or destruction during transport. Goods will be labeled with information and markings in Polish required by law, including EU law, and will also meet other legal requirements. The Supplier is responsible for any damage, destruction, or loss of goods resulting from improper packaging or labeling.
Shipment of goods is carried out through carriers with whom the Supplier has a cooperation agreement. The type and nature of the transport service must be selected from those provided on the Supplier's website.
The risk of loss or damage to the goods and ownership of the goods passes to the Ordering Party at the moment the goods are handed over to the carrier for delivery to the End Customer. Once ownership of the goods passes to the Ordering Party, it is considered that the goods have been handed over to the Ordering Party, and the shipping document confirming the handover is the consignment note.
An order with the status marked as "In progress" in the Supplier's online service will be fulfilled within 2 business days from the day the Ordering Party makes payment for it, unless the payment is made after 1:00 PM, in which case the order will be fulfilled within 2 business days, counting from the day following such payment. The delivery time may be extended for reasons beyond the Supplier's control, which they are obliged to inform the Ordering Party about, except for delays in delivery occurring before Christmas (from November 15 to December 24 of each year), during which the Supplier is not obliged to inform about delays related to delivery.
In case of non-collection of the shipment or refusal to accept it by the End Customer, it will be sent to the Ordering Party's registered office at the Ordering Party's expense, provided that the transport costs of the shipment to the Ordering Party cannot exceed the costs of transporting the goods to the End Customer established on the date of sending such a shipment. The Supplier will issue and deliver to the Ordering Party a VAT invoice for the amount corresponding to the transportation costs of the shipment not collected by the End Customer, with a payment term of 7 days.

Article 4. PAYMENTS

The Ordering Party is obliged to make payment for the ordered goods before their dispatch by the Supplier to the End Customer, using the payment options offered on the Supplier's website. All costs associated with additional fees charged for a given payment method shall be borne by the Ordering Party. The Ordering Party will be informed of any additional costs mentioned in the previous sentence before placing the order. Until the payment is received, the Supplier may refrain from sending the goods to the End Customer.
The Ordering Party bears the full cost of transporting the goods, including the costs of preparing them for shipment. The Ordering Party will be informed of the costs mentioned in the previous sentence before placing the order, and placing the order means the Ordering Party's acceptance of the costs it is obliged to settle.
Payment for the goods includes the sale price for which the Ordering Party purchased the goods according to the placed order, costs related to additional fees charged for a given payment method, and transportation costs for the goods, including costs of preparing them for shipment.
The Ordering Party declares that it is a VAT taxpayer and is authorized to receive VAT invoices, granting the Supplier permission to issue VAT invoices without their signature. Each sold item will have a VAT invoice issued for the Ordering Party.
The Ordering Party declares that it is not a VAT taxpayer and is authorized to receive VAT invoices, granting the Supplier permission to issue VAT invoices without their signature. Each sold item will have a VAT invoice issued for the Ordering Party.
The Supplier does not charge any fees for providing XML and CSV files with the Commercial Offer.
The Supplier does not charge the End Customer any commissions or any other payments related to the sale of goods, subject to point 4.2. or in connection with the execution of Dropshipping.

Article 5. COMPLAINTS AND LIABILITY OF THE SUPPLIER

The Supplier makes every effort to ensure that the quality control process of Dropshipping is carried out correctly and that goods with physical defects are not put into circulation.
The goods purchased by the Ordering Party are intended for resale, and the Parties exclude the Supplier's liability for defects in the goods (Article 558 § 1 of the Civil Code), except in cases where the Supplier expressly provides a warranty for a specific product.
Goods sent via Dropshipping will be accepted for complaints and then evaluated for physical defects only if the complaint is reported by the Ordering Party.
The Supplier is not a party to any agreement between the Ordering Party and the End Customer, which means, in particular, that:
1. All settlements arising from such agreements will be conducted on the terms and conditions specified by their parties,
2. The fulfillment of any obligations or rights by the End Customer related to the agreement concluded with the Ordering Party, especially when the End Customer acts as a consumer, takes place without the Supplier's participation.
If the Supplier acknowledges the defect of the product and the validity of the complaint, the goods will be repaired, replaced with new ones, or the selling price of the goods will be reduced. A refund of the monetary amount in the complaint process may occur only if:
1. The complaint has been acknowledged and the goods in question are no longer included in the Commercial Offer, and repairing them is impossible or economically unjustified,
2. The complaint has been acknowledged and, at the Ordering Party's request, the selling price of the defective goods has been reduced.
The cost of returning the goods to the Ordering Party in case the complaint is not acknowledged by the Supplier shall be borne by the Ordering Party. The cost of sending the Ordering Party a new or repaired product in case the complaint is acknowledged by the Supplier shall be borne by the Supplier.
The Supplier shall not be liable for non-performance or improper performance of its obligations related to the implementation of Dropshipping due to force majeure, which means an unforeseen event that makes it impossible to fulfill the obligation independent of the Supplier, external, unforeseeable, and unpreventable, in particular wars, natural disasters, and acts of state authority and administration.

Article 6. PROCESSING OF PERSONAL DATA

The processing of personal data of End Customers is carried out in accordance with currently applicable legal regulations regarding the protection of personal data, including, in particular, the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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: “GDPR”) and the provisions of the Polish Act of May 10, 2018, on the protection of personal data (Journal of Laws 2018, item 1000 and later amendments).
The processing of personal data by the Supplier within the Dropshipping service is also carried out in accordance with the standards defined in the Privacy Policy, whereby the administrator of the personal data of the End Customer is the Ordering Party – as the entity that commissions the Supplier to perform the service of delivering goods to the End Customer, independently obtaining the personal data of the End Customer and determining the purpose of their processing before transferring them to the Supplier as the processor of this data.
The personal data of End Customers are transferred to the Supplier and processed by the Supplier for purposes strictly related to the execution of the Dropshipping service on behalf of the Ordering Party. The Ordering Party is obliged to ensure that, in the case of personal data of the End Customer, it has a valid legal basis for processing personal data, as specified in Article 6(1) of the GDPR. In particular, it is the Ordering Party's responsibility to obtain the prior consent of the End Customer for the transfer of their data to the Supplier and for the processing for the purpose of performing the Dropshipping service. The Ordering Party's commissioning of the Dropshipping service is equivalent to a declaration by the Ordering Party that it has a valid legal basis for processing the personal data covered by the Order as mentioned above.
The Supplier will not disclose personal data to other entities, except for the carrier, for the purpose of delivering goods to the End Customer. Each End Customer has rights specifically indicated in the Privacy Policy. A request from the End Customer regarding the deletion of data is equivalent to an immediate termination of any agreement for the execution of Dropshipping concerning the delivery of goods to the delivery address of a given End Customer.

Article 7. FINAL PROVISIONS

Each agreement for the provision of Dropshipping executed by the Supplier based on an order placed by the Ordering Party is subject to the provisions of the Regulations.
In the event of a conflict between the provisions of the Regulations and the individually agreed conditions for the implementation of Dropshipping, the provisions of the Regulations shall prevail, subject to point 7.4.
Individually agreed and accepted by the Supplier and the Ordering Party conditions for the implementation of Dropshipping, having written form under penalty of nullity, shall always take precedence over the provisions of the Regulations.
The Ordering Party is obliged at the time of placing the order to provide the Supplier with the following data, which will be used to preliminarily complete the basic withdrawal form, the template of which is attached as Annex 1 to the Regulations:
1. the name of the Ordering Party,
2. if the Ordering Party is a natural person, their first name(s) and surname(s) (first names and surnames of all partners conducting business within the framework of a civil law partnership),
3. the full postal address to which a declaration of withdrawal from the End Customer, who is a consumer, is to be sent, and to which the goods are to be returned,
4. identification numbers NIP and REGON, and in the case of entities registered in the register of entrepreneurs, also the KRS number,
5. if available, the phone number, fax number, and email address.
The liquidation or temporary deactivation of the account assigned to the Ordering Party on the Supplier's website results in the immediate termination of the cooperation agreement between the Parties concerning the provision of Dropshipping and the withdrawal from agreements for the execution of Dropshipping, excluding orders for which the Ordering Party has made payments for orders that will be executed under the appropriate application of the provisions of the dissolved cooperation agreement regarding the provision of Dropshipping and the individually agreed conditions for the execution of Dropshipping.
The liquidation or temporary deactivation of the account assigned to the Ordering Party on the Supplier's website may occur at the request of the Ordering Party or based on the Supplier's decision.
The Supplier reserves the right to liquidate or temporarily deactivate the Ordering Party's account on the Supplier's website if it finds:
1. a breach by the Ordering Party of the provisions of the Regulations or the individually agreed conditions for the execution of Dropshipping,
2. the emergence of arrears on the part of the Ordering Party in the fulfillment of payment obligations to the Supplier in connection with the economic cooperation of the Parties other than the execution of Dropshipping.
3. the need to terminate the provision of the Dropshipping service.
The Supplier is authorized to change the Regulations at any time, provided that it is obliged to notify the Ordering Party of the planned change 14 days before its introduction, simultaneously making the updated Regulations available on the website at: http://colibra.eu. The notification of the planned change to the Regulations may occur by sending email correspondence to the Ordering Party or making information about the planned change available directly on the website at: https://colibra.eu/. The Supplier is entitled to change the Regulations without the obligation to inform the Ordering Party about such change in advance if the change is a consequence of changes in generally applicable law.
These Regulations come into effect on January 7, 2015, and for Ordering Parties who are already using the Dropshipping service within 14 days from the placement of this version of the Regulations on the website at https://colibra.eu/, with the stipulation that Annex 1 – the basic withdrawal form will apply to each of the orders placed from January 7, 2015, in place of the previously used basic return form, due to changes in regulations – the entry into force of the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014.827).

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