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Terms and conditions of use

Terms and Conditions of use related to the direct plastic sales system, operated by Grupa Azoty S.A.

I. General Conditions

1. These regulations define the rules of using and operating the system of direct plastics sales, hereinafter referred to as the "Portal", available at:
www.e-plastics.eu.

2. The Portal is owned by Grupa Azoty S.A.

3. The aim of the Portal is to provide product information related to the plastics produced by Grupa Azoty S.A., to support current and potential customers in the areas of commerce, technical advice and service, before and after sales. In addition, registered users can submit inquiries and, when having the status of an active customer, a user has access to the range of functional tools available on the customer panel, including: procurement, order management, status tracking, preview of ordered goods and services, access to certificates, expanded documentation for ordered goods, possibility of contact with our technical and commercial departments, and filing of complaints.

4. This Portal contains information on the goods offered by Grupa Azoty S.A. as well as related documents for viewing or downloading by a user.

5. The definitions used in these Terms and Conditions have the following meaning:

1) The User – a natural or legal person and an organizational entity without legal personality who has registered, as a result of which an account was created, thus gaining the ability to use additional resources of the Portal.

2) The User – an active customer – a natural or legal person and an organizational entity without legal personality who has registered, as a result of which an account was created and introduced to SAP, thus gaining the ability to use additional Portal resources to make inquiries and to order the products and services offered by Grupa Azoty S.A. within the Portal.

3) The Administrator – Grupa Azoty S.A. based in Tarnów, at ul. Kwiatkowskiego 8, 33-101 Tarnów, Poland, registered in the District Court for Kraków-Śródmieście in Kraków, 12th Economic Division of the National Court Register under the number KRS 0000075450.

4) Customer Assistant – an employee of Grupa Azoty S.A. responsible for contacts with the customer as well as for providing additional information and implementing orders.

5) Sales Manager/Representative – an employee of Grupa Azoty S.A. responsible for contacts with the customer as well as for providing additional information, drawing up offers, responding to inquiries and agreeing commercial terms.

6) Service Technician – an employee of Grupa Azoty S.A. responsible for contacts with the customer on technical matters, giving assistance in the selection of materials, advice and support, before and after sales.

7) Contract – a buying and selling contract which is concluded as a result of the User’s operations in the sales system included in these Terms and Conditions.

8) Goods – plastics, semi-finished and finished plastics, services covered by buying and selling contracts.

9) Account – an account managed by the Administrator for the User under a unique name (login) which is a collection of resources where the User’s data and his activities relating to the Portal are collected.

10) Terms - these Terms and Conditions

6. The necessary condition to use the Portal is the User's prior acceptance of these Terms.

7. The Administrator declares that the provisions of the Terms may be amended, modified or replaced by other conditions, such as purchase details, services, and shipping.

8. By registering with this Portal, the User accepts the Terms and certifies that the given data are true.


II. User Registration

1. Some pages require a login and thus are protected by a password. In order to gain access to these parts of the site, the User needs to register and to have an active account. To create an account the User must register, free of charge, in the system by completing the form and accepting these Terms. After completing the registration form as well as confirming that the data are true, and after receiving the Administrator’s approval, an e-mail will be sent to the specified address indicating the Username and Password for the Portal (User data).

2. User Data allows the User to log in to the Portal at any time to view the User's data.

3. Subsequent changes must be immediately reported to the Administrator

4. The Administrator may condition the registration and use of some web pages on the reliability of the User data supplied in the registration form. Data validation is usually effected by attaching a copy of the registration documents confirming the information contained in the form (including a current copy of the extract from the National Court Register (KRS) / extract from Central Registration and Information on Business (CEIDG), certificate of awarding Taxpayer ID and Business ID (REGON).

5. The Administrator reserves the right to refuse registration for some Users who have not undergone proper registration or for other reasons that may negatively affect the interests of the Administrator.


III. Right of Use

1. The information, software, source code, and documentation provided by the Administrator cannot be distributed by the User to any third party. The User also cannot modify the downloaded records.

2. The Portal has the right to send to the User via electronic mail (e-mail) messages such as notifications and newsletters. These messages may contain advertising content. If the User does not want to receive messages from the site, they may delete their account from the Portal. In this case, the relevant information should be sent via e-mail to the Administrator, with the request to remove the account.

3. At the end of each online session, the User should log out of the Portal.

4. The Administrator has the right, at any time and without any obligation to give reasons, to prevent a logged User from accessing the web pages protected with a password. The Administrator may permanently or temporarily block a User account, in particular if:

1) false data are given in the registration process,

2) the User violates the Terms,

3) the User violates the binding law when using the Portal,

4) the User works to the detriment of the Portal Administrator.

5. After receiving the above information, the Administrator will block access to the password-protected area for the User. The User can regain access to the account only after unlocking it by the Administrator.

6. Once locked, the User will not be able to log in to the system and the history of orders and invoices will be invisible.

7. If the User receives information that third parties abuse the data contained in the form, the User should immediately notify the Administrator via e-mail or phone. The User may at any time send a written request to the Administrator to terminate the User's use of the Portal.


IV. Property

1. All materials available on the Portal are subject of the exclusive rights of the Administrator. They are subject to copyright, industrial property rights, including the rights of trademark registration under statutory legal protection.

2. Downloading or using non-standard support for the User's account to any extent shall require the written consent of the Administrator and cannot violate the provisions of these Terms and the binding law, or prejudice the interests of the Administrator.


V. Rights and Obligations of the User

1. The User of the Portal is directly responsible for the User's own actions and omissions, and can be brought to justice, especially when:

1) the User violates the intellectual property rights or other proprietary rights,

2) the User forwards any content containing viruses or any other malicious software,

3) the User transmits, stores or sends hyperlinks or contents to which the User is not entitled, in particular when the hyperlink or contents are in breach of confidentiality obligations or are unlawful,

4) the User diffuses and disseminates adverts or unsolicited e-mails (known as "spam") or inaccurate warnings of viruses, defects or similar materials,

5) the User causes technical difficulties or even prevents the functioning of the Portal.

2. The Administrator may refuse access to the Portal at any time, especially when there is a suspicion of a breach of these Terms.


VI. Liability for Defects and Quality

1. All information, software or documentation is provided free of charge. Liability for defects in the quality of the Portal, information, software and documentation are excluded from the claims of the User and third parties towards the Administrator except for the existence of wilful misconduct by the Administrator.

2. Information presented in the Portal may contain specifications or general descriptions of the technical possibilities of individual products. Technical characteristics of the product and its current availability should be agreed and confirmed by the Customer Assistant or Service Technician at the time of purchase.

3. The Administrator reserves the right to stop the Portal activity, in whole or in part, at any time.

4. The Administrator is not responsible for continuous access to the Portal.

5. The User is requested to report promptly to the Administrator any errors in the Portal activities via the following email: plastics@grupaazoty.com.


VII. Responsibility for Anti-virus Security

Although the Administrator makes every effort to keep the Portal safe from viruses he cannot guarantee that the Portal will always be free from viruses. The User for his own safety should take the necessary steps to ensure appropriate virus protection before downloading any information, software or documentation.

VIII. Shipment

1. The goods purchased via Portal are transported only by reputable shipping companies which have signed relevant agreements with the Administrator.

2. The User can select another shipping company provided that the User pays for the shipment.

3. Each consignment sent by shipping companies with whom the Administrator has signed the contract, is insured.

4. When the User receives the goods, the courier is required to wait for 15 minutes in order to verify the shipment after transport. If it is determined that the item is defective, the User must write down the damage protocol under which the courier will handle the complaint. The courier is obliged to have protocol forms.

5. The consignment should be checked with the courier. If the shipment shows signs of tampering, the User must check this with the courier. This also applies to products with damaged packaging. In case of damage the User must refuse to take the consignment, and write a protocol. This protocol should include a precise description of the damage/defects of goods; it is also important to have a legible courier’s signature on it. The courier gives one of the copies to the User. After completing the protocol the User should immediately contact the Order Supervisor and report the problem with the order.

6. If the User finds damage to the goods within 7 days of their receipt, the User should contact the courier company in order to draw up a relevant protocol.


IX. Additional Terms

1. The Portal is operated only by authorized and trained personnel of the Administrator.

2. The Portal is serviced by Enterprise Services.

3. The Administrator does not guarantee that the information, software, and documents contained in the Portal will be properly available outside the Republic of Poland.

4. Matters not covered in these Terms shall be governed by the Civil Code.

5. The Parties will do their best to settle amicably any disputes which may arise from breaching these Terms. Any disputes arising out of this Contract shall be settled by courts competent for the Administrator’s registered office.