Terms of use

of the service platform available at https://sigmastretchfilm.eu/ and the provision of electronic services related to the use of this platform

1. General provisions

   1. These Terms of Use ("Terms of Use") define the terms of use of the service platform ("Platform") available in electronic form at https://sigmastretchfilm.eu/ as well as the services provided electronically within the Platform.
   2. The platform is operated bySigma Stretch Film of Europe Sp. z o.o. with its registered office in Karczew, ul. Przemysłowa 4, 05-480 Karczew, KRS: 0000960612, NIP: 5272993992, REGON: 521514425 ("Sigma").
   3. The platform is not used to make offers to buy products from the Sigma product range ("Products"), to order Products, or to enter into contracts in respect of the Products. The information about the Products contained in the Platform and the User's request for Products do not constitute an offer within the meaning of Article 66 of the Civil Code.
   4. The platform is intended exclusively for entrepreneurs. It is not intended for use by non-business individuals or natural persons conducting business activities, but who wish to contact Sigma for purposes not directly related to their business activity (consumers).
   5. An entity using the services offered by the Platform ("User"), by way of accepting the Terms of Use before using the Services available on the Platform, agrees to the provisions of the Terms of Use and their application to the provision of electronic services by Sigma under the terms of the Terms of Use.

2. Conditions of use of the Platform

   1. The provision of services within the Platform ("Services") takes place using an IT system that ensures the processing and storage, including the sending and receipt of the data, in accordance with the provisions of applicable law, including, in particular, the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws 2017, item 1219, as amended). Services provided in this way include, in particular:
      1. User registration;
      2. reporting the demand for Products together with sending a confirmation of the receipt of the request and the access to the history of submitted requests (for registered Users);
      3. e-mail enquiry form (for non-registered Users).
   2. Sigma provides Services on the Platform exclusively to entrepreneurs.
   3. Browsing the Platform, including the reading of its public content
      (in particular in respect of the range of Products and their specifications), is possible for every Internet user (without the need to register). The use of some of the Services available on the Platform as indicated in the Terms of Use requires prior registration.
   4. Only an entrepreneur, i.e. a natural person conducting business activity, a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, may register with the Platform and then use its Services. The possibility of registration and use of its Services by persons who are consumers within the meaning of the Civil Code is excluded. Sigma is not responsible for the consequences of registration within the Platform in violation of the Terms of Use.
   5. In order to properly use the Platform, you should:
      • have a computer or other device with installed software making it possible to use a web browser, such as Google Chrome, Mozilla Firefox, Microsoft Edge, with cookies enabled, pop-ups enabled and JavaScript, frames and CSS styles enabled;
      • have an Internet connection with a bandwidth that allows for proper display of pictures, presentations, and the operation of the system found on the Platform.
   6. You may not provide illegal content to the Platform, such as:
      1. information and data prepared in a way that poses a risk of compromising IT security or stability of the Platform;
      2. information that infringes intellectual property rights, including Sigma copyright and trademark rights or those of third parties;
      3. other information and data that violate mandatory laws and/or third party rights;
      4. offensive or uncensored content.
   7. Sigma reserves the right to suspend or terminate access to the Platform (in its entirety or to selected Services), without prior notice, due to a violation, by the User, of the prohibition referred to in the preceding paragraph or other terms of these Terms of Use, including, but not limited to, due to violation of copyright or other intellectual property rights, as well as due to repeated minor violations.

3. Registered User

   1. The registration process consists of creating an account ("Account") assigned to the User on the Platform. An account is created by:
      1. Sigma - at the request of the User, or
      2. the User himself/herself - using the registration form on the Platform, if such form was made available on the Platform at a given time.

      To create an Account you need an active e-mail account.

   2. In order to set up an Account, a User is obliged to provide the following data: first name, surname or a company name under which the business is conducted, registered office address and possibly delivery address, Tax Identification Number or EU VAT number, telephone number (optional) and e-mail address.
   3. The condition for creating an Account is acceptance of the Terms of Use and consent to the processing of personal data for the purpose of providing Services by Sigma within the framework of the Platform. In the case referred to in paragraph 1 point 1, the User declares that they accept the Terms of Use.
   4. After filling in and sending the registration form by the User and its acceptance by Sigma in terms of compliance with the Terms of Use, a registration confirmation is sent to the e-mail address specified in the form. The User then activates the Account and generates an access password with which they can log in to the Account on the Platform.
   5. Registration of an Account on the Platform enables the User, in particular, to:
      • report the demand for Products,
      • review the history of reported Product requirements.
   6. Registration and use of the Account is free of charge.
   7. The User is obliged to update the data in their Account in the event of occurrence of any changes.
   8. The User has the possibility to edit or demand the removal of the data collected within the framework of the Account on the Platform.

4. Content of the website

   1. On the https://sigmastretchfilm.eu/ website there are Product proposals for which a registered User can submit a request, and where an unregistered User can send an inquiry about the Product.
   2. Information concerning the Products includes, among other things: a preview image of the Product, its weight, colour, width, pallet size, product code, and as regards the logged-in Users - also an approximate price.
   3. In the event that you fail to register an Account on the Platform, or if you browse the website without the status of a logged-in Account on the Platform, limited information concerning the Products is available.
   4. Sigma reserves the right that graphics or photographs of Products may differ from their actual appearance, although Sigma makes every effort to ensure that graphics or photographs included in Product information reflect the actual appearance of the Products as much as possible. Any discrepancy between a graphic or photograph and the actual appearance of the Product may not give rise to any claim against Sigma.
   5. The prices specified for the Products are of indicative nature. The final prices of individual Products are presented when Sigma makes an offer in response to a request or inquiry. All prices of the Products are net prices (excluding VAT).

5. Accepting requests and responding to enquiries

   1. The platform is a tool to disseminate information about Sigma products among the existing and future contractors and to support sales of Sigma products. The platform enables a registered User to request indicated Products or to make inquiries about the Products by an unregistered User by way of an e-mail form. No agreements between Sigma and Users are concluded, and no statements of intent to conclude a contract are made through the Platform.
   2. A registered user who is logged in to an Account makes a request by selecting Products of interest to them on the Platform.
   3. Once the User has made a request, the User will receive an automatic e-mail with the confirmation of the request. The request will be verified by Sigma for Product availability. If the User does not receive an automatic e-mail confirming the receipt of the request by Sigma, they should contact Sigma using the correspondence address or e-mail address as specified in Chapter I.
   4. Further contacts between Sigma and the User, in particular with regard to the possibility of fulfilling the demand or the impossibility of fulfilling the demand, including the offer to sell the Products for which the User has made a demand, including the final price of the Products and other conditions necessary to fulfil the demand, such as the terms and costs of delivery and possible completion dates, take place outside the Platform and do not constitute Services provided within the frame of the Platform.
   5. The User does not make payments (initial or final) through the Platform.
   6. Sigma shall not be liable where - due to the absence of a Product for which a demand has been made or, due to a lack of a required quantity - it is impossible for Sigma to make an offer or a full offer to meet the demand of the selected Product.
   7. An unregistered User may, using the e-mail form available on the Platform, submit an inquiry to Sigma regarding the Products. Sigma shall respond to the inquiries sent by e-mail, to the address provided by the User in the form, which occurs outside the Platform and does not constitute a Service provided within the Platform. If the content of the inquiry permits, Sigma's response may constitute a binding Sigma offer to sell the Products.

6. Complaint procedure

   1. A User may submit a complaint to Sigma regarding the functioning of the Platform, including the Services provided under the Platform, to the correspondence address or e-mail address specified in Chapter I. of these Terms of Use. The complaint should contain the User's data allowing for their identification, a description of the objections raised, as well as such User's proposals for resolving the problem raised in the complaint.
   2. Sigma will process the complaint within 14 days of its delivery.
   3. In a situation where the complaint does not contain all the necessary data, Sigma , if possible, will ask the User to supplement it to the extent necessary, and the deadline indicated in the preceding sentence begins to run from the date of delivery of the fully supplemented complaint.
   4. The response to the complaint is sent to the e-mail address assigned to the User's Account. If the User requested it in the complaint, Sigma may send a reply to another e-mail address specified in the complaint, that is not assigned to the User's account, or in writing to the address indicated in the complaint.
   5. If it is not possible to process the complaint within the time limit set out in the Terms of Use, Sigma will inform the complainant, stating the reason for the extension and the predicted time of providing the response.

7. Final provisions

   1. To the extent not regulated by the Terms of Use, the relevant provisions of Polish law shall apply. Polish law shall be applicable to the Services provided by the Platform, as well as to all matters concerning the Platform. Any legal disputes arising within the scope of the Terms of Use (in particular those related to the Platform) shall be resolved by a Polish common court of general jurisdiction in accordance with general principles.
   2. If any provision of the Terms of Use is found to be illegal, invalid, or for any reason unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms of Use shall not be affected. The repealed provision will be superseded by another legal provision, whose purpose is as close as possible to such repealed provision.
   3. The Terms of Use in an electronic version are available on the Platform (Terms of use). If necessary, the User may request Sigma to send the Terms of Use available in the .pdf format to the e-mail address specified by the User.
   4. Sigma may make changes to the Terms of Use. The changes take effect when they are published on the Platform. Registered Users will receive an electronic message to the e-mail address assigned to the Account of a given User with the information about the changes to the Terms of Use.
   5. These Terms of Use are supplemented by the following documents, available on the Platform (Privacy policy, Processing of personal data).
   6. Privacy policy.
   7. Cookie policy.
   8. Information clause on the processing of personal data.
   9. The User may contact Sigma with remarks on the functioning of the Platform and the services provided within it, using the correspondence or e-mail addresses specified in Chapter I of the Terms of Use.