Terms and Conditions

1. The entity operating the B2B platform available at excellentpro.app, hereinafter referred to as the "Platform" or the "Cosmetics Wholesaler", is Gurgul Investment sp. z o.o., ul. Polna 3, 44-285 Kobyla, NIP: 6392018818, REGON: 384767161, KRS: 0000812023, hereinafter referred to as the "Seller" or the "Owner".
2. The Seller may be contacted via:
   • electronic mail (general enquiries): kontakt@excellentpro.app
   • electronic mail (complaints): reklamacje@excellentpro.app
   • the contact form available on the Platform
   • the contact point for authorities and users (in accordance with Articles 11-12 of the DSA): info@excellentpro.app
3. These Terms and Conditions set out the rights and obligations of Customers and of the Seller as the entity managing and operating the Platform.
4. The Platform offers wholesale sales exclusively to professional entities conducting business activity. Retail sales to consumers are not conducted.
5. These Terms and Conditions are available in a Polish-language version.
6. Customers are obliged to respect economic copyright as well as the rights arising from the registration of inventions, patents, trade marks, utility models and industrial designs.
7. The Seller undertakes to process securely the personal data of the persons representing Customers solely for the purpose of the proper performance of the distance sales contract and to the extent required by law. Details are set out in the Privacy Policy.

1. The Platform conducts sales exclusively within the B2B relationship (entrepreneur-to-entrepreneur). Purchases on the Platform are of a professional nature and are directly connected with the business activity conducted by the Customer.
2. The Customer declares that they make purchases in direct connection with their business activity and that the purchase is of a professional nature for them.
3. Exclusion of consumer rights: Sales conducted through the Platform are not subject to the provisions of the Consumer Rights Act of 30 May 2014 concerning contracts concluded with consumers. In particular, the Customer is not entitled to the 14-day right of withdrawal from the contract provided for consumers.
4. Sole traders: Pursuant to Article 38a of the Consumer Rights Act, natural persons conducting sole proprietorship business activity may in certain cases benefit from protection similar to that afforded to consumers, provided the purchase is not of a professional nature for them. Owing to the specialist, wholesale nature of the products offered, purchases on the Platform are always of a professional nature, which the Customer confirms when placing an order.
5. All prices presented on the Platform are net prices and require the addition of VAT in accordance with the applicable regulations.

1. In order to use the Platform, the Customer should have:
   • a device with access to the Internet
   • an up-to-date web browser (Chrome, Firefox, Safari, Edge)
   • an active email address
   • JavaScript and cookies enabled
2. The Platform uses strictly necessary cookies for its operation only (login session, basket, remembering acceptance of these Terms and Conditions). The Seller does not use marketing, analytical or profiling cookies. A detailed list, together with information on storage periods, can be found in the Cookies Policy.
3. Disabling cookies may prevent the Platform from functioning correctly (in particular logging in and placing orders).
4. The Platform is available over the encrypted HTTPS protocol with an enforced encrypted connection (HSTS).

1. Use of the Platform requires the registration of a Customer Account.
2. During the registration process, the Customer provides: the full company name as recorded in CEIDG (the Central Register and Information on Economic Activity) or the KRS (the National Court Register), the NIP number, the registered office address, contact details (email address, telephone number) and an Account password.
3. Verification of entrepreneur status: The Seller verifies the data provided by the Customer, in particular the NIP number, in public registers (CEIDG, the KRS, the VAT taxpayers' White List). Registration may be rejected in the event of a negative verification, the absence of active status or the provision of false data.
4. The Account is activated following a positive verification by the Seller. The verification time is a maximum of 3 business days.
5. The Customer is obliged to provide true and up-to-date data and to update it in the event of any change.
6. The Account password is individual and confidential. The Customer may not disclose the password to third parties.
7. In the event of loss of the password, the Customer may use the password reset function available on the Platform.
8. A registered Customer is able to: place orders, access their order history, receive individual wholesale prices, download VAT invoices, change their data and password, and delete their Account.
9. Setting up an Account is free of charge.
10. The Seller reserves the right to suspend or delete a Customer Account in the event of a breach of these Terms and Conditions, the provision of false data, unlawful actions, or a lack of activity for a period exceeding 24 months.

1. The Platform is available 24 hours a day, 7 days a week, except during maintenance periods.
2. The presentation of products on the Platform does not constitute a commercial offer within the meaning of the Civil Code, but rather an invitation to conclude a contract.
3. The order placement process:
   1. The Customer selects products by adding them to the basket
   2. The Customer verifies the contents of the basket, the quantities and the prices
   3. The Customer selects the delivery and payment method
   4. The Customer accepts the Terms and Conditions and the Privacy Policy
   5. The Customer confirms the order using the "Order with an obligation to pay" button
   6. The Customer receives confirmation of the order at their email address
4. Minimum order quantities: The Seller reserves the right to set minimum purchase quantities for individual products or groups of products.
5. Availability verification: After an order is placed, the Seller verifies the availability of the products in stock.
6. The sales contract is concluded at the moment the Seller confirms acceptance of the order for fulfilment.
7. Pro-Forma invoice: For orders requiring prepayment, the Seller issues a Pro-Forma invoice.
8. Individual prices: The Seller may apply individual price lists for particular Customers.
9. Order cancellation: The Seller reserves the right to cancel an order in the event of product unavailability, a pricing error, the impossibility of carrying out delivery, non-payment or suspected abuse.

1. The Customer may pay for an order by the following methods:
   • Bank transfer - on the basis of a Pro-Forma invoice
   • Cash on delivery - on receipt of the parcel (for selected orders)
   • Transfer with deferred payment terms - for regular Customers, on the basis of individual arrangements
2. The Customer is obliged to provide true and complete data for the VAT invoice.
3. The VAT invoice is issued in electronic form and sent to the Customer's email address.
4. Payment terms: The standard payment term is 7 days from the date the invoice is issued, unless individual arrangements provide otherwise.
5. Late payment: In the event of a delay, the Seller reserves the right to charge statutory interest, suspend deliveries, suspend the Account or pursue the amounts due through the courts.

1. Deliveries are carried out via courier companies within Poland and other countries.
2. The delivery time is up to 7 business days from the moment the payment is credited.
3. Deliveries are carried out on business days, from Monday to Friday.
4. Special orders (goods sourced to order, packaging services, products with individual branding) have individually agreed fulfilment times.
5. Risk: The Seller bears the risk of accidental loss of or damage to the goods until they are handed over to the carrier.
6. Parcel inspection: The Customer is obliged to check the condition of the parcel on receipt. In the event of damage, the Customer should draw up a damage report in the presence of the courier.
7. Delivery costs are presented in the basket before the order is placed.

1. Exclusion of the consumer statutory warranty: Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for defects for physical and legal defects of the item sold is excluded in relations with Customers who are entrepreneurs, save for situations in which the defect was fraudulently concealed.
2. Manufacturer's warranty: A manufacturer's warranty is granted for selected products on the basis of a separate warranty document.
3. Quality complaints: In the event of manufacturing defects, non-conformity with the order or transport damage, the Customer may submit a complaint by contacting the Seller at reklamacje@excellentpro.app.
4. Notification deadline: Complaints concerning visible defects must be submitted no later than 7 days after receipt of the parcel. Complaints concerning hidden defects - immediately upon their discovery.
5. Complaint notification should contain: the Customer's details and the order number, a description of the defect, photographic documentation and the Customer's request.
6. Processing time: The Seller processes complaints within 14 days of receiving a complete notification.

1. The Data Controller of the personal data of the persons representing Customers is Gurgul Investment sp. z o.o.
2. Detailed information on the processing of personal data is contained in the Privacy Policy, which forms an integral part of these Terms and Conditions.
3. Legal bases for data processing:
   • Article 6(1)(b) of the GDPR - performance of the sales contract
   • Article 6(1)(c) of the GDPR - compliance with legal obligations
   • Article 6(1)(f) of the GDPR - the legitimate interests of the Data Controller
4. Rights of data subjects: the right of access to data, rectification, erasure, restriction of processing, data portability, objection, and the right to lodge a complaint with the President of the Personal Data Protection Office (PUODO).
5. Automated decision-making: The Platform does not employ automated decision-making producing legal effects concerning Customers, including profiling within the meaning of Article 22 of the GDPR.

This section takes into account the requirements of Regulation (EU) 2022/2065 - the Digital Services Act.

1. Prohibited actions: The Customer undertakes not to engage in unlawful actions, in particular: not to provide false data, not to grant third parties access to the Account, not to attempt to breach security, not to post illegal content, and not to use the Platform contrary to its intended purpose.
2. DSA contact point: info@excellentpro.app. Notifications are processed within 14 days.
3. Content moderation: The Platform in its current form does not allow content to be published by Customers.
4. Seller's liability: The Seller makes every effort to ensure that the Platform operates correctly. The Seller is not liable for interruptions caused by force majeure, hacking attacks or failures of external infrastructure, nor for damage resulting from improper use of the Platform by the Customer.
5. Limitation of liability: In B2B relationships, the Seller's liability is limited to the value of the order, excluding lost profits, unless the damage was caused intentionally.

1. All content published on the Platform, including product descriptions, photographs, graphics, logos and the page layout, is protected by copyright and constitutes the property of the Seller or has been used with the consent of the rights holders.
2. The Customer may not copy, modify, distribute or use the content from the Platform for commercial purposes without the Seller's prior written consent.
3. The brands "Excellent PRO" and "SG Nails" are registered trade marks belonging to the Seller.

1. The Seller reserves the right to amend these Terms and Conditions for important reasons, in particular: changes in the law, changes to the offering, the introduction of new functionalities, or security considerations.
2. The Seller notifies Customers of any changes at least 14 days in advance by publishing the new version on the Platform, sending information by email, and displaying a message upon login.
3. A Customer who does not accept the changes may, within 14 days, cease using the Platform.
4. Changes to these Terms and Conditions do not affect the acquired rights of Customers.
5. Archiving: The Seller archives previous versions of these Terms and Conditions and makes them available on request.

1. These Terms and Conditions come into force on the day the Platform is launched.
2. These Terms and Conditions are available at excellentpro.app/en/terms in a form enabling them to be downloaded, saved and printed.
3. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular: the Civil Code, the Act on Providing Services by Electronic Means, the GDPR, the DSA, the AI Act, and the Act on the Tax on Goods and Services.
4. Jurisdiction: Disputes shall be resolved by the common court with territorial jurisdiction over the Seller's registered office.
5. Governing law: Contracts concluded on the Platform are governed by Polish law.
6. Severability clause: Should any of the provisions of these Terms and Conditions prove to be invalid, the remaining provisions shall remain in force.
7. These Terms and Conditions are drawn up in the Polish language. In the event of translation into other languages, the Polish version shall remain binding.