DeFood Regulations
I GENERAL PART
contains definitions and technical terms of use of the DeFood platform.
1. Definitions
Regulations - this document defines the rules and conditions of providing services, available on the defood.org website. The regulations define the rules of using the DeFood.org platform
DeFood sp. z o. o. with its registered office in Łomża, at ul. Ks. Kardynała Wyszyńskiego 2A/32, 18-400 Łomża, REGON: 520639283, NIP: 7182159559, KRS: 0000937394, with the share capital of PLN 5,000,000, entered into the register of entrepreneurs maintained by the District Court in Białystok, 12th Commercial Division of the National Court Register; hereinafter referred to as the "Service Provider".
DeFood - an online trading platform run by the Service Provider, available on the DeFood.org website. The Platform is used via the User Account. Services on the Platform are available only to registered entrepreneurs, including through the Subscription System; hereinafter referred to as "DeFood" or "Platform".
Place of provision of services - we execute the agreement on provision of services at the registered office of the Service Provider. The DeFood Regulations are subject to Polish law; the law applicable to the provision and performance of agreements covered by the Regulations is the provisions of Polish law. Disputes will be resolved by the court with local jurisdiction for the registered office of the Service Provider.
User - You become a user when you register an Account on DeFood in accordance with the rules set out in the Regulations. Any entity conducting business activity and entered in the appropriate register can become a DeFood user. In the Regulations, we also use the terms "Seller" or "Buyer".
Account - a collection of information about the User, as well as a collection of DeFood functionalities available after registering and logging in to the Platform. Having an Account allows you to store User data, edit it, as well as carry out Transactions on DeFood.
Registration - this is a short description of the form located on the Platform, the completion and submission of which starts the creation of your Account on DeFood. To register on DeFood, you must provide, among other things, your name and surname, set a login and password, which will then allow you to access the Account.
Activation - the process of making the Platform functionalities available to the User, which will allow the use of the DeFood Account.
Product – item or item and service that are the subject of the Offer.
Offer - an invitation to submit offers to conclude a sales contract on the terms specified by the Seller.
Transaction - a set of activities consisting of concluding and performing a sales contract within DeFood between the Buyer and the Seller.
Subscription system - a plan that allows the use of specific services and functionalities on the Platform.
Content - materials (graphic, text, video) placed on DeFood by Users, including Product catalogues, Product or Service data and databases provided by Users and constituting the basis for creating the Offer.
Technical support – technical support services provided by DeFood to Users related to the posted Offers.
Provisions of Polish law - the law applicable to all matters related to the Regulations is Polish law.
2. Technical requirements for using DeFood
To use the DeFood platform you need:
Internet connection, correctly configured browser according to Opera, Firefox, Chrome or Microsoft Edge standards in the highest version,
screen resolution minimum 1024x768,
the option to accept "cookies" is enabled,
JavaScript support enabled and an active e-mail account.
II TRANSACTIONS, I.E. TERMS OF CONCLUSION, PERFORMANCE AND TERMINATION OF AGREEMENTS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
1. General provisions, fees.
If you log in to DeFood, you confirm that you have read and accept our Terms and Conditions. This also means that you have entered into an agreement with us for the provision of services electronically.
As a User, you declare that you authorize DeFood to send information related to contracts and their execution to the e-mail address provided when placing orders.
Using DeFood is free of charge until the end of 2023.
The Service Provider may introduce changes to the fee for specific services or functionalities available on the Platform. Information regarding price changes will be published on DeFood at least 21 days in advance and also communicated to Users by email. Users may decide within that time whether they also want to use paid services.
During the notice period referred to in point II.1.4. above, the User will have the option to delete the Account in accordance with the procedure described in point II.5. of the Regulations, if they do not wish to continue using DeFood for a fee. Deleting the Account in the case referred to in the previous sentence will not involve the need to pay any fees.
The Service Provider reserves the right to grant – at its own discretion and within the framework of current promotional campaigns – individual discounts. Any granting or change of the discount amount does not require a change to the Regulations.
DeFood prohibits the provision of Content that is of an unlawful nature (e.g. offensive comments). We expect you to respect the law and act in accordance with good manners in such a way that your actions do not negatively affect the security of the Platform's operation or otherwise harm our Users. Respect for the personal rights of DeFood Users and third parties is particularly important to us.
As a User, you declare that the Content provided by you does not constitute a trade secret within the meaning of the Act on Combating Unfair Competition or legal provisions applicable to Users concluding Transactions in a country other than the Republic of Poland.
The User undertakes not to introduce for sale on the Platform Products or Services that violate the provisions in force in the Polish legal system and in the legal systems of the Users who make Transactions. The User undertakes not to introduce for sale on the Platform Products or Services that violate the rights of other people (in particular intellectual property rights).
If we receive official notification of unlawful storage of data, we will take steps to immediately prevent access to this data.
Advertising content may appear on the Platform.
2. User Account
The use of the Platform is possible after registering an Account under the terms and conditions specified in the Regulations. Activation will allow you to place and receive orders for Products or Services via DeFood.
You can create an account by completing the form available on the DeFood.org website.
In addition to providing the above data, registering an Account requires confirmation of acceptance of the Terms and Conditions in the registration form.
Please remember that you are obliged to update any changes to the data you provided when registering your Account in the settings panel.
The Account Panel allows you to individually adjust the scope of notifications regarding your activity in DeFood and the way you receive them (e-mail, SMS). SMS notifications are associated with authorization, in which we will ask you to provide a code sent to the provided phone number. Through the User Account, you can limit the scope of notifications received by employees.
The User is not entitled to use the internal DeFood messenger for purposes other than communication related to negotiating the terms of the Transaction, in particular for targeting advertisements and sending promotional materials related to the services provided by him or her or services provided by third parties.
3. Offer
You can add Products or Services for sale via a completed form with Product or Service parameters. Both options are available in your DeFood Account. Some parameters are mandatory, listing an Offer without these parameters will be impossible.
As a Seller, using the Offer form, you submit an invitation to submit offers. You have the option of posting photos and a description of the Product or Service offered. You are responsible for the information provided in the Offer, which is why we expect you to be reliable. You can add photos to the Offer. The photos must be related to the content of the Offer. The photos may not violate copyright or industrial property rights (in particular trademarks), contain watermarks or reflections. It is permitted for additional photos to show the Product in use, close-ups of important functions, packaging, accessories after unboxing, Product transformations.
The Offer must also include a sales price. Remember that you must select a currency for the Offer you are making. If you wish to offer Products or Services in different currencies, you will need to make separate Offers.
If you wish to sell accessories for Products or Services, services or related products, you must prepare separate Offers for each of the Products or Services. Otherwise, DeFood reserves the right to verify and remove the Offer until the doubts are clarified.
One of the DeFood functionalities is the exchange rate calculator, which will help you find out the price of Offers available on the DeFood platform in other currencies. To calculate the price in another currency, we use the average exchange rate. Remember that the exchange rate calculator is for reference only, and the prices shown in foreign currencies are for illustrative purposes only.
From the moment you publish an Offer, you are bound by its content. A modification is considered to be the submission of a new Offer.
DeFood reserves the right to enrich Sellers' Offers with additional parameters of Products or Services. The enrichment is based on verified sources of information, in particular EAN or catalogs provided by the manufacturers of Products.
DeFood is not a party to any agreements concluded between Users. We are not responsible for the actions of Users, improper performance or non-performance of concluded agreements and for the quality, safety or legality of Products or Services and the process of their delivery or implementation.
4. Order fulfillment
DeFood offers the possibility of negotiating the terms of the Offer via the messenger available in the order panel of your Account. The content and data transmitted via the messenger are not processed by other Users outside DeFood to the extent necessary for the proper implementation of services in connection with the provisions of point II.10-12. of the Regulations.
DeFood enables the parties to the agreements concluded on the Platform to adapt the Offer to the needs of the Buyer. Communication takes place via the messenger available on DeFood.
In response to the submitted request for quotation, the Seller, in a message sent via DeFood, indicates whether modification of the Offer is possible and submits to the Buyer a new Offer for a Product or Service adapted to the Buyer's request for quotation.
The Buyer's acceptance of a personalized Offer is tantamount to the conclusion of a contract by the Buyer for the purchase of a modified Product or Service offered by the Seller.
Before finalizing the order, you will receive information from the Seller about the total price for the order. By clicking the "I sign the contract" button, you accept the list of Products or Services and the price, and thus enter into an agreement with the Seller.
If you place an order through negotiations, as referred to in point II.4.2., you, as the Buyer, propose the price you wish to pay for the Seller's Product or Service. Then, the order is confirmed when both parties - the Buyer and the Seller - accept the new Price Offer for the Seller's Product or Service.
You will receive an order confirmation automatically. We will send an email to both parties - Buyer and Seller - along with the other party's data, taken from the Account.
In connection with the concluded agreement, the Buyer should pay for the Product or Service within the time agreed with the Seller.
The Service Provider does not provide any payment services to Users and does not, to any extent and at any stage, mediate in the execution of settlements between Users (Sellers and Buyers), including at no stage does it come into possession of funds due to the Seller in respect of the Transaction.
5. Conditions for concluding and terminating contracts for the provision of services by electronic means
You may delete your Account at any time by writing to [email protected] .
The termination of your contract with DeFood will occur upon deletion of your Account.
Your last order will be fulfilled under the terms and conditions in force at the time you initiated this order.
If you violate the provisions of these Regulations, we reserve the right to terminate the Account maintenance agreement with a thirty-day notice period. You will receive a justification for such a decision from us. Re-Registration of the Account in DeFood will require our consent. Compliance with the Regulations is a guarantee of avoiding such a situation.
6. Copyright
In connection with the provision of services, DeFood provides Users with content protected by copyright. Any copying of content made available on DeFood and its sharing is prohibited, unless separate agreements state otherwise.
The condition for using DeFood is to have your consent to use the photos of Products or Services and the descriptions prepared by you. The granting by you to us and other Users of the license to use the intellectual property rights occurs at the time of uploading your materials to our server and covers all fields of exploitation known on the date of upload.
We need your consent to use your intellectual property rights to the extent necessary to create Offers, supplement them, make them available and process them in other forms.
Remember that the granted license also covers the creation of so-called derivative works and ensures the possibility of using the materials to supplement the Offers by other entities, including those that may compete with you.
7. Contact
You can contact us in writing by sending a letter to DeFood sp. z o. o.; ul. ks. Kardynała Wyszyńskiego 2A/32, 18-400 Łomża or electronically using the e-mail address [email protected] .
DeFood may use all information you have provided in your Account to contact you.
Both DeFood and the User are obliged to immediately inform each other about any change of the e-mail address for deliveries, as well as any other contact and address details.
8. Complaints
DeFood undertakes to ensure the proper functioning of the Platform and, if necessary, to provide you with assistance in solving technical problems.
If you believe that DeFood is not functioning properly, you can file a complaint to the following address: [email protected] . The complaint should include your details, a brief description of the concerns you are making, the date and time of the problem and a proposal for resolving the complaint.
We will respond to complaints within 14 days; in exceptionally complex situations we reserve the right to extend this period.
If your report lacks details that would allow us to resolve the problem or provide an answer, we will ask you to complete it. The time limit for considering the complaint then runs from the moment we receive the full, necessary description of your concerns.
9. Risks related to the use of services provided electronically
Remember that when using the Internet you may be exposed to:
the operation of malware in a network environment distributed through code replication,
breaking security in order to obtain personal and confidential information and, consequently, identity theft, by sending fake electronic messages resembling authentic messages,
password fishing (phishing) by sending fake e-mails that look like authentic ones and consequently obtain personal and confidential information about the User,
unauthorized eavesdropping, which involves the use of a computer program whose purpose is to intercept and possibly analyze data flowing over the network (spyware),
infringement of copyrights through their unauthorized copying and use without the consent and knowledge of the authorized entity,
sharing malware modified by third parties.
We take actions to minimize the possibility of these threats occurring, in particular through ongoing monitoring of software and networks, and informing you about any increase in risks of a specific type.
10. Responsibility
Transactions are made between Platform Users, therefore DeFood is not responsible for the behavior of Users or their improper performance or failure to perform agreements, as well as the consequences of actions taken by Users and third parties that constitute a violation of the provisions of the Regulations.
We will react if your actions violate the provisions of the Regulations. You may then receive a warning from us. If this proves insufficient, we have the right to limit the functionality of your Account. The final step may be to suspend the Account.
We are not liable under warranty for physical or legal defects of Products or Services and we do not provide a quality guarantee.
DeFood shall not be liable for any interruptions in the provision of services, in whole or in part, resulting from failures, cases of malfunctioning of systems (including transmission systems and teleinformatic systems) beyond our influence or the need to carry out maintenance work on the Platform.
Regardless of this, we reserve the right to suspend the services provided or terminate them in the event of exceptional situations, for which we are also not responsible.
11. Security of your account
If we have reasonable suspicion related to the security of your Account, we will ask you to change your password. After making the change, you will regain access to your Account.
In the event of reasonable suspicion of a breach of security rules, we may apply temporary blocking of Accounts or access to selected services if we believe that the security of the Account or other Users is at risk. Blocking may be removed immediately after the source of the problem has been clarified and removed.
12. Account Suspension
In situations where you violate the provisions of these Terms and Conditions, we may suspend your Account. In particular, this may happen, among others, when:
you transmit content of an unlawful nature, e.g. offensive comments,
you introduce unauthorized or counterfeit Products or Services for sale,
you do not update your data,
you use the internal DeFood messenger for purposes other than communication related to negotiating the terms of the Transaction in accordance with point II.2.6 of the Regulations,
DeFood has the right to suspend the User's Account if it suspects that the User is using the Account for illegal purposes, in particular for conducting fraud transactions . If it is necessary to obtain additional explanations or documents from the User, DeFood suspends the Account for the time of investigating the matter.
In the event of circumstances to suspend the Account, DeFood may, at its sole discretion, leave you access to the suspended Account and access to functions that allow you to settle payments and finalize agreements concluded before the suspension of the Account, provided, however, that in the event of suspension of activity or deletion of the entry in the relevant register, finalizing the Transaction may be hindered (of which you are also obliged to inform the other User of the given Transaction). Other functions of the Account will be disabled.
In situations described in point II.12.1.1-7. and point II.12.2. of the Regulations, DeFood may refuse access to the suspended Account.
When we suspend your Account, we will provide you with the reasons for this decision by email.
In special situations, we may also refuse to register an Account if the Account you used in the past has been suspended. In such a case, we will provide you with a justification for this decision by email at least 30 days before the end of the provision of services to you. In special cases indicated in the regulation, we may end the provision of services at a shorter time.
DeFood has the right to reactivate a suspended Account.
14. Privacy
We process your personal data in accordance with the privacy policy available on the Platform.
For analytical and statistical purposes, we may process other data, not included above, related to your activity on DeFood. We do this in order to improve the quality of services provided and to improve DeFood.
III FINAL PROVISIONS
The Regulations come into force on the date of publication on the website www.DeFood.org , subject to points 2 and 3 below.
DeFood may change the Regulations and launch a new version. The change becomes effective on the date specified by the Service Provider. This date may not be shorter than 15 days from the date of making the amended Regulations available on the Platform. The date may be shorter if we are required to change the Regulations within a shorter period or, as an exception, we change the Regulations in order to counteract an unforeseen and direct threat.
We will notify you about the change of the Regulations by e-mail. If you refuse to accept the changes, it will mean to us that you want to terminate the contract with DeFood. Failure to respond to the sent message about the change of the Regulations is considered as acceptance of its content.
The Regulations have been drawn up and are subject to Polish law, in particular the law applicable to the provision and performance of contracts covered by the Regulations are the provisions of Polish law.
In matters not regulated by these Regulations, the provisions of Polish law shall apply.
In the event of a dispute arising out of the services we provide, we are ready to attempt to reach an agreement through mediation.
DeFood Privacy Policy
General information
This Privacy Policy defines the principles of processing and protection of personal data provided by Users in connection with their use of the website provided by us at www.defood.org (hereinafter referred to as the "Website").
In order to assure the Users of the Website that the protection of the privacy of Users visiting the Website is particularly important to us and to provide Users with information on the subject of personal data collected by the Website, the purpose of their collection and the use of cookies - we present this new Privacy Policy.
We ensure privacy protection at a level at least corresponding to the standards specified in applicable legal provisions, in particular in the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020.344, consolidated text), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard 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 referred to as: GDPR) (consolidated text: OJ EU.L 2016 No. 119, p. 1), the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2019.1781, consolidated text), as well as the Act of 16 July 2004 - Telecommunications Law (Journal of Laws 2019.2460, consolidated text).
The controller of personal data contained in the website is DEFOOD SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Łomża, ul. ks. Kardynała Wyszyńskiego 2A/32, 18-400 Łomża, KRS 0000937394, NIP 7182159559 REGON 520639283.
In order to ensure the security of the data entrusted to us, we have developed internal procedures and recommendations to prevent unauthorized access to data. We control their implementation and constantly check their compliance with the relevant legal acts - the Personal Data Protection Act, the Act on Providing Services by Electronic Means, as well as all types of implementing acts and acts of Community law.
Personal Data are processed on the basis of the consent expressed by the User and in cases where legal regulations authorize the Administrator to process personal data on the basis of legal regulations or for the purpose of implementing the agreement concluded between the parties.
The website performs the functions of obtaining information about users and their behavior in the following manner:
through information entered voluntarily in forms
by collecting “cookies” [see cookie policy].
The website collects information voluntarily provided by the user.
Personal data provided by the User are processed to the extent necessary for the following purposes:
contact;
making products and services available through our Websites;
considering User complaints;
statistical, research;
informational purposes for providing answers to questions asked by the User.
Personal data left on the website will not be sold or made available to third parties, in accordance with the provisions of the Personal Data Protection Act.
The data contained in the form can be viewed by the natural person who placed it there. This person also has the right to modify and stop processing their data at any time.
We reserve the right to change the privacy policy of the service, which may be affected by the development of Internet technology, possible changes in the law on the protection of personal data and the development of our website. We will inform about any changes in a visible and understandable way.
The Service may contain links to other websites. Such websites operate independently of the Service and are not supervised by the Service in any way. These websites may have their own privacy policies and regulations, which we recommend that you familiarize yourself with.
In case of any doubts regarding any of the provisions of this privacy policy, we are at your disposal - our details can be found in the CONTACT tab.