Terms and Conditions of the ChemFun Online Store

§1. General provisions

These Terms and Conditions define the rules for using the ChemFun online store available at chemfun.eu, in particular the rules for browsing the product catalogue, placing online orders, sending quotation enquiries, making payments, arranging deliveries, submitting complaints and using product documentation.

The owner of the online store and the seller is:

The ChemFun store is a B2B technical and sales catalogue for chemical products, industrial chemicals, raw materials, reagents or other products indicated in the catalogue.

The store is intended primarily for entrepreneurs, companies, institutions, laboratories, production plants and other professional customers. If the store technically allows an order to be placed by a consumer, the provisions concerning consumers and entrepreneurs with consumer rights also apply.

These Terms and Conditions are made available free of charge on the store website in a manner that allows them to be obtained, reproduced, saved and printed.

Before placing an order or sending an enquiry, the Customer should read these Terms and Conditions, the Privacy Policy, the Cookie Policy, the delivery and payment information and the information displayed on the product page.

§2. Definitions

For the purposes of these Terms and Conditions, the following terms apply:

1. Seller – ChemFun Krzysztof Marek, operating the ChemFun online store.
2. Store – the online store and technical sales catalogue available at chemfun.eu.
3. Customer – a natural person, legal person, organisational unit, entrepreneur, institution or other entity using the store, placing an order or sending an enquiry.
4. Consumer – a natural person entering into a legal transaction with the Seller which is not directly related to their business or professional activity.
5. Entrepreneur – a natural person, legal person or organisational unit conducting business or professional activity.
6. Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it does not have a professional character for that person.
7. Product – goods presented in the store, in particular a chemical product, raw material, reagent, preparation, substance, mixture, technical product or industrial product.
8. Online product – a product that can be added to the cart and ordered directly through the store if a price, variant, payment method and delivery method are available.
9. Product on request – a product whose price, availability, packaging, quantity, documentation or transport conditions require individual confirmation.
10. Product page – a product subpage containing commercial, technical, descriptive, documentation or safety information.
11. SDS/MSDS – a safety data sheet or product safety document, if applicable to a given product and required or available under applicable regulations or documentation.
12. Order – a Customer’s statement submitted through the store for the purpose of purchasing an online product.
13. B2B enquiry – a message sent by the Customer regarding a product, price, availability, packaging, documentation, transport or cooperation terms.
14. Business days – days from Monday to Friday, excluding public holidays in Poland.

§3. Store character and sales model

The ChemFun store operates as a B2B technical and sales catalogue with the option to purchase selected products online and handle products requiring an enquiry.

Products in the store may be marked as:

1. available for online purchase,
2. available on request,
3. available after confirmation,
4. available in specific packaging or variants,
5. requiring individual delivery terms,
6. requiring additional formal or technical verification.

Listing a product in the catalogue does not automatically mean that the product is available in every quantity, in every variant, for every Customer and through every delivery method.

The Seller may make order fulfilment or offer preparation conditional upon:

1. confirmation of product availability,
2. confirmation of price,
3. confirmation of packaging or variant,
4. confirmation of transport feasibility,
5. provision of company details,
6. provision of a tax identification number, if applicable,
7. provision of additional information required for a given product.

In the case of chemical products, the Seller may refuse to fulfil an order if justified legal, technical, transport, safety or formal restrictions exist.

§4. Using the store

To use the store, the Customer needs a device with internet access, an up-to-date web browser, an active e-mail account and support for cookies and JavaScript to the extent necessary for the basic functions of the store.

The Customer should use the store in accordance with the law, good practice, these Terms and Conditions and the intended purpose of the store.

The following is prohibited in particular:

1. providing unlawful content,
2. providing false data,
3. placing false orders,
4. interfering with the operation of the store,
5. attempting unauthorised access to the system,
6. using the store for activities that violate the law.

The store may allow the creation of a Customer account if such functionality is activated. The detailed scope of account functions may result from the store settings.

§5. Products, descriptions and technical data

Products presented in the store may include descriptions, technical data, commercial information, CAS numbers, synonyms, English names, information on packaging, variants, photos, SDS/MSDS documents or other product materials.

Product information is commercial and technical in nature and is intended to identify the product and facilitate placing an order or sending an enquiry.

Chemical data, technical parameters, safety information, classifications, pictograms, H statements, P statements, EUH statements, UFI, transport information, storage information and SDS/MSDS documents may come from manufacturers, suppliers, trading partners or other sources appropriate for the given product.

Product photos are for illustrative purposes unless clearly stated otherwise for a given product. The actual appearance of packaging, labels, colour or markings may differ from the photos shown in the store if this does not affect the essential properties of the product.

In the case of product variants, packaging, capacities, prices, availability, photos and delivery terms may differ depending on the selected variant.

The Seller may update product descriptions, prices, availability, documents and other information without prior notice to Customers, provided this does not infringe rights arising from contracts already concluded.

§6. Chemical products and safety

Some products presented in the store may be substances, mixtures, preparations or products requiring a specific method of use, storage, labelling, transport or handling.

The Customer undertakes to use the products in accordance with:

1. applicable laws,
2. product documentation,
3. the SDS/MSDS safety data sheet, if applicable,
4. manufacturer’s or supplier’s instructions,
5. safety rules,
6. requirements concerning storage, transport and disposal,
7. the intended use of the product.

The Customer is responsible for assessing whether a given product is suitable for the intended application, unless the parties have expressly agreed otherwise in a separate form.

The Seller is not liable for the use of a product contrary to documentation, applicable laws, safety rules, the intended use of the product or information provided with the product.

The Seller may request additional information from the Customer concerning company details, industry, intended product use, quantity, storage method, transport method, authorisations or other data required for a given product.

Failure to provide the required information may result in refusal to fulfil an order or inability to prepare an offer.

§7. SDS/MSDS and product documentation

If applicable regulations require a safety data sheet or other documentation to be provided for a given product, the Seller makes it available to the Customer in a manner appropriate for the product and transaction.

Documentation may be available on the product page, sent electronically or provided in another form agreed with the Customer.

The absence of a document directly visible next to a product does not automatically mean that the document does not exist. The Customer may contact the Seller to confirm the availability of documentation.

In a documentation enquiry, the Customer should provide:

1. product name,
2. CAS number, if known,
3. packaging or variant,
4. quantity,
5. type of document required,
6. company details and contact details.

The Seller does not prepare individual safety data sheets based on unverified data provided by the Customer.

The Customer should not base decisions concerning product safety, transport, storage or application solely on shortened information visible in the store without reviewing the relevant product documentation.

§8. Prices and promotions

Product prices may be provided as net prices, gross prices or both, if this is clearly indicated next to the product.

In B2B relations, the Seller may present net prices, gross prices or both, provided this information is clear to the Customer.

If the store allows a consumer to make a purchase, the price presented to the consumer should be the gross price, including taxes and mandatory charges, subject to delivery cost information displayed before placing the order.

Product prices may not include delivery costs, cash-on-delivery costs, individual transport costs, special packaging costs or other costs indicated before conclusion of the contract.

The final price of an online order is displayed in the cart or checkout before the order is placed.

In the case of products on request, the price is determined individually and may depend on quantity, packaging, current availability, fulfilment date, delivery costs, transport conditions, supplier prices or additional Customer requirements.

When informing about a product price reduction, the Seller presents information about the lowest price of that product during the 30 days preceding the reduction, if such an obligation results from applicable law.

In the event of an obvious pricing, technical or system error, the Seller may contact the Customer to clarify the situation, propose the correct price or refuse to fulfil the order at the incorrect price if the error was obvious and possible to notice.

§9. Placing online orders

An online order may be placed for products that have an active add-to-cart option.

To place an order, the Customer should:

1. select a product,
2. select a variant or packaging, if applicable,
3. add the product to the cart,
4. go to the cart or checkout,
5. provide the required data,
6. select an available delivery method,
7. select an available payment method,
8. accept the required terms and consents,
9. confirm the order.

Placing an order means that the Customer submits an offer to purchase the product under the conditions indicated in the store.

The sales contract is concluded when the Customer receives confirmation from the Seller that the order has been accepted for fulfilment. Automatic confirmation of order receipt does not yet constitute confirmation of fulfilment if the order requires verification of availability, delivery or product restrictions.

The Seller may contact the Customer after the order is placed to confirm data, availability, packaging, variant, delivery, payment, company details or other information required for a given product.

If the order has been paid for and cannot be accepted for fulfilment, the Seller will refund the Customer’s payment to the extent that the order has not been fulfilled.

§10. Products on request and B2B enquiries

Products marked as products on request do not have to include an active price, cart or standard checkout.

A product on request may require individual determination of:

1. price,
2. quantity,
3. packaging or variant,
4. availability,
5. fulfilment date,
6. documentation,
7. delivery terms,
8. payment terms,
9. sales or transport restrictions.

Sending a B2B enquiry does not mean that a sales contract has been concluded.

The Seller’s response to an enquiry may be informational, commercial, technical, offer-related or preliminary in nature. An offer is binding only when this is expressly indicated and its terms and validity period are specified.

The Seller may ask the Customer for additional information before preparing an offer. Lack of response from the Customer may make it impossible to prepare an offer.

§11. Payments

Available payment methods are displayed in the cart, checkout, on the store information page or agreed individually for B2B enquiries.

The store may offer in particular:

1. online payment via Przelewy24,
2. traditional bank transfer,
3. cash on delivery, if activated for a given order,
4. another method agreed individually with the Seller.

The availability of a specific payment method may depend on the type of product, order value, selected delivery method, Customer status, company details, store configuration, product restrictions or individual arrangements.

In the case of online payment, the Customer may be redirected to an external payment operator.

In the case of traditional bank transfer, order fulfilment may begin after the payment has been credited or after another confirmation agreed with the Seller.

Cash on delivery applies only to selected products and delivery methods if this option is active for a specific order.

Failure to make payment within the required time may result in cancellation of the order.

§12. Deliveries

Available delivery methods are displayed in the cart, checkout, on the store information page or agreed individually for B2B enquiries.

Delivery may be carried out in particular by:

1. InPost,
2. DPD,
3. courier,
4. pickup point,
5. personal pickup, if confirmed,
6. individually agreed delivery,
7. another method agreed with the Seller.

The availability of a delivery method may depend on the type of product, packaging, quantity, weight, dimensions, order value, transport restrictions, chemical properties of the product, delivery address, carrier availability, store configuration or individual arrangements.

Not every product can be shipped using every delivery method.

The Seller may propose another delivery method if the method selected by the Customer is not appropriate for the product or order.

The order fulfilment time may depend on product availability, payment method, delivery method, completeness of Customer data and any need for additional verification.

Upon receiving the shipment, the Customer should check its condition, in particular whether the packaging is damaged. In the event of visible damage to the shipment, the Customer should, where possible, report this to the carrier and the Seller.

§13. Right of withdrawal from the contract

A Consumer who has concluded a distance contract generally has the right to withdraw from the contract within 14 days without giving a reason, unless a statutory exception to the right of withdrawal applies.

Rights concerning withdrawal from the contract also apply to an entrepreneur with consumer rights if the law grants such rights.

The withdrawal period is 14 days from the day on which the Consumer took possession of the goods or on which a third party other than the carrier and indicated by the Consumer took possession of the goods.

To exercise the right of withdrawal, the Consumer should inform the Seller of their decision by an unequivocal statement, for example by e-mail to office@chemfun.pl.

The Consumer may use the withdrawal form template, but this is not mandatory.

The Consumer should return the product without delay, no later than 14 days from the day on which they withdrew from the contract, unless the Seller offered to collect the product or the parties agreed otherwise.

In the case of chemical products, before returning the product, the Customer should contact the Seller to agree on a safe return method, in particular if the product has been opened, tampered with, damaged, is a hazardous substance or requires special transport conditions.

The safe return procedure does not limit the statutory right of withdrawal if such right applies, but it serves to maintain safety rules for chemical products.

The right of withdrawal may not apply in cases specified by law, in particular in relation to products made according to the Customer’s specifications, customised products or products which cannot be returned after opening due to health protection, hygiene or safety reasons, if such an exception applies.

§14. Complaints

Complaints from consumers and entrepreneurs with consumer rights

A Consumer and an entrepreneur with consumer rights may submit a complaint concerning non-conformity of goods with the contract in accordance with applicable law.

The Seller responds to a consumer complaint within 14 days from the date of its receipt if the law requires such a deadline.

The complaint should include:

1. full name or company name,
2. contact details,
3. order number, if assigned,
4. product name,
5. CAS number or variant, if applicable,
6. description of the problem,
7. photos or documents, if they may help in handling the complaint,
8. expected method of complaint resolution.

B2B complaints

A Customer who is an entrepreneur should inspect the product immediately after receipt and report any objections to the Seller as soon as possible.

In relations with entrepreneurs other than entrepreneurs with consumer rights, the Seller’s liability under warranty may be excluded or limited to the extent permitted by law.

A complaint may not be based solely on the fact that the product is not suitable for an application which the Customer did not indicate to the Seller before purchase and which does not result from product documentation.

Guarantee

Products may be covered by a manufacturer’s, distributor’s or another entity’s guarantee if such guarantee has been granted. The absence of guarantee information does not limit the Customer’s rights arising from mandatory provisions of law.

§15. Personal data and cookies

The Seller is the controller of personal data.

Personal data is processed in particular for the purpose of operating the store, fulfilling orders, handling B2B enquiries, contact forms, payments, deliveries, invoices, complaints, tax and accounting obligations and pursuing or defending claims.

Detailed information on personal data processing is provided in the Privacy Policy.

The store uses cookies and similar technologies. Detailed information is provided in the Cookie Policy.

§16. Liability in B2B relations

In relations with Customers who are entrepreneurs, excluding entrepreneurs with consumer rights, the Seller’s liability may be limited to the extent permitted by law.

The Seller is not liable for damage resulting from:

1. use of the product contrary to documentation,
2. use of the product contrary to its intended purpose,
3. violation of safety rules,
4. incorrect storage of the product,
5. incorrect transport after receipt by the Customer,
6. mixing the product with other substances without verifying compatibility,
7. providing incomplete or false data by the Customer,
8. using the product in an application not confirmed by documentation.

Limitations of liability do not apply to the extent to which they would be inadmissible under mandatory provisions of law.

§17. Disputes and out-of-court complaint handling

A Consumer may use out-of-court complaint handling and claim settlement methods if such options are provided for by applicable law.

A Consumer may obtain assistance in particular from a municipal or district consumer ombudsman or from competent institutions dealing with consumer protection.

The Seller does not give prior consent to participate in any specific out-of-court consumer dispute resolution proceedings unless such consent is given individually after the dispute arises or participation is required by mandatory provisions of law.

These Terms and Conditions do not refer to the former EU ODR platform because the platform has been closed.

§18. Final provisions

Matters not regulated by these Terms and Conditions are governed by the applicable provisions of Polish law.

These Terms and Conditions do not exclude or limit the rights of Consumers and entrepreneurs with consumer rights resulting from mandatory provisions of law.

If any provision of these Terms and Conditions proves invalid, ineffective or unenforceable, this does not affect the validity of the remaining provisions.

The Seller may amend these Terms and Conditions for important reasons, in particular in the event of changes in law, changes to store functions, changes to payment methods, changes to delivery methods, changes to the sales model, technical changes or the need to clarify provisions.

Orders placed before a change to these Terms and Conditions are governed by the Terms and Conditions in force at the time of placing the order, unless mandatory provisions of law provide otherwise or the change is beneficial to the Customer.

These Terms and Conditions apply from the date indicated at the beginning of the document.