TERMS AND CONDITIONS

for the provision of electronic services

version effective as of 20.11.2023    

These Terms and Conditions set forth the terms and conditions under which ITRO and the Customer shall enter into agreements for the sale of Products by means of electronic communication through the Website, as well as the terms and conditions under which ITRO shall provide other services electronically to the Customers.

I. DEFINITIONS

  1. Act on the provision of electronic services – Act of 18 July 2002 on the provision of electronic services (Polish Journal of Laws 2002 No. 144 item 1204 as amended);
  2. Buyer – Customer making purchases of the Products through the Website;
  3. Civil Code – Act of 23 April 1964 Civil Code (Polish Journal of Laws 1964 no. 16 item 93 as amended);
  4. Consumer-Professional – means a natural person entering into a Sales Agreement or Services Agreement directly in connection with his/her business activity (and thus being an Entrepreneur), if the content of the agreement shows that it does not have a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
  5. Contact Form – the form available on the Website enabling the Customer to send an inquiry or other message to ITRO;
  6. Customer – an entity making purchases of the Products through the Website or using Services on the Website;
  7. Digital Environment – the computer hardware, software and network connections used by the Customer to access or use the Product or the Services;
  8. Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, conducting in its own name a business or professional activity referred to in Article 43(1) of the Civil Code;
  9. Information and Communication System – a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for a given type of network, within the meaning of the Telecommunications Law;
  10. ITRO – Itro sp. z o.o. (limited liability company) with its registered office in Białystok, Poland, Wschodnia 46, 15-158 Białystok, entered in the National Court Register kept by the District Court in Białystok, 12th Commercial Division of the National Court Register, under KRS number: 0000387148, holding NIP (tax identification) number: 7831672763 and REGON number: 301751271, with the share capital of 5 000 PLN fully paid up;
  11. Law on Consumer Rights – Act of 30 May 2014 on consumer rights (Polish Journal of Laws 2014 item 827);
  12. Newsletter – digital content in the form of an e-mail sent periodically by ITRO via e-mail to the e-mail address provided by the Customer or its Representative, containing ITRO’s commercial information, in particular concerning ITRO’s offer, new Products, promotions;
  13. Order – Buyer’s declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of ordered Products;
  14. Order Confirmation – an email message sent by ITRO to the Buyer after submitting the Order, in which ITRO confirms the receipt of the Order;
  15. Privacy Policy – a document containing the principles of personal data processing by ITRO;
  16. Product – a report constituting digital content within the meaning of the Law on Consumer Rights, in the form of an electronic file (PDF) with readable content containing information on sales of the type of products selected by the Buyer in selected markets or worldwide, depending on the Buyer’s preference;
  17. Representative – the person placing the Order on behalf of the Buyer;
  18. Sales Agreement – an agreement for the sale of Products concluded using the Website between a Buyer and ITRO;
  19. Services – jointly the Contact Form and Newsletter services;
  20. Services Agreement – agreement for the provision of Services electronically (Contact Form and Newsletter) concluded remotely, under these Terms and Conditions, between the Customer and ITRO;
  21. Telecommunications Law – Act of 16 July 2004 Telecommunications Law (Polish Journal of Laws 2004 No. 171 item 1800);
  22. Terms and Conditions – this document;
  23. Website – the Internet service available at the www.exportindicator.com address where the Buyer may place Orders and where the Services are provided to the Customer.

II. CONTACT DETAILS OF ITRO

III. GENERAL INFORMATION ABOUT ORDERS AND SERVICES, TECHNICAL REQUIREMENTS AND RISKS

  1. ITRO sells Products and provides the Services through the Website on Polish territory and abroad only to Entrepreneurs.
  2. To view the Website, including browsing the Products range, it is necessary to have a terminal device with Internet access and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version.
  3. To place Orders and use the Services it is necessary to meet the following technical requirements:
  4. possession of a device enabling connection to the Internet,
  5. active connection of the aforementioned device with the Internet,
  6. having an active and properly configured e-mail account,
  7. having a web browser installed (Mozilla Firefox, Google Chrome, Opera, Microsoft Edge, Safari, etc.).
  8. For the use of the Products (their reading) it is necessary to have an up-to-date program for reading PDF files, such as Adobe Acrobat Reader.
  9. Technical conditions mentioned above are important for the proper functioning of the Website and using the Services and Products, the way they are displayed, as well as for the security of data transmitted.
  10. ITRO shall not be responsible for the Customer’s failure to meet the technical requirements outlined above necessary for the use of particular Services or Products.
  11. Particular risk associated with the use of the Website, placing Orders and using Services through the Website, is the possibility of unauthorized persons to gain access to data transmitted over the network or stored on devices connected to the network and interfere with this data, which may cause, in particular, their loss, unauthorized change or prevent use of the Website or Services.
  12. ITRO may introduce into the Information and Communication System, which is used by the Customer using the Website, additional software or data that are not a component of the services content, i.e. it may use cookies other than strictly necessary if the Customer agrees to it in advance.
  13. The Customer should install operating system updates in accordance with the recommendations of the manufacturer of the device and the manufacturer of the operating system. Failure to update the operating system can lead to a decrease in the level of security of use of the Website and Services.
  14. In connection with the use of the Website and Services the Customer is obliged:
  15. not to provide and not to transmit content which is prohibited by law, e.g. content which promotes violence, defames or violates personal rights and other rights of third parties,
  16. to use the Website and the Services in a way that does not interfere with its functioning,
  17. not to undertake actions such as sending or placing unsolicited commercial information (spam) within the scope of the Website and the Services,
  18. to use the Website and the Services in a manner not burdensome for other Customers and ITRO,
  19. to use any content and materials placed on the Website with respect for copyright and other intellectual property rights,
  20. use the Website and the Services in a manner compliant with the provisions of the laws in force in Poland, with the provisions of the Terms and Conditions, as well as with the general principles of using the Internet.

IV. PRODUCTS

  1. ITRO offers separately Products covering reports on imports and exports, taking into account the industries selected by the Buyer, for a given country or worldwide.
  2. ITRO shall exercise due diligence to ensure that the Products available on the Website comply with the factual status at the time of delivery. At the same time, the Buyer acknowledges that:
  3. ITRO has no obligation to update the Product once it has been delivered to the Buyer;
  4. ITRO has no obligation to inform the Buyer of changes in the factual status affecting the Product provided;
  5. unintentional inaccuracy may accidentally appear in the Products.
  6. The Buyer’s failure to use the provided Product despite the possibility of using it shall not entitle the Buyer to demand from ITRO a refund of the price for the Product in question.

V. PRICES

  1. All Products’ prices presented on the Website are given in US dollars (USD).
  2. Prices shown on the Website are net prices. If applicable (depending on the Buyer’s country of origin), VAT will be added during the finalization of the Order or it will be indicated that a reverse VAT mechanism is in effect.
  3. ITRO reserves the right to change prices of Products presented on the Website, introduce new Products for sale and withdraw Products presented on the Website, provided that these changes do not violate the rights of Buyers who have placed an Order before the aforementioned changes were made.
  4. ITRO may carry out promotional actions and sales under separately specified rules.

III. PLACING ORDERS, CONCLUDING A SALES AGREEMENTS, PAYMENTS

  1. To place an Order through the Website, the Buyer does not need to create any customer account.
  2. Orders are placed by means of an order cart and can be placed 24 hours a day, 7 days a week, excluding possible periods of technical interruptions specified by the information message displayed on the Website. Placing an Order is done by taking subsequent technical actions based on the messages displayed to the Buyer and the information available on the Website.
  3. To place an Order, it is necessary for the Buyer or his Representative to provide the following data: first name, last name, company name, VAT number, country/region, street address, zip code, town/city, phone number, email address.
  4. Payment for the ordered Products takes place in the form of 100% prepayment.  Prepayment is made using the following payment methods:
  5. traditional bank transfer to the ITRO’s bank account specified in the Order Confirmation,
  6. debit card (Stripe).
  7. The day of payment is considered the day of crediting the account of ITRO (i.e. the date on which the funds are received in the account of ITRO).
  8. Failure to make payment by the Buyer within 3 working days of receipt by the Buyer of the Order Confirmation will be considered as cancellation of the Order, of which the Buyer will be informed by e-mail.
  9. Sending the Order by the Buyer constitutes a statement of intent to conclude with ITRO a Sales Agreement of the ordered Products, in accordance with the content of the Terms and Conditions and legal provisions.
  10. Information provided by the Buyer, enabling the execution of the Order, should be truthful, complete, current and accurate. Providing false, outdated or inaccurate data may prevent the execution of the Order.
  11. The Sales Agreement is concluded when the Buyer receives the Order Confirmation and makes payment for the Order.
  12. After sending the Order Confirmation and after the payment is credited to the ITRO’s bank account, the Order is transferred for execution.
  13. A VAT Invoice is issued for each Order and delivered to the Buyer’s email address provided in the Order form.
  14. Ordered Products are made available to the Buyer by email to the email address provided during the ordering process within 1 day of placing the Order – in the case of Basic or Basic+ Products, or within 7 days of placing the Order – for Premium Products, if the Buyer, by placing an Order, consents to the delivery of the ordered Product before the expiration of the deadline for withdrawal from the contract and states that they acknowledge that the expression of the above consent causes the loss of the right to withdraw from the contract after the delivery of the Product.
  15. If the Product is not delivered to the Buyer within the timeframe indicated in paragraph 12 above, the Buyer shall summon ITRO to deliver it. The summons referred to in the preceding sentence may be sent by mail or e-mail. If ITRO fails to deliver the Product immediately upon receipt of the summons or within an additional period of time expressly agreed with the Buyer, the Buyer may withdraw from the Sales Agreement. For details on the exercise of the right of withdrawal, see sec. IX. of the Terms and Conditions.

VI. CONTACT FORM

  1. The Contact Form enables to send inquiries or other messages to ITRO via Website.
  2. Sending a message via the Contact Form requires to fulfil all the fields marked with an asterisk (obligatory fields), to confirm acceptance of the Terms and Conditions, to write a content of a message and to click the „Send” button.
  3. After fulfilling all the requirements referred to in the paragraph 2 above, at the moment of clicking the „Send” button the Customer agrees to immediate start of the provision of Services via the Contact Form.
  4. ITRO shall respond to a Customer’s message within the shortest possible time.

VII. NEWSLETTER

  1. ITRO may provide Customers electronically free of charge Newsletter Service consisting of sending Customers, to the email address provided by them, email messages containing ITRO’s commercial information, i.e. information about the Products and other activities of ITRO, in particular about promotions and information about new Products.
  2. In order to use the Newsletter Service, the Customer shall agree to receive it upon placing the Order or in any other dedicated form provided on the Website.
  3. Subscribing to the Newsletter shall be tantamount to expressing consent to ITRO sending commercial information to the Customer at the e-mail address provided by them pursuant to the Act on the provision of electronic services, as well as to expressing consent to the use of telecommunications terminal equipment and automatic calling systems for direct marketing purposes pursuant to Art. 172 § 1 of the Telecommunications Law.
  4. The Customer shall immediately receive by email information about signing up for the Newsletter, together with a link to confirm subscription for the Newsletter. The moment the Newsletter subscription Service is confirmed an agreement on Newsletter Service provision shall be entered into electronically.
  5. Each Newsletter shall include in particular: information about the sender, filled in “subject” field, defining the content of the message and information on the possibility and manner of resignation from the Newsletter Service free of charge.
  6. The Newsletter Service shall be provided for an indefinite period of time. The Customer may at any time resign from receiving the Newsletter by unsubscribing, in particular via a link in each email sent under the Newsletter Service or by contacting ITRO directly by email or post.

VIII. RIGHTS OF THE CONSUMER-PROFESSIONAL IN CASE OF NON-CONFORMITY OF THE PRODUCT WITH THE SALES AGREEMENT

  1. The rights in the event of non-conformity of the Product with the Sales Agreement, described in this paragraph, shall apply only to the Buyer who is a Consumer-Professional.
  2. ITRO shall be liable for non-compliance of the Product with the Sales Agreement:
  3. existing at the time of delivery of the Product and disclosed within 2 (two) years from that time – in case the Product is delivered in one time or in parts;
  4. disclosed during the period of delivery of the Product – in case the Product is delivered continuously.
  5. If the Product does not comply with the Sales Agreement, the Buyer may demand that the Product be brought into compliance with this Sales Agreement.
  6. The Buyer shall be obligated to cooperate with ITRO, to a reasonable extent and with the least burdensome technical means, to determine whether the Product’s failure to conform to the Sales Agreement in a timely manner is due to the characteristics of the Buyer’s Digital Environment.
  7. ITRO may refuse to bring the supplied Product into conformity with the contract if bringing it into conformity with the contract is impossible or would require excessive costs for ITRO.
  8. ITRO shall bring the Product into conformity with the Sales Agreement within a reasonable time from the moment it is informed by the Buyer of the non-conformity with the contract, and without undue inconvenience to the Buyer, taking into account its nature and the purpose for which it is used. The costs of bringing the Product into conformity with the contract shall be borne by ITRO.
  9. If the Product is not in conformity with the contract, the Buyer may submit a statement of price reduction or withdrawal from the Sales Agreement when:
  10. bringing the Product into conformity with the contract is impossible or requires excessive costs pursuant to paragraph 5 above;
  11. ITRO has failed to bring the Product into conformity with the contract in accordance with paragraph 6 above;
  12. the non-conformity of the Product with the contract continues even though ITRO has attempted to bring it into conformity with the contract;
  13. the lack of conformity of the Product with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first availing itself of the remedy set forth in paragraph 3 above;
  14. it is clear from ITRO’s statement or circumstances that it will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience to the Buyer.
  15. When submitting the statement of withdrawal, the Buyer may use the form of withdrawal from the agreement, which constitutes Attachment No. 1 to these Terms and Conditions; moreover, the model form constitutes Attachment No. 2 of the Law on Consumer Rights; the use of the form is not obligatory
  16. The Buyer may not withdraw from the contract if the Product is provided in exchange for payment of a price and the non-conformity with the contract is immaterial.
  17. If the Buyer withdraws from the Sales Agreement, ITRO shall stop providing the Product immediately upon receipt of the withdrawal statement.
  18. In the event of withdrawal from the Sales Agreement, the Buyer shall be obliged to stop using the Product and making it available to third parties.
  19. ITRO shall not be entitled to claim payment for the time during which the Product was not in compliance with the Sales Agreement, even if the Buyer actually used it before withdrawing from the Sales Agreement.
  20. ITRO shall be obliged to refund the price only for the part corresponding to the Product that is not in conformity with the contract and the Product whose obligation to provide it has fallen due to withdrawal from the contract.
  21. In the case of non-conformity of the Product with the Sales Agreement and the Buyer’s desire to exercise the rights indicated above, the Buyer may send a complaint to ITRO by e-mail or in writing, and the complaint should include:
  22. name of the Consumer – Professional, address, postal code,
  23. name of the purchased Product,
  24. description of the complaint,
  25. the date on which the Product defect became apparent,
  26. confirmation of the purchase from ITRO (depending on the circumstances, the Consumer – Professional may present one of the following: proof of purchase, order number, confirmation of payment, e-mail with confirmation of receipt of the order by ITRO, etc.).
  27. ITRO shall promptly, but no later than within 14 days, consider the complaint and provide the Buyer with a response, unless a shorter period for responding to the complaint is required by mandatory provisions of law.
  28. If ITRO does not recognize the Buyer’s complaint, and the Buyer does not agree with such decision, the Buyer has the option of using out-of-court means of processing complaints and claims.
  29. Detailed information on the Buyer’s ability to use out-of-court means of complaint processing and claim investigation and the rules of access to these procedures are available at the offices and on the websites of:
  30. district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
  31. Provincial Inspectorates of Commercial Inspection;
  32. Office of Competition and Consumer Protection.
  33. The Buyer may proceed to resolve the dispute online through the platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN

IX. WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER-PROFESSIONAL

  1. The right to withdraw from the Sales Agreements and Service Agreements concluded at a distance, without giving reasons and without incurring costs, as referred to in the Law on Consumer Rights, is vested exclusively in the Customer who is a Consumer-Professional.
  2. The right of withdrawal referred to in paragraph 1 is granted within 14 days calculated:
  3. in the case of a Sales Agreement – from the date of receipt by ITRO of payment from the Buyer,
  4. in the case of Services Agreements – from the date of conclusion of these contracts.
  5. After the expiration of the time limits referred to in paragraph 2, the right to withdraw without giving any reason expires.
  6. In order to exercise the right of withdrawal, the Customer shall submit a statement to ITRO to this effect in writing to the address: Gen. W. Andersa 5/204, 15-124 Białystok, Poland or by email to: info@itro.in      .
  7. When submitting the statement, the Customer may use the form of withdrawal from the agreement, which constitutes Attachment No. 1 to these Terms and Conditions; moreover, the model form constitutes Attachment No. 2 of the Law on Consumer Rights; the use of the form is not obligatory.
  8. To meet the deadline indicated in paragraph 2, it is sufficient to send the statement of withdrawal from the agreement before its expiration. If the statement of withdrawal is submitted electronically, the Customer will receive an immediate confirmation of receipt of the statement of withdrawal.
  9. In the event of withdrawal from the agreement, the agreement is considered not concluded.
  10. ITRO will refund to the Customer all payments made by the Customer, using the same method of payment used by the Customer, immediately, but no later than 14 days from the date of receipt of the withdrawal statement. The Customer will not incur any fees in connection with the return of payments.
  11. Withdrawal from the Sales Agreement may apply to the entire Order or only to some of the ordered Products.
  12. If the Buyer submits a statement of withdrawal from the Sales Agreement before the Order Confirmation is sent to the Buyer, the purchase offer shall cease to be binding.

X. EXCEPTIONS TO WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER-PROFESSIONAL

  1. In the case of an order for a Product, a Consumer-Professional who agrees to have the Product delivered to him/her before the expiration of the 14-day period entitling him/her to withdraw from the Sales Agreement shall lose his/her rights to withdraw from the Sales Agreement in accordance with Article 38(13) of the Law on Consumer Rights.
  2. In accordance with Article 38 of the Law on Consumer Rights, the Consumer-Professional is not entitled to withdraw from the contract for the delivery of the products, which are not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer-Professional before the expiration of the deadline for withdrawal and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.

XI. ITRO’S LIABILITY

  1. ITRO shall not be liable to any third parties for any losses incurred by such third parties as a result of using the Product constituting the subject of the Sales Agreement and purchased by such third parties from the Buyer, and the Buyer hereby releases ITRO from such liability.
  2. The ITRO’s liability to the Buyer on account of non-performance or improper performance of the Sales Agreement, as well as defects in the Products, shall include only the losses incurred in connection therewith by the Buyer and shall be limited to the amount of the sales price paid by the Buyer. ITRO shall be liable in full if the damage is caused by him intentionally.
  3. ITRO shall not be liable – also under warranty, if the Products were not used in accordance with specifications and their technical standards, according to the ITRO’s information provided in the Terms and Conditions.
  4. The provisions of paragraphs 1 – 3 do not apply to Buyers who are Consumer – Professional.

XII. COPYRIGHTS

Pictures and content available on the Website are protected as works within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (Polish Journal of Laws 1994 No. 24 item 83 as amended). 

XIII. PERSONAL DATA

Principles of personal data processing by ITRO are regulated in the Privacy Policy.

XIV. FINAL PROVISIONS

  1. The Terms and Conditions are made available on the Website in a manner that allows it to be displayed, downloaded, recorded and printed.
  2. The law applicable to the Sales Agreement and the Services Agreement shall be Polish law, with the provision that the choice of Polish law shall operate without prejudice to the protection afforded to consumers by mandatory laws of the country of their habitual residence.
  3. ITRO is entitled to amend these Terms and Conditions for important reasons, in particular, such as:
  4. change in the state of the law requiring amendments to the Terms and Conditions,
  5. changes in the functioning of the Website,
  6. correction of errors and mistakes in the Terms and Conditions.
  7. ITRO will notify the change of the Terms and Conditions by publishing the new version of the Terms and Conditions on the Website, unless otherwise required by the provisions of applicable law or a decision of an authority or court.
  8. The Customer may cancel the use of the Services at any time if he/she does not accept the content of the new version of the Terms and Conditions.
  9. The change of the Terms and Conditions does not apply to Sales Agreements in which Orders were placed before the change of the Terms and Conditions became effective.
  10. To Services Agreements concluded after the date indicated as the effective date of a given version of the Terms and Conditions, the Terms and Conditions in the amended version shall apply.
  11. To Sales Agreements in which Orders were placed after the date indicated as the effective date of a given version of the Terms and Conditions, the Terms and Conditions in the amended version shall apply.

Attachment No. 1

XV. Model withdrawal form

(this form should be filled in and returned only if you wish to withdraw from the contract)

– Addressee [insert the trader’s name, full postal address and, where available postal address and, where available, fax number and e-mail address]

– I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following products(*) / provision of the following service(*)

– Date of the contract’s conclusion

– First and last name of Consumer – Professional

– Address of Consumer – Professional

– Signature of Consumer – Professional (only if this form is notified on paper)

– Date

(*) Delete where not applicable.

Our website uses cookies

For functional, statistical and advertising purposes.  Find out more.