Terms and Conditions

1. The entity operating the B2B platform with the OEM product catalogue, available at oem.excellentpro.app (also at excellentpro.app/oem), hereinafter referred to as the "OEM Platform" or the "Platform", 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".
2. The Seller may be contacted via:
   • email (general enquiries): kontakt@excellentpro.app
   • email (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. The Terms and Conditions set out the rights and obligations of Customers and the Seller regarding the use of the OEM Platform and the purchase of OEM Products.
4. The OEM Platform offers wholesale sales exclusively to professional entities conducting business activity. Retail sales to consumers are not carried out.
5. These Terms and Conditions apply solely to the OEM Platform. Purchases of branded products at the excellentpro.app wholesale store are governed by separate terms and conditions available at excellentpro.app/regulamin.
6. The Terms and Conditions are available in the Polish language version.
7. Customers are obliged to respect economic copyright and the rights arising from the registration of inventions, patents, trademarks, utility models and industrial designs.
8. The Seller undertakes to process the personal data of persons representing Customers securely, 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 OEM Platform conducts sales exclusively within the B2B relationship (business-to-business). Purchases are of a professional nature and are directly connected with the business activity conducted by the Customer.
2. The Customer declares that it makes purchases in direct connection with the business activity it conducts and that the purchase is of a professional nature for it.
3. Exclusion of consumer rights: Sales conducted through the OEM 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: Due to the specialist nature of the OEM Products (products intended for further placing on the market under the Customer's brand or for further packaging), purchases on the OEM Platform are always of a professional nature, which the Customer confirms when placing an order.
5. All prices presented on the OEM Platform are net prices and require the addition of VAT in accordance with the applicable regulations.
6. If suggested retail prices are presented on the Platform, they are for information purposes only and are not binding on the Customer for further resale.

1. In order to use the OEM Platform, the Customer should have:
   • a device with access to the Internet
   • a current web browser (Chrome, Firefox, Safari, Edge)
   • an active email address
   • JavaScript and cookies enabled
2. The Platform uses cookies strictly necessary for its functioning (login session, basket, remembering your choice in the banner) and - only with the User’s consent - analytics cookies. The Seller does not use marketing or profiling cookies. Details are set out in the Cookies Policy.
3. Disabling cookies may prevent the Platform from functioning properly (in particular logging in and placing orders).
4. The Platform is available under the encrypted HTTPS protocol with an enforced encrypted connection (HSTS).

1. Placing orders on the OEM Platform requires the registration of a Customer Account.
2. During the registration process, the Customer provides: the full company name (consistent with the entry in CEIDG or the KRS), the NIP number, the registered office address, contact details (email address, telephone number) and a password for the Account.
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. Activation of the Account takes place following a positive verification by the Seller. The verification takes a maximum of 3 business days.
5. Shared account: The Customer Account is shared between the OEM Platform and the excellentpro.app wholesale store operated by the Seller - the same login details work on both platforms. Access to the OEM catalogue prices may require additional activation by the Seller.
6. The Customer is obliged to provide true and current data and to update it in the event of any change.
7. The Account password is individual and confidential. The Customer may not share the password with third parties.
8. Setting up an Account is free of charge.
9. The Seller reserves the right to suspend or delete the Customer Account in the event of a breach of the Terms and Conditions, the provision of false data, unlawful actions or a lack of activity for a period longer than 24 months.

1. The OEM Platform is available 24 hours a day, 7 days a week, with the exception of maintenance periods.
2. The presentation of products on the OEM Platform does not constitute a commercial offer within the meaning of the Civil Code, but an invitation to conclude a contract.
3. The ordering process:
   1. The Customer selects the product variant (capacity and type of packaging)
   2. The Customer specifies the quantity in accordance with the minimum quantities and thresholds for the variant
   3. The Customer specifies the colour breakdown within the order item (the sum of the breakdown must correspond to the quantity ordered)
   4. The Customer verifies the contents of the basket, the quantities and the prices
   5. The Customer accepts the Terms and Conditions and the Privacy Policy
   6. The Customer confirms the order using the "Order with an obligation to pay" button
   7. The Customer receives confirmation of the order at their email address
4. Feasibility verification: After an order has been placed, the Seller verifies the availability of the components (bases, packaging, colours) necessary for packaging.
5. The sales contract is concluded at the moment the Seller confirms acceptance of the order for fulfilment.
6. A Pro-Forma invoice is issued for the order, covering the full value of the order together with the delivery costs.
7. Packaging begins once full payment for the order has been credited. The lead time referred to in § X runs from the date the payment is credited.
8. Cancellation by the Customer: The Customer may cancel the order up until the start of packaging. Once packaging has begun, cancellation is not possible - the product is prepared individually for the Customer's order.
9. Cancellation by the Seller: The Seller reserves the right to cancel an order in the event of a lack of availability of components, an obvious error in the price, the impossibility of carrying out the delivery, a lack of payment within the deadline specified in § IX or a suspicion of abuse. The Customer is informed of the cancellation and any funds paid are refunded.
10. Individual prices: The Seller may apply individual price lists for particular Customers.

1. Prepayment: Orders on the OEM Platform are fulfilled solely on the basis of 100% prepayment by bank transfer against a Pro-Forma invoice. Due to the individual, made-to-order nature of the packaging, the OEM Platform does not offer cash on delivery payment.
2. Deferred payment terms are possible only for regular Customers on the basis of individual arrangements with the Seller.
3. The payment deadline for the Pro-Forma invoice is 7 days from its issue. Once this deadline has passed without effect, the order may be cancelled.
4. The Customer is obliged to provide true and complete data for the VAT invoice.
5. The VAT invoice is issued in electronic form and sent to the Customer's email address.

1. The order lead time comprises the packaging time and the delivery time. The packaging time depends on the volume and scope of the order and is indicated when acceptance of the order for fulfilment is confirmed. The period begins to run from the date full payment is credited.
2. Deliveries are carried out via courier companies within Poland and other countries.
3. Deliveries are carried out on business days, from Monday to Friday.
4. For orders of a non-standard volume (in particular BULK KG in larger quantities), the delivery costs and method may be agreed individually.
5. Risk: The Seller is responsible for the risk of accidental loss of or damage to the goods until they are handed over to the carrier.
6. Verification of the shipment: The Customer is obliged to check the condition of the shipment upon 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 or agreed individually in accordance with paragraph 4.

1. Exclusion of the statutory warranty for defects: In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for physical and legal defects of the item sold in relations with Customers who are entrepreneurs is excluded, subject to situations in which the defect has been deceitfully concealed.
2. No returns of packaged products: OEM Products packaged individually to the Customer's order are not subject to return or exchange, except in cases of an accepted complaint as referred to in paragraph 3.
3. Quality complaints: If manufacturing defects, a discrepancy in quantity or assortment against the confirmed order (including the colour breakdown) or transport damage are identified, the Customer may submit a complaint by contacting the Seller at reklamacje@excellentpro.app.
4. The following do not constitute a product defect:
   • differences in shade between production batches within the limits of technological tolerances
   • discrepancies against the illustrative photographs and visualisations referred to in § IV(3)
   • product features consistent with the individual arrangements made with the Customer
5. Notification deadline: Complaints regarding visible defects and quantity discrepancies must be reported no later than 7 days after receipt of the shipment. Complaints regarding hidden defects - immediately after they are discovered.
6. A complaint should contain: the Customer's details and the order number, a description of the defect, photographic documentation and the Customer's demand.
7. Time for consideration: The Seller considers complaints within 14 days of receiving a complete submission.

1. The controller of the personal data of persons representing Customers is Gurgul Investment sp. z o.o.
2. Detailed information on the processing of personal data is set out in the Privacy Policy, which forms an integral part of these Terms and Conditions.
3. Legal bases for processing data:
   • Article 6(1)(b) of the GDPR - performance of the sales contract
   • Article 6(1)(c) of the GDPR - fulfilment of legal obligations
   • Article 6(1)(f) of the GDPR - the legitimate interests of the Controller
4. Rights of individuals: 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 use 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 activities: The Customer undertakes not to engage in unlawful activities, in particular: not to provide false data, not to give third parties access to the Account, not to attempt to break in, not to post illegal content and not to use the Platform contrary to its intended purpose.
2. DSA contact point: info@excellentpro.app. Reports are considered within 14 days.
3. Content moderation: In its current form, the Platform does not allow content to be published by Customers.
4. Seller's liability: The Seller makes every effort to ensure that the Platform functions properly. It shall not be liable for interruptions caused by force majeure, hacking attacks or failures of external infrastructure, nor for damage resulting from the 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. The limitation does not apply to liability that cannot be excluded under mandatory provisions of law.

1. All content published on the OEM Platform, including product descriptions, photographs, visualisations, 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 content from the Platform for commercial purposes without the prior written consent of the Seller. This applies in particular to the use of photographs and visualisations from the Platform for the sale of products placed on the market by the Customer under its own brand - the Customer prepares its own marketing materials.
3. The "Excellent PRO" and "SG Nails" brands are registered trademarks belonging to the Seller. The purchase of OEM Products does not entitle the Customer to use the Seller's trademarks.
4. The Customer's responsibility for its own labelling and brand is set out in § V(5).

1. The Seller reserves the right to amend the Terms and Conditions for important reasons, in particular: changes in the law, changes to the offer, the introduction of new functionalities or security considerations.
2. The Seller informs Customers of any changes at least 14 days in advance by publishing the new version on the Platform and sending information to the email address of Customers holding an active Account.
3. Amendments to the Terms and Conditions do not affect the acquired rights of Customers - the Terms and Conditions in their previous wording apply to orders placed before the changes come into force.
4. The Terms and Conditions are available at oem.excellentpro.app/en/oem/terms in a form that allows them to be downloaded, saved and printed. The Seller archives previous versions of the Terms and Conditions and makes them available on request.
5. In matters not regulated by these Terms and Conditions, the provisions of Polish law apply, in particular: the Civil Code, the Act on the Provision of Electronic Services, Regulation (EC) No 1223/2009, the GDPR, the DSA, the AI Act and the Act on Value Added Tax.
6. Jurisdiction: Disputes are resolved by the common court having local jurisdiction over the Seller's registered office.
7. Governing law: Contracts concluded on the OEM Platform are governed by Polish law.
8. Severability clause: If any provision of the Terms and Conditions proves to be invalid, the remaining provisions remain in force.
9. The Terms and Conditions are drawn up in the Polish language. In the event of translation into other languages, the Polish version remains binding.