TERMS AND CONDITIONS OF THE ONLINE STORE
photonroof.eu
§ 1
GENERAL PROVISIONS
1. The online store available at photonroof.eu is operated by PHOTONROOF PSA, based at Zaczernie 190G, 36-062 Zaczernie, registered in the National Court Register under the number KRS: 0001070029, NIP: 5170441473, REGON: 526979867.
2. These Terms and Conditions define:
2.1. the rules for using the online store,
2.2. the terms of concluding and terminating Sales Contracts,
2.3. the complaint procedure,
2.4. types and scope of services provided electronically,
2.5. the terms of concluding and terminating agreements for the provision of electronic services.
3. Any User, upon taking actions aimed at using the Electronic Services of the Store, is obliged to comply with the provisions of these Terms and Conditions.
4. Contact with the Seller is possible:
4.1. via email: info@photonroof.eu
4.2. in writing to the address of the company's registered office: Zaczernie 190G, 36-062 Zaczernie
5. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular:
5.1. The Act on the Provision of Electronic Services of July 18, 2002,
5.2. The Consumer Rights Act of May 30, 2014,
5.3. The Act on Out-of-Court Settlement of Consumer Disputes of September 23, 2016,
5.4. The Civil Code of April 23, 1964.
§ 2
DEFINITIONS INCLUDED IN THE TERMS AND CONDITIONS
1. Contact Form – a form available on the website photonroof.eu enabling the sending of messages to the Service Provider.
2. Registration Form – a form available on the website photonroof.eu enabling the creation of an Account.
3. Order Form – a form available on the website photonroof.eu enabling the placing of an Order.
4. Client – a User who intends to conclude or has concluded a Sales Contract with the Seller.
5. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity on their own behalf.
6. Consumer – a natural person who undertakes a legal action with an entrepreneur not directly related to their business or professional activity.
7. Account – a collection of resources in the Service Provider's IT system, identified by an individual name (login) and password, where the User's data, including information on placed Orders, are stored.
8. Product – a movable item or service available in the Store, which is the subject of the Sales Contract between the Client and the Seller.
9. Terms and Conditions – these terms and conditions of the Store.
10. Store – the Seller's online store operating at photonroof.eu.
11. Seller, Service Provider – PHOTONROOF PSA, Zaczernie 190G, 36-062 Zaczernie, REGON: 526979867, NIP: 5170441473, KRS: 0001070029.
12. Sales Contract – a Product Sales Contract concluded between the Client and the Seller via the Store.
13. Electronic Service – a service provided electronically by the Service Provider to the User via the Store.
14. User – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, using the Electronic Service.
15. Order – a declaration of intent by the Client constituting an offer to conclude a Product Sales Contract with the Seller.
16. Price – the value expressed in monetary units that the Client is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ON PRODUCTS AND ORDERING THEM
1. The photonroof.eu Store sells Products both in retail and wholesale via the Internet.
2. The Products offered in the Store are new, in conformity with the contract, and have been legally introduced to the European Union market.
3. The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specific Product under the conditions specified in its description.
4. The Product Price displayed on the Store's website is in euros (EUR) and is a net price, to which VAT must be added at the applicable rate. The Price does not include delivery costs.
5. The Product Price displayed on the Store's website is binding at the time the Client places an Order. This Price will not change regardless of any subsequent changes in the Store's prices, which may occur concerning individual Products after the Order is placed by the Client.
6. The Seller clearly informs Clients about unit Prices, promotions, and Product Price reductions. Next to the information about a Product reduction, the Seller displays the lowest Price of that Product that applied within 30 days before the reduction was introduced, and if the Product has been offered for sale for less than 30 days – the Seller displays the lowest Price of the Product that applied from the date the Product was first offered for sale until the date of the reduction.
7. Orders can be placed:
7.1. through the website using the Order Form (Store photonroof.eu) – 24 hours a day throughout the year,
8. To place an Order, the Client must register an Account in the Store.
9. The condition for placing an Order in the Store by the Client is to read the Terms and Conditions and accept their provisions when placing the Order.
10. The Store fulfills Orders placed from Monday to Friday during Store's working hours, i.e., from 8 to 15 on working days in Polish time. Orders placed on working days after 12 pm, on Saturdays, Sundays, and holidays, will be processed on the next working day.
11. Promotional (sale) Products have a limited quantity, and Orders for them will be processed in the order they are received until stocks of that Product are exhausted.
12. The costs of remote communication with the Seller (telephone calls, sending emails) are borne by the Client in accordance with the tariff of their telecommunications or Internet service provider. The Seller does not charge any additional fees for remote communication.
§ 4
CONCLUSION OF THE SALES CONTRACT
1. To conclude a Sales Contract, it is necessary for the Client to place an Order through the Order Form available in the Store.
2. The process of concluding a Sales Contract includes the following stages:
2.1. The Seller promptly sends the Client an automatic confirmation of receipt of the Order containing:
a) a summary of the Order's components,
b) information about the right to withdraw from the contract,
c) a link to the Store's Terms and Conditions.
2.2. Within 3 business days of receiving the Order, the Seller, after verifying the feasibility of fulfilling it, sends the Client:
a) confirmation of acceptance of the Order for processing, containing the delivery time,
b) delivery costs,
c) the total value of the Order.
2.3. Upon confirmation by the Client of acceptance of the terms specified in point 2.2, a Sales Contract is concluded, creating an obligation for the Seller to sell the Products covered by the Order and an obligation for the Client to make payment.
3. After concluding the Sales Contract, the Seller issues a Pro-Forma invoice, the payment of which is a condition for starting the processing of the Order.
4. The Seller reserves the right to refuse to fulfill the Order in the event of:
4.1. a lack of technical or production capability to fulfill it,
4.2. unavailability of the Product, informing the Client no later than within 3 business days of receiving the Order.
5. The fulfillment of the Sales Contract begins upon the recording of payment in accordance with the Pro-Forma invoice on the Seller's account.
6. The execution of the Sales Contract is confirmed by issuing a VAT invoice, which is attached to the Product or sent electronically to the Client's email address.
§ 5
PAYMENT METHODS
1. The Seller provides the following payment methods:
1.1. payment by traditional bank transfer to the Seller's bank account,
2. Payment should be made to the bank account indicated on the Pro-Forma invoice. In the transfer title, the phrase "Order no. ..." should be included along with the correct order number to which the payment relates.
3. The Client is required to make the payment for the Sales Contract within the term specified on the Pro-Forma invoice.
4. The fulfillment of the Sales Contract, including the delivery of the Product, occurs after the full payment has been recorded on the Seller's account.
§ 6
PRODUCT DELIVERY COST, TIME, AND METHODS
1. Order processing procedure:
1.1. After placing the Order, the Seller sends an automatic confirmation of receipt to the Client,
1.2. Within 3 business days, the Seller sends the Client a confirmation of acceptance of the Order for processing, containing:
1.2.1. the Order processing time,
1.2.2. delivery costs,
1.2.3. the total value of the Order.
1.3. The Sales Contract is concluded upon the Client's confirmation of the terms specified in point 1.2 and the payment of the Pro-Forma invoice.
2. The Product delivery costs are calculated individually based on the weight and dimensions of the Order as well as the delivery location and presented to the Client in accordance with point 1.2.
3. Product delivery time:
3.1. The time for processing the Order is counted from the day of payment being recorded on the Seller's account,
3.2. The minimum time for processing the Order is 4 working weeks,
3.3. The detailed processing time is specified in the confirmation mentioned in point 1.2.
4. Products are delivered through specialized transport companies.
5. The Seller reserves the right to refuse to process the Order if it is not technically or production-wise possible, notifying the Client within the time limit specified in point 1.2.
§ 7
PRODUCT COMPLAINT
1. Complaint under warranty.
1.1. All Products offered in the Store are covered by a warranty (from the manufacturer/seller) valid in the European Union.
1.2. The warranty period varies depending on the Product and is calculated from the date of delivery of the Product to the Client.
1.3. The document entitling the holder to warranty protection is the warranty card or proof of purchase, containing information on the guarantor, detailed information on the goods covered by the warranty, details regarding the warranty period and conditions, as well as the rights of the Client under the warranty, which is included with the Product or made available on the Store's website.
1.4. The warranty does not exclude the rights of Consumers and entities referred to in § 10 of the Terms and Conditions concerning non-conformity of the Product with the Sales Contract under the Consumer Rights Act, which are granted by law.
2. Complaint due to non-conformity of the Product with the contract.
2.1. The basis and scope of the Seller's liability towards a Client who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-conformity of the Product with the contract are defined in the Consumer Rights Act of May 30, 2014.
2.2. The basis and scope of the Seller's liability towards a Client who is an Entrepreneur, as referred to in § 9, under warranty are defined in the Civil Code of April 23, 1964.
2.3. In the above notification in writing or electronically, as many details and circumstances regarding the subject of the complaint should be provided, in particular, the type and date of occurrence of the irregularity and contact details. Providing such information will significantly facilitate and expedite the handling of the complaint by the Seller.
2.4. Notification of the non-conformity of the Product with the contract and submission of an appropriate request can be made via email to:info@photonroof.eu,
2.5. In the above message, in writing or electronically, as many details and circumstances as possible regarding the subject of the complaint should be provided, in particular, the type and date of occurrence of the irregularity and contact details. Providing such information will significantly facilitate and expedite the handling of the complaint by the Seller.
2.6. To assess the irregularity and non-conformity of the Product with the contract, the Consumer or entity referred to in § 10 of the Terms and Conditions is required to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense.
2.7. The Seller shall respond to the Client's request immediately, but no later than within 14 days of receiving it.
2.8. In the case of a complaint by a Client who is a Consumer or entity referred to in § 10 of the Terms and Conditions, failure to address the complaint within 14 days of its submission is considered equivalent to its acceptance.
2.9. The Client, who is a Consumer or entity referred to in § 10, may first demand the replacement or repair of the Product by the Seller. The Client may demand a price reduction or withdraw from the contract only in the cases specified in the Consumer Rights Act of May 30, 2014 (e.g., when the lack of conformity of the goods with the contract is significant, the Seller has refused to bring the goods into conformity with the contract, or the lack of conformity still exists, despite the Seller's attempts to bring the goods into conformity with the contract).
2.10. As a result of a justified complaint from a Client who is a Consumer or entity referred to in § 10 of the Terms and Conditions, the Seller shall:
a) cover the cost of repairing or replacing the Product and resending it to the Client,
b) reduce the Product Price (the reduced Price must be in proportion to the Price of the goods that conform to the contract to those that do not) and refund the Consumer or entity referred to in § 10 the reduced Price value no later than within 14 days from receiving the declaration of Price reduction from the Consumer or entity referred to in § 10,
c) in the case of withdrawal from the contract by the Consumer or entity referred to in § 10 – the Seller shall refund the Product Price to them no later than within 14 days from the day of receiving the returned goods or proof of their dispatch. In the event of withdrawal from the contract, the Consumer or entity referred to in § 10 is obliged to return the goods to the Seller immediately at the Seller's expense.
2.11. The response to the complaint is provided on paper or another durable medium, e.g., email or SMS.
§ 8
RIGHT OF WITHDRAWAL
1. Subject to paragraph 10 of this section, a Customer who is simultaneously a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a distance contract, may withdraw from it without providing reasons, by submitting an appropriate declaration within 14 days. To comply with this deadline, it is sufficient to send the withdrawal declaration provided by the Store.
2. In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer or the entity referred to in § 10 of the Regulations is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without delay, but no later than 14 days from the day of withdrawal from the contract, unless the Seller has proposed to collect the Product themselves. Compliance with the deadline is achieved by sending the Product back before its expiry.
3. In case of withdrawal from the Sales Agreement, the Product should be returned to the following address: PHOTONROOF PSA, Zaczernie 190G, 36-062 Zaczernie.
4. The Consumer or the entity referred to in § 10 of the Regulations bears liability for the reduction in the value of the Product resulting from using it in a manner exceeding that necessary to ascertain its nature, features, and functionality, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the manner and deadline for exercising the right of withdrawal, or has not provided a withdrawal form. To determine the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 should handle and check the Products only in the same way that they could do in a stationary store.
5. Subject to paragraphs 6 and 8 of this section, the Seller shall reimburse the value of the Product along with the cost of its delivery using the same payment method as used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations has explicitly agreed to a different reimbursement method that does not incur any costs for them. Subject to paragraph 7 of this section, the reimbursement shall take place without delay and no later than 14 days from the moment the Seller receives the withdrawal statement.
6. If the Consumer or the entity referred to in § 10 of the Regulations has chosen a delivery method for the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse them for any additional costs they have incurred.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Regulations, the Seller may withhold the reimbursement of the payments received from the Consumer until receiving the returned item or until the Consumer or the entity referred to in § 10 provides proof of its return, depending on which event occurs earlier.
8. The Consumer or the entity referred to in § 10 of the Regulations withdrawing from the Sales Agreement pursuant to paragraph 1 of this section bears only the cost of returning the Product to the Seller.
9. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in § 10 of the Regulations took possession of the Product, and in the case of services from the day the contract was concluded.
9.1. for a contract under which the Seller issues the Product, being obliged to transfer ownership of it - from the day on which the Consumer or the entity referred to in § 10 of the Regulations (or a third party indicated by them, other than the carrier) took possession of the Product,
9.2. for a contract involving multiple Products delivered separately, in batches, or in parts - from the taking possession of the last Product, batch, or part,
9.3. for a contract involving the regular delivery of a Product over a specified period - from taking possession of the first of the Products,
9.4. for other contracts - from the date the contract is concluded.
10. The right to withdraw from a distance contract does not apply to the Consumer or the entity referred to in § 10 of the Regulations in the case of the Sales Agreement:
10.1 in which the subject of the service is a non-prefabricated item, produced according to the consumer’s specifications or serving to satisfy their individual needs,
10.2 in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery,
10.3 in which the subject of the service are items that, after delivery, by their nature, become inseparably connected with other items,
10.4 for the provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the Consumer's explicit and prior consent, who was informed before the start of the service that, after its performance by the entrepreneur, they would lose the right to withdraw from the contract, and they acknowledged this,
10.5 in which the subject of the service is a good that is perishable or has a short shelf life.
11. The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer in the event of failure of the other party to fulfill their obligation within the strictly defined period.
§ 9
PROVISIONS APPLICABLE TO ENTREPRENEURS (B2B)
1. This paragraph contains provisions applicable exclusively to entrepreneurs not covered by the protection resulting from the Consumer Rights Act referred to in § 10 of the Terms and Conditions.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit the payment methods available to Customers who are not Consumers, including requiring a prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer at the time the Seller hands over the Product to the carrier. In such a case, the Seller is not liable for the loss, reduction, or damage to the Product occurring from the moment of acceptance of the Product for transport until its delivery to the Customer, nor for any delay in the transport of the shipment.
5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment in the manner and time customary for such shipments. If the Customer finds that during transport there has been a reduction or damage to the Product, they are obliged to take all necessary actions to determine the carrier's liability.
6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a statement of termination to the Service Recipient who is not a Consumer.
§ 10
PROVISIONS REGARDING ENTREPRENEURS WITH CONSUMER RIGHTS
1. An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is entitled to the protection provided by the Consumer Rights Act, provided that the contract concluded with the Seller is directly related to their business activity, but the content of the contract indicates that it is not of a professional nature for them, particularly arising from the subject of the business activity they conduct.
2. An individual conducting business activity as described in point 1 of this paragraph is covered by the protection only within the scope of:
2.1. unlawful contract provisions — so-called abusive clauses,
2.2. liability for non-compliance of the Product with the contract,
2.3. the right to withdraw from a distance contract,
2.4. rules regarding contracts for the supply of digital content or digital services.
3. An entrepreneur, as mentioned in point 1 of this paragraph, loses consumer protection rights if the Sales Agreement concluded with the Seller has a professional character, which is verified based on the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, particularly based on the codes of the Polish Classification of Activities indicated therein.
4. Entrepreneurs as mentioned in point 1 of this paragraph are not covered by the institutional protection provided to Consumers by district consumer ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services via the Store, such as:
1.1. entering into Product Sales Agreements,
1.2. maintaining an Account in the Store,
1.3. sending messages via the Contact Form.
2. The provision of Electronic Services to Service Recipients in the Store is conducted under the terms and conditions specified in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Store's website. These contents constitute an integral part of the Store and the materials presented therein.
§ 12
CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR ELECTRONIC SERVICES
1. The provision of Electronic Services specified in § 11 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The duration for which the agreement is concluded:
2.1. the agreement for the provision of the Electronic Service allowing the placement of an Order in the Store is concluded for a definite period and terminates when the Order is placed or ceases to be placed by the Service Recipient.
2.2. the agreement for the provision of the Electronic Service involving maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded upon submission of the completed Registration Form by the Service Recipient.
2.3. the agreement for the provision of the Electronic Service allowing the sending of a message to the Service Provider via the Contact Form is concluded for a definite period and terminates upon the message being sent or ceasing to be sent by the Service Recipient.
3. Technical requirements necessary to cooperate with the IT system used by the Service Provider:
3.1. a computer (or mobile device) with Internet access,
3.2. access to email,
3.3. an internet browser,
3.4. cookies and JavaScript enabled in the internet browser.
4. The Service Recipient is obliged to use the Store in compliance with the law and good practices, respecting the personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to provide data that is true to the facts.
6. The Service Recipient is prohibited from providing unlawful content.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via email to: info@photonroof.eu.
2. The above email message should include as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and expedite the processing of the complaint by the Service Provider.
3. The Service Provider will address the complaint promptly, no later than within 14 days of submission.
4. The response of the Service Provider to the complaint will be sent to the email address of the Service Recipient provided in the complaint submission or in another manner indicated by the Service Recipient.
§ 14
TERMS OF TERMINATION OF ELECTRONIC SERVICES AGREEMENTS
1. Termination of the Electronic Service Agreement:
1.1. The agreement for the provision of the Electronic Service of a continuous and indefinite nature (Account maintenance) may be terminated.
1.2. The Service Recipient may terminate the agreement with immediate effect and without giving reasons by sending an appropriate declaration via email to: info@photonroof.eu.
1.3. The Service Provider may terminate the Electronic Service Agreement of a continuous and indefinite nature if the Service Recipient violates the Terms and Conditions, particularly if they provide unlawful content after ineffective prior demand to cease the violations with an appropriate deadline. The agreement in such a case expires after 7 days from the date of submitting the declaration of intent to terminate it (notice period).
1.4. Termination results in the cessation of the legal relationship for the future.
2. The Service Provider and the Service Recipient may terminate the Electronic Service Agreement at any time by mutual agreement of the parties.
§ 15
INTELLECTUAL PROPERTY
1. All content placed on the website at photonroof.eu is protected by copyright and (with the exception of § 15 point 3 and elements posted by Service Recipients, used under license, transfer of proprietary copyrights, or permitted use) is the property of Photonroof P.S.A., Zaczernie 190G, 36-062 Zaczernie, REGON: 526979867, NIP: 5170441473, KRS: 0001070029.
2. The Service Recipient bears full responsibility for any damage caused to the Service Provider as a result of using any content from the photonroof.eu website without the Service Provider's consent.
3. Any use of any elements comprising the content and content of the photonroof.eu website without the express written consent of the Service Provider constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.
4. All trade names, Product names, company names, and their logos used on the Store's website at photonroof.eu belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and images presented on the Store's website at photonroof.eu are used for informational purposes.
§ 16
FINAL PROVISIONS
1. Contracts concluded through the Store are concluded in accordance with Polish law.
2. In the event of any inconsistency between any part of the Terms and Conditions and applicable law, the relevant provisions of Polish law shall apply instead of the contested provision of the Terms and Conditions.
3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiations, with the intention of amicable settlement, taking into account the Act on out-of-court settlement of consumer disputes. If this is not possible or unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Judicial resolution of disputes:
4.1. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions will be submitted to the courts competent under the provisions of the Civil Procedure Code of November 17, 1964.
4.2. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, as referred to in §9 of the Terms and Conditions, will be submitted to the court competent for the Service Provider's registered office.
5. A Customer who is a Consumer also has the right to use out-of-court means of dispute resolution, in particular by submitting, after the completion of the complaint procedure, an application for mediation or an application to have the case heard by an arbitration court (the application can be downloaded from the website https://uokik.gov.pl/). A list of Permanent Consumer Arbitration Courts operating at Voivodeship Inspectorates of the Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure is free of charge.
6. The Consumer, in order to resolve a dispute amicably, may in particular submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.
The information placed on the website regarding special transaction conditions (discounts, declared delivery times) does not, in principle, constitute an offer within the meaning of Article 66 § 1 of the Civil Code but is of an advertising nature and constitutes an invitation to conclude a contract under the terms specified in these terms and conditions.