stellartreestand.com Terms of Use

The Website is intended exclusively for businesses (B2B relationships). The Website does not conduct consumer sales.

§ 1. General provisions

These terms of use (hereinafter: the “Terms of Use”) set out the rules for using the website available at stellartreestand.com, together with its language versions and subpages (hereinafter: the “Website”), and the rules for providing services by electronic means via the Website.
The owner and operator of the Website and the service provider within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną) is:
- KAMAI.PL Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Wola Batorska,
- registered office address: Wola Batorska 461, 32-007 Zabierzów Bocheński (województwo małopolskie), Poland,
- entered in the register of entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XII Commercial Division of the National Court Register, under KRS number 0000361320,
- NIP (tax identification number): 6832056712, REGON (statistical identification number): 121297532,
- share capital: 5 000,00 zł,
- email: biuro@kamai.pl, telephone: +48 12 307 28 21 (hereinafter: the “Service Provider” or “KAMAI”).
These Terms of Use constitute the terms and conditions referred to in Article 8 of the Act on Providing Services by Electronic Means. The Terms of Use are made available free of charge on the Website in a manner that allows them to be obtained, reproduced and recorded (in particular saved or printed).
Using the Website constitutes acceptance of the Terms of Use. A person who does not accept the Terms of Use should stop using the Website.
The rules for processing personal data and for the use of cookies and similar technologies are set out in the Privacy Policy available on the Website, which forms an integral part of the Terms of Use to the extent that it concerns the services provided on the Website.

§ 2. Definitions

The terms used in the Terms of Use have the following meanings:

Website – the stellartreestand.com website together with its language versions and subpages.
Service Provider, KAMAI – the entity specified in § 1(2).
User – an entrepreneur within the meaning of Article 43¹ of the Civil Code (Kodeks cywilny) (a natural person conducting business activity, a legal person or an organisational unit without legal personality to which the law grants legal capacity), acting through an authorised person, who uses the Website in connection with its business or professional activity.
Person Acting on Behalf of the User – a natural person (e.g. an owner, management board member, employee, associate, buyer or sales representative) who uses the Website in the name of or on behalf of the User.
Partner – a User who has established or intends to establish trade cooperation with the Service Provider, in particular a shop, garden centre, DIY store, retail chain, wholesaler, distributor, importer or online shop.
Products – products offered by the Service Provider, in particular STELLAR-brand stands for real Christmas trees.
Form – the quote request form or contact form made available on the Website, including the short form and the form handled by the AI Assistant.
Offer Mailing List – a service consisting of sending the User commercial information and offers of the Service Provider on the terms set out in § 7.
AI Assistant – a computer program made available on the Website that uses an artificial intelligence system, conducts a text conversation with the User, provides general information about the Products and collects data for a quote request.
Services – services provided by electronic means by the Service Provider on the Website, described in § 4.
Content – all elements of the Website, including texts, photographs, graphics, animations, videos, 3D models, graphic layout, designations, logos, source code and databases.
Commercial Information – information within the meaning of the legislation on providing services by electronic means, intended to promote, directly or indirectly, the goods, services or image of the Service Provider, including a commercial offer, price list, catalogue, invitation to cooperate or information about new products.
Event Log – a technical record, kept by the Service Provider, of actions performed by the User on the Website, described in § 6(6).
Sole Trader with Consumer Rights – a natural person conducting business activity to whom, pursuant to Article 385⁵ of the Civil Code and other legislation, selected consumer protection provisions apply where the contract being concluded is not of a professional nature for that person.

§ 3. Nature of the Website (B2B)

The Website is an information website of a professional (B2B) nature. It is intended exclusively for entrepreneurs interested in the wholesale purchase of Products for resale or for use in their business activity, in particular shops, garden centres, retail chains, wholesalers, distributors and importers.
The purpose of the Website is to present the Products and to establish and develop trade cooperation between the Service Provider and Partners. The Service Provider supplies the Products through wholesale trade.
The Website is not intended for consumers within the meaning of Article 22¹ of the Civil Code. By using the Form, the Offer Mailing List or the AI Assistant, the User declares that it is acting as an entrepreneur in connection with its business or professional activity, and that the person acting on its behalf is authorised to do so.
The Service Provider does not sell Products, accept orders or accept payments on the Website. Information on retail sales to consumers may be made available on other websites, which have separate terms and conditions.
The Content of the Website, including descriptions, parameters, photographs, visualisations, animations, and information on availability, variants, colours, materials and lead times, is for information purposes only. It does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to enter into negotiations within the meaning of Article 71 of the Civil Code.
Contracts for the supply of Products are concluded outside the Website, exclusively on the basis of individual offers provided by the Service Provider in written or documentary form, separate contracts, order confirmations or the Service Provider’s general terms and conditions of sale. In the event of a conflict between the Content of the Website and such documents, those documents prevail.
Prices, discounts, minimum order quantities, delivery dates and terms, payment terms, sales support and marketing materials for Partners are agreed individually. The Website does not contain retail or wholesale prices.
Photographs, animations and visualisations may differ from the Products in details (e.g. colour shade, finish, proportions), in particular due to screen settings, lighting conditions or graphic simplifications. The Service Provider reserves the right to make design, material and visual changes to the Products that do not impair their essential characteristics.
The presentation of variants or designs of Products on the Website does not constitute an obligation of the Service Provider to supply them within a specific time or in a specific quantity.
The Service Provider does not offer trial sets or trade samples, unless it decides otherwise in an individual offer.
The Service Provider has the right, at its sole discretion and without giving reasons, to refuse to establish cooperation, present an offer or respond to an enquiry, including where the enquiry does not come from an entrepreneur, is incomplete or unreliable, or concerns a market or sales channel that the Service Provider does not serve.

§ 4. Types and scope of Services

Via the Website, the Service Provider provides the following Services free of charge:
1. making the Content of the Website available for browsing;
2. Form – receiving a quote request or contact enquiry and forwarding it to the Service Provider;
3. Offer Mailing List – sending commercial information and offers on the terms set out in § 7;
4. AI Assistant – conducting a text conversation on the terms set out in § 8;
5. searching for points of sale or locations on a map, where this function is available;
6. playing videos embedded from external services.
The Service Provider may at any time change the scope and functions of the Services, introduce new Services and temporarily or permanently disable individual functions, including the AI Assistant, without any obligation to give prior notice and without liability towards the User.
The contract for the provision of the Service of browsing Content is concluded when the Website is opened and terminates when the Website is left. The contract for the provision of the other Services is concluded when the Form is submitted, a subscription to the Offer Mailing List is made or a conversation with the AI Assistant is started.

§ 5. Technical requirements

To use the Website, the following are necessary: a device with internet access, an up-to-date version of a web browser supporting HTML5, CSS3 and JavaScript (e.g. Chrome, Firefox, Safari, Edge) and, to use the Form and the Offer Mailing List, an active email address.
Some functions of the Website (animations, map, videos, AI Assistant) require JavaScript to be enabled. Without it, the Website may work only to a limited extent.
The Service Provider does not guarantee that the Website will work correctly on all devices, in every software configuration and with every internet connection.
Using the internet involves typical risks, in particular malware, phishing and interception of transmissions. The User should use up-to-date antivirus software and device security. The Service Provider uses an encrypted connection (HTTPS).

§ 6. Quote Request Form

The Form is used to send the Service Provider an enquiry about a wholesale offer or about establishing cooperation, in particular for the purpose of preparing an offer for the 2026/2027 season or subsequent seasons.
By submitting the Form, the User declares that:
1. it is an entrepreneur and is acting in connection with its business or professional activity;
2. the person completing the Form is authorised to act on behalf of the User;
3. the data provided is true, up to date and complete, and providing it does not infringe the rights of third parties;
4. if it provides personal data of other persons (e.g. associates), it has a legal basis for transferring it and has informed those persons of the transfer of their data to the Service Provider and of the content of the Privacy Policy.
Fields marked as mandatory are necessary to consider the enquiry. The Service Provider may contact the User regarding the enquiry by electronic means or by telephone, using the details provided in the Form.
Submitting the Form does not constitute placing an order or concluding a contract of sale and does not oblige either party to conclude a contract. The Service Provider’s response constitutes an offer only if it is expressly designated as an offer.
The Service Provider makes efforts to respond to enquiries promptly, but does not guarantee a response time or that a response will be given.
Event Log. In order to demonstrate who provided data, made declarations or gave consents, when and to what extent, and to ensure the security of the Website and prevent abuse, when the Form is submitted, a subscription to the Offer Mailing List is made or a conversation with the AI Assistant takes place, the Service Provider automatically records:
1. the date and time (timestamp, with time zone),
2. the IP address of the device,
3. browser and device data (user agent),
4. the subpage address and language version of the Website from which the data was sent,
5. the content of the ticked consents and declarations as worded when displayed, and the version of the Terms of Use and of the Privacy Policy in force at that time,
6. the content of the data submitted. The Event Log constitutes evidence in the event of a dispute, inspection or proceedings before an authority, including before the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych). The rules for processing this data are set out in the Privacy Policy.
The Service Provider has the right to delete enquiries that are incomplete, contain unlawful content, are sent automatically (spam, bots) or infringe the Terms of Use. The Service Provider may use anti-spam mechanisms.

§ 7. Offer Mailing List and Commercial Information

The Offer Mailing List is used exclusively to send the User Commercial Information. By subscribing to the Offer Mailing List, the User acknowledges and accepts that the purpose of the subscription is to receive commercial offers and other Commercial Information from the Service Provider.
Subscription to the Offer Mailing List takes place by providing an email address (and, where applicable, other data specified in the subscription form) and ticking a separate checkbox containing consent to receive Commercial Information. This checkbox is not ticked by default. Acceptance of the Terms of Use does not amount to giving this consent.
By giving consent, the User agrees to:
1. receive Commercial Information from KAMAI.PL Sp. z o.o. by means of electronic communication, in particular email, at the email address provided;
2. if it has provided a telephone number and indicated this in the content of the consent – the use by the Service Provider of telecommunications terminal equipment (telephone, SMS, instant messaging) for direct marketing purposes, in accordance with Article 398 of the Act of 12 July 2024 – Electronic Communications Law (ustawa – Prawo komunikacji elektronicznej).
Commercial Information may concern in particular: wholesale offers and price lists, terms of cooperation for subsequent seasons, new products, variants and designs of Products, availability and delivery dates, marketing materials and sales support for Partners, events, trade fairs and presentations, surveys on Partners’ needs, and other products in the Service Provider’s range.
The frequency of messages depends on the season and the Service Provider’s needs. The Service Provider may send a message confirming the subscription (double opt-in) – in that case the subscription becomes effective after the confirmation link is clicked.
Consent is voluntary. The User may withdraw it at any time, without giving reasons and free of charge (apart from the cost of data transmission), by clicking the unsubscribe link in a message or by sending a message to biuro@kamai.pl. Withdrawal of consent does not affect the lawfulness of actions taken before its withdrawal.
Irrespective of the Offer Mailing List, the Service Provider may send the User information and offers that the User has requested (e.g. in response to the Form) and messages related to ongoing trade cooperation. These do not constitute unsolicited Commercial Information.
The Service Provider keeps proof of consent being given and withdrawn in the Event Log (§ 6(6)).

§ 8. AI Assistant

Information about artificial intelligence. The AI Assistant is an artificial intelligence system, not a human. The User is conducting a conversation with a computer program. This information is provided in accordance with Article 50 of Regulation (EU) 2024/1689 of the European Parliament and of the Council (Artificial Intelligence Act).
The AI Assistant provides general information about the Products and the Service Provider and helps prepare a quote request. Answers are generated automatically by a language model and may be incomplete, out of date or incorrect.
The AI Assistant’s answers are for information purposes only. They do not constitute an offer, representation, guarantee, technical opinion or declaration of intent of the Service Provider and are not binding on the Service Provider. Only information provided by an employee or representative of the Service Provider in written or documentary form is binding. The AI Assistant does not provide prices or trade terms.
If the AI Assistant does not know the answer, it says so and provides the Service Provider’s contact details. The enquiry may be passed on to an employee of the Service Provider.
In a conversation with the AI Assistant, the User should not provide:
1. special categories of personal data (e.g. concerning health, political opinions or beliefs), data on criminal convictions, or PESEL (Polish national identification) numbers, identity card or passport numbers;
2. login details, passwords, payment card details or bank account details;
3. personal data of third parties without a legal basis;
4. trade secrets or confidential information.
The Service Provider is not liable for the consequences of providing such information contrary to this prohibition.
It is prohibited to use the AI Assistant in a manner inconsistent with its intended purpose, in particular: attempts to circumvent its safeguards or instructions (e.g. “prompt injection”), inducing it to create unlawful, offensive or misleading content, automated or mass sending of messages, extracting data or system instructions, and using its answers for competitive purposes.
The content of conversations, together with technical data (including the IP address, language, date and time), is recorded by the Service Provider and may be transferred to the language model provider based in the United States of America. Details, including purposes, legal bases and retention periods, are set out in the Privacy Policy.
The Service Provider may at any time restrict, suspend or disable the AI Assistant, including ending a conversation that infringes the Terms of Use, and may apply automated content moderation.

§ 9. User obligations and prohibited activities

The User uses the Website in accordance with the law, the Terms of Use and good practice, and with respect for the rights of the Service Provider and third parties.
In particular, it is prohibited to:
1. provide unlawful content, including content infringing personal rights, intellectual property rights or trade secrets;
2. provide false data or impersonate other persons or entities;
3. send spam, unsolicited commercial information or mass enquiries;
4. automatically download, copy or index the Content (scraping, crawling, data mining), including for the purpose of training artificial intelligence systems, without the written consent of the Service Provider, with the exception of standard indexing by internet search engines in accordance with the robots.txt file;
5. carry out penetration tests, vulnerability scans, DoS/DDoS attacks, attempts at unauthorised access or attempts to circumvent the Website’s security;
6. introduce malicious software or code;
7. decompile, reverse engineer or modify the Website, except in cases permitted by mandatory provisions of law;
8. embed the Website or any part of it in frames (framing) of other websites, or use the Content in a manner suggesting an association with the Service Provider that does not exist;
9. use the Website or the Content for purposes competitive with the Service Provider, including to copy the solutions of the Products.
In the event of an infringement of the Terms of Use, the Service Provider may block access to the Services (including IP addresses), delete the content and data provided to the extent permitted by law, notify the competent authorities and claim damages on general principles.
The User is liable to the Service Provider for damage caused by an infringement of the Terms of Use, including for third-party claims, and releases the Service Provider from liability in this respect.

§ 10. Intellectual property

The Website and all Content are subject to the rights of the Service Provider or of entities that have granted it a licence, and are protected in particular under the Act on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych), the Industrial Property Law (ustawa – Prawo własności przemysłowej), the Act on the Protection of Databases (ustawa o ochronie baz danych) and the Act on Combating Unfair Competition (ustawa o zwalczaniu nieuczciwej konkurencji).
The STELLAR designation is an EU-registered trademark (EUIPO, No. 019344714). The technical solutions of the STELLAR Product are the subject of a patent application filed with the Patent Office of the Republic of Poland (P.452159) and of an international patent application under the PCT procedure.
Using the Website does not constitute the grant of any licence to the User or the transfer of any rights. The User may browse the Content solely for its own use, for the purpose of assessing the possibility of cooperation with the Service Provider.
Copying, reproducing, modifying, distributing, making publicly available or otherwise using the Content, in whole or in part, requires the prior consent of the Service Provider in written or documentary form, unless the law provides otherwise.
Marketing materials provided to Partners (e.g. photographs, banners, social media graphics, print materials) are made available on the basis of separate arrangements. Unless those arrangements provide otherwise, the Partner receives a non-exclusive, non-transferable, revocable and royalty-free licence to use them solely for the purpose of promoting and selling Products purchased from the Service Provider, in unaltered form, for the duration of the cooperation. The licence expires upon termination of the cooperation or upon its revocation.
Information about infringements of the Service Provider’s intellectual property rights, including counterfeits of the Products, may be sent to biuro@kamai.pl.

§ 11. Liability

The Service Provider exercises due diligence to ensure that the Website operates correctly and that the Content is reliable and up to date. The Services are provided free of charge and on an “as is” basis.
To the fullest extent permitted by law, the Service Provider is not liable for:
1. interruptions in the operation of the Website, including those resulting from technical work, failures, actions of hosting, telecommunications or cloud service providers, attacks or force majeure;
2. business decisions made on the basis of the Content or the AI Assistant’s answers;
3. errors, inaccuracies or outdatedness of the Content and the AI Assistant’s answers;
4. the consequences of the User providing false or incomplete data;
5. the content and operation of external websites to which links lead or from which embedded materials originate (e.g. videos, maps);
6. damage caused by the unavailability of the Website or its incompatibility with the User’s device or software;
7. lost profits and indirect and consequential damage, including loss of data, profit, customers or reputation.
The Service Provider’s total liability towards the User in respect of the Services provided on the Website is limited to actual loss and to the amount of 500 zł.
The limitations and exclusions of liability do not apply to damage caused to the User intentionally (Article 473 § 2 of the Civil Code) or to other cases in which the exclusion or limitation of liability is not permitted under mandatory provisions of law.
The Service Provider’s liability in connection with the Products, including under the guarantee and the statutory warranty for defects (rękojmia), is governed by the contracts with Partners, the general terms and conditions of sale and the guarantee documents, and not by the Terms of Use.

§ 12. Complaints about the Services

Complaints about the operation of the Website and the Services may be submitted:
1. electronically to: biuro@kamai.pl,
2. in writing to the address of the Service Provider’s registered office.
A complaint should contain: the User’s name, contact details, a description of the problem, the date on which it occurred and the expected manner of resolution.
The Service Provider considers a complaint within 14 days of its receipt and sends a reply to the email address or correspondence address given in the complaint. If the complaint does not contain the data necessary to consider it, the Service Provider may request that it be supplemented; the time limit then runs from the date on which it is supplemented.

§ 13. Termination of the use of the Services

The User may stop using the Services at any time, in particular by leaving the Website, ending a conversation with the AI Assistant or unsubscribing from the Offer Mailing List.
The Service Provider may terminate the contract for the provision of Services with 7 days’ notice sent to the User’s email address, and with immediate effect in the event of an infringement of the Terms of Use or the law, or where the provision of the Service concerned on the Website is discontinued.
Termination of the contract for the provision of Services does not affect trade contracts concluded between the Service Provider and a Partner.

§ 14. Personal data

The controller of personal data processed in connection with the use of the Website is the Service Provider.
Detailed information on the processing of personal data, including transfers of data to third countries (in particular to the United States of America), the Event Log, cookies and the rights of data subjects, is contained in the Privacy Policy.

§ 15. Sole traders with consumer rights

If provisions protecting sole traders with consumer rights apply to a User who is a natural person conducting business activity, the provisions of the Terms of Use apply to the extent that they are not contrary to those provisions.
In particular, provisions of the Terms of Use that would constitute unfair contract terms (niedozwolone postanowienia umowne) within the meaning of Article 385¹ of the Civil Code do not apply to such a User, and the provisions of § 11(3) and § 16(3) apply to the extent permitted by law.
Given the nature of the Website (B2B), the Service Provider may ask the User to confirm its business details (e.g. NIP) before establishing cooperation.

§ 16. Governing law, language and disputes

The Terms of Use and contracts for the provision of Services are governed by Polish law, excluding its conflict-of-laws rules.
The Terms of Use have been drawn up in Polish. Versions of the Terms of Use in other languages are for reference only. In the event of any discrepancy, the Polish version prevails.
Disputes arising from the use of the Website will be resolved by the common court having territorial jurisdiction over the Service Provider’s registered office.
Trade contracts concluded outside the Website are governed by the provisions of those contracts; unless otherwise agreed, the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention, CISG) is excluded.

§ 17. Changes to the Terms of Use

The Service Provider may amend the Terms of Use for important reasons, in particular: changes in the law, court rulings or decisions of authorities, changes in the scope or manner of providing the Services, the introduction of new functions, technological changes, changes of service providers or security considerations.
The amended Terms of Use are published on the Website together with their effective date, which is no earlier than 7 days after publication, unless the change results from the law or a decision of an authority or concerns only Services provided on a one-off basis. Users subscribed to the Offer Mailing List may be informed of the change by email.
Services commenced before the change are governed by the Terms of Use as worded at the time they commenced, unless the User accepts the new wording.

§ 18. Final provisions

If any provision of the Terms of Use proves to be invalid or ineffective, the remaining provisions remain in force, and the invalid provision is replaced by the relevant provision of law or by the provision closest to the economic purpose of the invalid provision.
Failure by the Service Provider to exercise a right under the Terms of Use does not constitute a waiver of that right.
Matters not regulated in the Terms of Use are governed by Polish law, in particular the Civil Code, the Act on Providing Services by Electronic Means, the Electronic Communications Law and Regulation (EU) 2016/679 (GDPR).
The Terms of Use enter into force on the date of their publication on the Website.