GENERAL TERMS AND CONDITIONS PAKERY.PL Łukasz Jóźwiak ( PAKERY.PL | INPACKERS.COM )
Art. 1 GENERAL PROVISIONS
1. These General Terms and Conditions (GTC) were established on the basis of art. 384 and then the Civil Code and they define the principles of concluding and implementing agreements on the sales of goods concluded by Łukasz Jan Jóźwiak conducting the business activity under the PAKERY.PL Łukasz Jóźwiak company, address: 02-690 Warszawa, ul. Bokserska 47, NIP: 774-276-56-70 and REGON: 147318930, owner: PAKERY.PL | INPACKERS.COM (The Seller) with contractors (The Buyer) concluding these agreements solely for the purpose directly linked to their commercial activities.
2. The sale of goods does not take place for individuals – consumers within the meaning of the Civil Code, therefore, GTC do not apply to Consumers.
4. Placing an order by the Buyer means the adoption and acceptance of these General Terms and Conditions without reservations.
Art. 2. CONCLUDING THE AGREEMENT
1. All commercial information of the advertising and marketing nature whatever their form, including price lists, does not constitute an offer within the meaning of the Civil Code.
2. The agreement is concluded by submitting and accepting the offer (including its eventual arrangements).
3. Conclusion of the agreement requires that the Buyer places an order by the phone, fax, in the written form of electronically, to the Seller, specifying the price, type and quantity of the goods ordered, as well as the details (name and surname, position) of the person placing an order on behalf of the Buyer and the Buyer himself (including NIP). If the right of the Buyer’s representative does not result from the data available in the National Court Register or the Central Registration and Information on Economic Activity, the copy of the document authorising the person to be the Buyer’s representative must be attached to the order.
4. Conclusion of the agreement takes placed upon confirmation of the order by the Seller. The order is treated as an offer, and its confirmation as the acceptance of the offer.
5. In the case referred to in art. 6 § 3 the conclusion of the agreement takes place upon the Buyers confirmation of the order after receiving the Seller’s information about accepting the order, containing the current price of the goods ordered.
6. The Seller does not perform distribution involving direct or indirect agents.
7. The VAT invoice is the confirmation of the agreement, placing an offer the Buyer agrees to receive the VAT invoices electronically.
ART. 3. TERMS OF THE ORDER IMPLEMENTATION
1. The delivery time is given for orientation purposes and does not create liabilities to the Seller, unless the Parties agree otherwise during negotiations.
2. The term of the order implementation begins from the date indicated in the order confirmation.
3. The terms of delivery and/or order implementation and other sales conditions are subject to change, also after the Buyer places the order of goods, in particular due to force majeure and other circumstances beyond the control of the Seller, and due to changes in the market situation and current trade conditions related to, among others, the relations of the Seller with the entities cooperating in the Seller’s performance of agreements. The Buyer will be immediately informed about the change in the terms of delivery and/or implementation of the order and other sales conditions.
ART. 4. DELIVERY, RECEIPT OF GOODS
1. The Buyer determines the way of releasing the goods in the order.
2. Releasing the goods may take place either at the Seller’s registered office or another location indicated by him, or the courier delivery is possible.
3. The delivery cost is covered by the Buyer.
4. It is assumed that the delivery of goods takes place upon their transfer to the Buyer or a courier company.
5. The Buyer is obliged to pick up the ordered goods. Failure to collect the goods does not release the Buyer from the obligation to pay the full price. After the deadline for the receipt of the goods, the Seller has the right to charge the Buyer a fee for its storage in the amount of 1/24 of the price for each full month of storage. If the cost of storage reaches the amount of the goods’ price, the Seller is entitled to sell the product again (exercising this power releases the Buyer from the obligation to pay for storage, but not does release him from the obligation to pay the sales price).
6. Upon receipt of the consignment, the Buyer is obliged to accurately check the condition of the outer packaging in the courier’s presence. In the event that the Buyer states external damage to the shipment, the Buyer shall draw up a damage protocol in the courier’s presence including the description and photos of the consignment. Out of two identical copies signed by the courier, one should be sent to the Seller, and the second one stays with the Buyer. In this case, the product is returned to the Seller in order to commence the complaint procedure with the courier company.
ART. 5. TAKING OVER THE RISK AND RESERVATION OF OWNERSHIP
1. The risk of loss or damage to the goods passes to the Buyer at the moment of its transfer to the Buyer or the courier company.
2. The goods remain the Sellers property until the full payment of the price resulting from the sales invoice issued by the Seller for this goods (art. 589 CC). The Seller is entitled to count all payments of the Buyer against the side debts (including the receivables from the storage of gods) in the first place, prior to including them in the sales price.
3. The Buyer is obliged to proper handling of goods, and he cannot impose any rights of third parties on the goods, in particular, he cannot pawn it, not transfer it to third parties (both for free and for a fee), without the Seller’s consent.
ART. 6 PRICE AND TERMS OF PAYMENT
1. The sale of goods takes place according to thee prices prevailing on the date of confirmation of the order covered by the price list of the Seller.
2. The prices subject to the offer and its acceptance are valid only for the performance of the given order, unless the parties agree otherwise in writing. The implementation of a single order based on specific prices does not oblige the Seller to maintain these prices for the next order.
3. The Seller reserves the right to change the prices specified in the price list and is not responsible for the lack of prior notification to the Buyer of the change. In this case, the Buyer will be informed about the acceptance of the order and the current price of the goods ordered (the so-called counter-offer requiring the acceptance by the Buyer). In this case, the agreement will be concluded in the manner indicated in art. 2 § 5 GTC.
4. The form of payment is the bank transfer to the Seller’s account before the release of the goods from the warehouse (prepayment). The costs of bank trading are solely incurred by the Buyer.
5. Other terms and conditions of payment must be agreed by the parties and indicated in the VAT invoice documenting the sale of goods.
6. The date of payment is the booking of funds to the Seller’s bank account.
7. In case of delay in payment of the entire or partical price, the Seller is entitled to charge the statutory interest for the delay and can withhold the delivery of ordered goods until the settlement of the full price plus accrued statutory interest for the delay calculated for the period of delay in payment.
8. In the event of a discrepancy between the ordered and delivered goods and the content of the VAT invoice documenting the sale, the Seller will issue and deliver a correction invoice to the Buyer. If the correction invoice is to take place at the request of the Buyer, this request shall contain information about the identified discrepancies and the number of the disputed VAT invoice.
ART. 7. WARRANTY
The Seller is liable under the warranty for physical and legal defects of the product sold, but this responsibility is limited, as follows:
- A claim under the warranty may be submitted in writing, indicating the number of a VAT invoice documenting the sale of the product, within 8 days from the receipt of the goods by the Buyer.
- The Seller, within 14 days of receipt of the correct complaint request, will notify the Buyer about the way of solving the claim.
- The Buyer may require either the replacement of the goods with the one free of defects or the removal of the defect.
- The Seller may refuse to redress the Buyer’s request, if it is impossible to bring the defective product into conformity with the agreement in the way selected by the Buyer, or compared to another method of bringing it into conformity with the agreement would require excessive costs from the Seller.
- The Seller may refuse to replace the goods with the ones free of defects or the removal of the defect also when the costs of compensation of this obligation outweigh the price of the goods sold. In this case, the Buyer may submit a statement to reduce the price or withdraw from the agreement.
- Return of goods is only possible with the Seller’s consent. The costs of returning the goods are borne by the Seller, provided that the return will be made through an entity and in the manner provided by the Seller.
- If the Seller so decides, instead of returning the goods, the Buyer is obliged to its destruction or disposal as waste at the expense of the Seller, under the conditions described below. The condition of incurring the costs by the Seller is the prior determination of the entity performing the disposal or collecting products as waste and the costs of such services. The Seller bears the above costs only within the limits of the approved amount.
ART. 8. LIMITATION OF LIABILITY
1. The Seller is not responsible for typographical errors in trade materials, in particular brochures, catalogues and leaflets.
2 Illustrations and photographs included in the trade materials are only used for the general illustration of the goods and do not guarantee the receipt of the identical product.
3 The Seller is not responsible for the existence of copyright, patents or registered industrial designs related to the Seller’s offer in the locations of product resale.
4. The Seller is not responsible for the damage caused by inappropriate or unprofessional operation of the products, as well as their improper installation by the Buyer or third parties, normal wear and tear, improper or negligent handling.
5. The Seller is not responsible for the functional deficiencies of the goods, resulting from the poor product selection by the Buyer, who should carefully read and verify whether the functionalities offered by the Seller’s product meet his needs before he purchased them.
ART. 9. FORCE MAJEURE
The Seller is not responsible for the failure or improper performance of obligations under the agreement of the sale of goods, unless the non-performance or improper performance of the obligations is due to circumstances, which were beyond the control of the Seller, despite due diligence (force majeure).
ART. 10. FINAL PROVISIONS
1. If any provision of the General Terms and Conditions is considered invalid, illegal or becomes unenforceable for any reason, the remaining provisions will be fully binding an effective in such a way, as if the General Terms and Conditions apply without such invalid, illegal or unenforceable provision.
2. Changes to the General Terms and Conditions made by the Seller will evoke legal consequences in relation to agreements concluded from the moment of publishing the changes on the website www.pakery.pl, www.inpackers.com . Such changes are applicable to agreements concluded on the basis of offers submitted from the date of publication of new General Terms and Conditions.
3. In cases not covered, the provisions of the Polish law shall apply, the Civil Code in particular. The Polish law is used for any disputes between the parties.
4. In the event of a dispute between the parties, the Buyer an the Seller agree to seek an amicable solution. In case of disagreement, all disputes will be resolved by the Polish court, competent for the registered office of the Seller.
5. The Parties undertake to notify each other about any changes of address. In the absence of notification about the change of address, the correspondence delivered to the address indicated in the order shall be deemed as delivered and causing all legal consequences therein.
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