These General Terms and Conditions of Sale (hereinafter referred to as GTS) define the rules for entering into contracts of sale of goods and services, the seller of which is FRAME PACK Kamil Szalast, Remigiusz Paprocki S.K.A. located in: Księdza Józefa Bielaka 12, 66-460 Witnica – hereinafter referred to as FRAME PACK. The GTCS is an integral part of all sales contracts concluded by FRAME PACK, including contracts concluded in the form of a written order, offered to the purchasing entity. GTCS are available to the Buyer prior to the conclusion of the contract in writing at the registered office of FRAME PACK or on the website www.framepack.pl These GTCS are a contractual regulation binding the parties to the sale of goods. The parties exclude the use of other contractual templates (general terms and conditions, terms and conditions of sale, model contracts, regulations, etc.) used or established by the Buyer. The provisions contained in these GTS may be amended only in writing under pain of invalidity. Conclusion of a separate sales contract excludes the application of these GTS only to the extent regulated otherwise herein. Different arrangements between the parties agreed and confirmed in writing shall take precedence over the provisions of the GTS. Form of sale:
- Direct sales take place at the company’s headquarters: Księdza Józefa Bielaka 12, 66-460 Witnica
- Sale of goods with delivery by shipping companies.
The terms used in these General Terms of Sale shall mean: Seller – FRAME PACK Kamil Szalast, Remigiusz Paprocki S.K.A., Księdza Józefa Bielaka 12, 66-460 Witnica, NIP: 599 31 588 19, REGON: 080915071. Buyer – a legal person, an organizational unit without legal personality and a natural person conducting business. Payment date – the date on which the amount due for goods or services becomes due. Goods – movables, services, goods to be sold under a contract of sale, between the Seller and the Buyer. Order – an offer to purchase products made by the Buyer in writing, delivered in person, by letter, courier or e-mail, including at least: the name of the ordered product, quantity, Buyer’s data necessary for issuing a VAT invoice and data about the company, contact details, method, date and place of collection of the ordered products. Confirmation – the Seller’s written statement of acceptance of the order, submitted to the buyer upon receipt of the order, along with the determination of, at least, the price of the goods, the total value of the ordered goods, the date of execution, the place and terms of delivery/collection and the terms of payment.
Information posted on the Seller’s website, catalogs, brochures, flyers, advertisements and other publications – do not constitute an offer within the meaning of the Civil Code, even if accompanied by a price. Publications on the products offered by the Seller are for informational purposes only, while samples and specimens displayed by the Seller are for reference and exhibition purposes. The technical details provided in the publications are subject to change at any time, including due to continuous changes in the technical industry. The buyer’s order should contain the following data:
- The name of the buyer – along with an indication of the exact address,
- tax ID number,
- indication of bid number, if applicable,
- specifying the indicated goods by trade name or alphanumeric symbol from the offer,
- quantity of goods ordered,
- The date, place and conditions of delivery/collection of goods.
The condition for the effective conclusion of a contract of sale is the placement of an order by the Buyer and written confirmation of the order by the Seller ( in the form of e-mail, by letter to the address of the company’s registered office, by means of electronic mail). Written confirmation of the order means that the Seller has received the order and accepted it for processing. Placing an order by the buyer does not bind the seller, and the absence of a response from the seller does not imply tacit acceptance of the order. If the order is for a previously presented offer, it is necessary to include the number of this offer on the order. If the quotation number is not referenced, the Seller is not responsible for any price discrepancies on the VAT invoice, non-availability of the goods, as well as discrepancies in the specific parameters of the goods specified in the original order. Cancellation of an order by the Buyer is allowed only in exceptional situations after prior written agreement on the terms of cancellation with the Seller. The seller reserves the right to charge the buyer with the actual costs that have arisen up to the moment of cancellation – not more than the value of the order. Any technical advice from the supplier is for informational purposes only and does not give rise to any liability on the part of the Seller on this account. If the Seller’s inability to perform occurred as a result of force majeure, the Buyer shall not be entitled to any claim for compensation for damages resulting from non-performance or untimely performance of the contract.
The seller is obliged to deliver the goods meeting the conditions specified in the order confirmation, , i.e. date and place of delivery, quantity, type of goods, price. If the “prepayment” form of payment is established in the terms of payment, the delivery date may be extended by the period of delay in payment. The day of payment shall be considered the day of crediting the Supplier’s bank account. Seller shall not be liable for any loss, damage or costs (direct or indirect) resulting from Buyer’s claims for delivery errors or delays caused by the shipping company. All benefits and burdens associated with the goods, as well as the danger of accidental loss or damage to the goods, are transferred to the Buyer upon release of the goods from the warehouse. If the delay in receipt of the goods exceeds 2 weeks or if the Buyer refuses to accept the goods, the rules set forth in §3.5 shall apply. The buyer is obliged to check the conformity of the delivered goods with the order immediately upon receipt. He is obliged to check in particular: the condition of the shipment, and the quality, quantity and assortment of the delivered goods, and immediately (i.e. within 5 working days at the latest) report to the carrier and the Seller reservations in this regard by drawing up a protocol of discrepancies. The seller reserves the right to inspect the reported damage at the place of delivery. The Seller reserves the right of ownership of the sold goods, which has the effect that the Seller is the owner of the goods until full payment of the amount due for the goods received and other amounts due under the contract of sale regardless of the place of storage or installation in other objects. As soon as bankruptcy or composition proceedings are initiated against the Buyer, he is obliged to mark the goods in such a way as to indicate the existence of a reservation of ownership in favor of the Seller. In the event of seizure of goods owned by the Seller in the course of enforcement proceedings directed to the Buyer’s property, the Buyer shall immediately inform the Seller of this fact and cooperate in the implementation of his rights against the seizing entity within all available means. The Buyer, at the request of the Seller, shall immediately provide all information about where the goods subject to retention of title are stored.
The date and form of payment are agreed individually for each Buyer. If the parties agree otherwise, the price of the goods shall be the price resulting from the order confirmation. The buyer is obliged to pay the amount due for the sale of goods by the date indicated in the invoice. The date of payment shall be the date on which the payment is credited to the Vendor’s bank account as stated on the invoice, or the date of payment in cash. In the event of non-payment by the Buyer within the prescribed period, the Seller shall be entitled to charge statutory interest for each day of delay, as well as to demand prepayment for goods from subsequent orders already accepted for execution. Failure to pay the amount due within the period specified on the invoice will entitle the Seller to discontinue the delivery of goods and stop the execution of orders already accepted. The Seller may condition the execution of a new order placed by a Buyer who is in arrears or pays invoices in arrears on the advance payment of the Buyer’s new order. Unless otherwise agreed by the parties, payment for the ordered goods shall be made without set-off or offset of counterclaims. Filing a complaint does not relieve the buyer from the obligation to make payment for the goods within the agreed period.
The seller guarantees its products. The warranty period is 12 months from the date of sale, provided that the goods are used and stored properly and in a manner consistent with their intended use and technical characteristics. Forfeiture of warranty and warranty claims for defects is caused by the following actions: inadequate installation, inadequate operation, exceeding the technical parameters specified in the relevant data sheets or bids. The seller is not responsible for the natural wear and tear of the goods, resulting from their proper use.
If circumstances are beyond the control of the Seller and the Buyer, in particular, such as disruptions in production or transportation of goods caused by strikes, factory and equipment failures, accidents, local or national emergency, trade disputes, floods, fires, earthquakes, etc., delivery may be delayed or stopped, as appropriate, upon written notice, until normal conditions are restored.
By accepting these GTS, the Buyer agrees to the processing of his personal data by the Seller and entities acting on his behalf in the country and abroad, in connection with the implementation of contracts for the sale of goods offered by the Seller. The Buyer may not, without the consent of the Seller, transfer knowledge and information obtained as a result of business contacts with the Seller to third parties on matters covered by trade secrets. The law applicable to the GTS is Polish law. In matters not regulated in these GTS, the provisions of the Civil Code shall apply. The invalidity of individual provisions does not affect the validity of the remaining provisions of the GTS. The parties will seek to amicably resolve any disputes arising in connection with the performance of the contracts covered by these terms and conditions. If it is not possible to settle the matter amicably, the competent court to resolve the dispute will be the court with jurisdiction over the Seller’s place of business. RODO information clause on the processing of personal data.
