GTCS / Data protection
§1 GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale (hereinafter referred to as the GTCS) define the rules for concluding contracts for the sale of goods and services, the seller of which is FRAME PACK SZALAST KAMIL, PAPROCKI REMIGIUSZ S.C. . with headquarters in Kaleńsko 1, 74-406 Namyślin.
The GTCS is an integral part of all sales contracts concluded by FRAME PACK SZALAST KAMIL, PAPROCKI REMIGIUSZ S.C. , including contracts concluded in the form of a written order, offered to the entity that makes the purchase.
The GTCS are available to the Buyer before concluding the contract in writing at the premises of FRAME PACK SZALAST KAMIL, PAPROCKI REMIGIUSZ S.C. or on the website www.framepack.pl
These GTS are contractual regulations binding the parties in the sale of goods. The parties exclude the use of other contract templates (general terms of the contract, terms of sale, contract templates, regulations, etc.) used or agreed by the Buyer.
The provisions of these GTS may only be changed in writing under pain of nullity. The conclusion of a separate sales contract excludes the application of these GTS only to the extent regulated in it differently.
Different arrangements between the parties, agreed and confirmed in writing, take precedence over the provisions of the GTCS.
Form of sale:
Direct sales take place at the company’s headquarters:
Kaleńsko 27, 74-406 Namyślin
Sale of goods with delivery by shipping companies.
§2 DEFINITIONS
The use of the terms in these General Conditions of Sale means:
Seller – FRAME PACK SZALAST KAMIL, PAPROCKI REMIGIUSZ S.C. . Kaleńsko 1, 74-406 Namyślin, NIP: 599 31 588 19, REGON: 080915071.
Buyer – a legal person, an organizational unit without legal personality and a natural person running a business.
Payment date – the day on which the payment for goods or services becomes due.
Goods – movables, services, goods that are to be sold under a sales contract between the Seller and the Buyer.
Order – an offer to purchase products submitted by the Buyer in writing, delivered in person, by letter, courier or e-mail, containing at least: the name of the ordered product, quantity, Buyer’s data necessary to issue a VAT invoice and company details, contact details, method, date and place of receipt of the ordered products.
Confirmation – a written statement of the Seller on the acceptance of the order, submitted to the buyer after its receipt, specifying at least the price of the goods, the total value of the ordered goods, the date of completion, place and terms of delivery / collection and payment terms.
§3 OFFERS AND ORDERS
Information posted on the Seller’s website, catalogs, brochures, leaflets, advertisements and other publications – do not constitute an offer within the meaning of the provisions of the Civil Code, even if they include a price. Publications regarding the products offered by the Seller are for informational purposes only, while the patterns and samples issued by the Seller are for demonstration and exhibition purposes only. Detailed technical data provided in the publications may be changed at any time, including due to the constant changes taking place in the technical industry.
The Buyer’s order should contain the following data:
Buyer’s name – along with an indication of the exact address,
Number nip,
Indication of the offer number, if applicable,
Identification of the indicated goods with the trade name or alphanumeric symbol from the offer,
Quantity of ordered goods,
Date, place and terms of delivery / receipt of goods.
The condition for the effective conclusion of the sales contract is the submission of the order by the Buyer and written confirmation of the order by the Seller (in the form of e-mail, by letter to the company’s registered office address, via e-mail). Written order confirmation means that the Seller has received the order and accepted it for execution. Placing an order by the Buyer does not bind the Seller, and the lack of his response does not mean that the order has been tacitly accepted.
If the order concerns a previously presented offer, it is necessary to include the number of this offer in the order. If the number of the offer is not quoted, the Seller shall not be liable for any price inconsistencies on the VAT invoice, non-availability of the goods, as well as non-compliance with the specific parameters of the goods specified in the original order.
Cancellation of the order by the Buyer is allowed only in exceptional situations, after prior written agreement of the terms of cancellation of the order with the Seller. The Seller reserves the right to charge the Buyer with the actual costs that arose up to the time of cancellation – not greater than the value of the order.
Any technical advice on the part of the supplier is for information purposes only and does not result in the Seller’s liability in this respect.
If the Seller’s inability to perform the service was due to force majeure, the Buyer shall not be entitled to any claim for compensation for the damage resulting from non-performance or untimely performance of the contract.
§4 DELIVERY TERMS AND CONDITIONS
The seller is obliged to deliver the goods meeting the conditions specified in the order confirmation, i.e. the date and place of delivery, quantity, type of goods, price.
If the “prepayment” form is agreed in the payment terms, the delivery date may be extended by the period of delay in making the payment. The date of payment shall be the date of crediting the Supplier’s bank account.
The Seller is not liable for any losses, damages or costs (direct or indirect) resulting from the Buyer’s claims due to delivery errors or delays caused by the actions of the shipping company.
All benefits and burdens related to the goods and the risk of their accidental loss or damage shall be transferred to the Buyer upon release of the goods from the warehouse.
If the delay in collecting the goods exceeds 2 weeks or if the Buyer refuses to accept the goods, the rules set out in §3 section 5 shall apply.
The buyer is obliged to check the compliance of the delivered goods with the order immediately after receiving the goods. He is obliged to check in particular: the condition of the shipment, as well as the quality, quantity and range of the delivered goods, and immediately (i.e. no later than 5 business days) to report any reservations to the carrier and the Seller in this regard by drawing up a non-compliance protocol. The Seller reserves the right to inspect the reported damage at the place of delivery.
The Seller reserves the right of ownership of the goods sold, 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 items.
Upon the initiation of bankruptcy or composition proceedings in relation to the Buyer, he is obliged to mark the goods in a manner indicating the existence of the reservation of the ownership right for the benefit of the Seller. In the event of seizure of goods owned by the Seller in the course of enforcement proceedings against the property of the Buyer, he is obliged to immediately inform the Seller about this fact and cooperate in the implementation of his rights towards the entity making the seizure of the goods within all available means. At the request of the Seller, the Buyer shall promptly provide all information as to where the goods subject to retention of title are stored.
§5 PAYMENTS AND PRICES
The date and form of payment are agreed for each Buyer individually.
In the event of different arrangements between the parties, the price of the goods is the price resulting from the order confirmation.
The buyer is obliged to pay the amounts due for the sale of the goods within the period specified in the invoice.
The date of payment shall be the date on which the payment is credited to the Seller’s bank account specified in the invoice, or the date of payment in cash.
If the Buyer fails to make the payment within the prescribed period, the Seller is entitled to charge statutory interest for each day of delay, as well as demand prepayment for goods from subsequent orders already accepted for execution.
Failure to pay the amounts due within the time limit specified in the invoice shall authorize the Seller to stop deliveries of goods and suspend the execution of already accepted orders. The Seller may make the performance of a new order placed by a Buyer who is in arrears with payments or pays invoices untimely on the advance payment for the Buyer’s new order.
Unless the parties agree otherwise, the payment for the ordered goods is made without any deductions or compensation of mutual claims.
Filing a complaint does not release the Buyer from the obligation to pay for the goods within the agreed period.
§6 WARRANTY
The seller gives a guarantee for its products. The warranty period is 12 months from the date of sale, provided that the product is used and stored properly and in a manner consistent with its intended use and technical properties.
Loss of warranty claims and warranty claims for defects is caused by the following actions: improper installation, improper operation, exceeding the technical parameters given in the relevant catalog cards or in offers.
The seller is not responsible for the natural wear and tear of the goods as a result of its proper use.
§7 FORCE MAJEURE
If the circumstances are beyond the control of the Seller and the Buyer, in particular, such as disruptions in the production or transport of goods caused by strikes, factory and equipment failures, accidents, local or national hazards, trade disputes, floods, fires, earthquakes, etc., the delivery may be delayed or detained as appropriate, upon written notice, until normal conditions are re-established.
§8 FINAL PROVISIONS
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 the knowledge and information obtained as a result of business contacts with the Seller to third parties in matters covered by trade secrets.
The law applicable to the GCS is Polish law.
In matters not covered by these GTS, the provisions of the Civil Code shall apply.
The declaration of invalidity of individual provisions does not affect the validity of the remaining provisions of the GCS.
The parties will strive for amicable settlement of any disputes arising in connection with the performance of contracts covered by these terms and conditions. If it is impossible to settle the matter amicably, the competent court to settle the dispute will be the court competent for the seat of the Seller.