GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF GOODS

(APPLICABLE TO CONSUMERS TILL 03-08-2023)

 

I. DEFINITIONS

 

Unless otherwise stated by the Seller, terms in this document, Price Lists/Offers/Proforma invoices or similar documents used by the Seller shall have the following meaning:

The Seller - P.A.T. BUGAŁA sp.k., ul. Legionów 98, 42-200 Częstochowa, NIP: 5730207288, phone: + 48 34 368 24 46, www.e-pat.pl, pat@pat.net.pl

GTC - these General Terms and Conditions of Sale of Goods performed by the Seller.

Civil Code – the Act of 23 April 1964 (the Official Journal of laws of the Republic of Poland [Dz.U.] No. 16, item 93, as amended).

Business days - Monday to Friday excluding public holidays

Buyer - a consumer who placed an Order at the Seller’s company, which was accepted by the Seller.

Consumer - a natural person that makes purchase from the Seller, whereas such purchase is not directly related to the consumer’s business or professional activities.

Consumer Law - the Act of 30 May 2014 on Consumer Rights (the Official Journal of Laws of the Republic of Poland [Dz.U.] of 2014, item 827, as amended).

Parties – the Buyer or the Seller individually, or the Buyer and the Seller jointly.

Goods - products in the Seller’s offer

Agreement - Goods Sale Agreement in the meaning of the Civil Code, entered into by and between the Seller and the Buyer within the scope of order placed by the Buyer.

Order - statement of intent by the Buyer or a person acting for and on behalf of the Buyer, received:

- by electronic way to the addresses of sales representatives of the Seller, or to pat@pat.net.pl,

or

- by phone, where such order shall contain in particular appropriate data such as:

- name of Goods

- quantity of Goods

- place of delivery

- full particulars of the Buyer

- full name of a person acting on behalf of the Buyer

- date

and other conditions essential to the Buyer.

Each Order placed by the Buyer is considered the Buyer’s offer to the Seller in the meaning of the Civil Code.

It is assumed that the address from which the Order was sent is the e-mail address of the Buyer for the needs of official communication concerning the performance of Orders between the Parties.

Any statements of intent made through devices and communication means assigned to the Buyer or under the Buyer’s control (in particular, phone number, fax number, e-mail) shall be considered coming from the Buyer and effective to relationships between the Buyer and the Seller.

Price List/Offer/Proforma invoice - a document containing, amongst others, gross prices for Goods selected by the Seller, other possible commercial terms and conditions, drawn up by the Seller, made available to the Buyer as a printout or in electronic form or as part of the applications provided by the Seller for placing orders.

Carrier - entity or person delivering Goods ordered by the Buyer.

 

II. GENERAL PROVISIONS

 

1. These GTC shall apply to any and all legal relationships under agreements, orders, and deliveries executed between the Seller and the Buyer who is a Consumer, unless agreement or rules of individual services offered by the Seller provide for otherwise.

2. The Parties may settle their rights and obligations arising from the sale and delivery of Goods otherwise in the agreement or rules applicable to individual services offered by the Seller, whereas to any and matters not settled thereunder the provisions of these GTC shall apply.

3. Valid wording of GTC is available at the website of the Seller.

4. The Buyer is obliged to read GTC prior to placing any Order. By placing an order or making purchase from the Seller, the Buyer confirms that he/she read and accepts GTC.

5. The Seller may require a written confirmation that GTC has been read, e.g. in the form of acceptance of the Seller's Proforma invoice, where the Proforma invoice refers to GCS and indicates a place where GTC can be read.

6. The approval of GTC is the condition for the acceptance of order for its execution.

 

III. ORDERS

 

1. Information about Goods provided by the Seller, in particular descriptions of Goods and prices specified in the Price List, does not constitute an offer but it is an invitation to enter into an agreement within the meaning of Article 71 of the Civil Code.

2. The Seller undertakes to deliver Goods to the Buyer in compliance with applicable standards and regulations in force in the Republic of Poland under the terms and conditions defined in these GTS.

3. The Seller shall execute accepted Orders in compliance with GTC, unless otherwise specified in the agreement or the rules of additional services.

4. Actions aimed at entering into the agreement, and in particular the acceptance of Proforma invoice may only be performed by persons duly authorised to act on behalf of the Buyer. It is assumed that person placing the Order is a person authorised by the Buyer to perform these activities.

5. The agreement is entered into at the receipt by the Seller of the acceptance of Proforma invoice from the Buyer, on the Proforma invoice validity date and at the fulfilment of any and all conditions defined in the Proforma invoice, in particular regarding prepayments.

6. The Seller reserves the right to refuse Order execution, in particular, if the Order does not contain all relevant data, if the Buyer delays any payment to the Seller, if there is no positive verification of the Order, as specified in clause 5 above, or for other reasons specified by the Seller.

7. The Seller shall inform the Buyer by phone or e-mail about the refusal to execute the Order, irrespective of the reason for refusal.

8. In events provided for in these GTS, the Seller may withdraw from the agreement in whole or in part. Unless the wording of the Seller's statement of withdrawal from the agreement specifies otherwise, in the event the Order is executed in parts, the withdrawal has effect only in relation to the part of the Order that has not been completed, in particular, which has not been delivered to the Carrier.

9. The Seller, at his choice, sends the statement of withdrawal from the agreement by e-mail to the address specified by the Buyer in the Order, agreement or the Buyer's e-mail address available in particular on the Buyer’s website. The statement of withdrawal from the agreement shall be submitted within 30 days from the date of reasons for withdrawal.

 

IV. PRICE

 

1. The Agreement is entered into at prices specified on the Proforma invoice approved by the Buyer, or at prices specified in the sale document (in the event agreement is entered into with the Buyer).

 

V. PAYMENTS

 

1. In the event of payment in advance, the Order execution shall commence after the Buyer sends the Proforma confirmation and after the entire agreed amount is credited at the Seller's bank account. Shipment shall be made immediately after completing the Order.

2. Subject to provisions of clause 1, the Buyer shall pay the Seller price specified on the invoice to the Seller's account and within the payment date specified on the invoice. Should the Buyer fail to make the payment within due date referred to in the first sentence of this clause, the Seller may, at his option, terminate the agreement with the Buyer with an immediate effect or withdraw from the agreement under the terms and conditions defined in Paragraph III above. The Seller shall charge statutory interest for each day of delay in payment.

3. Should the invoice be issued in a currency other than Polish zloty, payment shall be made to the appropriate currency account specified by the Seller on the invoice.

4. The date of payment is considered to be the date the payment is credited to the Seller's bank account. Prices specified in the Price List are gross prices.

5. VAT invoice and correcting VAT invoice shall also be considered delivered by sending it in electronic form to the e-mail address specified by the Buyer in the Order or to the e-mail address from which the Buyer placed the Order, to which the Buyer agrees. In the event of a correcting VAT invoice in an electronic form, the Buyer is obliged to confirm its receipt by sending an electronic confirmation to the Seller's address. In the event of a correcting VAT invoice in a paper format, the Buyer shall send a certified copy to the Seller's address indicated for correspondence in these GTS.

6. The Seller is entitled to suspend the execution of Orders or delivery of Goods or may withdraw from the Agreement in whole or in part, pursuant to Paragraph III, clauses 8-9, should the Buyer delay payments to the Seller.

 

VI. DELIVERY

 

1. Goods delivery is paid additionally. In the case of low-value purchases, the Seller may also charge a fee related to Goods packaging. The criteria for logistic minimum, delivery charges and packaging fees are defined on the Seller's website or on Proforma invoice. The costs of issuing and collecting Goods under the Order placed by the Buyer shall be borne by the Buyer.

2. The Goods are delivered through the Carrier.

3. The collection organized by the Buyer shall be possible only with the Seller's consent.

4. In the event that different periods of execution are provided for Goods covered by the Order, the longest envisaged period shall apply to the entire Order, and the Seller reserves the right to deliver the Order in parts.

5. Upon release of Goods, which are the object of the Order placed by the Buyer, to the Carrier or directly to the Buyer (in the event of personal collection), benefits and burdens related to the product and risk of accidental loss or damage to the product are transferred to the Buyer.

6. The Seller shall not be held liable for damages arising from incorrect or incomplete data provided by the Buyer when placing the Order, as well as caused by incorrectly provided contact details or delivery address.

7. It is assumed that the person collecting Goods on behalf of the Buyer is a person authorised by the Buyer to collect the delivery and sign the delivery note on the Buyer’s behalf as well as to perform other related activities.

8. In the event the Buyer fails to collect Goods ordered on one occasion, should such Goods be delivered through the Carrier, or in the event of failure to collect such Goods within 7 days of receipt of notification that Goods are ready for collection at the Seller's point of collection, the Seller may, at his option, specify a different collection date for the Buyer, deliver the Order, terminate the Agreement with the Buyer with an immediate effect, or withdraw from the Agreement under the terms and conditions specified in Paragraph III above. Furthermore, the Buyer is obliged to pay costs incurred by the Seller for failure to collect Goods referred to in this clause as well as cost of Goods shipment.

 

VII. WARRANTY, DAMAGE

 

1. The selected products offered by the Seller are covered by the warranty of the manufacturer or importer. Terms and conditions of warranty are specified in a separate warranty document.

2. The Seller shall not be held liable in the event that Goods are stored, transported or used in a way that violates the conditions spevified by the manufacturer of Goods.

 

Delivery by the Seller or personal collection by the Buyer

 

3. Should the place of Goods delivery be the Seller's warehouse or should Goods be delivered by the Seller, the Buyer is obliged to check the completeness and general technical condition of Goods upon their release.

4. Should the Buyer have reservations as to the completeness of Goods or their technical condition, or as to documents related to Goods, both Parties shall prepare an appropriate complaint protocol.

5. The Buyer's signature on Goods release document or sales document without drawing up a complaint protocol shall mean that the inspection has been carried out in compliance with clause point 3 above and that Goods have been accepted without reservations.

 

Damage during transport

 

6. Should Goods be delivered by the Carrier, the Buyer is obliged to check their condition prior to confirming the receipt on the consignment note. In the event of damage or other reservations during the receipt of the Goods by the Buyer, a protocol of reservations should be drawn up in the presence of the Carrier, specifying the quantity and type of damaged or missing Goods in accordance with the procedure in force at the given Carrier.

 

Shortages in order

 

7. In the event the Buyer has reservations as to the completeness of Goods, its technical condition, or documents related to Goods, he/she shall inform the Seller at the Seller’s address in writing or electronically no later than within 7 calendar days of Goods receipt.

 

VIII. STATUTORY WARRANTY

 

1. The Seller is held liable to the Consumer for defects under the provisions of Article 556 of the Civil Code and subsq. (statutory warranty).

2. In the event physical defect is found within one year of the date of Goods delivery, it is assumed that it existed at the time the risk was transferred to the Consumer.

3. If Goods sold contains a defect, the Customer may:

a. demand Goods replacement with a defect-free ones

b. demand defect removal

or

c. make a statement about the request to reduce the price

d. make a statement of withdrawal from the agreement,

unless the Seller immediately and without undue inconvenience to the Consumer replaces defective product for a defect-free one or removes the defect. However, if the product has already been replaced or repaired by the Seller, or should the Seller fail to satisfy the obligation to replace the product for the one free from defects or fail to remedy the defect, the Seller is not entitled to replace the product or remove the defect.

4. Instead of defects removal proposed by the Seller, the Consumer may require the replacement of the product to the one free from defects, or instead of replacement, the Buyer may request defect removal, unless bringing the product to the condition that is compliant with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby in the calculation of the said costs the value of Goods free of defects, the nature and importance of defects are considered, as well as inconvenience for the Consumer.

5. The Consumer cannot withdraw from the agreement if given defect is irrelevant.

6. The Seller is obliged to replace the defective product for a defect-free one or to remove the defect in a reasonable time without excessive inconvenience for the Consumer.

7. The Seller may refuse the Consumer’s request if bringing the defective product in the condition compliant with the agreement in a manner chosen by the Buyer is impossible or would require excessive costs in comparison with other possible way of bringing the product in compliance with the agreement.

8. The Consumer who exercises rights under statutory warranty is obliged to deliver the defective product to the address for complaints at the expense of the Seller, and in the event the nature of product or the manner of the product assembly hinders delivery, the Consumer is obliged to allow the Seller access to the product in the place it is located. In the event the Seller fails to fulfil hi/hers obligation, the Consumer is entitled to return the product at the expense and risk of the Seller.

9. Cost of replacement or return is borne by the Seller, except for events specified in the Consumer Law. The Seller is obliged to accept the defective product from the Consumer in the event of replacing it to the one free of defects or in the event of withdrawal from the agreement.

10. The Seller shall respond to the request made by the Consumer concerning defect of the product within 14 days of its receipt. No response shall be considered as the acceptance of statement or request made by the Consumer.

11. The Seller is held liable under statutory warranty if the physical defect is found prior to expiry of 2 years from the date of delivery of goods to the Consumer.

12. The Consumer's claim for the removal of defects or replacement of product sold to the product free from defects expires after one year of the date of defect discovery, not earlier however than two years of product release to the Consumer.

13. The Buyer may exercise the rights under statutory warranty for physical defects regardless of the rights resulting from the warranty. Exercising rights under warranty shall not affect the Seller’s liability under statutory warranty.

14. In the event the Buyer exercises rights under warranty, the time frame for exercising rights under statutory warranty is suspended as for informing the Seller about the defect. The said time frame continues from the date the warrantor refuses to fulfil obligations arising from the warranty or from ineffective expiry of the time frame for their execution.

 

IX. RETURN OF GOODS

 

1. Pursuant to Article 27 of the Consumer Law, the Consumer is entitled to withdraw from a distance agreement or off-premises agreement for no reason and without incurring costs, except for costs specified in Article 33, Article 34(2), and Article 34 of the Consumer Law.

2. The time frame for withdrawal from a distance or off-premises agreement is 14 days of the delivery of products, whereas to meet the said time frame, it is sufficient to send a relevant statement prior the time frame expiry.

3. Statement of withdrawal from the agreement shall be sent to e-mail address of the Seller specified in these GTC.

4. Statement of withdrawal from the agreement shall be submitted by the Consumer on a form, which is attached as Annex 2 to the Consumer Law or in any other form complying with the Consumer Law.

5. The Seller shall immediately send the Consumer the confirmation of receiving the statement of withdrawal from the agreement to the e-mail address provided by the Consumer.

6. In the event of withdrawal, the agreement is considered void.

7. By withdrawing from the agreement, the Consumer is required to return the product to the Seller immediately, not later however than 14 days from the date of withdrawal from the agreement. To meet the said time frame, it is sufficient to send the product prior to the time frame expiry.

8. The Consumer shall return the products that are the object of the agreement the consumer withdraws from at his/her own expense and risk.

9. The Consumer shall be held fully liable for reducing the value of the product which is the object of the agreement if such reduction results from using the product in a way that goes beyond what is necessary to establish its nature, characteristics and functions.

10. The Seller shall immediately, however not later than within 14 days of the date of receipt of the Consumer's statement on withdrawal from the agreement, return to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. Pursuant to Article 33 of the Consumer Law, in the event the Consumer chooses a delivery method other than the cheapest offered by the Seller, then the Seller shall reimburse the Consumer only the equivalent of the cheapest shipment, and will not reimburse additional costs.

11. The Seller shall refund the payment using the same method of payment, which used the Consumer, unless the consumer has expressly agreed to another payment method. None of the methods of return results in additional costs for the Consumer.

12. The Seller may withhold the refund of the payment received from the consumer until the receipt of the item back or until the Consumer provides the evidence of sending the Goods, depending on which event occurs first.

13. Pursuant to Article 38 of the Consumer Law, the Consumer is not entitled to withdraw from the agreement whose object was:

- a non-prefabricated product, manufactured according to the consumer's specifications or which is aimed to meet the consumer’s individual needs

- product which undergoes rapid wear or which has short shelf life

- product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons should the packaging be opened after the delivery

- product which after delivery due to its nature is inseparable part with other things

 

X. INTELLECTUAL PROPERTY

 

1. The Buyer undertakes that without prior consent of the Seller, he shall not use any trademarks, commercial signs, or symbols of the Seller.

 

XI. PERSONAL DATA

 

1. Controller of Client’s Personal Data is the Seller.

2. Personal data of Customers is processed pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR).

3. Placing an inquiry at the Seller’s requires providing name, surname, and e-mail address. The said is basic personal data that the Seller must receive to respond to the inquiry. The Customer may also provide the Seller with his/her telephone number so that the Seller can contact the Customer by phone.

4. By placing an inquiry, the Customer also agrees to the processing of his/her personal data such as: name, surname, e-mail address and telephone number, if any, which the Customer provides voluntarily. The basis for the processing of the said personal data is consent of the Customer. There is no obligation to provide personal data, however the refusal to provide such data will make it impossible to respond to the inquiry.

5. Should the Customer decide to place an order or to purchase goods from the Seller, his/her personal data, such as: name, surname, address, e-mail address, and telephone number will be processed to perform the agreement pursuant to Article 6(1)(b) GDPR.

6. The Customer has the right to access his/her data and the right to correct such data. The Customer may at any time withdraw the consent to the processing of personal data or request that data processing is restricted. In such an event it is sufficient to submit the Seller relevant notification. Consent withdrawal shall not affect the legality of the processing that was carried out before the consent was withdrawn.

7. Customers' personal data shall be processed only for the purpose of responding to the submitted inquiry by e-mail or telephone or to perform the agreement. Customers' personal data shall not be transferred to other recipients of personal data. Personal data shall be processed only until the purpose for which data was collected is achieved.

8. Should the security of customer’s personal data be violated, the Customer has the right to file a complaint with the supervisory authority, i.e. to the President of the Personal Data Protection Office.

 

XII. FINAL PROVISIONS

 

1. The Buyer is obliged to immediately notify the Seller of any changes in delivery addresses, authoridations, or powers of attorney, or else the correspondence and orders placed by currently authorised persons are considered effectively delivered to the last specified address.

2. To any and all matters not specified in these GTC, agreement or rules of additional services, provisions of the Civil Code and the Consumer Law shall apply.

3. Should any of the provisions of these GTS be considered invalid, illegal, or unenforceable in any scope, this shall not affect the validity of the remaining provisions of the GTS.

4. Any and all matters and disputes arising from orders or agreements entered into between the Seller and the Buyer, in particular related to the establishment of a legal relationship between the Seller and the Buyer, its performance, termination, cancellation and pursuing claims for non-performance or improper performance of order or agreement shall be subject to the exclusive jurisdiction of competent courts of the Republic of Poland and Polish law.

5. The content of these GTC may be amended. Amendments to the GTC come into force on the day of their publication on the Seller's website. Amendments shall not apply to Orders placed before the effective date of these GTS.