- The General Terms of Sale define the rules for concluding contracts for the sale of goods offered by FHU Grzegorz Ozdowski.
- The General Terms and Conditions of Sale, hereinafter also referred to as "GTS", constitute an integral part of all sales contracts concluded with FHU Grzegorz Ozdowski, unless the parties make different arrangements in writing.
- The General Terms and Conditions of Sale are announced and accepted by the Buyer as an attachment to partnership agreements or at the latest when placing an order, and are also available on the website: www.fhuozdowski.pl and www.fhuozdowski.bazarek.pl. If the Buyer is in permanent business relations with FHU Grzegorz Ozdowski, the acceptance of the General Terms and Conditions of Sale with one order is considered as their acceptance for all other orders and sales contracts.
- If the Buyer has not submitted a declaration of acceptance of the GCS, FHU Grzegorz Ozdowski may suspend the delivery of the goods until receipt of a written declaration.
- The online store located on the website at fhuozdowski.bazarek.pl allows you to make purchases via the Internet. The fhuozdowski.bazarek.pl store is run by the company:
FHU Grzegorz Ozdowski
Krosnowice 204D / 1
Registration authority: Lądek Zdrój City and Commune Office
Registration Number: 2629/08
FHU Grzegorz Ozdowski
Krosnowice 204D / 1
AND OFFERS, ADVERTISING MATERIALS AND PROTECTION OF GOODS
- Offers, advertisements and other announcements about goods offered by FHU Grzegorz Ozdowski are for information purposes only. Patterns, diagrams and drawings attached to the offer by FHU Grzegorz Ozdowski are for reference only.
- Offers presented by the FHU Grzegorz Ozdowski company are valid for 21 days, or for a shorter period, if agreed by the parties.
- The company FHU Grzegorz Ozdowski reserves the right to sell the goods in the meantime.
- The goods delivered by FHU Grzegorz Ozdowski, as well as all related cost estimates, drawings and offer documents, are protected under the terms of the provisions protecting economic turnover and intellectual property rights. Cost estimates, drawings and offer documents are the property of FHU Grzegorz Ozdowski and may not be made available to third parties without the written consent of FHU Grzegorz Ozdowski, unless they were intended for advertising purposes. They should be immediately returned to FHU Grzegorz Ozdowski if the order was not placed.
II WRITTEN ORDER (mail, fax, post)
The order should contain the following elements:
- the name, exact address, number and place of entry in the register of business activities or the National Court Register of the Buyer;
- reference to a possible offer by specifying at least its date and number or the person preparing it.
- specification of the ordered goods with reference to the trade name or the delivered sample, in accordance with the FHU Grzegorz Ozdowski codification
- tax identification number NIP (not applicable to Buyers who have already submitted the above documents to FHU Grzegorz Ozdowski).
- Date of issue, place of delivery and method of delivery of goods (forwarding, mail, etc.)
- Additional note:
- I declare that I have read and accept the general terms and conditions of sale of FHU Grzegorz Ozdowski
- I undertake to pay 100% of the gross value of my order according to the form of payment and the date provided by FHU Grzegorz Ozdowski
- I am aware that in the event of the possibility of returning the goods, I cover the cost of transport from and to FHU Grzegorz Ozdowski.
III ORDER THROUGH THE ONLINE STORE.
- Purchase in the online store fhuozdowski.bazarek.pl means acceptance of these regulations.
- The order can be placed using the function of adding a product to the basket and then using the button "Order with payment obligation". In order to be able to properly carry out the contract procedure, it will be necessary to set up a user account, thanks to which you can also monitor the status of the contract.
- The basic condition for the implementation of purchases is the correct filling of contact details along with the correct, existing e-mail address and telephone number under which he will confirm the order.
- The order can be placed 24 hours a day all year round. Orders placed on weekdays after hours. 13:00 p.m., on Saturdays, Sundays and public holidays - they will be implemented on the next business day.
- Orders with incorrectly completed contact details (non-existent e-mail or no telephone) will not be considered.
- FHU Grzegorz Ozdowski reserves the right to suspend orders that raise doubts.
- The prices of goods in the online store fhuozdowski.bazarek.pl are given in Polish zlotys and include VAT (net and gross prices).
- FHU Grzegorz Ozdowski only issues a VAT invoice for the purchased goods. To receive a VAT invoice for a company, you must correctly fill in the company's data along with the tax identification number.
§ 1 DELIVERY DATE
- Orders are carried out in Poland.
- Binding for both parties, the date of delivery of the goods is the date indicated by FHU Grzegorz Ozdowski in the written order confirmation. If the delivery date is not clearly specified in the order confirmation made by FHU Grzegorz Ozdowski, it means that this date is considered approximate by the parties. Any changes to the order placed should be made in writing and sent by fax or e-mail to the address FHU Grzegorz Ozdowski within 3 days from the date of the original order - under pain of refusal by FHU Grzegorz Ozdowski
- The delivery date is considered to have been met by FHU Grzegorz Ozdowski if the shipment with the goods left the FHU Grzegorz Ozdowski warehouse before the agreed delivery date. If shipping or collection is delayed for reasons attributable to the Buyer, sending a notification of readiness for shipment or collection of the goods before the agreed delivery date expires shall be deemed compliance with the applicable delivery date.
§ 2 DISTRIBUTION OF THE RISK BURDEN
- In the event that the goods are shipped to the Buyer's address via a carrier, the benefits and burdens associated with the goods are transferred to the Buyer and the risk of accidental loss or damage to the goods takes place at the time the goods are delivered to the Buyer. If, at the time of receipt of the goods from the carrier, the Buyer finds an existing difference between the goods actually delivered and the goods specified in the shipping documents, or if the goods are damaged, he should immediately enter his reservations on the copy of the carrier's bill of lading or in the goods specification. These activities are aimed at determining the rules and scope of the possible liability of the carrier. Failure by the Buyer to fulfill the above obligations will mean:
- his resignation from his rights under the warranty for physical defects of the goods - in the event of damage to the goods;
- his consent to change the concluded contract in the part concerning the marking of its subject and price - in the event of differences between the goods delivered or its quantity, and the one entered in the bill of lading or specification.
- If the item sold is to be sent by the Seller to a place that is not the place of performance, it is understood in case of doubt that the release was made at the moment when, in order to deliver the item to its destination, the Seller entrusted it to a carrier engaged in the transport of such items.
- In the event that the Buyer picks up the goods with his own means of transport, the benefits and burdens related to the goods are transferred to the Buyer and the risk of accidental loss or damage to the goods takes place when the goods are released to him at the FHU Grzegorz Ozdowski warehouse. The person collecting the goods on behalf of the Buyer should have a written authorization issued by a person authorized to represent the Buyer.
- The buyer is obliged to control and sign the compliance of the goods with the order in terms of quantity and quality in the presence of the driver. All discrepancies are noted in writing.
§ 3 NO DELIVERY (definitive, temporary or partial)
- FHU Grzegorz Ozdowski is not liable if the release of the goods is impossible or delayed for reasons beyond his control. FHU Grzegorz Ozdowski is obliged to inform the Buyer immediately about the reasons for the delay or the impossibility of delivery, unless the circumstances prevent such notification. If the delay exceeds 30 days, each party has the right to withdraw from the contract without the right to claim any compensation. If the contract provided for the delivery of the goods in parts, the possible withdrawal from the contract applies only to the delayed part of the service, and not to the services provided for later.
§ 4 NO COLLECTION, REFUSAL OR RETURN OF GOODS
- A consumer (a natural person who performs a legal transaction not directly related to his business or professional activity at 22 KC.) Who has concluded a distance or off-premises contract, may withdraw from it within 14 days without giving any reason, except for goods with clear traces of use, made according to the consumer's specifications or serving to satisfy his individual needs. The return of the goods may take place when the withdrawal form is completed and sent to FHU Grzegorz Ozdowski (by post, fax, e-mail) and after the return acceptance by FHU Grzegorz Ozdowski, all costs and the risk of returning the goods shall be borne by the Consumer. FHU Grzegorz Ozdowski may collect the returned goods from the Consumer, but the cost of transport is covered by the Consumer. Returning the goods to the remaining group of buyers: FHU Grzegorz Ozdowski is not obliged to accept the return of the sold goods in accordance with the contract. The return of the purchased goods is allowed only on the basis of the individual arrangements of the Buyer and FHU Grzegorz Ozdowski, and all costs and the risk of returning the goods shall be borne by the Buyer.
- The reimbursement is made as soon as possible, provided that the goods are returned, a signed copy of the correcting invoice sent to FHU Grzegorz Ozdowski (post office, fax, e-mail) is returned and the form of reimbursement is taken into account (bank transfer, postal order, etc.) and the place is specified. destination (bank account number, home address, etc.)
- In the event that the buyer (including the consumer who has not withdrawn from the contract within 14 days) does not collect the goods or refuses to accept them within the prescribed period, FHU Grzegorz Ozdowski has the right to place the goods in the warehouse at the expense and risk of the Buyer and demand a refund of transport costs from him. .
- If the goods are placed in the warehouse of FHU Grzegorz Ozdowski due to the lack of or refusal to collect the goods by the Buyer within the prescribed period, the Buyer is obliged to pay FHU Grzegorz Ozdowski the (component) remuneration in the amount of PLN 5 (five) net for each day of storage.
- If the delay in collecting the goods from the FHU Grzegorz Ozdowski warehouse exceeds the period of two weeks from the date of leaving the goods at the Buyer's disposal or if the Buyer refuses to accept the goods, FHU Grzegorz Ozdowski has the right to withdraw from the contract or sell the goods at the expense and risk of the Buyer.
V TERMS OF PAYMENT
§ 1 PRICE
- Unless there were other arrangements between the parties, the goods are invoiced at the prices applicable on the day of delivery or when the goods are left at the disposal of the Buyer.
- The prices specified in the price lists sent to contractors are binding until written notification by FHU Grzegorz Ozdowski about their change. The prices specified in the price lists do not include VAT.
- Unless otherwise agreed, the ex-warehouse prices of FHU Grzegorz Ozdowski in Ścinawica apply.
- Prices specified in foreign currencies are converted into Polish zlotys according to the selling rate of the National Bank of Poland on the date of the invoice.
- The Buyer is not entitled to submit a statement of deduction towards FHU Grzegorz Ozdowski.
- Filing a complaint does not entitle the Buyer to withhold payment for the goods or for part of them.
§ 2 PAYMENT DEADLINE
- The payment date for the goods is counted from the date of issuing the invoice. The date of payment agreed between the parties will be entered by FHU Grzegorz Ozdowski each time on the invoice. FHU Grzegorz Ozdowski reserves the right to adjust the loan time to the Buyer's situation. He also has the right to make the execution of the order conditional on the provision of a guarantee or prepayment for the ordered goods. If the parties agree on payment dates for the goods in installments, any delay in payment of any of the installments automatically results in the immediate payment of the remaining amount due.
§ 3 DELAY IN PAYMENT
If the amount due under the invoice has not been settled within the prescribed period, FHU Grzegorz Ozdowski will be entitled to:
- demand the Buyer to pay interest for delay in the amount corresponding to the current statutory interest rate,
- make immediately due for payment of all invoices for which payment terms have not yet expired.
- the Buyer makes the payment of the price before the date of delivery of the goods resulting from other orders already accepted for execution.
VI RESERVATION OF OWNERSHIP OF SOLD GOODS
- FHU Grzegorz Ozdowski reserves the right to ownership of the delivered goods until the Buyer pays the full price. This reservation may not in any way modify the provision of point V § 2, which specifies the risk distribution. The buyer is obliged to insure the goods against fire and other random events.
- In order to enable the identification of the goods, the Buyer undertakes not to remove the characteristic markings of the goods before the full payment of the price. Resale or any transformation of the goods to which the reservation applies is prohibited.
- In the event that the Buyer sells, transforms or refuses to release the goods to FHU Grzegorz Ozdowski, the Buyer will be charged with a contractual penalty of 200% of the value of the goods to FHU Grzegorz Ozdowski.
VII WARRANTY TERMS
- FHU Grzegorz Ozdowski hereby grants the Buyer a guarantee of the correct operation of the purchased devices.
- The warranty for the purchased devices will be valid for a period of 12 months from the date of issuing the invoice to the Buyer.
- The buyer undertakes to immediately check the received goods for possible defects.
- In the case of quantitative complaints, a complaint may be submitted:
- for complaints resulting from incorrect loading of the goods - no later than on the day following the unloading of the goods / receipt of the goods from forwarding,
- for claims resulting from damage caused during transport - at the latest on the day of receipt of the goods from forwarding.
- In the case of quantitative complaints, it is necessary for the Buyer to make an annotation on the bill of lading about the type of damage to the purchased goods (missing or damaged goods). The note on the bill of lading must be signed by the driver who made the delivery.
- Quality complaints regarding apparent defects should be reported to FHU Grzegorz Ozdowski no later than 7 calendar days from the receipt of the goods, hidden defects within 7 days from their detection, under pain of losing the warranty rights.
- The deadline for recognizing the Buyer's claim under the warranty is 14 working days from the date of submitting the complaint to FHU Grzegorz Ozdowski.If the complaint requires the participation of the manufacturer, in particular resulting from the necessity to send the goods to the manufacturer, the deadline for examining the Buyer's claim under the warranty is extended by the time necessary to examine the sold goods. In this case, the Buyer will be individually notified of the date of the warranty claim. Statement template: Annex 1
- If the complaint is considered justified, FHU Grzegorz Ozdowski may, at his discretion, either replace the product with a new one, free from defects or agree on appropriate compensation. The settlement of the complaint in the manner described above excludes the possibility of demanding further compensation.
- Failure to submit a complaint within the deadlines provided above causes the Buyer to lose the right to complain.
- FHU Grzegorz Ozdowski undertakes under this warranty to remove the physical defects of the purchased device or replace it with a new one, free from defects, if these defects are revealed during the warranty period.
- The replacement of the purchased device with a new one, free from defects will take place in the event that FHU Grzegorz Ozdowski finds a defect of the device that cannot be removed.
- FHU Grzegorz Ozdowski is not responsible for any damage caused during the unloading of the goods.
- FHU Grzegorz Ozdowski is not liable for damages caused by improper use or storage of the goods by the Buyer and for errors in execution and design by third parties.
- The warranty does not cover:
- damage to the equipment caused by its user as a result of improper or inconsistent with the operating instructions use of the equipment, which also applies to their assembly, installation and maintenance,
- damage to devices caused by their use contrary to their intended use, in particular due to failure to comply with the operating instructions,
- damage to devices caused by the use of inappropriate consumables,
- damage to the equipment resulting from its repair by unauthorized persons,
- alterations and design changes made by unauthorized persons,
- The warranty applies to FHU Grzegorz Ozdowski only to the first Buyer.
- FHU Grzegorz Ozdowski has the right to demand delivery of a defective part at the Buyer's expense.
- The Buyer declares that he will not make any claims against FHU Grzegorz Ozdowski for the downtime of devices supplied by FHU Grzegorz Ozdowski, regardless of the reasons that caused such downtime.
- The costs of delivering the device to FHU Grzegorz Ozdowski are borne by the Buyer.
- In technical disputes, the standards of the manufacturer of the purchased devices apply.
- By accepting this complaint procedure, the Buyer resigns from exercising the right to set off his claims.
- In matters relating to the liability of FHU Grzegorz Ozdowski for defects in the goods sold, the provisions of the Civil Code relating to the warranty for physical and legal defects shall apply accordingly, taking into account the provisions of this paragraph.
VIII. LIABILITY FOR DAMAGES CAUSED BY THE PRODUCT
FHU Grzegorz Ozdowski is not responsible for any damage caused by the product after its receipt by the Ordering Party.
IX ASSEMBLY AND START-UP
- The terms and rates of FHU Grzegorz Ozdowski regarding the posting of service and other workers apply to work related to the assembly and commissioning.
- In the event of an unjustified request from FHU Grzegorz Ozdowski as part of a complaint to replace or repair the product, FHU Grzegorz Ozdowski will charge the Buyer with all related costs.
X PARTIAL EFFECTIVENESS
If some provisions of the GCS are invalid as a result of introducing different statutory regulations, the remaining provisions shall not lose their validity.
XI PROTECTION OF PERSONAL DATA
By accepting these GTS, the Buyer agrees to the processing of his personal data by FHU Grzegorz Ozdowski and entities acting on its behalf in the country and abroad, in connection with the implementation of contracts for the sale of goods offered by FHU Grzegorz Ozdowski and for marketing purposes related to the activities conducted by FHU Grzegorz Ozdowski. economic. The Buyer is entitled to all rights under the Act of August 29, 1997 on the Protection of Personal Data (consolidated text, Journal of Laws No. 101, item 926 of July 6, 2002).
FHU Grzegorz Ozdowski and the Buyer will strive to settle all disputes arising out of the performance of contracts covered by these terms amicably. 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 FHU Grzegorz Ozdowski
In matters not covered by the provisions of this contract, the provisions of the Civil Code shall apply.