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General sales conditions

General Conditions of Sale No. 1/2017 in force in Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. with its registered office in Warsaw in force from 15.03.2017

§ 1

1. The General Conditions of Sale (GCS) define mutual rights and obligations arising from the conclusion between the Seller and the Buyer of an agreement of sale of goods included in the commercial offer of the Seller.
2. For the purposes of these general conditions of sale, the following definitions shall be introduced:
a) GCS - General Conditions of Sale,
b) The Seller Zakład Produkcji Folii "EFEKT PLUS" Sp. z o.o. with its registered office in Warsaw, Świętokrzyska 30 lok.63, 00-116 Warsaw, entered into the Register of Entrepreneurs kept by the District Court in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000186179,
b) The Buyer - each and any contractor of the Seller, who is not a Consumer.
3. The Seller conducts only a wholesale activity, and therefore the minimum number of ordered goods must include one EURO, EURO-SIMILAR or INDUSTRIAL palette.
4. The GCS shall apply to all the agreements for the sale of goods from the Buyers, with which no individual agreements of sale of goods were concluded, that would exclude the validity of these GTS.
5. GCS are available to the Buyer on the following Seller's website (www.folia-stretch.pl).
6. Each and any placement of the goods purchase order by the Buyer shall constitute an acceptance of the Seller's valid GCS.
7. The Buyer acknowledges and agrees that the Seller is not bound by any standard agreements or reservations of the Buyer that are inconsistent with these GCS.
8. If the Buyer does not accept the Seller?s valid GCS, it shall be obliged to notify that, at the latest before placing an order.

 

§ 2

1. The Buyer shall each time place orders for goods contained in the Seller's commercial offer, in one the following manners:
a) sending the order to the following fax number: +48 17 740 98 71,
b) sending the order electronically to the following general e-mail address: biuro@folia-stretch.pl
c) sending the order electronically to a direct e-mail address of one of the Commercial Representatives
2. Each order should include:
a) data of the Buyer (name, address, company registration number, tax identification number),
b) the exact delivery address, if different from the address of registered office of the Buyer, this fact must be clearly stated,
c) description of the goods ordered: type, size, weight and quantity,
d) method of delivery,
e) proposed date of delivery,
f) contact details of the person placing the order,
3. The Buyer acknowledges and accepts that due to the technological conditions, the thickness of the ordered goods may be different from that indicated in the order by up to 5 %, width +/- 2%, and weight by up to 2 %. The weight discrepancy for hand roll up to 1,5 kg netto is +/- 50 g, for other hand roll weights it is +/- 5 %.

4. In order to protect the interests of the seller reserves for himself the right to carry out the verification process each buyer, in terms of its solvency and reliability. Therefore, the buyer is entitled to refuse an order without giving a reason.

 

§ 3

1. The selling price of the goods shall be determined in the order confirmation on a case by case basis.
2. All prices are net prices do not include VAT tax.
3. The cost of delivery of the goods shall be determined individually when ordering.
4. The Buyer shall be obliged to pay for the purchased goods within the period specified in the VAT invoice. Date of payment shall be the date of crediting of funds on the Seller's bank account.
5. In the case of delay in payment for the delivered goods, the Seller shall be entitled to suspend further deliveries until the entire debt settlement, including the accrued statutory interest.
6. Filing a complaint for the goods purchased shall not relieve the Buyer from the obligation to timely settle its debts.


§ 4

 

1. The Seller reserves its right of ownership of the goods until payment of the entire price by the Buyer.

2. At the delivery to the Buyer or carrier of goods covered by the order, all the benefits and burdens associated with the goods and the risk of accidental loss or damage of the goods shall be transferred thereon.
3. The goods shall be delivered on the following pallets: EURO palettes (80 x 80) recoverable, INDUSTRIAL pallets (120 x 120) non recoverable, EURO-SIMILAR palettes (80 x 120) not recoverable, unless the parties otherwise agreed.
4. The Seller shall not be responsible for the consequences of delays in delivery of goods, which are a result of circumstances attributable to the carrier.
5. The Buyer shall confirm receipt of the goods on: acceptance protocol, copy of the invoice, delivery note, and bill of lading. By accepting the goods the Buyer confirms absence of any visible external defects.
6. The Buyer shall be obliged to examine the delivered goods for their quantitative and qualitative compliance with the order, their defects uncovered at the time of delivery.
7. The Buyer shall bear the full responsibility towards the Seller for any damage appeared as a result of his unjustified refusal to accept the delivered goods.
8. The Buyer shall be obliged to keep and store the purchased goods in appropriate conditions, i.e., in a dry place, at temperatures from + 10 to + 25 degrees Celsius, protecting it from extremes of weather, particularly sunlight and moisture.
9. The Buyer shall be obliged to immediately notify the Seller of the detection of any quality defects, however, no later than within 30 days from the date of delivery. After the above period, the right of the Buyer under the warranty for physical defects of the goods shall expire. The notification should occur in a way allowing obtaining confirmation that the Seller has received it.
10. Notification of complaint should be sent to the Seller together with the defective goods.
11. The Seller within 14 working days of receipt of the notification, shall be obliged to notify the Buyer about the complaint process.
12. In the course of the complaint procedure the Buyer must provide the Seller, at its own expense, with the defective goods as well as with any information that the Buyer deems necessary for examining the complaint. In the case of recognition of legitimacy of the complaint, the Seller during the time agreed by the parties, shall at its own expense exchange the faulty batch of goods.
13. The return of goods by the Buyer may be made only with the consent of the Seller.
In that case, the Seller shall be obliged to reimburse reasonable transportation expenses incurred by the Buyer.
14. If the complaint is unjustified, the Buyer shall be obliged to receive the complained goods at its own expense, within a period specified by the Seller.
15. The defective and therefore discounted goods shall not be subject to a complaint. The claim contains only products bought in Efekt Plus company. Goods which were toolled or confectioned are not oblidged to the claim.
16. The liability for damages of the Seller, towards the Buyer, for any damages resulting from the sale of defective goods, shall be limited to actual damages suffered by the Buyer. That liability shall be excluded within the remainder scope
unless it is opposed to any mandatory rules. Within the same scope, the Buyer shall be responsible for the acts or omissions of people it involved for the performance of order of the Buyer.


§ 5

1. The working days shall be all days, except public holidays, applicable in the Republic of Poland.

2. In the matters not regulated by GCS only provisions of Polish law will apply and the only competent court for settling disputes will be a Polish court of law competent for the Sellers registered office.

 

GCS be in force since 15.03.2017