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. 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, Złota 44/334, 00-120 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.
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: email@example.com
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.
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.
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 promotional product or 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.
INFORMATION ON PROCESSING PERSONAL DATA (RODO – Regulation on the Protection of Personal Data – translator’s note):
According to Art. 13 para. 1-2 of Regulation of the European Parliament and of the Council (EU) 2016/679 of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on Data Protection) (Official Journal of the EU, L 119, p. 1) – hereinafter referred to as RODO – we would like to inform you that:
I. Personal data administrator
Zakład Produkcji Folii „EFEKT PLUS” Spółka z ograniczoną odpowiedzialnością (Film Production Plant “EFEKT PLUS” limited liability company) with the seat in Warsaw, ul. Złota 44/334, 00-120 Warsaw, e-mail: firstname.lastname@example.org is the Administrator of personal data of natural persons disclosed by you. The place of processing personal data is each current address of the registered office as well as the Branch in Rogoźnica 306, 36-060 Głogów Małopolski.
II. Data Protection Supervisor
The company has not appointed Data Protection Supervisor. In all matters relating to data processing, you can contact the Administrator at the following e-mail address email@example.com or by regular mail at: Rogoźnica 306, 36-060 Głogów Małopolski.
III. Purposes and basics of data processing
The goals and basics of processing personal data will always be in line with the provisions of the Regulation on the Protection of Personal Data (RODO). The basis for data processing may be approval of data processing, performance or conclusion of an agreement, legal obligation imposed on the Administrator or the legitimate interests of the Administrator.
In the case of data processing on the basis of the approval granted, the right to withdraw the approval of processing of personal data is valid at any time, but the withdrawal of the approval does not affect the right to process the data, which was made on the basis of prior approval, before withdrawal thereof.
IV. Right to objection
The person whose personal data is processed, has at any time the right to object to the processing of personal data. The Administrator will cease to process personal data for the aforementioned purposes, unless he can prove that there are important legitimate grounds for the Administrator in relation to this data, which are superior to the interests, rights and freedom of the person whose data are processed or this data will be indispensable for possible establishment, investigation or defense of claims.
The person whose data is processed, has at any time the right to object to the processing of personal data for the purpose of direct marketing. If the person whose data is processed will exercise this right – the Administrator will stop processing data for this purpose.
V. Data retention period
Personal data will be processed as long as there are legal and factual basis for this.
The data processed for the purposes of direct marketing of our products and services may be processed until an objection to their processing for marketing purposes is submitted or the Administrator determines that the data has become obsolete.
VI. Recipients of the data
The personal data provided to the Administrator may be accessed by the Administrator ‘s subcontractors, i.e.
– transport companies providing transport services at the Administrator’s request – to a limited extent such as: place of loading / unloading,
– companies providing legal services to the Administrator,
– companies providing services related to environmental protection to the Administrator,
– companies providing IT services related to direct servicing of the correct operation of the accounting system,
– claims adjusters – in the event of damage.
VII. The rights of data subjects:
According to the Regulation on the Protection of Personal Data (RODO). the person whose data is processed by the Administrator is entitled to:
a) the right to access their data and receive a copy thereof;
b) the right to rectify (amend) their data;
c) the right to delete data, limit the processing of data;
d) the right to object to the processing of data;
e) the right to data transfer;
(f) the right to lodge a complaint with the supervisory authority.
VIII. Information about the required / voluntary data submission
Providing the data is voluntary, but it may be necessary to conclude or perform an agreement or carry out other activities.
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