GENERAL SALES CONDITIONS (GSC) OF ZAKŁAD PRODUKCJI FOLII EFEKT PLUS SP. Z O.O. WITH THE SEAT IN WARSAW
EFFECTIVE FROM 1 SEPTEMBER 2020
Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. with the seat in Warsaw, ul. 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, a holder of the Tax Identification Number (NIP) 8133193433 and REGON statistical number 691533340, hereinafter referred to as the Supplier, and the Customer shall be hereinafter referred to jointly as the “Parties”.
The Parties hereby agree as follows:
For the purposes of these GSC, the terms given below shall be defined as follows:
1.1. “Intellectual Property Rights” shall mean and encompass in particular all patents, copyrights, trademarks and trade names, as well as any other intellectual property rights or applications for their registration which Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. or any entity related thereto by capital has with regard to the Products or may at any time have, use or register with regard to the Products or its activities.
1.2. “Price List” shall mean a list of Product sales prices valid at a given time and determined by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
1.3. “Products” shall mean and relate to a full range of products of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
1.4. “Customer” shall mean natural persons conducting business activity and legal persons.
1.5. “GSC” shall mean the General Sales Conditions.
1.6 “Release” or “Release of the Products” shall mean a delivery of the Products to the Customer at the address/addresses agreed between the parties under these GSC.
1.7. “Civil Code” shall mean the Civil Code act (Journal of Laws of 1964, No. 16, Item 93).
1.8. “Transport Packaging” shall mean a collective packaging, fulfilling the requirements for storage of the Products during transport specified in the relevant regulations and recommendations of the manufacturer and Zakład Produkcji Folii EFEKT PLUS Sp. z o.o., in which the Products are released to the Customer by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
1.10. “Price maturity date” shall mean a day indicated in the invoice issued by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. for the Customer, on which the amount due specified in this invoice is to be paid by the Customer. The date of payment shall be the date on which the bank account of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. has been credited.
1.11. “Trade credit” shall mean a credit granted to the Customer by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. consisting in the deferral of the date of payment for the Products released to the Customer.
1.12. “Confidential information” shall mean any information provided to the other Party in oral, written or electronic form, relating directly or indirectly to the Party of the GSC, its partners, contractors, co-workers, as well as the subject-matter of these GSC.
1.13. “Local warehouse” shall mean a warehouse located in the European Union in which the Products ready for Release are stored.
1.14. “Authorisation Number” is a reference number assigned by the Customer Service Department of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. to the Customer lodging a complaint concerning the Products. It is a prerequisite for the Customer for making any additional settlements or return of the Product.
1.15. “Trading conditions” define detailed principles of cooperation between the Parties and complement the General Sales Conditions (GSC).
§2. Subject-matter of the Agreement
2.1. The subject-matter of these GSC is establishing the conditions of Product sales by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. to the Customer.
2.2. As part of implementation of these GSC and under the conditions set down therein, Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall undertake to sell the Products to the Customer, whereas the Customer shall undertake to purchase against payment from Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. the Products for his/her own use or for the purpose of their further resale in his/her own name and on his/her own behalf, as well as on his/her own responsibility, in accordance with the generally applicable laws and provisions of these GSC.
2.3 This GSC document is available/published on the generally available website www.efekt-stretch.com
§3. The procedure for Product ordering
3.1. The Products will be sold after the Customer has placed an order specifying the quantity and type of the Products ordered.
3.2 Each order shall include:
3.3 The condition for order processing is its confirmation by the Supplier. The Supplier shall inform the Customer about an order confirmation within three working days of receiving the order by sending an order confirmation.
3.4 Lack of confirmation of the order acceptance by the Supplier within the period referred to paragraph 3.3 shall mean that the contract has not been concluded, and shall not impose any obligations on the part of the Supplier towards the Customer.
3.5 The Customer acknowledges and accepts the fact that due to the technological conditions, the thickness of the Product ordered may be different from the one indicated in the order by maximum +/- 5% (for film ≤ 20 µm +/- 1 µm), the difference in the film width may amount to +/- 2%, whereas the weight of an individual manual film roll could range +/- 50g (concerns film up to 1.5 kg), other manual film weight – a single roll up to +/- 5%, for a machine/jumbo film+/- 2%, and the gross weight of the whole pallet +/-2 %.
3.6 In order to protect his/her own interests, the Supplier reserves the right to carry out the verification process of each Customer in terms of his/her solvency and reliability. Therefore, the Supplier shall be entitled to refuse to accept the order without giving any reasons.
3.7. The Customer can place an order by:
3.8. Information about:
is set out in Schedule No. 3 to these GSC.
3.9. In case of discrepancies between these GSC and the order placed by the Customer, the terms and conditions of these GSC shall be binding.
3.10. The Customer assures and guarantees that the persons who will place an order are duly authorised to represent the Customer in this regard at the moment of placing an order, and that the orders placed by them are binding for the Customer.
3.11. If Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. is not able to fully execute an order – under the conditions laid down therein, it will inform the Customer about this fact within 3 working days of the order confirmation. In such a case, the Parties shall jointly determine the new conditions of order processing.
3.12. The Parties give their consent to the delivery of the Products in consignments in case it is not possible to complete an order at one time by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. In such a situation, the timing and volume of deliveries of individual Product batches shall be specified by means of separate arrangements between the Parties. Fixing a date of the Product Release different than the date proposed by the Customer in the order referred to above, shall not be treated by the Parties as a delay in providing a service by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. and shall not entitle to rescind the contract for purchase of the Products which are the subject-matter of the order or to treat Product sales as not having been made.
3.13. The Parties hereby – in accordance with their right – exclude the application of Articles 68-69 of the Civil Code, especially with regard to:
3.14. The Supplier conducts exclusively wholesale and therefore, the minimum quantity of the ordered goods must include one EURO-ORIGINAL, EURO-SIMILAR or INDUSTRIAL pallet.
3.15. The GSC are applicable to all the contracts for sale of goods with Customers with whom an individual contract for sale of goods that would exclude the validity of these GSC has not been concluded.
3.16. The GSC are available for the Customers on the Supplier’s website (www.efekt-stretch.com).
3.17. Each order for the purchase of the Products placed by the Customer shall mean that he/she has read and accepts the Supplier’s applicable GSC.
3.18. The Buyer acknowledges and approves the fact that no contractual standards or the Customer’s objections contrary to the said GSC shall apply to the Supplier.
3.19. If the Customer does not accept the Supplier’s applicable GSC, he/she is obliged to inform about this fact no later than before placing an order.
3.20. Cancelling an order after confirming an order acceptance for processing is not possible. The Customer is obliged to accept the sent goods covered by the order, and in case of not accepting the ordered goods, he/she shall be charged with the costs of transport, storage and utilisation of the goods covered by the order. The utilisation of the Goods shall occur within a period of not less than three months from the planned delivery date. The Customer who has made a prepayment for the order shall not receive a refund of the payment made. The final settlement of an unaccepted order shall occur after the utilisation of the Goods covered by the order.
3.21. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. conducts exclusively wholesale and therefore, the minimum quantity of the ordered goods must include one EURO-ORIGINAL, EURO-SIMILAR or INDUSTRIAL pallet. In the promotional period it is possible to purchase a new range of products in the quantity less than 1 pallet.
§4. Product Release to Customer
4.1. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. undertakes to release the ordered Products to the Customer on the date agreed between the Parties, in accordance with the provisions of the following points 3.1.-3.2., 3.6.-3.7.
4.2. Unless otherwise agreed by the Parties in writing, the Products shall be delivered by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. or a third part acting upon order of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. to the address specified when placing an order in the system.
4.3. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall release the Products in cardboard Transport Packaging or/and on EURO-ORYGINAL, EURO-SIMILAR or INDUSTRIAL pallets.
4.4. A different form of Transport Packaging of the Products than the one indicated above by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall be used in case Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. receives a written order from the Customer, as well as the Customer’s commitment to cover the costs of changing or using another additional packaging, subject to mandatory provisions of law concerning transport packaging and manufacturer’s recommendations concerning Transport Packaging of the Products.
4.5. Along with the Products released, Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall inform the Customer in writing about the number of Products released to him/her on that date.
4.6. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall bear responsibility for conformity of the number of released Products with the number specified in the information referred to in point 4.5.
4.7. Before collecting the Products, the Customer (or a person acting on his/her behalf authorised to collect the Products) shall investigate the condition of the Products by investigating the condition of Transport Packaging. In the case of discrepancies as regards the quantity, outer packaging quality or Product type, the Customer shall immediately, however not later than within three (3) working days of the Release, inform Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. about it, attaching the Discrepancy Report in connection with collecting the Product which constitutes Schedule No. 1 to these GSC. In the case of no discrepancy notification within this period, the Customer shall waive any claims under Product discrepancies referred to in point 4.8, sentence No. 2. The confirmation of Product receipt made by the Customer upon Release is tantamount to the confirmation of conformity with regard to the quantity of delivered Transport Packaging.
§5. Mutual obligations of the Parties
5.1. The Customer undertakes to ensure that the users of the Product have the possibility of the direct consultation with the authorised person at the Supplier’s. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall not be responsible for any damage caused by an act or omission of the person who carries out consultation for the users of the Products excluding the authorised persons at the Supplier’s.
5.2. The advertising activities carried out by the Customer with regard to the Products shall be carried out at Customer’s own cost and under his/her own responsibility. The Customer guarantees that the said advertising activities shall be carried out in accordance with the provisions of Polish law. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. may take part in Customer’s advertising activities at its discretion. Exercising the Intellectual Property Rights by the Customer as part of advertising activities each time requires a prior agreement with Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. with a prior written consent of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. The Customer undertakes to carry out advertising activities relating indirectly or directly to the Products only in such a manner that does not affect the reputation of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. or any entities capital-related to Zakład Produkcji Folii EFEKT PLUS Sp. z o.o
5.3. Any promotional or advertising materials relating to the Products to which the Intellectual Property Rights are applied, developed by the Customer or obtained thereby shall be subject to a prior written acceptance of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. before placing a given material by the Customer on the market. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall enjoy the exclusive right to refuse to accept any advertising materials including the Intellectual Property Rights without giving any reasons.
5.4. The Customer undertakes to obtain at his/her own expense and on his/her own responsibility any required licenses and authorisations required to purchase and further resell the Products thereby.
5.5. The Customer undertakes, during and as part of implementing these GSC, to observe any provisions of the generally applicable law, including in particular the Law on packaging products, requirements, decisions issued by authorities with competence in matters of supervision over the quality and trade of packaging products, as well as judicial decisions or decisions of administrative authorities relating to the Products.
5.6. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall not be responsible for any damage caused by the delay in the delivery of the Products resulting from the reasons not attributable to Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. or arising without the fault of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
§6. Safety of the Products
6.1. The Customer shall provide Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. or its authorised representative with any information concerning the Product defects, if such defects have occurred, within seven (7) days of having been informed about such a situation but not later than 30 days of the delivery date.
6.2. Information specified in point 6.1 shall be provided by the Customer to Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. on an appropriate form. A form template constitutes Schedule No. 3 to these GSC.
6.3. The Customer undertakes to store and transport the Products in a manner compliant with the requirements specified in Schedule No. 4 to these GSC and general requirements specified in the provisions of the Law on products made from plastics. Breaching any of these conditions shall be a basis for termination of these GSC.
6.4. The Customer is obliged to cooperate with Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. in full scope in the event of necessity to withdraw the Products from the market or on the basis of the decision of the competent administrative authorities (compulsory withdrawal) or on the basis of the unilateral decision of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. (voluntary withdrawal). In the case of both compulsory withdrawal and voluntary withdrawal, the Customer is obliged to immediately follow the instructions of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
§7. Defects of the Products
7.1. Any complaints relating to the Product defects shall be reported to Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. within thirty (30) days of the Product Release date. After this period, the Customer’s rights under warranty for physical defects of the Products expire. The notification should be made in a manner allowing for receiving a confirmation that the Supplier has received such a notification. The Supplier shall bear responsibility under warranty in accordance with the principles set out in these GSC. Any further responsibility under warranty in excluded. The complaint is made by telephone to the Customer Service Department and a written confirmation (e-mail) within three (3) working days of making a complaint. A complaint notification form should be sent to the Supplier along with the defective product (or its sample – being a Product originally purchased from the Seller). In the case of failure to provide a defective film or its sample, or an answer to the question relating to the complaint asked by the Supplier as part of complaint proceedings – the complaint shall be rejected.
In the case of foil purchased by number – a film roll that has been opened shall not be subject to complaint.
7.2. The Customer shall be informed about the manner of complaint processing in writing within 14 days of receiving a complaint notification by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
In the event of recognition of the legitimacy of the complaint, the Seller shall agree with the Buyer upon the manner of complaint processing (quantitative adjustment or other form agreed with the Buyer).
The return of the goods complained about by the Buyer under a recognised complaint shall be made only with the Seller’s approval. In such a situation, the Seller is obliged to the reimbursement of reasonable transport costs incurred by the Buyer. In the case when the product to be returned is collected by the Seller from the Buyer, the product is collected from the place where it has been delivered to the Buyer as part of sales, unless the parties agree on a different address of its collection and in quantity agreed with the Seller.
7.3. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall not be liable to the Customer on account of any additional running costs directly incurred thereby if the Product has a defect decreasing its value, or if the Product does not have characteristics of which existence the Customer has been assured by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o., or if the Product is released to the Customer incomplete and the above-mentioned circumstances resulted from the fault of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall not be liable for defects of the Products arising after the risk connected with the product has passed to the Customer, including the defects caused by inappropriate storage of the Products by the Customer, unless the defects resulted from the reason embedded earlier in the Products and the defect could not be noticed within the period specified in point 7.1. The Supplier’s liability to the Customer for damages resulting from the sale of defective product, is limited to actual damage suffered by the Customer (it does not include in particular the benefits lost by the Buyer), its upper limit is the value of the purchased Products and it is based on the principle of wilful misconduct. In the remaining scope, the liability shall be excluded, unless it is contrary to the mandatory law. The Supplier is responsible to the same extent for acts or omissions of persons who he/she used when processing the Customer’s order.
7.4. The Products may only be returned due to the defects of the Products preventing from their use, the characteristics of which are not in conformity with the parameters declared by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. in the Technical sheets.
7.5. Before returning the Products, the Customer is obliged to obtain the Authorisation Number in the Customer Service Department of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
7.6. Due to the contractual modification of the liability of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. under warranty for the defects of the Products, the Parties hereby, pursuant to Art. 558 (1) of the Civil Code, exclude the liability of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. under warranty for the defects of the Products, subject to points 7.1.-7.5. and 7.7.
7.7. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. is not obliged to any other benefits due to qualitative and quantitative defects of the Products than the ones specified in these GSC or resulting from mandatory law. The Customer’s rights set out in these GSC expire if he/she does not inform Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. about the defect or incompatibility of the Products within the above period agreed upon between the Parties and in each case, after thirty days of Product Release.
7.8 The promotional products or incomplete products and discounted therefore, shall not be subject to complaint. Only an original assortment purchased in the Efekt Plus company shall be subject to complaints. The Products processed or packaged shall not be subject to complaint.
7.9 In the case of unjustifiable complaint, the Customer is obliged to collect the Product which he/she complains about at his/her own expense, within the period specified by the Supplier and to cover justifiable costs incurred by the Supplier as a result of complain proceedings.
7.10 The Customer is obliged to take all appropriate actions which will minimise any possible damages connected with using the defective Product. In the event that such actions have not been taken, within the scope of the damage that could have been minimised if the Customer had taken them – the Supplier shall not bear any responsibility.
7.11 The Customer is obliged to inform about the damage which occurred during transport by making notation in the transport document and damage report, as well as to report it immediately to the carrier and Supplier and – concerning the Supplier – to send the photographic documentation presenting and confirming the damage.
7.12 The Customer is obliged to store and warehouse the purchased Product in appropriate conditions, i.e.:
a). film shall be stored in places not exposed to direct impact of the weather, such as sun or rain where the temperature does not exceed 25oC and at the same time is not lower than 10 oC. Film should be stored at a distance of at least 1.5 m away from active heating appliances, strong oxidants, reducers or chemicals. Observing the above allows for proper processing of film and maintaining indicated film characteristics,
b). in the period of high temperatures outside – above 25oC and very low temperatures – below 5 oC – in order to maintain the expected film parameters it is recommended to observe the storage and warehousing conditions specified above and the principle that after the process of transporting it is necessary that it is subjected to the so called “seasoning” consisting in that the film is placed for the period of about 3 to 5 days in a dry warehouse, at temperature below 25 oC and above 10 oC in order to prevent the occurrence of any problems when using it. In the period when temperatures outside are lower (autumn and winter), the level of stickiness is slightly increased in order to facilitate the using of the products. In spring and summer the stickiness of film is adjusted to high temperatures outside, which is aimed at preventing the film from sticking. The above does not apply to specialist film which may have individual recommendations as regards their use, storage and warehousing. If the Product is stored at temperature other than temperature of use – the Product shall be seasoned for at least 12 hours before using it in the conditions of use.
c). Originally packed film may be stacked – to a maximum of 2 pallets with due diligence. The pallets must be strictly separated with a cardboard divider to prevent the film from damaging. The damage of top layer of the film caused by wrong protection of film during stacking shall mean that the Customer has not observed the storage and warehousing conditions of the film and shall not constitute grounds for the Supplier’s liability for damage and shall not justify the complaint.
d). It is recommended to use the stretch film within 6 months of the delivery provided that the manufacturer’s recommendations relating to warehousing, storage and use of the film are observed. The film of the High Slip brand is an exception. It is recommended to use the film of the High Slip brand – One side clining (OSC) within 3 months of the delivery. This period results from maintaining an appropriate level of stickiness for this type of film. After the period of 3 months a decrease in the level of film stickiness may occur, which is a natural process for the above-mentioned film. The decrease in the level of stickiness shall not affect the other qualitative and strength parameters of the Product. Similarly, it is recommended to use other film offered by the Supplier within 3 months of the delivery to the Customer. When using it later, the Customer shall bear in mind the possibility of change of certain parameters of the film caused by stress relaxation therein when unwinding the film from the roll. Only food packaging film is intended to come into contact directly with food. Using other film for direct contact with food by the Customer shall occur at his/her own responsibility, both in terms of film and food packaged therein. It is recommended that the Customer consider the above-mentioned information before placing an order.
8.1. The general price list of the Products can be obtained from Sales Representative.
8.2. An additional discount resulting from the detailed trading conditions signed by the Parties and classification of a particular Customer according to turnover may be applied to the prices resulting from GSC (points 8.1 and 8.2).
8.3. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall reserve its right to change at any time the range of the Products offered, their prices, as well as the discount system.
8.4. The orders for the Products placed before notifying the Customer about the change of the Price List and before its date of application, shall be processed according to the prices valid and determined in the order confirmation sent by the Supplier provided that they are fully paid (prepayment) or are entirely within the amount of trade credit granted to the Customer. The orders placed after notifying the Customer about the change of the Price List and before its date of application, shall be processed according to the new prices determined in the order confirmation sent by the Supplier.
8.5. The invoice shall be sent to the Customer by mail or in an electronic form after the Product Release. The willingness to receive an invoice in an electronic form shall be communicated to the Representative.
8.6. The standard deferred payment term shall be 7 days starting from the date of issuing an invoice. The payment on account of purchasing the Products shall be deemed made on the day on which the bank account of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. has been credited. Another payment date may result from signed detailed trading conditions and classification of a particular customer according to turnover.
8.7. In the event that the Customer does not make a payment on the Price maturity date, indicated in the invoice, Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall be entitled in particular to:
The execution of any of the above rights by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. shall occur at the Supplier’s discretion and shall in no way preclude the use of other remedies provided for in the relevant regulations.
8.8. The Parties agree that during the period of validity of these GSC the total value of orders processed by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. (collected Products) on account of sales which the Customer has not made a payment yet, shall not exceed the amount of Trade Credit limit specified by way of separate arrangements of the Parties.
8.9. In the event that the Trade Credit limit has been fully utilised by the Customer, Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. has the right to discontinue further sales of the Products in a situation when its processing may result in exceeding the Trade Credit limit. If necessary, it is possible to change the Trade Credit limit by way of separate arrangements of the Parties.
8.10. Lodging a complaint about the purchased Product and conducting a complaint proceeding shall not free the Customer from the obligation to pay liabilities in due time.
8.11. The payment for the ordered Products may be made by means of 100% prepayment made by the Customer on the basis of pro forma invoice.
§9. Passing of risk
9.1. At the time of release of the Products covered by the order to the Customer or carrier, any benefits and burdens connected with the Products, as well as the risk of their accidental loss or damage are transferred thereto
9.2. When commissioning the carrier to deliver the ordered Products – the release of things by the Supplier shall take place in accordance with Art. 544 (1) of the Civil Code act at the time of handing over the Products to the carrier for transport. The Driver shall participate in loading the Products and load distribution, he/she checks the correctness of these activities, including whether their result is not dangerous for other road users or shipment, and secures the load during transport.
9.3. The Product is delivered by the carrier to the address provided in the order. If the Customer informs about the change of the above-mentioned address after placing an order, he/she is obliged to incur costs resulting therefrom, unless it has been communicated to the Supplier at least 2 weeks before a planned shipment date.
9.4. The Customer may indicate only one delivery address in the order.
9.5. The Customer ensures – at the delivery of the Products by the carrier – their unloading and checks the delivered Products, he/she incurs the costs and risks connected thereto, irrespective of which party of the contract is obliged to cover the transport costs.
9.6. The Products shall be delivered on EURO-SIMILAR (80×120), EURO-SIMILAR (80×120) or INDUSTRIAL (120×120) pallets not subject to reimbursement, unless the Parties agreed otherwise.
9.7. The Supplier shall not be responsible for the consequences of delayed deliveries of the Products resulting from the circumstances attributable to the carrier.
9.8. The Customer acknowledges the receipt of the Products in the acceptance protocol, invoice copy, delivery note and waybill. When receiving the Products, the Customer acknowledges the fact of no visible external defects.
9.9. The Customer is obliged to check the delivered Products in terms of their conformity with the order, quantity and quality relating to non-hidden defects at the delivery.
9.10. At the receipt of the shipment, the Customer is also obliged to check the packaging of the Products (and the Products themselves, if possible) for any visible damage during transport and to take any actions aimed at determining the liability of the carrier and preparing a relevant damage report. Any shortages or damage of the Products shall be recorded.
9.11. The Customer shall secure the damaged Products and enable to carry out investigation by the carrier, Supplier (if he/she has a reference) or their insurers.
9.12. The receipt of the Products by the Customer without diligence and activities referred to in para. 9.10, 9.11 and 7.11 shall be a confirmation of the correctness of the delivery and delivered products, subject to § 7 of the GSC.
9.13. The Buyer shall be fully liable towards the Seller for the damage resulting from the unjustifiable refusal to accept the delivered product.
§10. Intellectual Property Rights
10.1. Any Intellectual Property Rights relating to the Products will be and remain the sole property of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. By means of these GSC and sales of the Products based thereon, the Customer shall not obtain any Intellectual Property Rights. No provision of these GSC shall be interpreted as constituting a license or authorisation to execute the Intellectual Property Rights in any scope.
10.2. The Customer agrees to observe any Intellectual Property Rights relating to the Products being the property of Zakład Produkcji Folii EFEKT PLUS Sp. z o.o.
10.3. The Customer agrees to place the Products on the market and promote them, in accordance with the principles set out in these GSC, bearing the same trademarks and trade names which Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. applies.
11.1. The Parties undertake mutually to maintain the confidentiality of information submitted by the other Party in connection with the conclusion of these GSC and Product sales based thereon, unless the necessity of its disclosure results from the provisions of the applicable law and requests of relevant public authorities. If any of the Parties is obliged to disclose confidential information in accordance with these GSC on the basis of relevant laws, then it is obliged to immediately provide the other Party with information on the fact that information has been provided, the recipient of information and scope of information provided.
11.2. The obligation specified in point 11.1 shall be binding on the Parties during the term of GSC and within three (3) years of the date of their termination.
§12. Final provisions
12.1. These GSC and Trading Conditions along with schedules and documents, including the invoices issued on the basis of these GSC represent the entire agreement between the Parties in terms of selling the Products to the Customer by Zakład Produkcji Folii EFEKT PLUS Sp. z o.o
12.2. The cooperation between the Parties may cover the Customer’s personal data when the Customer carries out his/her activities in the form of economic activity or civil partnership. Information on the manner and purposes of personal data processing by the Supplier, as well as on the rights of the Customers in this regard:
a). Personal Data Controller
Zakład Produkcji Folii “EFEKT PLUS” Spółka z ograniczoną odpowiedzialnością (Film Production Plant “EFFECT PLUS” limited liability company) with the seat in Warsaw, 00 -120 Warszawa, ul. Złota 44/334, email: is the Controller of personal data of natural persons disclosed by you. The place of personal data processing is each current address of the registered office as well as the Branch in Głogów Małopolski, ul. Innowacyjna 10, 36-060 Głogów Małopolski.
b). Data Protection Supervisor
The Company does not appoint Data Protection Supervisor. In all matters relating to data processing, you can contact the Controller at the following e-mail address or by regular mail at: ul. Innowacyjna 10, 36-060 Głogów Małopolski.
c). Purposes and grounds for data processing
The purposes and grounds for personal data processing will always be compliant with the Regulation on the General Data Protection Regulation (GDPR). The grounds for data processing may be a consent for data processing, performance or conclusion of a contract, legal obligation imposed on the Controller or the legitimate interests of the Controller. In the case of data processing on the basis of the consent granted, the rights to withdraw the consent for personal data processing is valid at any time, but the withdrawal of the consent does not affect the compliance with the right to process the data, which was made on the basis of prior consent, before withdrawal thereof.
d). Right of objection
The person whose personal data is processed, is at any time entitled to object to the personal data processing. The Controller will cease to process personal data for the aforementioned purposes, unless he can prove that there are important legitimate grounds for the Controller in relation to this data, which are superior to the interests, rights and freedom of the person whose data is processed or this data will be indispensable for possible establishment, investigation or defence of claims.
The personal whose personal data is processed, is at any time entitled to object to the personal data processing for the purpose of direct marketing. If the person whose data is processed will exercise this right – the Controller will stop processing data for this purpose.
e). Data retention period
Personal data will be processed as long as there are legal and factual grounds 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 Controller determines that the data has become obsolete.
f). Data recipients
The personal data provided to the Controller may be accessed by the Controller’s subcontractors, i.e.
– transport companies providing transport services at the Controller’s request – to the limited extent such as: a place of loading/unloading,
– companies providing legal services to the Controller,
– companies providing services related to the environmental protection to the Controller,
– companies providing IT services related to direct servicing of the correct operation of the accounting system,
– claims adjusters – in the event of damage.
g). The rights of data subjects:
According to the General Data Protection Regulation (GDPR), the person whose data is processed by the Controller is entitled to:
a) the right to access their data and receive a copy thereof;
b) the right to correct (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.
h). Information about the required/voluntary data submission
Providing the data is voluntary, but it may be necessary to conclude or perform a contract or carry out other activities.
The Customer has the right to oppose to collection or use of personal data by the Supplier in a manner presented in this information. If the Customer wants to object, he/she shall contact us at the following address: Zakład Produkcji Folii „EFEKT PLUS” Spółka z ograniczoną odpowiedzialnością z siedzibą w Warszawie, 00 -120 Warszawa, ul. Złota 44/334, email:
12.3. Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. and the Customer are independent contractors in all respects and so they shall act in relation to third parties. No Party is entitled to incur any obligation on behalf of the other Party. No provisions of these GSC shall be interpreted as the one creating an agency relationship between Zakład Produkcji Folii EFEKT PLUS Sp. z o.o. and the Customer.
12.4. These GSC shall be governed by the laws of Poland.
12.5. These GSC are concluded for an indefinite time and shall be effective on the day of their publication.
12.6. The schedules to GSC shall form an integral part thereof.
12.7. Any amendments to GSC shall be made in writing in the form of Appendix to these GSC.
The Supplier’s contact details: