I. These general terms and conditions of sale (GTCS) define the regulations (the rights and obligations) of the Seller (hereinafter also referred to as the “Service Provider”), and the Buyer (hereinafter also referred to as the “Customer”, or “Service Recipient”) related to the conclusion of agreements for the sale and / or delivery of products offered for sale by PROJEKT – AUTOMATYKA I ELEKTROTECHNIKA LTD. based in Opole (registered seat of the Company and address for communiction ): ul. Wspólna 3B, 45-837 Opole), entered to the Register of Companies of the National Court Register under the number 0000044843, REGON (Company’s Identification Number): 531596266, Tax Identification Number: 7542625852; share capital 220.000,00 PLN; e-mail: email@example.com; telephone number: +48 (0)77 451 54 50, Sales Department tel: +48 (0)77 401 67 80…85. The GTCS apply exclusively to Customers running a business activity.
II. Unless stipulated otherwise in the GTCS, the GTCS provisions are directly applicable to Offers and Sales Agreements and bind the Parties entirely in the following scope.
III. No general terms and conditions of the Customer or other commercial terms may be applied to relations based on the Offer and the Sales Agreement, unless the Seller gives separate written consent. For the avoidance of doubt, such consent will not result from the fact that the Seller has not responded to such documents received from the Customer.
IV. The GTCS constitute an integral part of the Offer and the Sale Agreement. If the GTCS have not been included or attached to the Offer, then the Customer is bound with the content of GTCS in the wording in force in the version published on the website: www.projekt.com.pl/OWS/ on the date of submission of the Offer by the Seller.
V. Confirmation of acceptance by the Customer of the Offer means that the Customer has accepted the content of the GTCS. If the provisions of GTCS are in conflict with the content of the Offer, then the content of the Offer shall apply.
1. GENERAL PROVISIONS
1.1. The GTCS apply exclusively to persons running a business activity (entrepreneurs) within the meaning of the provisions of the Law on Entrepreneurs dated March 6, 2018.
1.2.1. Fax – fax number of the Seller +48 (0)77 451 54 50, through which the Customer has the option to submit an Inquiry;
1.2.2. Sales Channels – sales channels available within the GTCS, i.e. Fax, E-mail and the direct conclusion (in person) of Sales Agreement in the Point of Sale;
1.2.3. Customer – (1) natural person with full capacity to perform acts in law, also, on the terms set forth in generally applicable provisions, natural person with limited capacity to perform acts in law; (2) legal person; or (3) an organizational unit without legal personality, which the competent law grants legal capacity,
running a business activity, who has concluded or intends to conclude a Sales Agreement with the Seller via E-mail, Fax, or in person at the Point of Sale;
1.2.4. Civi Code – The Law dated April 23, 1964 – Civil Code;
1.2.5. E-mail – e-mail address: firstname.lastname@example.org or other e-mail address with the domain: @projekt.com.pl, through which the Customer has an option to submit an enquiry;
1.2.6. Offer – the Seller’s offer, according to the provisions of the Civil Code, submitted to the Customer by the Seller, on the terms and conditions specified in the GTCS;
1.2.7. GTCS – these General terma and Conditions of Sale;
1.2.8. Product – a movable item in or a a multiple thereof from the Seller’s range to which the Sales Agreement between the Customer and the Seller applies. All Products offered by the Seller are brand new and free from physical or legal defects. In exceptional cases, if it is clearly marked in the name and/or the label and/or in the description of the Product, it may be a post-service product or a used product, and each such product is in a condition suitable for further use in accordance with its intended use;
1.2.9. Point of Sale– premises located in Opole, at ul. Budowlanych 16, in which the Customer has the option of submitting an Enquiry, receiving and accepting an Offer, concluding and executing a Sales Agreement;
1.2.10. Seller, Service Provider – PROJEKT – AUTOMATYKA I ELEKTROTECHNIKA LTD. based in Opole (registered seat of the Company and address for communiction ): ul. Wspólna 3B, 45-837 Opole), entered to the Register of Companies of the National Court Register under the number 0000044843, REGON (Company’s Identification Number): 531596266, Tax Identification Number: 7542625852; share capital 220.000,00 PLN; e-mail: email@example.com; telephone number: +48 (0)77 451 54 50, Sales Department tel: +48 (0)77 401 67 80…85.;
1.2.11. Parties – the Seller and the Customer jointly;
1.2.12. Sales Agreement – a general purchasing and ordering agreement of the product that has been concluded or is being concluded between the customer and the Seller in compliance with the GTCS;
1.2.13. Online service – electronic service provided by the Service Provider to the Customer via E-mail or Fax, based on which the Enquiry and / or Offer which is being submitted, and / or the Sales Agreement which is being executed;
1.2.14. Service recipient – (1) natural person with full capacity to perform acts in law, also, on the terms set forth in generally applicable provisions, natural person with limited capacity to perform acts in law; (2) legal person; or (3) an organizational unit without legal personality, which the competent law grants legal capacity,
running a business activity and using or intending to use the Online Service;
1.2.15. Enquiry – an enquiry for Products submitted by the Customer.
2. IMPLEMENTATION OF ONLINE SERVICES
2.1. The use of the Online Service starts with the moment of sending an enquiry to the Seller by the Customer via fax or e-mail.
2.2. The submission of the Enquiry follows after sending the enquiry via fax or e-mail.
2.3. The Online Service is provided free of charge and is of a one-time nature and terminates with the moment of submitting the Enquiry and/or the Offer, and/or concluding the Sales Agreement.
2.5. The Service Recipient is obliged to use Fax and Mail in a manner consistent with the law and business ethics with respect for the personal (individual) rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing unlawful content.
2.6. Complaint procedure:
2.6.1. Complaints regarding Online Service provided by the Service Provider (with consideration of Section 6 of the GTCS) can be reported and submitted by the Service Recipient in the following ways:
184.108.40.206. in writing at the address of the Service Provider’s registered seat;
220.127.116.11. in electronic form via email to the address: firstname.lastname@example.org.
2.6.2. It is recommended for the Customer to provide in the description of the complaint the following particulars: (1) information and circumstances concerning subject of the complaint, in particular the nature and date of the occurrence of defect; (2) demanding a way to bring the Product into compatibility with the Sales Agreement; (3) contact details of the complainant.
2.6.3. The Service Provider shall respond to the complaint of the Service Recipient and notify on the manner of reviewing the complaint in writing or via e- mail at the address from which the complaint was sent.
3. TERMS AND CONDITIONS OF CONCLUDING THE SALE AGREEMENT
3.1. The conclusion of the sale Agreement between the Customer and the Seller occurs after the earlier submitting the Enquiry via fax, e-mail, or in person by the Customer at the point of Sale. The following details of the Customer are required in the Enquiry: business name; Taxpayer Identification Number; e-mail address; contact telephone number; Product range; quantity of Product/s.
3.2. After submitting the Enquiry, the Customer is informed – via the Sales Channel within which they submitted the Enquiry (unless the Parties agreed otherwise) – about the price of particular Products, given in Polish zlotys or Euros. The prices include taxes. The customer is also informed of the total price including taxes of the Product being subject of the Enquiry, as well as delivery costs (including charges for transport and postal services) and other costs, and when it is impossible to determine the amount of these fees – about the obligation to pay for them(hereinafter referred to as the Offer).
3.3. Each time the Seller in the Offer specifies the period of its duration.
3.4. On receipt by the Seller the confirmation of acceptance by the Customer of the Offer (with no amendments)- within the term of the Offer referred to in point 3.3. above – the Sales Agreement between the Customer and the Seller is concluded.
3.5. The Customer is entitled to amend the content of the Sales Agreement, including the correction of the type and quantity of Products specified in the Enquiry, only with the exsplicit consent of the Seller.
3.5.1. The amendments made to the content of the Sales Agreement referred to above takes place after the arrangements made between the Parties by e-mail or in person (which will be confirmed in writing).
3.5.2. The amendments made to the content of the Sales Agreement referred to above is not possible after issuing a VAT invoice or transferring the Product / s to the despatch.
3.6. The Customer is entitled to conclude Sales Agreements exclusively for the needs of their business activity.
3.7. The Seller has the right of withdrawal (in whole or in part) from the Sales Agreement within 14 days of its conclusion. Such withdrawal from the Sales Agreement may occur without giving a reason and does not give rise to any claims on the part of the Customer in relation to the Seller. The Seller is also entitled to withdraw from the Sales Agreement (in whole or in part) in a situation where the manufacturer of a particular Product refuses to execute the Sales Agreement (in whole or in part). At that time, the Seller is entitled to withdraw from the Sales Agreement (in whole or in part) within 14 days from the date of receipt of information from the manufacturer. Such withdrawal from the Sales Agreement also does not give rise to any claims on the part of the Customer in relation to the Seller.
3.8. If the Customer fails to pay due amounts to the Seller, the Seller is entitled to:
a) suspension of: (i) the preparation of Offers, (ii) the conclusion of Sales Agreements or (iii) the execution of Sales Agreements until the Customer pays the amount owed in full, including default interest
b) withdraw from any Sales Agreement (in whole or in part) within 60 days from the date of the payment due.
3.9. The Seller reserves the right to change the price specified in the Sales Agreement in a situation where the manufacturer of a particular Product changes – during the execution of the Sales Agreement – the catalogue price of this Product, about which the Seller will notify the Customer via this Sales Channel, based on which the Sales Agreement was concluded or via e-mail indicated by the Customer in the Enquiry. At the moment of informing the Customer about the above, a new price for the Product ordered is the binding price for the Customer.
4.1. Payment under the sales Agreement shall be made by bank transfer to the Seller’s bank account indicated in the Offer or by “Cash On Delivery” prior to the release of the Product to the Customer. In the case of the execution of the Sales Agreement through the Point of Sale, the payment takes place at the Point of Sale in cash or with a payment card (unless the Seller decides otherwise).
4.2. In the case of some types of Product range, especially large-size and/or heavy-duty Products made to individual order, the Seller reserves the right to limit the payment method by excluding the “Cash On Delivery” payment option. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
4.3. Sales Agreements with a value exceeding PLN 500.00 (in words: five hundred zlotys) net and a Sales Agreement with a place of delivery outside of Poland will be carried out by the Seller only after making a prepayment in full.
4.4. In the case of payment by bank transfer to the Seller’s bank account, the Customer is obliged to make the payment on the day of concluding the Sale Agreement.
4.5. In the case of payment “cash on delivery” when collecting the parcel/shipment, the Customer is obliged to make a payment when collecting the parcel/shipment.
4.6. The Seller is entitled to credit the amounts due paid by the Customer towards the oldest outstanding debt (regardless of the legal basis of this debt), taking into account the incidental obligations arising from this debt.
5.1. Delivery of the product to the Customer is chargeable, unless the Sales Agreement stipulates otherwise. Available delivery costs of the Product (including including charges for transport and postal services) are determined in the Offer for the Customer.
5.2. The Seller shall make available to the Customer the following methods of delivery of the Product: (1) courier parcel, (2) Cash On Delivery.
5.2.1. The Customer has also the right to pick up the Product in person at the Point of Sale, from 7.30 to 15.30.
5.2.2. The Product may also be released to the Customer, with consent of the Seller, in the place indicated by the Customer or by a sales representative (or other employee or associate) of the Seller.
5.2.3. The parcel is delivered in accordance with the date specified in the Offer. This is an approximate delivery time, which consists in particular of: making up the Order or the Product, payment method, issuing a sales document. The time of delivery is also affected by, in particular: the place of delivery and the method of delivery chosen by the Customer.
5.2.4. The commencement of the delivery term of the Product to the Customer counts as follows:
5.2.5. if the Customer chooses the method of payment by bank transfer to the Seller’s bank account – from the date of crediting the Seller’s settlement account;
5.2.6. if the Customer chooses the payment method “Cash On Delivery” – from the day of concluding the Sale Agreement.
6.1. Upon the personal release of the Product by the Seller (or by the persons referred to in point 5.2.2 above) to the Customer at the Point of Sale, all the benefits and burdens related to the Product as well as risk of accidental loss or damage to the Product shall be transferred to the Customer, including item 6.2 . and item 6.3. below.
6.2. Upon the personal release of the Product by the Seller to the carrier, all the benefits and burdens related to the Product as well as risk of accidental loss or damage to the Product shall be transferred to the Customer. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
6.3. In the event of sending the Product to the Customer via the carrier, the Customer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If the Customers determines that during the transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.
6.4. Pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product against the Customer is excluded, taking into account item 6.5. below.
6.5. The Customer is obliged within 5 days from the date of delivery / release of the Products to notify the Seller about any non-compliance in terms of the quantity of delivered / released Products to the following email address: email@example.com. After this date, the Parties agree that the Customer has received the Products in the quantities agreed. After the Seller receives the notification referred to above, the Seller will inform the Customer about the method of processing this notification.
6.6. Any differences in the appearance (visualization) of the Products on the photographs (pictures, graphics, etc.) placed on websites, information brochures, etc., and their actual appearance, cannot constitute the grounds for any claims of the Customer towards the Seller.
6.7. The liability of the Seller in relation to the Customer, regardless of its legal basis, is limited – both as part of a single claim as well as for all claims in total – up to the price paid and delivery costs under the Sales Agreement, but not more than up to PLN 5,000.00 (in words: five thousand zlotys).The Service Seller is liable towards the Customer only for intentional fault and severe negligence and is not liable for lost profits in relation to the Customer.
7.1. All Products have a manufacturer’s guarantee, unless otherwise stated in the description of the given Product in the Offer. The detailed conditions for the implementation of the guarantee are specified in the guarantee document issued by the guarantor.
7.2. The Seller does not provide any guarantee for the Products.
7.3. If, together with the Product and / or a VAT invoice, the manufacturer’s guarantee card has not been delivered (issued), it is considered that the manufacturer has not issued a guarantee card for this Product.
7.4. If the Offer includes – apart from the Product – other elements which do not fall within the definition of the Product within the meaning of clause 1.2.8 of GTS (e.g. provision of services, implementation of applications, etc.), then in the Offer the Seller may provide a guarantee for the aforementioned other elements on the terms defined in the Offer.
8. PERSONAL DATA
8.1. The administrator of personal data of the Customer or the person/entity represented by the Customer is the Seller.
8.2. Personal data of the Customer or the person/entity represented by the Customer is processed for the following purposes:
– Executing the Sales Agreement, including providing Online Services, and also undertaking any actions towards concluding the Sales Agreement [Art.6 (1)(b) of GDPR], and if the person who is subject of personal data collecting is not the Customer but represents the Customer, then personal data of this person is collected for the purpose of conducting by the Seller their legitimate interests, i.e. executing the Sales Agreement between the person representing the Customer and the Seller, or undertaking any actions towards concluding the Sales Agreement [Art.6 (1)(f) of GDPR],
– reviewing a complaint related to the execution of the Sales Agreement [art. 6 (1) ( c) ( d) of GDPR],
– communicating with the Customer or the person/entity represented by the Customer within the scope of purposes referred to above, or conducting by the Seller their legitimate interests whose implementation is related to the necessity to contact the Customer or the person/entity represented by the Customer [Art.6 (1)(b) (f) of GDPR],
– conducting by the Seller its legitimate interests, including record (archiving) purposes, the protection against any potential claims or the entitlement to pursue potential claims, purposes of direct marketing of the Seller, and also for payment service [Art.6 (1)(f) of GDPR] – sending via e-mail information about promotions and new products appearing at the Seller, if the Customer or the person represented by the Customer expressed and granted consent [Art.6 (1)(a) of GDPR].
8.3. Additionally, the Seller may process personal data of the Customer for accounting and taxation purposes in compliance with applicable law.
8.4. Except in cases where providing personal data is an obligation arising from law, providing personal data is voluntary.
8.5. The following personal data of the Customer is formally required for the effective sumbission of the Enquiry: business name; Taxpayer Identification Number; e-mail address; contact telephone number. Failure to provide the personal data results in the inability to submit the Enquiry and receive the Offer by the Customer.
8.6. In order to issue an invoice by the Seller, the following personal data of the Customer is formally required as specified in art. 106e of the Law on tax on foods and services dated March 11, 2004: name and surname or business name, Tax Identification Number. Failure to provide personal data results in the inability to effective issue of the invoice.
8.7. The Seller outsources particular services to its service providers (hereinafter referred to as data recipients). Therefore, we may disclose personal data of the Customer to third parties (service providers) to fulfil contractual obligations within the scope of service. This applies to entities providing postal, courier, IT, hosting, legal or accounting services to the Seller. Also, data can be disclosed to entities providing payment service (including banking services).
8.8. Retention period of the storage of your personal data depends on the purpose of data processing. If personal data is processed in connection with the implementation of the Agreement, data will be retained only as long as it is needed for the duration of the Agreement with the Seller, as well as until the limitation period for potential claims under this Agreement shall expire, no longer than for 10 years, unless other reason for processing occurs.
8.9. Personal data may be retained for archiving purposes (including the obligation to tax assessment), but not longer than for 10 years, unless other reason for processing occurs. Law may oblige the Seller to retain personal data for a specified period of time, e.g. for accounting purposes.
8.10. Personal data processed in accordance to consent of the Customer shall be retained by the time of withdrawal of this consent, and after such withdrawal by the expiry of the limitation period for any potential claims.
8.11. The Customer or the person acting on behalf of the Customer has the right to require access to their personal data, to request their rectification, removal or restriction of processing as well as the right to transmit data to another administrator.
8.12. The Customer has the right to withdraw consent to their personal data processing at any time without impact to data processing activities that have taken place before such withdrawal.
8.13. Additionally, the Customer or the person acting on behalf of the Customer has the right to object that their personal data shall be subject to a processing pursuant to Art.6 (1)(f) of GDPR, i.e. data processing required for the purposes arising from pursuing Company’s legitimate interests.
8.14. The Customer or the person acting on behalf of the Customer has the right to object that their personal data shall be subject to a processing for the purpose of direct marketing.
8.15. The rights referred to above can be exercised by the Customer by submitting them at the address provided above or by e-mail:: firstname.lastname@example.org.
8.16. The Customer may lodge complaints before the competent supervisory data protection regulator.
9. FINAL PROVISIONS
9.1. Sales Agreements are concluded in Polish language.
9.2. In the event that any of the provisions of the GTCS is or becomes invalid or ineffective, it does not affect the validity or effectiveness of the remaining provisions of the GTCS. In this case, the Parties shall be obliged to replace ineffective or invalid provisions of the GTCS with provisions that in their content will best meet the intended purposes of the GTCS.
9.3. The Seller has the right to make changes to these General Terms and Conditions of Sale, however, the Buyer will be bound by those provisions that were in force at the time of placing the Order.
9.4. In matters not covered by these GTCS, the provisions of Civil Code shall Apple.
9.5. Provisions of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall not apply to the Sales Agreement.
9.6. All disputes arising in connection with the conclusion of the Sales Agreement between the Seller and the Buyer will be considered by the court competent for the seat of the Seller.
9.7. The GTCS enter into force for the Offers submitted from the date of June 01, 2018.
The GTS was drawn up in two language versions – Polish and English. In the event of any doubts as to the interpretation, the Polish language version of the GTS shall apply.