General Terms and Conditions of Sale
PPHU WOJCIECH GRALA
§ 1.
General provisions and scope of application
The General Terms and Conditions of Sale (hereinafter referred to as "GTS") are an integral part of the Contracts concluded
between Wojciech Grala, running his business under the name PPHU
Wojciech Grala, based in Wola Zaradzyńska (95 - 054 Ksawerów) at 4 Chmielna Street,
NIP: 7311005411, REGON: 471061985 (hereinafter: "Seller") and purchasers of the products they offer
products offered by them (hereinafter: "Client"), collectively referred to as "Parties" and determine the principles of
implementation of the Contracts.
(2) The GTS shall not apply in relations:
(a) with consumers as defined in Article 221.
Civil Code;
b) with natural persons entering into an Agreement directly related to their business activity
business, when it follows from the content of this Agreement that it does not have for this person a professional character
professional nature, resulting in particular from the subject matter of his/her
business activity, made available on the basis of the provisions of the Central
Register and Information on Economic Activity.
(3) The GTS shall be fully applicable to the performance of the Contracts, unless otherwise specified in the
Agreement concluded between the Vendor and the Customer in writing under pain of nullity
null and void.
(4) The Contract template used by the Customer shall apply only to the extent that the
Vendor has agreed to it in writing under pain of nullity. W
the rest of the scope, the GTS shall apply, while terms and conditions inconsistent with the following
provisions below are not binding on the Seller, even if they have not been explicitly negated by the Seller.
explicitly negated by him.
§ 2.
Conditions for conclusion of the Contract
(1) All price lists, advertisements, announcements, catalogs and other materials and information of the Seller,
addressed to the general public or individual persons constitute an invitation to conclude an Agreement and
are not an offer within the meaning of Article 66 of the Civil Code.
(2) The Seller reserves the right to make changes to the products offered.
Changes may be made at any time.
(3) Posting information about the product on the website or in price lists, advertisements,
advertisements, catalogs and other materials and information of the Seller is not
tantamount to the availability of the product at the Seller.
(4) Product specifications contained on the website or in price lists, advertisements,
advertisements, catalogs and other materials and information of the Seller are of
indicative nature only.
(5) Binding confirmation of technical data to the Customer by the Seller may be made in
written or documentary form, including by e-mail.
(6) Tacit acceptance of the Customer's offer by the Seller shall be excluded.
(7) The Contract shall be concluded only in the following forms:
(a) by the signing of the Contract document by the Parties;
b) by the Seller's confirmation of the Customer's order in written or
document, including by e-mail;
c) by execution of delivery by the Seller, in accordance with the order placed by the
Customer.
8 The contract includes all arrangements made between the Customer and the Seller
prior to its conclusion, including, in particular, in the course of prior negotiations.
(9) A necessary prerequisite for the execution of the Contract is the existence during its execution of the state of the Customer's
Customer's assets, allowing the Customer to fulfill its obligations under the content of the Contract.
the content of the Agreement.
(10) In the event that the Seller obtains a reasonable suspicion that the property condition of the
of the Customer's assets casts doubt on the Customer's ability to meet its obligations
arising from the Contract, the Seller may withhold delivery,
setting an appropriate time limit for the Customer to fulfill the performance of the Customer
at the same time as the release of the products to him, or for the Customer to establish an appropriate
security for the performance of obligations.
(11) Amendments to the Contract must be in writing under pain of nullity.
§ 3.
Price and payment terms
(1) The Seller reserves the right to change at any time the prices indicated in any
price lists, advertisements, announcements, catalogs and other information of the Seller.
(2) The prices indicated are gross prices.
(3) The customer agrees to receive invoices in electronic form, without signature
Vendor.
(4) The date of payment of amounts due under the Contract shall be determined unilaterally by the
Seller in the VAT invoice issued by him, unless the payment term
does not result directly from the content of the concluded Agreement.
(5) The term of payment of the amounts due as specified in the VAT invoice may not be longer than 30 days.
(6) The Seller reserves the right to require prepayment by the Customer.
(7) In the event of a delay by the Customer in payment of any amounts due
to the Seller, the Seller, in addition to other rights under the Agreement
and provisions of law, it shall have the right to:
(a) charge the Customer interest for delay in the amount of statutory interest for delay in
delay in commercial transactions;
b) demand compensation from the Customer for recovery costs in accordance with the
the contents of the Act of March 8, 2013 on the prevention of excessive delays in
commercial transactions;
(c) immediately suspend all its services to the Customer, including
deliveries under other Contracts and refusal to accept orders, until such time as
payment with interest is settled. All costs and risks associated with
withholding of product deliveries, such as storage and insurance costs
products shall be borne by the Customer.
§ 4.
Release of the product and the moment of transfer of risk
(1) The product shall be released in accordance with the Agreement, at the moment of entrusting it to the carrier or its
collection by the Customer.
(2) The method of shipping and packaging of the product shall be left to the judgment and experience of the
Seller.
(3) The danger of accidental loss or damage to the product shall be transferred to the Customer at the
moment the product is released.
§ 5.
Delivery term and conditions
(1) The term of performance of the Contract shall start from the date indicated in the Contract or from the date of
confirmation of the Customer's order by the Seller.
(2) The deadlines for the execution of the Contract are indicative and are set by the Seller or
by the Parties, taking into account all circumstances.
(3) The agreed term for the execution of the Agreement is binding only if it
it follows directly from the content of the Contract or the order confirmation.
(4) The running of the term of execution of the Contract shall be suspended:
(a) for the time the Parties make the necessary arrangements for the execution of the Agreement;
(b) for the time the Parties make the necessary arrangements and resolve problems
regarding technical issues;
c) until the Seller receives the agreed advance payment.
(5) If the deadline for the execution of the Contract has been set by a specific date, the suspension of the deadline,
referred to in the paragraph above shall result in the term of performance of the Agreement being
postponed by a period corresponding to the period of suspension of the Contract execution deadline.
Agreement.
(6) The running of the term of performance of the Contract shall be suspended, respectively, as a result of:
(a) force majeure against the Seller or its subcontractors;
(b) difficulties in supply that the Seller could not foresee;
(c) problems with electricity;
(d) difficulties in the supply of raw materials;
(e) disruptions in communications;
(f) decisions of public authorities.
(7) The term of performance of the Contract shall be met if within this term:
(a) the release of the product as defined in § 4 has occurred;
b) the Seller has notified the Customer that the product is ready for shipment, but the shipment
has not been realized for reasons that do not concern the Seller.
8. delivery of products may be made in batches.
§ 6.
Return of products
(1) The customer may return the delivered products only with the prior consent of the
Seller expressed in writing under pain of nullity. In the case of consent
to make a return, all costs associated with the return of the product shall be borne by the Customer.
(2) Return of products is allowed provided that the products are new,
never used and packed in their original packaging. Packaging
may not be damaged and may not contain markings applied by the Customer or
third parties.
§ 7.
Warranty
(1) The Seller shall be liable to the Customer for product defects under the terms of the warranty, with the
reservations described below. The Seller's liability under warranty going
further than specified in the following provisions is excluded.
(2) The Customer shall be obliged to pay the price for the products received also in the situation of
he raises claims under the warranty.
(3) The customer is obliged to examine the delivered products immediately upon receipt, but no later than
however, not later than within 3 days from the date of receipt. Within this period he is also obliged to
notify the Seller of any defects noticed. The notification to the Seller should
be made in writing or in documentary form.
(4) In the case of delivery of products via a carrier, The customer is required to
to examine the packaging and products to verify that they do not have
damage caused during transportation. If the packaging or products have
damage, the customer has the right to refuse to accept the shipment, writing down with the representative of the
carrier's representative a damage report, including a description of the damage, date and signature of the carrier's representative.
carrier. Examination of the shipment upon receipt is a necessary condition for raising
possible claims of the Customer for damage or loss of the consignment in transit.
(5) The Customer is obliged to immediately notify the Seller of the discovery of hidden defects
hidden defects of the product, but no later than within 2 days of their discovery.
Notification to the Seller should be made in writing.
(6) If the Customer does not notify the Seller of the discovery of defects within the time limits indicated in the paragraphs above
above, he shall lose his rights under the warranty.
(7) The Seller shall not be liable under the warranty if the defect is discovered after the
1 year from the date of receipt of the product.
(8) The Customer's ability to raise claims under the warranty shall be excluded in the following cases
the occurrence of insignificant differences between the delivered product and the description of the
of the product in the Contract or an insignificant limitation in the suitability, condition or quality of the product
related to the improvement of the product.
(9) The Seller shall not be liable for product defects caused by the actions of third parties or the
effects of chemical agents. The Seller shall also not be liable for defects
product caused by arbitrary repairs or changes to the products made
by the Customer or third parties.
(10) If the Customer's claims under the warranty prove to be valid, the Seller may deliver a
a new product in place of the defective one, or return to the Customer the price paid for the product,
taking ownership of the defective product. The choice of the method of realization of a legitimate
claim shall be made by the Seller.
(11) The cost of replacing the product shall be borne by the Seller, except that:
(a) the Seller shall only bear the cost of delivering the new product to the place of delivery of the
originally delivered product;
(b) The Seller shall not bear additional costs associated with the replacement of the product, such as.
such as: transportation of defective, repaired or new products, disposal of
waste, travel and travel time.
(12) If the Customer's claims under the warranty prove to be unfounded, the Seller may claim
Customer to reimburse all costs incurred by the Seller related to
related to processing the Customer's claims.
§ 8.
Warranty
(1) The Seller shall provide the Customer with a warranty for the delivered goods. The seller guarantees that
delivered goods meet the requirements in terms of quality of workmanship and materials used
and operation in accordance with their intended use.
(2) The warranty period for the products offered by the Seller is calculated from the delivery to the
Customer and is 12 months.
(3) The warranty is valid in the territory of the Republic of Poland.
(4) The Seller's liability under the warranty shall cover only defects arising from
reasons inherent in the products.
(5) The warranty does not cover, in particular:
(a) mechanical damage to the surface or components of the products;
b) damage resulting from use of the products contrary to their intended use;
c) damage to the products resulting from interference with the products;
d) damage to products resulting from storage of products
in improper conditions;
e) damage to product components resulting from wear and tear in the course of
normal operation.
(6) The customer is obliged to check whether the product defect is covered by the warranty
before making a warranty claim.
(7) Warranty application may be made as follows:
(a) in the form of a claim made in writing;
b) in the form of an electronic message sent to the e-mail address
zamowienia@grala.com.pl;
c) in the form of a claim notification via the contact form provided on the
website: https://www.grala.com.pl/kontakt/;
(8) A warranty claim should contain the following data:
(a) Customer's data (first and last name, Customer's address, contact telephone number and Customer's e-mail address);
b) the date of the complaint;
c) code and name and quantity of the advertised product;
d) the number of the proof of purchase (VAT invoice, WZ document);
e) description of the damage and photos of the damage;
f) description of the circumstances under which the damage occurred.
(9) The claim should be made immediately after the discovery of the defect, not
later than within 2 days from that date. Failure to comply with the indicated deadlines will result in
loss of rights under the warranty by the Customer.
(10) In the event of the existence of a defect arising from causes inherent in the product,
Seller undertakes to perform, at its discretion, one of the following
services:
(a) replacement of the product with a new one, free of defects;
b) replacement of the product with a similar product;
c) refund of the price paid for the product.
(11) The seller undertakes to respond to the accepted complaint notification
complaint within 14 days from the date of its acceptance.
(12) The Seller, in the case of a legitimate complaint, undertakes to efficiently and quickly
remove the defect by replacing the product with a new one free of defects, within 14 days from the
date of acceptance of the advertised product. In the event that the advertised product is not
is not in stock at the Seller's warehouse, the deadline for replacing the product will be within
60 days.
(13) If the Seller does not have an identical product to the product
subject to the complaint, the product may, at the option of the Client, be exchanged
with a similar product (similar in style and functionality and price to the advertised product) from the current offer of the Seller.
product) from the Seller's current offer or a refund of the price paid for the product.
(14) In the case of choice of the service in the form of return of the paid price for the product, the return
will be made by transfer to the bank account indicated by the Customer.
15. the exchanged product or exchanged components of the product shall become the property of the
Seller.
(16) If the complaint proves to be unfounded, the Seller may demand from the complainant
complaint to reimburse all costs incurred by the Seller related to
processing of claims under the warranty.
(17) The warranty does not exclude, limit or suspend the rights of the Customer granted by the
legislature, resulting from applicable laws.
§ 9.
Scope of Seller's liability
(1) In connection with the performance of the Contract, the Seller shall be liable only to the extent of losses
caused intentionally or through gross negligence. Further liability
Seller is excluded, unless the Seller assumes additional contractual
warranty liability in writing.
(2) The Seller's liability for damage caused to the Customer is limited to the value of the
Contract, the non-performance or improper performance of which caused the damage,
regardless of the legal basis for the Seller's liability.
(3) The Seller shall not be liable for the Customer's lost benefits.
§ 10.
Final provisions
These GTS and the Contract are governed by Polish law. In the scope not regulated by
GTS or Contracts, the provisions of the Civil Code shall apply.
(2) Disputes arising from the Contract shall be subject to the jurisdiction of the Polish courts. The competent
to recognize disputes is the common court with local jurisdiction according to the seat of the Seller.
Seller.
The application of the United Nations Convention on the International Sale of Goods of 11.04.1980.
11.04.1980 shall be excluded.
(4) The invalidity of any provisions of the GTS shall not affect the validity of the remaining provisions.
provisions. The remaining provisions of the GTS shall be interpreted in such a way as to
the fullest possible extent to achieve the purpose of the provision of GTS, which turned out to be invalid.