Terms and conditions of online store www.beskidplus.com
- GENERAL INFORMATION
1.1 The online store that can be accessed via the website www.beskidplus.com is managed by the company: PRZEDSIĘBIORSTWO HANDLOWO USŁUGOWE "BESKID PLUS" ROMAN TYRNA, JANUSZ CYBUCH, BARTOSZ TYRNA SPÓŁKA JAWNA, with registered office at ul. Towarowa 3, 43-400 Cieszyn, Polska, registered in the Commercial Register of the National Court Register under number KRS 0000101002; NIP (Tax ID): 5482075995; REGON (National Business Registry Number): 70919527; e-mail address: email@example.com, hereinafter referred to as the Seller.
1.2 The intended addressees of these Terms and Conditions, as well as of the online store website in English and German, are institutions and business operators from countries other than Poland, hereinafter referred to as the Clients. These Terms and Conditions as well as the function of placing orders in the online store do not regard individual consumers.
- TERMS AND CONDITIONS FOR CONCLUSION OF THE SALES AGREEMENT
2.1 Pursuant to Art. 71 of the Polish Civil Code, the information about the products presented in the online store www.beskidplus.com constitutes an invitation to enter into an agreement.
2.2 The prices of the products on the English and German versions of the online store www.beskidplus.com are provided in the Euro. The “gross price” includes VAT tax of 23%.
2.3 The prices of the products do not include transport costs of the goods to the Client. Transport costs, any additional costs and customs duties shall be incurred by the Client.
2.4 The procedure of entering into a sales agreement via the online store:
2.4.1 The conclusion of the sales agreement between the Seller and the Client takes place after the Client has placed an order by means of the order form.
2.4.2 After an order has been placed for standard products, the Seller shall confirm its receipt by email no later than within 2 business days and at the same time shall approve it for completion. An email notification confirming the order includes: a confirmation of the type and quantity of ordered items, expected time of order completion, manner of delivery, delivery costs and method of payment. Upon receipt of such an email notification by the Clients a sales agreement between the Client and the Seller is concluded. The lack of such an email notification means that no agreement has been concluded and no order is being completed.
2.4.3 If the Client makes an enquiry about non-standard products requiring individual pricing (special formats, Omni-Box products) as part of their order, they shall receive a price quotation for these products within 2 business days.
2.4.4 The order shall be completed on the condition that the goods are available on stock or at the store’s suppliers’. In the event of lack of some of the goods included in the Client’s order, the Client shall be notified about the status of the order, and they shall make a decision regarding the manner of order completion (partial completion, extending completion time, cancellation of the entire order).
2.5 The Seller shall, at its reasonable discretion, reserve the right to refuse to complete the order, e.g. if concerns arise regarding the Client’s solvency or if the order is not complete. The Seller shall also be entitled to a withdrawal from the agreement that has been concluded between the Seller and the Client within 14 calendar days of its conclusion. In such case, the withdrawal from the agreement may be carried out without stating any reasons and the Client shall not be entitled to raise any claims against the Seller.
- TERMS AND METHODS OF PAYMENT
3.1 The Seller accepts the following methods of payment:
3.1.1 - for the Clients from the public sector and business operators who are regular clients of PHU Beskid PLUS – a bank transfer within 14 calendar days of the issuance of an invoice or within a time period agreed on individually;
3.1.2 - for other Clients – prepayment by bank transfer to the Seller’s bank account within 7 calendar days of the date the sales agreement is concluded (the order can only begin being completed when the payment has been booked on the Seller’s account).
3.2 The Client shall be informed about the available methods of payment in an e-mail notification confirming the acceptance of the order.
3.3 The Seller shall reserve the right to limit the available methods of payment, including the requirement that the Client make a prepayment in total or in part, regardless of the method of payment selected by the Client as well as of the fact that a sales agreement has been concluded.
- TERMS OF DELIVERY
4.1 The ordered products shall be delivered in two manners, depending on their weight and dimensions: by means of a courier company (in the case of packages of up to 30 kg) and on pallets.
4.2 Delivery costs shall be covered by the Client, unless otherwise decided through individual arrangements. The precise amount of delivery fee is dependent on the weight and dimensions of the products ordered as well as on the location to which the order is to be delivered. For this reason, the costs of transport shall be calculated for each order individually by the Seller, the information of which shall be included in the e-mail notification confirming the acceptance of the order. Minimum cost of shipment outside Poland is EUR 20 (net) in the case of 1 package of up to 30 kg weight and EUR 60 (net) in the case of a pallet (120x80x210cm).
4.3 Delivery times shall be agreed on individually, depending on the type of products ordered, and included in the e-mail confirming the order.
4.4 Upon handing over of the ordered products by the Seller to the carrier, all benefits and burdens related to the Product as well as the risk of accidental loss or damage to the Product shall be transferred to the Client. Should such an event occur, the Seller shall not be liable for the loss, partial loss or damage to the Product that have arisen from the moment of acceptance of the Product for transport to its handing over to the Client, nor shall the Seller be liable for a delay in the delivery of the goods.
- PRODUCT SAMPLES
5.1 The Seller shall make it possible for the Client to order samples of archival storage products free of charge. To order such samples, the Client shall tick the “Sample” field in the product table. This function is only offered for selected products, in which case the “Sample” field is active. This offer is only available for institutional Clients.
5.1.1 In the case of standard-format products, the Client can order up to 5 samples of various products free of charge.
5.1.2 In the case of products made in special formats, the Client can order 1 product sample free of charge. The Seller shall reserve the right to send a sample which allows to assess the construction, functionality and quality of a given storage product, but of dimensions other than the ones provided by the Client.
5.2 Each Client can use the possibility to order free product samples only once.
5.3 If the Client orders only samples, delivery costs thereof shall be covered by the Seller.
5.4 The Seller shall reserve the right to refuse to send free samples to the Client without stating any reasons, in which case the Client shall be informed about the refusal by e-mail.
- COMPLAINTS POLICY
6.1 The Client is obliged to check the state of the delivered goods upon takeover of the goods from the courier. Any complaints regarding damages sustained in transport shall only be examined on the basis of a written damage / discrepancy report regarding the contents of the delivery, made upon takeover of the goods in the presence of, and confirmed by, the courier. Complaints regarding damages sustained in transport should be submitted to the seller within 24 hours of receipt of the delivery.
6.2 Quantity-related complaints should be submitted within 3 days of receipt of the delivery at the latest.
6.3 Quality-related complaints should be submitted as soon as a defect has been noticed, however no later than within 2 years of the completion of the order.
6.4 Complaints should be filed by e-mail to firstname.lastname@example.org. A complaint should include: the Client’s details, date of the agreement conclusion which constitutes the grounds for the complaint, subject matter of the complaint including a description and/or a photo of the defect. The Seller shall respond to the Client’s complaint within 14 days and notify the Client by e-mail of the manner the complaint shall be settled. The Client shall then receive detailed information regarding further actions related to the damaged product.
6.5 The Client shall lose any entitlements regarding discrepancies between the delivered goods and the agreement unless they inspect the goods in the time and manner typically applied in such cases and unless they notify the Seller of the defect immediately, i.e. within 3 days of receipt of the goods, or immediately after finding the defect when the defect has been discovered later.
6.6 Complaints shall not be settled for products which have been in any way altered by the Client.
6.7 The Seller’s liability towards the Client, regardless of its legal grounds, shall be limited – as both a single claim and all claims in total – to the total amount paid for the products, including the delivery costs. The Seller shall only be liable towards the Client for typical damages which are predictable at the moment of entering into the agreement. The Seller shall not be liable towards the client for lost benefits.
- PERSONAL DATA PROTECTION
7.1 The controller of personal data provided in the process of placing an order is the Seller.
7.3 Providing personal data is voluntary but at the same necessary for the purpose of entering into the sales agreement and completion of the order.
7.4 Every person whose personal data has been processed by the Seller has the right to access, update and amend their personal data, as well as the right to demand that their personal data be removed from the database. To exercise these rights, the Client can contact the Seller via the following e-mail address: email@example.com
- ADDITIONAL PROVISIONS
8.1 The name of the store as well as the related graphic concept, logotypes, photos, trade names, product descriptions, other content and software are subject to legal protection.
8.2 The Client has an obligation to use the online store in a manner that is compliant with the law and good practices and to respect the personal rights, copyrights and intellectual property of the Seller and third parties. The Client is obliged to provide accurate and factually correct personal data.
8.3 The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation.
8.4 The Seller reserves the right to make amendments to these Terms and Conditions. No amendments made to Terms and Conditions shall infringe upon the rights acquired by the Client before the effective date of the amendments.
8.5 Any disputes between the Seller and the Client shall be submitted to a Polish court competent for the registered office of the Seller.
8.6 Any matters not covered by these Terms and Conditions shall be governed by the binding provisions of the Polish law, particularly Polish Civil Code, the Act of 18 July 2002 on provision of services by electronic means and other relevant provisions of the applicable law.