1.1 These General Terms of Order are an inherent part to the contract concluded, in particular, as a result of order submitted by the Client in this form and its acceptance by the Seller.
1.2 In these General Terms of Order the words and phrases will have the same meaning which accordingly are assigned to them below:
- General Terms of Order – means this document of General Terms of Order.;
- Contract performance deadline – date of readiness of the Seller, indicated in the order form, to give the ordered Product in the seat of the Seller;
- Seller – means Dobry Stolarz Gąska Spółka Jawna based in Malinie 283A, 39-331 Chorzelów, registered by the District Court in Rzeszów, 12th Commercial Department of the National Court Register under KRS no.: 0000348774; Tax Identification No.: 817-18-15-865; National Official Business Register REGON: 830460905;
- Product – means goods of Mia Calnea line manufactured by the Seller covered by the contract concluded as provided in item 1.1. above.
- Client – means, as indicated in item 1 of the order form: natural person, legal person or an organisational unit not having legal personality, purchasing the Product within conducted business operation;
Carrier – entity performing delivery of the Product to the place indicated by the Client.
2.1. Performance of the contract takes place within time indicated in the contract, on the terms specified in these General Terms of Order, unless the Seller and the Client have agreed terms of the contract in a different manner. The place of contract performance is the registered office of the Seller.
2.2. Sale is deemed completed at the time of acceptance of the Seller.
2.3. The Seller is not responsible for delays in performance of the contract, resulting from reasons beyond their control, in particular caused by: delay in delivery of materials necessary for making the Product, pauses in power supply, force majeure, in particular flood, strikes.
2.4. The Seller does not Bear responsibility for delivery time of the Carrier.
3.1. In the case of ordering a Product by the Client normally offered by the Seller, the Seller provides the Product with usually offered parameters, of average quality, unless the Seller and the Client have agreed on other parameters of the Product (e.g. colour, dimensions, material, performance technique).
3.2. In the case of no different objections, the Seller has all author’s personal rights and copyright on all In the case of no different objections, the Seller has all author's personal rights and copyright on all fields of exploitation. In particular, the Client is not entitled to multiply the Product in parts or entirely. In the case of no different objections, the Seller has all author's personal all fields of exploitation. In particular, the Client is not entitled to multiply the Product in parts or entirely.
3.3. In the event of breaching copyright (proprietary and personal) the Seller will be authorized, among others, to claim due compensation.
4.1. Payment of the contractual price for performance of the contract is made through bank transfer to the bank account number stated by the Seller in the invoice. Total costs of bank transfer are borne by the Client.
4.2. Date of payment is the date of crediting the bank account of the Seller.
4.3. The Seller reserves the right to ownership of the Product until receiving full payment of the contractual price.
4.4. Before full payment of the contractual price for the Product the Client is not entitled, without a written consent of the Seller, the right to perform the activities obliging and/or disposing the Product in a manner that could cause load on ownership of the Product attributable to the Seller.
4.5. The contractual price does not include customs fees, insurance.
5.1. Receipt of the Product by the Client takes place in the seat of the Seller, via Carrier, after making full payment of the contractual price to the Seller.
5.2. Unless the parties decide otherwise, the Client organizes transport of the Products on their own, informing the Seller about data identifying the Carrier.
5.3. The Client bears costs of delivery, including costs of packaging, sending and delivery of the Product to the place indicated by the Client.
5.4. Confirmation of receipt of the Product and the term for performance of the contract is a document of issuing the Product by the Seller to the Carrier.
5.5. Any risk connected to transportation, including the risk of accidental loss or damage of the Product passes to the Client upon issuing the Product to the Carrier in the Seller's seat.
5.6. Delay in receiving the Product entitles the Seller to charge the Client with a contractual penalty fee in the amount of 1.5 % of total contractual price gross per each day of delay in taking the Product.
5.7. In the event of any delays of the Client in receiving the Product, exceeding 30 days, counting from the date fixed as the term of collection, the Seller is entitled to terminate the contract or its part and to request payment of a contractual penalty fee in the amount being equivalent to 20% of gross contractual price.
6.1 The Client is obliged to check the condition of the parcel with Product directly after its receipt. Within 5 days from confirmation of the Product delivery by the Carrier the Client may report quantity or quality defects of the Product. After this time it is presumed that the contract was performed correctly on the part of the Seller.
6.2. The Client is authorized under the warranty for physical defects of the Product, to demand replacement of the Product with a new one or removal of the defect of the Product.
6.3 .The Client is obliged in such a case, to notify the Seller about the defect in writing, within one week from the date of noticing defects and no later than within one year from the date of receipt of the product from the Seller.
6.4. The Client bears costs of delivery of a defective Product to the Seller and the costs of return delivery to the Client of a new or repaired Product under warranty.
6.5. Warranty for physical defects of the Product does not cover defects:
- resulting from improper use, storage or maintenance;
- resulting from arbitrary changes, reworks, repairs, purposeful or unintentional actions or omissions of the Client:
- resulting from damages caused by external factors;
- arising a result of natural wear consistent with the properties and intended use of the Products;
- created during transport.
7.1. Compensation for damages resulting from default to perform or improper performance by the parties of obligations is limited only to losses constituting a normal result of such default or improper performance of an obligation and whose occurrence could have been foreseen at the time of entering the contract.
7.2. The Seller does not bear in any case liability for any damages arising from withholding production, loss of profit or indirect losses of the Client as well as liability for Personal injuries or property caused by the delivered Product that occurred after issuing the Product by the Seller.
7.3. The total amount of compensation due to either party for damages incurred under default or improper performance of obligations by the other party is restricted maximum up to the equivalent of the contractual price for making the Product.
7.4. The above provisions in items 7.1.-7.3 do not apply to claims listed in items 3.2.-3.3. of General Terms of Order.
8.1. In the case of further reselling, export or similar use of the Product, the Client undertakes to obtain the required permits, seals of approval, certifications of approval and certificates, resulting from the binding legal regulations.
8.2. The Client is obliged to immediately notify the Seller about changes in their address, telephone number or the person appointed to contact the Seller. The Seller does not bear responsibility for effect caused by abandonment of this obligation.
8.3. The document of the order form and the content of General Terms of Order should be treated as mutually supplementing. If the provisions contained in the order form have priority over those contained in General Terms of Order.
8.4. Any disputes will be resolved by a common court competent for the place of the registered office of the Seller, according to binding legal regulations of the Polish law.
8.5. This text of General Terms of Order, drawn up in the Polish language, is binding for the Parties and constitutes an exclusive basis for settlement of any possible disputes or interpretations of the provisions of General Terms of Order.
8.6. If any provisions of General Terms of Order are or will become ineffective, invalid or there is a change in the binding law affecting their content, the General Terms of Order will remain valid in the remaining part. In this case the parties undertake to replace the invalid or ineffective provisions with provisions most similar to the invalid or ineffective provision.
1.2 In these General Terms of Order the words and phrases will have the same meaning which accordingly are assigned to them below:
- General Terms of Order – means this document of General Terms of Order.;
- Contract performance deadline – date of readiness of the Seller, indicated in the order form, to give the ordered Product in the seat of the Seller;
- Seller – means Dobry Stolarz Gąska Spółka Jawna based in Malinie 283A, 39-331 Chorzelów, registered by the District Court in Rzeszów, 12th Commercial Department of the National Court Register under KRS no.: 0000348774; Tax Identification No.: 817-18-15-865; National Official Business Register REGON: 830460905;
- Product – means goods of Mia Calnea line manufactured by the Seller covered by the contract concluded as provided in item 1.1. above.
- Client – means, as indicated in item 1 of the order form: natural person, legal person or an organisational unit not having legal personality, purchasing the Product within conducted business operation;
Carrier – entity performing delivery of the Product to the place indicated by the Client.
2.1. Performance of the contract takes place within time indicated in the contract, on the terms specified in these General Terms of Order, unless the Seller and the Client have agreed terms of the contract in a different manner. The place of contract performance is the registered office of the Seller.
2.2. Sale is deemed completed at the time of acceptance of the Seller.
2.3. The Seller is not responsible for delays in performance of the contract, resulting from reasons beyond their control, in particular caused by: delay in delivery of materials necessary for making the Product, pauses in power supply, force majeure, in particular flood, strikes.
2.4. The Seller does not Bear responsibility for delivery time of the Carrier.
3.1. In the case of ordering a Product by the Client normally offered by the Seller, the Seller provides the Product with usually offered parameters, of average quality, unless the Seller and the Client have agreed on other parameters of the Product (e.g. colour, dimensions, material, performance technique).
3.2. In the case of no different objections, the Seller has all author’s personal rights and copyright on all In the case of no different objections, the Seller has all author's personal rights and copyright on all fields of exploitation. In particular, the Client is not entitled to multiply the Product in parts or entirely. In the case of no different objections, the Seller has all author's personal all fields of exploitation. In particular, the Client is not entitled to multiply the Product in parts or entirely.
3.3. In the event of breaching copyright (proprietary and personal) the Seller will be authorized, among others, to claim due compensation.
4.1. Payment of the contractual price for performance of the contract is made through bank transfer to the bank account number stated by the Seller in the invoice. Total costs of bank transfer are borne by the Client.
4.2. Date of payment is the date of crediting the bank account of the Seller.
4.3. The Seller reserves the right to ownership of the Product until receiving full payment of the contractual price.
4.4. Before full payment of the contractual price for the Product the Client is not entitled, without a written consent of the Seller, the right to perform the activities obliging and/or disposing the Product in a manner that could cause load on ownership of the Product attributable to the Seller.
4.5. The contractual price does not include customs fees, insurance.
5.1. Receipt of the Product by the Client takes place in the seat of the Seller, via Carrier, after making full payment of the contractual price to the Seller.
5.2. Unless the parties decide otherwise, the Client organizes transport of the Products on their own, informing the Seller about data identifying the Carrier.
5.3. The Client bears costs of delivery, including costs of packaging, sending and delivery of the Product to the place indicated by the Client.
5.4. Confirmation of receipt of the Product and the term for performance of the contract is a document of issuing the Product by the Seller to the Carrier.
5.5. Any risk connected to transportation, including the risk of accidental loss or damage of the Product passes to the Client upon issuing the Product to the Carrier in the Seller's seat.
5.6. Delay in receiving the Product entitles the Seller to charge the Client with a contractual penalty fee in the amount of 1.5 % of total contractual price gross per each day of delay in taking the Product.
5.7. In the event of any delays of the Client in receiving the Product, exceeding 30 days, counting from the date fixed as the term of collection, the Seller is entitled to terminate the contract or its part and to request payment of a contractual penalty fee in the amount being equivalent to 20% of gross contractual price.
6.1 The Client is obliged to check the condition of the parcel with Product directly after its receipt. Within 5 days from confirmation of the Product delivery by the Carrier the Client may report quantity or quality defects of the Product. After this time it is presumed that the contract was performed correctly on the part of the Seller.
6.2. The Client is authorized under the warranty for physical defects of the Product, to demand replacement of the Product with a new one or removal of the defect of the Product.
6.3 .The Client is obliged in such a case, to notify the Seller about the defect in writing, within one week from the date of noticing defects and no later than within one year from the date of receipt of the product from the Seller.
6.4. The Client bears costs of delivery of a defective Product to the Seller and the costs of return delivery to the Client of a new or repaired Product under warranty.
6.5. Warranty for physical defects of the Product does not cover defects:
- resulting from improper use, storage or maintenance;
- resulting from arbitrary changes, reworks, repairs, purposeful or unintentional actions or omissions of the Client:
- resulting from damages caused by external factors;
- arising a result of natural wear consistent with the properties and intended use of the Products;
- created during transport.
7.1. Compensation for damages resulting from default to perform or improper performance by the parties of obligations is limited only to losses constituting a normal result of such default or improper performance of an obligation and whose occurrence could have been foreseen at the time of entering the contract.
7.2. The Seller does not bear in any case liability for any damages arising from withholding production, loss of profit or indirect losses of the Client as well as liability for Personal injuries or property caused by the delivered Product that occurred after issuing the Product by the Seller.
7.3. The total amount of compensation due to either party for damages incurred under default or improper performance of obligations by the other party is restricted maximum up to the equivalent of the contractual price for making the Product.
7.4. The above provisions in items 7.1.-7.3 do not apply to claims listed in items 3.2.-3.3. of General Terms of Order.
8.1. In the case of further reselling, export or similar use of the Product, the Client undertakes to obtain the required permits, seals of approval, certifications of approval and certificates, resulting from the binding legal regulations.
8.2. The Client is obliged to immediately notify the Seller about changes in their address, telephone number or the person appointed to contact the Seller. The Seller does not bear responsibility for effect caused by abandonment of this obligation.
8.3. The document of the order form and the content of General Terms of Order should be treated as mutually supplementing. If the provisions contained in the order form have priority over those contained in General Terms of Order.
8.4. Any disputes will be resolved by a common court competent for the place of the registered office of the Seller, according to binding legal regulations of the Polish law.
8.5. This text of General Terms of Order, drawn up in the Polish language, is binding for the Parties and constitutes an exclusive basis for settlement of any possible disputes or interpretations of the provisions of General Terms of Order.
8.6. If any provisions of General Terms of Order are or will become ineffective, invalid or there is a change in the binding law affecting their content, the General Terms of Order will remain valid in the remaining part. In this case the parties undertake to replace the invalid or ineffective provisions with provisions most similar to the invalid or ineffective provision.