home page   about us   contact us  
   

Zawartość tej strony wymaga nowszej wersji programu Adobe Flash Player.

Pobierz odtwarzacz Adobe Flash

 
   
General Terms
  General Terms  
   
   
   
   
   
   
   
 
   
   
   
 
 

General terms of sale and delivery

§1

General provisions


  1. The general terms of sale and delivery are governed by agreements concluded between the natural persons, the legal persons and the organizational units without legal personality and Bristles Joanna Szostek having its seat in Warsaw.

  2. The definitions used in the following clauses should be understood as follows:
  • a) General Terms - general terms of sale and delivery of Bristles Joanna Szostek having its seat in Warsaw,
  • b) Supplier - Bristles Joanna Szostek having its seat in Warsaw,
  • Orderer - natural person, legal person or unit without legal personality,
  • Goods - object of definite grade sold by the Supplier on the basis of an order submitted by the Orderer,
  • Confirmation of Order Terms - written confirmation of the terms of sale or delivery issued by the Supplier, it can also be a fax or an e-mail,
  • Carrier - natural person, legal person or unit without legal personality, running economic activity in the scope of goods transport and forwarding,
  • Order - written order for goods submitted by the Orderer, signed by a person authorized by the consignee, it can also be a fax or an e-mail,
  1. The legal relations between the Supplier and the Orderers are subject to these General Terms only. The agreements deviating from these General Terms, especially otherwise running terms of the Orderer, are effective only if clearly confirmed in writing by us. It concerns also and especially the cases where the otherwise running terms are attached to the Order or are mentioned in it. If these General Terms do not contain special provisions, the statutory regulations are in force.

  2. The Supplier reserves the property right to any advertisement and trade material, sample, project, visualization, etc. transferred to the Orderer. The Orderer cannot make them available to the third persons.


§2

Offer


1. The Supplier's Offers, if not explicitly stated as binding, are invalid. The binding offers are subject to the orderer's acceptance within the period of time specified in the offer.

2. The price lists and other general price information, as well as the advertisement and trade materials of the Supplier are not binding and are not any offer in the understanding of provisions of the civil code.

§3

Submitting the Orders


1. As soon as the Orderer submits an Order, the Supplier will send the Order Confirmation to the Orderer, where he specifies the terms of realization of his Order (especially price, payment conditions, delivery time and base).

2. The failure to answer for the Order does not mean the acceptance of its terms by the Supplier.

3. The Order Confirmation constitutes the binding Supplier's offer. If no other provision specified in the Order Confirmation, the Supplier's offer loses its validity after 3 days from its receipt by the Orderer. Raising reservations to the content of the Order Confirmation by the Orderer is treated as making new Order and at the same time as non-acceptance of the original Supplier's offer (Order Confirmation).

4. As soon as the written acceptance of the Order Confirmation is delivered by the Orderer to the Supplier, the agreement between the Supplier and the Orderer is considered as concluded. The acceptance can be also done by fax or e-mail.


§4

Execution of Order


1. Unless otherwise determined, if the Goods should be delivered by the Carrier appointed by the Supplier, then the time of fulfilment of the agreement will be the date on which the Supplier ordered at the forwarding agent the delivery of Goods to the Orderer.

2. The Supplier reserves that he is not resposible for any improper, late delivery of goods by the Carrier.

3. If the Goods are personally accepted at the seat of the Supplier, the time of fulfilment of the agreement will be the date on which the Supplier informed the Orderer that the Goods are ready to be given. The above mentioned procedure is also used when the Goods are taken by the Carrier appointed by the Orderer.

4. If it is not clearly determined that the Goods will be delivered at expense and risk of the Supplier to the place indicated by the Orderer, the hazard of accidental loss or damage of the subject of delivery proceeds to the Orderer when the Goods are given to the person responsible for their transport or when the Goods leave the Supplier's seat to be shipped, irrespective of the transport to be done by the transport facilities of the Supplier or the Carrier and irrespective of the transport costs to be covered by the Supplier.

  1. In case the Orderer is late with acceptance of the Goods at the Supplier's seat, the hazard of accidental loss or damage of the subject of delivery takes place as soon as the Goods are ready for acceptance.

  2. In case the Goods are accepted personally or by intermediation of the Carrier appointed by the Orderer - the person(s) representing the Orderer or the Carrier are obliged to submit the document entitling to accept the Goods (e.g. power of attorney, order agreement, etc.). For lack of such document, the Supplier can refuse to give the Goods.


§5

Advance payment


1. Unless otherwise agreed, the Supplier can proceed with execution of the Order after the Orderer makes the advance payment amounting to 20% of the value of ordered Goods.

2. If the advance payment is delayed, the fixed terms of the execution of Order are prolonged by delayed period.


§6

Price


1. Unless otherwise agreed, all prices are quoted in PLN, USD, EUR. These are net prices and they do not include the packing and transport costs.

2. The settlement of remuneration due to the Supplier will be made on the basis of VAT invoices.

3. The price is paid without any deduction (bank fees, etc.) within 14 days from the invoice issue date, unless otherwise agreed.

4. Hereby the Orderer entitles the Supplier to issue due invoices without his signature.

5. As the payment date, the date of receipt of the dues on the bank account of the Supplier is considered.

6. The breach of fixed payment terms by the Orderer causes his obligation to pay the statutory interest as per legal regulations in force, unless otherwise agreed.

  1. The Supplier reserves the right to change the fixed price due to extraordinary circumstances beyond his control.The Supplier will notify the Orderer of it. The new price has to be accepted by the Orderer, otherwise the agreement is considered as cancelled.

  2. The discounts and deductions granted by the Supplier require separate negotiations.


§7

Warranty scope


1. The Orderer is obliged to examine the Goods for their quantity and quality at their acceptance, especially when delivery is organized by the Carrier.

2. Any damage or defect of the Goods stated by the Orderer should be confirmed by the corresponding damage report.

3. The notification of any defect of the Goods and the non-conformance of delivery with agreement terms is considered as carried out if the Orderer notifies the Supplier by fax on acceptance day and next in writing within 2 days from the date of acceptance of Goods. This notification should first of all include the defect description, the presumable cause of its occurrence, contact data with entitled person and address. The Orderer should enclose the damage report and the evidence confirming the occurrence of defect with the notofication.

4. The Orderer will enable to the Supplier taking part in determination of defects by damage report within 7 days from the date of written claim. On request of the Supplier, the Orderer is obliged to send additional documents, photos, etc. that confirm the occurrence of defects on the Goods.

5. If the Orderer does not make the notification mentioned in clause 3 in due time, he will lose his rights resulting from the warranty for defects on the Goods.

6. The Orderer can send back the defective Goods at the Supplier's expense after written acceptance of return by the Supplier.

7. The Supplier does not bear any responsibility for damages that occurred due to improper use or assembly of the Goods by the Orderer.

8. In case of damage detection, the Supplier commits himself to replace the defective goods with defect-free goods or to remove the defect. In such cases, the replacement of goods should take place soonest possible, if only the defect-free goods are available in the Supplier's stores. Otherwise the replacement will be carried out within 3 months from the date of defect declaration. If the defect-free goods are not delivered in the above mentioned periods, the Orderer has the right to withdraw from the agreement.

  1. In case of short delivery of goods (weight differences, differences in pieces, etc.) the Supplier commits himself to deliver missing quantities on principles described in clause 8.

  2. The weight differences of all hygroscopic goods (e.g. animal and plant fibres) amounting to +/- 5% do not constitute any defect and are not subject to any claim.

  3. The Supplier could refuse the defect removal if it would require excessive charges.

  4. Raising a complaint does not entitle the Orderer to withhold the payments for executed deliveries.

  5. The Supplier does not bear any resposibility for the goods used in a way inconsistent with their destination and features, being subject to damages resulting from executive, production and design errors of the third persons and from non-observance of recommendations and instructions of the manufacturer.

  6. In case of replacement of defective goods with the defect-free ones, the Orderer is obliged to return the goods being the object of a complaint and after this complaint has been accepted by the Supplier. The Supplier can accept the returned goods only if the goods are not processed.

  7. If the goods are packed in the factory, they have to be in originalpackages free from damage.

  8. The resposibility of the Supplier for non-execution or misexecution of the agreement is excluded if it happened in effect of the force majeure, the strikes or other circumstances beyond the Supplier's control.


§8

Guarantee


1. The Supplier has to clearly quarantee in written the quality of the Goods. The terms of such guarantee are determined by separate document.

2. The base of claims within the quarantee and the warranty cannot be the Goods data included in catalogues, leaflets and other advertisement materials of the Supplier.


§9

Withdrawing right


1. Upon acceptance of the Order Confirmation, the Orderer can withdraw from the agreement paying only the withdrawing fee of 30% of the value of ordered Goods within 3 days from the date of acceptance of the Order Confirmation.

2. Under the penalty of invalidity, the withdrawing declaration should have written form and should be submitted together with the payment of withdrawing fee.

3. In case the Orderer has already made the advance payment, it will be considered as a part of withdrawing fee.


§10

Property right


The Goods sold to the Orderer remain the property of the Supplier until full payment for the Goods has been made.


§11

Final provisions


1. Any amendment of the General Terms can be made in form of the written annex only.

2. The possible disputes will be decided by the public court of the Supplier's seat.

3. The legal relations between the Supplier and the Orderer are subject to the Polish legislation excluding the conflicting rules and the Convention of the United Nations on agreements for international sale of goods. The provisions of the Civil Code apply to all questions not normalized in this agreement.



WARSAW,

March 1st, 2010

AUTHORIZED BY

JOANNA SZOSTEK

 
   
   
   
 
home page about us contact us webmaster