§1
General provisions

These general terms and conditions of sale and delivery, hereinafter referred to as GTC, govern the agreements concluded between the subjects and Hartmann Tresore Polska Sp. z o.o. in Warsaw.
The terms used in the following paragraphs shall be understood as follows:
1. Seller – Hartmann Tresore Polska Sp. z o. o.,
2. Contract – sales contract / order – a written confirmation of sales conditions, also in the form fax, e-mail, scan
3. Carrier – a third party operating in the field of carriage and forwarding of goods,
4. Goods – thing marked as to type or identity,
5. Buyer – a natural person who is not a consumer, a legal person or an entity without legal personality
Changes to the GTC, including other terms and conditions of the Buyer shall be expressly confirmed in writing.
To contracts concluded with a consumer, these General Terms and Conditions shall apply accordingly insofar as this does not contradict mandatory legal regulations.
The Seller reserves the ownership and copyrights to all advertising, commercial materials, samples, plans, visualisations, etc. provided to the Buyer.
The seller's individual offers are confidential and may not be made available to third parties without the seller's consent.

§2
Offer

Offers, unless explicitly stated to be binding, are non-binding in nature. If the offer does not specify a term, article 66 § 2 of the Civil Code shall apply.
Price lists and other general price information, as well as advertising and commercial materials are not binding and do not constitute an offer within the meaning of the Civil Code.

§3
Contract Conclusion Mode

The Seller uses forms of Order / Sales Agreement, specifying the type and quantity of Goods, terms and conditions of payment, date and manner of delivery of the Goods.
No response to the Order does not mean acceptance of its terms by the Seller.
If nothing else has been indicated in the content of the Order, the offer ceases to be valid after 3 days from the date of its receipt by the Buyer. Submission of amendments to the agreement by the Buyer is treated as submitting a new Order.
A contract is concluded when the Parties accept the conditions of the Contract. Acceptance may also be made by fax or e-mail.

§4
Execution of the Order

Unless otherwise specified in the case when the delivery of the Goods to the Buyer is to take place through a Carrier, the date of execution of the contract shall be the date on which the Seller has commissioned the shipping company to deliver the Goods to the Buyer.
The Carrier shall be responsible for timely and proper delivery of the subject of the delivery.
If personal collection of the Goods has been specified, the date of the execution of the agreement shall be the date on which the Seller informed the Buyer about readiness to issue the Goods.
If it has not been expressly specified that the Goods shall be delivered at the Seller's cost and risk, a transfer of risk of accidental loss or damage to the Goods shall pass to the Buyer at the moment of issuing the Goods to the person responsible for transport.
In the event of delay by the Buyer in taking delivery of the Goods, the transfer of risk of loss of or damage to the Goods shall pass to the Buyer at the moment of occurrence of readiness to deliver the Goods.

§5
Advance payment

The sale shall be executed subject to receiving an advance payment of 50% of the gross value of the ordered Goods, unless the Order stipulates otherwise.
In the event of delay in paying of the advance payment, the agreed dates for completion of the Order shall be extended accordingly.

§6
Price

All prices, unless otherwise stated, are expressed in Polish zloty (PLN). They are net prices and do not include, in particular, the price of packaging and the costs of transport and assembly. The price is payable without deductions (bank charges, etc.) directly upon receipt of the goods or within 7 days of the invoice date, unless another term has been agreed upon.
The Buyer authorises the Seller to issue invoices without his signature.
The date of payment shall be the date of crediting the Seller's bank account.
The Seller reserves the ownership of the Goods until the whole gross sales price is paid.
If the agreed payment dates are exceeded, the Seller has the right to claim maximum interest (art. 359 § 2(1) of the Civil Code).
The Seller reserves the right to change the agreed price of the Goods due to extraordinary circumstances beyond its control. He will inform the Buyer about this fact. No acceptance of the new price by the Buyer shall result in termination of the Contract.

§7
Scope of warranty

The Buyer is obliged to inspect the Goods upon their receipt. When the Goods are delivered by a Carrier, any damage or shortage in the Goods ascertained by the Buyer should be confirmed by a protocol confirmed by a Carrier's representative. The Buyer shall notify the Seller of the fact of damage in transport on the day of delivery. Notification of defects in the Goods and inconsistency of the delivery with the contract should be made immediately, no later than 3 days from the date the defect was detected. The notification should contain, in particular, a description of the defect, probable causes of its occurrence, contact to the authorized person and the address where the defective Goods are located. The Buyer should attach an evidence confirming the existence of defects in the Goods to the notification. At the Seller's request, the Buyer shall send additional documents, photos, etc. confirming the existence of defects in the Goods.
If the Buyer does not make the notification referred to above in due time, they lose their rights under warranty for defects of the Goods.
The Buyer may send back defective Goods at the expense of the Seller only after written acceptance of the Seller of the costs of return.
The Seller shall not be liable for damages resulting from improper use or installation of the Goods by the Buyer.
Liability of the Seller for any damage is excluded if the Goods are used contrary to their technical purpose and operating instructions.
The Seller's liability for non-performance or improper performance of the agreement is excluded if it has occurred as a result of force majeure, strikes or other circumstances beyond the Seller's control.
With regard to natural persons exercising a business activity, for whom the contract is not directly related to their business activity, the application of the provisions relating to consumers, Article 558 § 1 of the Civil Code, is excluded.

§8
Guarantee

Unless a separate Warranty document has been issued, the proof of purchase in the form of an invoice shall be the basis for asserting rights under the Warranty.
Claims under the guarantee and warranty for defects cannot be based on data about the Goods contained in catalogues, leaflets and other advertising materials of the Supplier.
The guarantee does not cover defects resulting from arbitrary repairs, alterations or construction changes made by the user or other unauthorised persons, mechanical, thermal and chemical damage or intentional damage to the equipment by the user or third parties, faulty maintenance of the Goods and other damage resulting from the user's fault, deterioration of the Goods caused by natural wear and tear, damage resulting from failure to observe the rules of proper operation, as well as use of the Goods in a manner inconsistent with their intended use, faulty assembly performed by entities not acting on commission from the Seller.

§9
Withdrawal

After conclusion of the Contract, the Buyer shall be entitled to withdraw from the Contract:
1. – against payment of a compensation of 15% of the agreed Price within 3 days from the date of conclusion of the Contract,
2. – against payment of a cancellation fee amounting to 30% of the agreed Price within 7 days from the conclusion of the Contract.
The Buyer's declaration of withdrawal shall be in writing, otherwise being null and void, and shall be made simultaneously with payment of the full amount of the withdrawal fee, art. 396 of the Civil Code. In the event that an advance payment has been made, the submission of the withdrawal declaration shall result in the due payment of the Distance Payment. The withdrawal shall be deducted from the advance payment.
The right of withdrawal upon payment of the withdrawal fee shall not apply in the event of ordering Goods identified by their identity.
In the event when the Buyer, while not acceding to the performance of the Contract, does not pay the withdrawal fee within the time limit specified in the notice, the Seller shall be entitled to claim a contractual penalty in the amount of the withdrawal fee specified in item 1 from the Buyer. The contractual penalty shall be due within 7 days. The Seller shall be entitled to claim damages in excess of the contractual penalty.

§10
Assembly, service and transport services

These General Terms and Conditions shall apply respectively to assembly, transport and repair services of the Goods.
Deliveries with carrying and assembly services shall be carried out by the Seller exclusively on the basis of a transport questionnaire filled in by the Buyer. Incorrect filling in of the transport questionnaire (e.g. lack of information about the stairs) is the basis for appropriate increase of remuneration due to the Seller for the transport and assembly service. Delivery to an address means, unless otherwise agreed, delivery to the front door of the building on the ground floor.
The Purchaser is obliged to prepare the work front and the installation premises accordingly. In particular, access to electricity will be provided and the ground will be prepared. The Buyer shall ensure all passes and permits for the entry of the vehicle and the Seller's employees to the assembly area. If the above conditions are not met, the delivery date may be changed and the Seller has the right to charge the Buyer with the costs of storage, downtime and re-assembly.
Each transport, assembly or repair service must be confirmed with a Delivery, Assembly or Repair Protocol signed by both parties.

§11
Final provisions

Any amendments to the General Terms and Conditions may be made only in the form of a written annex.
A common court competent for the registered office of the Seller shall be appointed to resolve disputes.
The General Terms and Conditions shall be governed by the laws of Poland excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. In matters not regulated by this agreement, the provisions of the Civil Code shall apply.

§1General provisions

§2Offer

§3Contract Conclusion Mode

§4Execution of the Order

§5Advance payment

§6Price

§7Scope of warranty

§8Guarantee

§9Withdrawal

§10Assembly, service and transport services

§11Final provisions

§1
General provisions

§2
Offer

§3
Contract Conclusion Mode

§4
Execution of the Order

§5
Advance payment

§6
Price

§7
Scope of warranty

§8
Guarantee

§9
Withdrawal

§10
Assembly, service and transport services

§11
Final provisions

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