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Terms and conditions

 

FHU GASTROPRODUKT Rafał Mirek
ul. Żuradzka 29, 32-300 Olkusz
VAU EU: PL6371983282, Regon: 121198600

 

Preamble

(1) These Terms and Conditions set out the detailed rules for the implementation of business transactions by GastroProdukt Rafał Mirek (hereinafter referred to as the "Seller"), supplementing the Regulations of the GastroProdukt.pl online shop (hereinafter referred to as the "Regulations").

(2) These Terms and Conditions apply exclusively to Clients who do not have the status of Consumers or Individual Entrepreneurs. In the case of Clients who are Consumers or Individual Entrepreneurs, the Terms and Conditions of the GastroProdukt.pl online shop shall apply.

 

 

§ 1 Definitions

The definitions used in these Terms and Conditions are the same as those contained in the GastroProdukt.co.uk Online Shop Regulations. In particular, they mean:

1. Customer - an entity to whom, in accordance with the Terms and Conditions and legal regulations, electronic services may be provided or with whom a Sales Contract may be concluded.

2) Consumer - a natural person making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity. 3) Consumer - a natural person making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity.

3. Entrepreneur - a natural person, a legal person or an organisational unit that is not a legal person, to which an act grants legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.

4. Individual Entrepreneur - a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for him/her, arising in particular from thethe subject of his or her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity or from a declaration made by him or her in the course of purchasing through the Internet Shop. 5.

5th Seller - Rafał Mirek conducting business under the name GastroProdukt Rafał Mirek, Tax Identification Number (NIP) 637-198-32-82, Regon 121198600 based in Olkusz, ul. Żuradzka 29.

6th Goods - the product presented by the Seller via the website of the Internet Shop, which may be the subject of the Sales Agreement.

7th Business days - shall mean the days of the week from Monday to Friday, excluding public holidays.

8th Other definitions shall be understood in accordance with § 1 of the Regulations of the GastroProdukt.pl Internet Shop.

 

§ 2 General provisions

(1) These Terms and Conditions shall apply to all transactions concluded with the Seller, in particular via the online shop www.gastroprodukt.pl, unless the parties have agreed otherwise in writing under pain of invalidity.

2. Seller's contact details:

  • Registered office address: ul. Żuradzka 29, 32-300 Olkusz.
  • Telephone number: 32 611 50 87 (Monday to Friday, 8.00 a.m. to 5.00 p.m.).
  • E-mail: biuro@gastroprodukt.pl.

(3) All information about the Goods, including their prices, are taken from materials published by manufacturers or importers and do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code, but only an invitation to conclude a contract.

4th Pictures of Goods or their technical description placed in the Online Store may differ from the actual state, which may be related to the continuous technological improvement of equipment, as well as to the fact that monitors, photos and drawings subjectively present the colours and proportions.

The persons authorized to act on behalf of the Customer are the persons making the order on its behalf as well as the persons collecting the ordered Equipment on behalf of the Customer. The Seller may request a relevant power of attorney or other document confirming the authority of a given person to act on behalf of the Customer.

 

§ 3 Placing Orders and Process Time 1.

(1) Placing an order by the Customer is tantamount to acceptance of these Terms and Conditions.

(2) Placing an order is also possible in the form of an e-mail order. The provisions of the Terms and Conditions of Business shall apply to such orders to the appropriate extent.

(3) The moment the Seller confirms acceptance of the order, a Sales Agreement is concluded.

4th The lead time given in the description of the Goods or confirmed by the Seller is approximate.

(5) The Seller reserves the right to unilaterally extend it in case of justified reasons, such as shortage of Goods at the manufacturer's, delays in delivery of components, logistic problems or force majeure. The Customer will be immediately informed of any such extension of the deadline.

(6) The Customer shall not be entitled to any claims for delay in delivery of the Goods, unless the cause is gross negligence of the Seller.

7th In case of a delay exceeding 60 (sixty) Business Days from the originally agreed date, the Customer has the right to withdraw from the contract without any contractual penalties and the right to claim damages, subject to paragraph 6.

(8) The lead time of the order is counted from the date of receipt of payment for the Goods on the Seller's bank account, unless the parties have agreed on deferred payment.

9th In case of circumstances preventing full or partial execution of the placed order (e.g. permanent unavailability of the Goods at the manufacturer's, force majeure), the Seller reserves the right to withdraw from the contract in whole or in part. In such a case, the Seller shall immediately inform the Customer of the circumstances and return the funds paid or offer the Customer other equivalent Goods.

 

§ 4 Delivery and Acceptance of Goods

(1) The costs of transport of the Goods shall be borne by the Customer in accordance with the guidelines provided at order confirmation.

(2) The time of delivery of the Goods shall be deemed to be:

  • in the case of personal collection by the Customer and in the case of delivery of the Goods carried out by the Seller's own transport - the moment of delivery of the Goods to the Customer at the agreed place;
  • in case of transport by the Supplier - the moment of delivery of the Goods to the employee of the Supplier. 3.

(3) The moment of release of the Goods shall be deemed as the moment of delivery:

(4) The Customer shall be obliged to examine the Goods in detail and without delay in the presence of the Supplier's representative (e.g. courier) in the event that transport is carried out by the Supplier.

(5) Defects, damage or other objections must be reported immediately and included in a written report drawn up and signed by the Customer and the person carrying out the delivery of the Goods.

(6) Any damage not reported promptly after issuance of the Goods and not confirmed in the written report will be deemed to have occurred during the period of disposal of the Goods by the Customer and arising for reasons beyond the Seller's control.

(7) The consequences of the Customer's actions preventing the effective assertion of any claims from the Supplier shall be borne by the Customer.

(8) In the event of any defects in the Goods, which could not be ascertained immediately after delivery, the Customer is obliged to report them without delay at the first possible moment and to request the Supplier to prepare a protocol of damage to the consignment.

(9) If the Customer chooses to have the Goods delivered via a Supplier, including postal operators or courier companies, the Seller's liability is limited to the moment of delivery to the Supplier's employee.

 

§ 5 Payments

(1) The Seller accepts the forms of payment listed in § 6 of the Terms and Conditions, including payment in cash upon personal collection, transfer to the Seller's bank account, as well as payments made by Tpay, eCard, PayPo and installment payments. For Customers who are public entities (public finance sector units), payment by bank transfer with deferred payment date is also allowed after individual agreement with the Seller.

(2) The processing of the order is commenced after the full price of the Goods has been credited to the Seller's account, with the exception of instalment or deferred payment. In such cases, the realisation shall commence, respectively, upon receipt by the Seller of confirmation of the granting of financing by an external operator or upon individual agreement and acceptance of the terms of deferred payment. VAT invoices are sent by courier or by email together with the Goods or issued to the Customer in the event of personal collection.

 

§ 6 Warranty and Liability

(1) The Seller's liability under the warranty provisions of the Civil Code is excluded on the basis of Article 558§1 of the Civil Code. The procedure for handling complaints in such a case shall be governed by the Warranty document or the Terms and Conditions of Warranty found on the website.

If the warranty claim or non-compliance of the Goods with the contract proves to be unjustified, the Seller has the right to charge the Customer with costs related to the verification of the claim, including costs of transportation of the Goods, expertise, inspection and service work. The Customer will be informed about the estimated costs of verification before the verification activities are undertaken.

(3) The Seller's liability for non-performance or undue performance of the Sales Agreement is limited to the amount of actual losses incurred by the Customer (actual damage), excluding lost profits (lucrum cessans), unless the damage was caused by intentional fault of the Seller. The maximum liability of the Seller in each case is limited to the amount of the price paid by the Customer for the Goods in question.

 

§ 7 Returns of Goods

(1) Return of Goods, with the exception of rights arising from generally applicable regulations, is possible only with the prior consent of the Seller.

(2) In the case of returning the Goods, a handling fee of 2% of the value of the returned Goods may be charged to cover the costs of return handling.

(3) The cost of sending the returned Goods to the Seller or to another address specified by the Seller shall be borne by the Customer.

(4) The returned Goods should be in working order, complete and unused, and packed in the original packaging. The Seller reserves the right to examine the returned Equipment. If damage, shortages or signs of use are found - the return will not be accepted and the Customer is obliged to collect the Goods at their own expense.

 

§ 8 Final provisions

(1) In matters not regulated by these Terms and Conditions, the relevant provisions of common law shall apply.

(2) The Seller reserves the right to amend these Terms and Conditions. The change shall become effective within 7 days from the date of informing about the change on the website of the Online Store. Purchases, the implementation of which began before the new Terms and Conditions came into force, will be implemented according to the rules of the previous version.

Any disputes arising from the implementation of Sales Agreements concluded with the Seller, where the Customer is a Business or Public Entity, will be resolved by a common court of law with jurisdiction over the registered office of the Seller.