Terms and Conditions
TERMS AND CONDITIONS
I. Application of general terms of sale - binding nature of general terms of sale
- These general terms of sale are sent or made available to each buyer (also referred to as the purchaser or customer) by any means, including through catalogs and/or accessibility for consultation on the company’s website.
- Unless expressly agreed otherwise, placing an order signifies the buyer’s full and unconditional acceptance of these terms of sale, excluding any other documents such as brochures, catalogs, etc., issued by the seller (KAMPOL S.C. CZAPLA I WSPÓLNICY), which are provided for informational purposes only.
- No special conditions, unless formally accepted in writing by the seller, can prevail over the general terms of sale.
- No contrary conditions can be raised by the buyer, regardless of when they were communicated to them.
- The seller’s failure to enforce any of the following general terms of sale in one instance cannot be interpreted as a waiver of their future right to invoke these conditions.
II. Orders
- Orders are valid only if they specify the quantity of goods, agreed price, place, and date of delivery or pickup.
- Orders are final only if they are submitted in writing by the buyer. Unless expressly agreed otherwise, placing an order signifies the buyer’s acceptance of the seller’s terms and conditions of sale, acknowledgment of full knowledge of these terms, and waiver of their own purchasing conditions.
- The benefits of an order are personal to the buyer and may not be transferred without the seller’s consent.
III. Order modification
- Change or cancellation of an order requested by the buyer is only permitted if received in writing before the production of the goods.
IV. Dimensions and specifications
- All dimensions and specifications are provided for informational purposes only and cannot be changed without prior notification to improve our products.
V. Prices
- Products are always invoiced at prices in effect at the time of shipment. Our prices are stated net (excluding transportation, excluding taxes) and are subject to change in accordance with the provisions set forth in Article R543-247 of the Environmental Code concerning waste disposal fees. Any increases in applicable taxes as well as new taxes that may arise prior to product delivery will be added to the buyer’s invoice.
- Changes in the VAT rate will also be applied to the price of products and services.
- The buyer shall bear all taxes, duties, fees, or other costs to be paid in accordance with Polish regulations or the regulations of the importing country or transit country.
VI. Delivery times
- Delivery will be made according to the order by directly handing over the goods to the buyer, issuing a simple availability notice, or handing over to a carrier or forwarder at the seller’s premises.
- Deliveries are carried out strictly based on availability and in the order of placed orders. The seller reserves the right to make deliveries in a complete or partial manner. Delivery times are provided with the greatest possible accuracy but depend on the seller’s supply and transport capabilities. Our delivery times given when placing the order are for informational purposes only, and any delays do not entitle the buyer to refuse acceptance of the goods or demand compensation.
- If deliveries take longer than the stated delivery time, it will not be grounds for compensation, deductions, or cancellation of orders during fulfillment.
- However, if the product is not delivered within three months after the stated delivery time due to reasons other than force majeure, the sale may be canceled at the request of either party. The buyer will receive a refund of the paid deposit, but will not be entitled to any other compensation or damages.
- The following situations are considered force majeure events that release the seller from the obligation of delivery: war, riots, fires, strikes, accidents, or the seller’s inability to supply.
- The seller will inform the buyer accordingly about the above cases and events. In any case, timely delivery can only occur if the buyer has fulfilled their obligations towards the seller, for any reason.
- In all cases (regardless of whether the buyer bears the transport costs), the goods travel at the buyer’s risk, who is responsible for reporting any observations regarding damages or shortages in the delivery, as well as confirming any reservations that have been reported through a non-judicial document or a registered letter with acknowledgment of receipt from the carrier within three days of receiving the goods.
- The transfer of risk for the products occurs on the day of leaving the plant, readiness for shipment, or holding the goods at the buyer’s disposal.
- The buyer bears the risk, even in the case of a sale with paid delivery, from the moment of shipment from the seller’s warehouse.
VII. Receipt - shipments - returns
- Without prejudice to the provisions concerning the carrier, claims regarding blatant defects or non-conformity of delivered goods with the ordered items or delivery note must be reported in writing within 3 days of receiving the goods.
- The buyer is responsible for providing any documents confirming the actual nature of the reported defects or anomalies. The buyer shall provide the seller with all necessary opportunities to assess and remedy these defects and shall refrain from independently intervening or imposing on third parties the obligation to intervene for this purpose. For goods sold in packaging, the weight and dimensions at the time of departure are important for determining the quantity of delivered goods.
- Returns are made at the buyer’s expense and with our written consent. In the absence of such consent, returns will be rejected by our acceptance department and will not serve as the basis for issuing a credit note. The costs and risks associated with returns are always borne by the buyer.
- The returned goods must be enclosed in the package with the attached return form and must be in the same condition as they were at the time of delivery by the carrier. In the case of blatant defects or non-conformity of delivered goods, duly observed by the seller in accordance with the conditions specified above, the buyer may obtain a free replacement or a refund for the goods, at the seller’s discretion, excluding any compensation or damages. Returns of electrical equipment will not be accepted.
- Any return related to an order older than one year will be rejected unless explicitly agreed
VIII. Payments
- Our invoices are payable within the agreed-upon terms with the customer.
- In the event of payment delay, the seller may suspend the fulfillment of all orders without prejudice to other remedies.
- Any amount unpaid by the payment deadline indicated on the invoice will automatically incur penalties at three times the statutory interest rate, along with a fixed amount of 40 euros, which covers the costs of debt recovery.
- In the case of non-payment, if payment is not made within 48 hours of sending the notification, the sale will be automatically canceled if deemed appropriate by the seller. The seller may initiate simplified proceedings to demand the return of goods, without prejudice to other claims. The return will apply not only to the specific order but also to previous orders that have not been paid, regardless of whether deliveries have been made, are in progress, or payment is due. In all the above cases, amounts that may be due in connection with other deliveries or for any other reason become payable immediately if the seller does not decide to cancel the relevant orders.
IX. Payment terms
- Our goods are sold subject to retention of ownership.
- The seller retains ownership of the delivered goods until full payment of the price along with interest.
- In the event of non-payment within the specified timeframe, the seller regains possession of the goods, and the sale is automatically canceled if deemed appropriate by the seller, with any payments already made being retained as compensation for the buyer’s use of the goods.
- The goods remain in the possession of the seller until full and final payment of the price, but the buyer assumes responsibility from the moment of physical delivery, as the risk also passes upon transfer of ownership. Therefore, the buyer agrees to take out an insurance policy to protect against the risk of loss, theft, or damage related to the goods.
X. Disputes
- In the event of disputes or misunderstandings regarding the conclusion or performance of an order or contract, the exclusive jurisdiction shall lie with the courts in Limanowa, unless the seller chooses to designate another competent court.
- This clause applies even to simplified proceedings, incidental claims or multiple defendants, or the introduction of third parties, regardless of the conditions and method of payment; no clauses concerning the designation of jurisdiction that may exist in the buyer’s documents shall prevent the application of this clause.
- Polish law and the Polish language shall apply exclusively.
XI. Miscellaneous
- In the event that one or more clauses of these general terms of sale become invalid, the customer agrees that the remaining clauses remain unaffected and agrees to replace the invalid clauses with economically valid clauses that are as close as possible to the clauses that have become invalid.