REGULATIONS

General Terms and Conditions of Sale

§1
[General provisions]

1. This document defines the terms and conditions under which agreements for the sale and supply of commercial goods are concluded. We recommend customers to read this document carefully.
2. The General Terms and Conditions of Sale apply to every transaction of sale and delivery of commercial goods made between the Seller (GASTROPARTS Barbara Lipińska, Marcin Lipiński, Patrycja Maters Spółka Jawna with its registered office in Toruń at ul. Klonowica 37, the National Court Register (KRS) number: 0000369171) and the Ordering Party, which is either an entity conducting business that places an order in connection with the aforementioned business activity or a consumer, which means that the Ordering Party purchases goods from the Seller without any connection with its business or professional activity.
3. By placing an order for goods from the Seller’s range of goods, the Ordering Party acknowledges and accepts the fact that the General Terms and Conditions of Sale form an integral part of a possible sales agreement concluded with the Seller.
4. The General Terms and Conditions of Sale can be found on the website at https://www.gastroparts.pl/pl/news-6 and they may be presented to the Ordering Party at its request in the Seller's registered office at ul. Klonowica 37 in Toruń. At the Ordering Party's request, the current version of the General Terms and Conditions of Sale may be delivered in electronic form to the e-mail address indicated by the Ordering Party.
5. All brands, logos, product names and titles used on the Seller's website are trademarks or trade names of the Seller or belong to third parties or holders of trade names. It is forbidden to use or reproduce such trademarks, logos or trade names without the Seller’s consent, as it may constitute a serious infringement of the rights of their holder.
6. All texts, documents, designs, photos or other services on the Seller's website, as well as related source codes and any other materials on the Seller's website are protected by the copyright of the Seller or its suppliers and subcontractors.
7. Only electronic copying or or paper version printing of the Seller's website is allowed to the extent necessary to place an order or use the Seller's website as assistance in purchasing. No other use of the Seller's information and materials, including their reproduction for purposes other than those indicated above, modification, distribution or re-publication is allowed. If the Ordering Party decides to use the information from the Seller's website, the Seller’s written consent is required.

§2
[Ways of placing an order]

1. The Ordering Party, interested in concluding a sales agreement, is entitled to place an order in one of the following methods:
a. via e-mail - to the e-mail address gastroparts@gastroparts.pl
b. via the www (after logging on the previously set up account).
2. The order should contain the following information:
a. the Ordering party’s identification details, in particular the NIP (tax identification) number,
b. e-mail address of the Ordering Party, necessary for the proper performance of the agreement,
c. the type (part number) and quantity of particular goods from the Seller’s product range.
d. place of delivery of the ordered goods.
3. Orders placed by the Ordering Party shall be recorded and stored in the Seller’s system. Accounting documents that constitute the confirmation of the performance of the contract concluded on the basis of these General Terms and Conditions of Sale shall be kept by the Ordering Party in accordance with the generally applicable legal regulations.
4. If, after placing the order, the Ordering Party finds out that the order contains errors regarding the quantity and quality of the selected products as well as errors regarding other data, the Ordering Party should immediately contact the Seller’s representatives in order to correct the order.
5. In response to the order, the Seller shall prepare the sales offer of goods containing the final value of the order, the date of completion, delivery method and payment deadline. The aforementioned offer shall be sent to the Ordering Party in the form of an e-mail to the e-mail address previously provided by the Ordering Party. The offer shall be prepared by the Seller after prior verification of the availability of the given products. If at the time of preparing the offer it turns out that one or several products selected by the Ordering Party are no longer available, the Seller shall furnish the Buyer with the relevant information.
6. The Ordering Party is obliged to read the contents of the offer prepared by the Seller and accept the offer in a form of a binding e-mail. The valid sales agreement between the Parties is concluded upon sending by the Ordering Party an e-mail containing the acceptance of the Seller's offer. If, in response to the Seller's offer, the Ordering Party raises any objections to the offer, the sales agreement shall be deemed concluded upon accepting all objections of the Ordering Party by the Seller, which the Seller shall do by sending the order confirmation to the Ordering Party.
7. Each time, the sales agreement is concluded at the Seller’s registered office at ul.Klonowica 37 in Toruń.
8. The Seller reserves the right not to reply to the order placed by the Ordering Party. In the above situation, no legal relationship will be established, and the Ordering Party shall not be entitled to make any claims against the Seller.
9. If there is a suspicion that the Ordering Party has placed a false or dishonest order, the Seller reserves the right to contact the Ordering Party in order to verify the validity of the above suspicions. In the event of confirmation that the Ordering Party has placed a false or dishonest order, the Seller reserves the right to cancel the order.

§3
[Delivery performance]

1. The product constituting the subject of the sales contract will be delivered to the Ordering Party via the courier company, on terms and conditions specified each time in the offer prepared by the Seller.
2. Deliveries of goods are carried out on the territory of Poland. The delivery of goods may also be carried out outside of Poland.
3. If the Seller acquires knowledge that due to exceptional circumstances, the delivery cannot be made within the originally agreed period, the Seller shall contact the Ordering Party in order to set a new delivery date.
4. The Seller informs that it does not perform deliveries on Saturdays, Sundays and public holidays.
5. The Ordering Party undertakes to check in the presence of the courier whether the packaging has not been damaged during transport and whether the contents of the parcel are consistent with the offer confirmed by the Ordering Party.
6. Upon the deliver the Ordering Party is liable for the risk related to the goods.

§4
[Payment method]

1. Payments for the ordered goods can be made via one of the following methods:
a. by payment on delivery - payment to the courier delivering the ordered goods (only for the territory of Poland),
b. by electronic transfer, bank transfer, ordinary transfer or credit card to the Seller's account. The fulfilment of the order shall commence after the Seller receives the total amount of payment required for the order placed. The settlement of credit card and e-transfer transactions is carried out via www.Przelewy24.pl, Pay Pal.
2. In the case of credit card payments, the credit card details of the Ordering Party shall be encrypted in order to minimize the risk of unauthorized access. Credit cards are subject to verification and require authorization by the credit card issuer. If the credit card issuer does not confirm the payment, the Seller is not responsible for the delay or non-delivery, and the agreement between the parties shall not be effectively concluded.
3. The details concerning the method and date of payment will be included in the offer prepared by the Seller in accordance with § 2 of the General Terms and Conditions of Sale.
4. The prices indicated in the offer prepared by the Seller will include VAT.
5. In accordance with the rules and regulations applicable in a given area of law, in relation to goods delivered in individual EU Member States, if the Ordering Party is or is required to be a VAT payer, the reverse charge rule, resulting from Directive 2006/112, may apply. In this case, the Seller shall not charge VAT, provided the Ordering Party confirms that it shall settle VAT on the delivered goods under the reverse charge procedure.
6. Concluding an agreement based on these General Terms and Conditions of Sale, the Ordering Party authorizes the Seller to issue an invoice in electronic form, in accordance with applicable regulations.
7. Until the Ordering Party pays the entire sale price resulting from the offer accepted by the Ordering Party, the ordered product remains the property of the Seller.

§5
[The Seller's liability for non-compliance of the goods with the agreement in relations with entrepreneurs]

1. The Seller does not grant a guarantee for the goods that are the subject of the sales agreement.
2. The Seller shall be liable to the Ordering Party under the warranty, only if the physical defect is found and reported to the Seller by the Ordering Party within 14 days of the date of handing the goods over to the Ordering Party, subject to the provisions of paragraph 4 and 5.
3. The conditions for the effective exercise of the rights by the Ordering Party under the warranty for physical defects includefiling claims on the form available after logging on the website at https://www.gastroparts.pl. Claims filed without the right form shall not be considered effective.
4. Should the Ordering Party receive parts other than those which were the subject of the offer, the Seller shall be liable under the warranty, if the non-compliance of the goods with the agreement is confirmed and notified to the Seller by the Ordering Party within 3 days as of the date ofreleasing the goods to the Ordering Party.
5. Should the Ordering Party receive an incorrect quantity of goods, the Seller shall be liable under the warranty if the non-conformity of the goods with the agreement is confirmed and notified to the Seller by the Ordering Party within 3 days of the date of releasing the goods to the Ordering Party.
6. If the subject of the sales agreement is the goods imported especially at the request of the Ordering Party, about which the Seller is obliged to inform the Ordering Party, the Seller’s responsibility under the warranty for defects is excluded.
7. If the Ordering Party’s claims arise due to damage to the goods during transport, these claims shall be considered provided that the Ordering Party draws up a damage report in the presence of the courier.

§6
[The Seller's liability for the non-compliance of the goods with the agreement in relations with consumers]

1. The consumer has the right to withdraw from the sales agreement within 14 days from the date of its conclusion. Withdrawal from the agreement does not require stating any reasons. The period of withdrawal from the contract begins with the consumer taking possession of the goods.
2. The consumer may withdraw from the agreement by submitting a statement of withdrawal from the agreement to the Seller. The above statement may be submitted on a form, the template of which is available at: https://www.gastroparts.pl/pliki/dokumenty/wzór_odstapienia_od_umowy.doc
3. The fourteen-day withdrawal period shall be deemed met if the statement of withdrawal is sent before its expiry.
4. After the expiry of the fourteen-day period of withdrawal from the agreement, this entitlement expires, stazying subject to other possibilities of withdrawal from the agreement, resulting from other generally applicable provisions of law.
5. In the event of withdrawal from the agreement, it shall be deemed null and void. In situations where the consumer made a statement of withdrawal from the agreement before the Seller accepted its offer, the offer ceases to be binding.
6. The Seller undertakes to immediately, not later than within 14 days from the date of receipt of the consumer's statement of withdrawal from the agreement, return to the consumer all payments made by him, including the cost of delivering the goods. If the consumer has chosen a way of delivering things other than the cheapest method of delivery offered by the Seller, the obligation to return will not include additional costs incurred by the consumer.
7. The seller will return the payment using the same method of payment as used by the consumer, unless the consumer explicitly agrees to a different method of return, without generating any additional costs for him.
8. If the Seller has not offered to collect the item from the consumer itself, he may withhold the reimbursement of the payments received until he receives the goods back or the proof of sending it back, depending on which event occurs first.
9. The consumer is obliged to return the goods to the Seller or hand over the Goods to the person authorized by the Seller to receive them immediately, but not later than within 14 days of the date of withdrawal from theagreement. The term does not apply to situations in which the Seller offered to collect the goods itself. In order to meet the aforementioned deadline, it is enough to send back the goods before the laps of that term. The consumer shall only bear the direct cost of returning the goods.
10. The consumer is also entitled to return the goods himself at the Seller's registered office.
11. The consumer is liable for a decrease in the value of the goods, arising as a result of using the goods in a way that goes beyond the scope necessary to establish the nature, characteristics and proper functioning of the goods.
12. The right to withdraw from the agreement is not granted to the consumer in relation to agreements in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy its individual needs.
13. If the goods purchased by the Ordering Party is affected by a physical or legal defect, the Consumer may file a complaint based on the provisions of the Civil Code (Article 556 et seq. of the Civil Code). The claim may be put forward on the basis of a warranty for defects.
14. The sold goods shall be treated as defective if:
1. it has no properties that this kind of product should have due to the purpose defined in the agreement or resulting from the circumstances or intended use of the product;
2. it has no properties about which the Seller informed to the Ordering Party, showing a sample or a specimen;
3. it is not suitable for the intended use about which the Ordering Party informed the Seller when concluding the agreement, and the Seller did not raise any objections to such a use;
4. it was released to the Ordering Party in an incomplete state.
15. Complaints related to the warranty for defects shall be considered by the Seller within 14 days.
16. The consumer, regardless of the possibility of pursuing its claims in court, has the right to use extrajudicial methods of resolving disputes with the entrepreneur, which include, inter alia, mediation, arbitration and complaint commissions,
17. In particular, the consumer has the right to submit an application to one of the Permanent Consumer Arbitration Courts. The list of appropriate units is currently available at http://www.uokik.gov.pl/wazne_adresy.php#faq596
18. Moreover, the consumer also has the right to seek help from the relevant poviat (municipal) consumer ombudsmen or social organizations whose statutory tasks include consumer protection (including, among others, the Consumer Federation http: // www.federacja-konsumentow.org.pl/63,tu-znajdziesz-pomoc.html or the Association of Polish Consumers http://www.konsumenci.org/pomoc-konsumencka,infolinia-konsumencka,2,35.html)

§7
[The right to return parts]

If the Ordering Party orders goods with improper parameters, the Seller shall accept the return of the parts provided that the following conditions are jointly fulfilled:

1. The Ordering Party shall submit an application for the return of the goods on the form within 3 days of receiving the goods,
2. The application concerns standard goods, i.e. goods that are not imported at the special request of the Ordering Party,
3. The goods will be sent back in the original packaging and will not bear any signs of use or assembly.
Otherwise, the Seller has the right to refuse to accept the goods and refund the sale price.

§8
[Final provisions]

1. In order to properly handle the order, the Ordering Party consents to the use of its personal data by the Seller. The Seller informs that in accordance with the Act on Personal Data Protection, the Ordering Party has the right to inspect its personal data, to correct them and request the cessation of the use of the above data.
2. The personal data administrator is Gastroparts Sp. Jawna , at its registered office in Torun at str. Klonowica 37, NIP: 956-227-59-65, REGON: 340784260, KRS: 0000369171.
3. If one of the provisions of these General Terms and Conditions of Sale is deemed null and void, on the basis of a legally valid decision of a public administration body or a final court ruling, the remaining conditions of these General Terms and Conditions of Saleshall remain in force and the annulment indicated above shall not apply to them.
4. Any deviations from the General Terms and Conditions of Sale proposed by the Ordering Party shall require express written acceptance from the Seller.
5. The information provided in the catalogs, folders and on the Seller's website does not constitute an offer within the meaning of Art. 66 of the Civil Code, and they are only an invitation to negotiations.
6. The Seller reserves the right to change the General Terms and Conditions of Sale by publishing their amended version on the Seller's website. The changes introduced by the Seller, however, shall not apply to already placed orders and already concluded contracts.
7. The parties shall not be liable for partial or total non-performance of obligations under the agreement if this is caused due to force majeure. Force majeure is understood as unforeseeable circumstances beyond the control of the party, in particular: fire, strike, flood, embargo, energy restrictions, disruptions in transport, earthquakes, etc.
8. For the interpretation of the content of the Sales Agreement, the Polish version of the Agreement and the General Terms and Conditions of Sale shall prevail.
9. For any matters not regulated by these the General Terms and Conditions of Sale, the provisions of the Polish Civil Code shall apply. These General Terms and Conditions of Sale and agreements concluded on the basis thereof shall be governed by the Polish law.
10. All disputes and claims arising from agreements concluded on the basis of the General Terms and Conditions of Sale, including any dispute regarding their violation, termination or invalidity, non-performance or improper performance of the Order, non-performance or improper performance of obligations under the guarantee, which have not been resolved amicably by the Parties, shall be settled by Polish common courts, in particular by the common court competent for the Seller’s registered office (excluding disputes arising from agreements with consumers).
11. The Ordering Party has the right to report to the Seller any comments and suggestions related to the wording of the General Terms and Conditions of Sale and the manner of providing services by the Seller. All correspondence in this regard should be sent to the Seller's e-mail address: gastroparts@gastroparts.pl

 

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contact:
GastroParts Sp. Jawna
ul. Klonowica 37
87-100 Toruń
tel: +48 56 657 00 66
tel: +48 56 657 00 68
fax: +48 56 657 00 67
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