General Terms and Conditions of Sale

Company “GULAJSKI” Rafał Gulajski

1. The General Terms and Conditions of Purchase of the Company “GULAJSKI” Rafał Gulajski with its registered office in Kopienica apply to all contracts of sale of goods concluded from ………………………….between Rafał Gulajski conducting business activity under the name: “GULAJSKI” Rafał Gulajski with its registered office in Kopienica and the Entrepreneurs within the meaning of Article 43¹ of the Civil Code and the Act on Freedom of Economic Activity, hereinafter referred to as the “Customers/ Buyers”.
2. The General Terms and Conditions of Purchase of the Company “GULAJSKI” Rafał Gulajski with its registered office in Kopienica do not apply to the Client/Buyer – consumer within the meaning of the Civil Code. The Act of 30 May 2014 on consumer rights and the Act of 23 April 1964 – the Civil Code apply to the Buyers/Clients – consumers.
3. Any provisions different from those contained in the General Terms and Conditions of Purchase of the Company “GULAJSKI” Rafał Gulajski with its registered office in Kopienica and additional arrangements made between the Seller and the Customer must be confirmed in writing or electronically.
4. The conclusion of the sale/delivery agreement between the Seller and the Buyer takes place by placing an order by the Buyer, on the basis of the offer presented to him by the Seller and its confirmation by the Seller, and provided that the Buyer pays an advance payment to the Seller on time in the amount specified in the confirmation of acceptance of the order.
5. The General Terms and Conditions of Purchase of “GULAJSKI” Rafał Gulajski are considered accepted by the Client at the moment of placing an order by the Buyer with the Seller.
6. As a result of concluding the contract, the Seller is obliged to release the goods and assemble them (if the contract provided for the assembly service), and the Buyer is obliged to collect the goods and pay the price within the agreed period.
7. The basis for determining the price and remuneration of the Seller is the Seller’s offer, valid on the day of the Seller’s confirmation of accepting the order, while the prices and remuneration indicated in the offer are expressed in net and gross amounts.
8. The prices indicated in the Seller’s offer include the sale price of the goods and, if applicable, the cost of assembly of the ordered goods, provided that the Seller’s offer provides for such a possibility. The remuneration does not include the costs related to the transport of goods from the warehouse or from the Seller’s headquarters, substructure for the bases, insulation and roofing of the bases.
9. The price for the goods is paid in such a way that within 14 days from the confirmation of the order by the Seller, the Buyer is obliged to make an advance payment in the amount agreed by the Parties in the confirmation of accepting the order. Payment will be made on the basis of a Pro Forma invoice sent via e-mail to the e-mail address provided by the Client in the order. The advance payment should be made by the Buyer to the Seller’s bank account indicated on the Pro Forma invoice, indicating the payment title.
10. The remaining part of the price will be payable in cash to the Seller or by transfer to the Seller’s bank account before handing over the purchased goods to the Buyer, or after handing over the goods to the Buyer and installing them (if the contract provided for the assembly service) on the basis of an invoice issued by the Seller. If the goods are released to the Buyer in stages, the payment for the goods is made on the basis of invoices issued by the Seller, in accordance with the assembly acceptance protocols or confirmations of receipt of the goods.
11. If the Contract provides for the assembly service, the Client will proceed to collect the goods along with their assembly on the day of completion of the assembly by the Seller. It is the Buyer’s obligation to collect the goods after they have been installed by the Seller. In the absence of an authorized representative of the Ordering Party to collect it, the Seller may draw up an acceptance protocol, which will mean that the goods will be collected along with their assembly by the Client and delivered to the address of the Client’s registered office, which will be the basis for issuing an invoice by the Seller.
12. The Client shall confirm to the Seller in writing or electronically that he is ready to assemble the goods. The customer will attach photos from the construction site confirming the fact that they are ready for installation. However, in the absence of a ready work front, due to the fault of the Buyer, who prevents the Seller from assembling the goods, the Seller will charge the Buyer with the costs of the fitters’ travel (PLN 1.20 net + VAT per 1km) and will charge the costs of their salaries, the costs of delivery of the goods (according to the invoice from the transport company), and other justified costs resulting from this.
13. The Goods are the property of the Seller until the full price is paid to the Seller by the Customer.
14. The Seller is also entitled to set off its monetary receivables against the Buyer and to assign its receivables against the Buyer to any selected entity.
15. If the parties do not agree on other conditions for the receipt of the goods by the Client (e.g. personal collection), the Seller at its own choice will either deliver the goods to the Client by its own transport or commission it to a carrier or forwarder professionally engaged in the transport of goods of this type, to the place indicated by the Buyer in the order.
16. Upon the Seller’s release of the goods to the carrier or forwarder, the benefits and burdens related to the goods and the risk of accidental loss or damage to the goods are transferred to the Buyer. In such a case, the Seller is not responsible for the loss, deficiency or damage of the goods arising from the time of accepting them for transport until they are handed over to the Buyer and for delays in the transport of the shipment.
17. In the case of sending the goods to the Client via a carrier or forwarder, the Buyer is obliged to examine the shipment in time and in the manner accepted for shipments of this type. If it finds that the Product has been lost or damaged during transport, it is obliged to take all actions necessary to determine the carrier’s liability.
18. If the Buyer is to collect the goods from the Seller (personal collection), the Parties agree on the date of its collection, however, the collection of the goods by the Buyer cannot take place later than within 14 days from the date of obtaining information from the Seller about his readiness to release the goods. The above rule does not apply when the goods have been ordered by the Client together with assembly.
19. The final date of the order will be determined each time by the Parties, within the deadline specified in the order acceptance confirmation. Before the scheduled assembly of the goods, the Seller agrees with the Buyer – by phone or via e-mail – the date and time of assembly of the goods. For the time of installation, the Buyer will provide the Seller with a free connection to 230V electricity and a safe front of works, allowing the Seller to undertake the work.
20. The Seller shall not be liable to the Buyer for production losses, loss of profit, loss of use, loss of contracts or any consequential loss resulting from the ordered and delivered goods. The total liability of the Seller is limited only to the value of the ordered and delivered goods. The Seller’s liability under the warranty for defects in relation to the Buyers – Entrepreneurs within the meaning of Article 43¹ of the Civil Code and the Act on Freedom of Economic Activity is excluded.
21. In the event of force majeure or for other reasons beyond the control of the Seller, resulting in a delay in the delivery of goods and their assembly, and in particular in the event of a temperature above 30 C or below 0 C, icing of the roof, heavy precipitation, suspension of works on the construction site by public administration bodies or other authorized entities, winds exceeding 6 m/s, lack of a prepared work front, then the deadline for the completion of the order may be extended by the duration of the obstacle. The Seller will immediately inform the Buyer about the reason for the delay and the new expected date of order completion.
22. Any disputes arising between the Seller and the Buyer shall be submitted to the court competent for the Seller’s registered office.