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Terms and Conditions of Sale
§ 1 Counterparties
- Party making the sale of products in the online store is Falter Spółka z ograniczoną odpowiedzialnością having registered seat at ul. Poznańska 69, 62-045 Pniewy, POLAND, entered into the Register of Entrepreneurs kept by the District Court Nowe Miasto and Wilda in Poznań, VII Commercial Division of the National Court Register, under KRS number 0000101015, with share capital of 4,500,000.00 zł, VAT (NIP) number 7820020927, Company ID 008492310 hereinafter referred to as STORE.
- Party making the purchase in the online store can be: a Consumer (ie. an adult person making a purchase not related directly to their business or professional activity) or an Entrepreneur being either an adult person with full legal capacity or legal person or an organizational unit without legal personality, which separate legislation grants legal capacity, hereinafter referred to as BUYER. The BUYER being an Entrepreneur has to indicate his proper VAT number upon placing an order in the STORE.
§ 2 Objects of transactions
- The objects of the transaction are the products shown in the online store www.inkjetsolution.eu at the time of ordering.
- The prices of all products and services presented on the website do include 23% VAT. Prices do not include shipping costs.
§ 3 Placing of orders
- Ordering in the online store is done according to the rules laid down in these Terms and Conditions of Sale.
- Orders can be placed by filling out the appropriate forms on the website of the STORE.
- STORE acknowledges receipt of each order. Confirmation takes place by an e-mail on receipt of the order.
- Acceptance of an order by STORE occurs by e-mail. Once the order is confirmed by STORE, the conclusion of the contract of sale happens.
- If it is impossible to confirm the receipt of the order by e-mail, STORE reserves the right to suspend the execution of the contract until it is confirmed.
- The sales agreement is concluded in English.
- All prices are expressed in EURO (EUR) and include 23%VAT. In exceptional cases Falter Sp. z o.o. reserves the right to change prices of goods. In such cases, the Falter Sp. z o.o. undertakes to inform the BUYER immediately about the situation, in the form of e-mail, no later than within 24 hours of placing the order, which has not been confirmed. The BUYER, after receiving the information, may accept or refuse to accept the revised prices. No response within 24 hours of receiving the e-mail will be considered as a lack of acceptance. In the absence of acceptance by the BUYER of a new price contract for a certain product will not be implemented and the funds blocked on the card will be released. Price changes do not apply to contracts in progress that have already been confirmed by e-mail.
- By placing the order the BUYER declares the acknowledgement of contents of the Terms and Conditions of Sale and accepts them.
§ 4 Methods of payment
- Payment for the ordered goods can be made:
a) By bank transfer to the STORE’s bank account before delivery of the goods, The BUYER is obliged to pay the bank transfer fee (option OUR):
BANK ZACHODNI WBK SA
1 ODDZIAŁ W POZNANIU
PL. WOLNOŚCI 16
ACCOUNT (IBAN): PL 84 1090 1463 0000 0001 1025 5121
SWIFT (BIC): WBKPPLPP
Falter Sp. z o.o.
ul. Poznańska 69
b) By credit card (Visa, MasterCard, ect.),
c) Through Paypal.
- An invoice will be sent along with the e-mail order confirmation. After the transfer of the consignment to the courier, the customer is sent mail with information about the departure of the consignment .
- Settlements by credit card are carried out by Dotpay.pl.
§ 5 Implementation of the order
- Performance of the contract begins after the confirmation of order. If the item is not in stock, STORE shall immediately inform the BUYER.
- Delivery time is the time from the date of reception of the payment by STORE to the date of sending the goods to the BUYER.
- BUYER is informed about the estimated time of completion with the confirmation of the order by STORE. Please note that this is an indicative time of realization of the order.
- If lack of goods in the warehouse can increase the term of the realization of contract, the BUYER may agree to extend the term of the contract, choose another product with similar characteristics or resign from purchasing part or all of the goods ordered.
- If the BUYER does not agree to extend the term of the contract, the order shall be canceled and the amount paid shall be immediately returned to the BUYER.
- After the transfer of the consignment into the hands of a courier, Falter sp. z o.o. will send the BUYER an e - mail with the invoice.
§ 6 Shipping
- On the day of dispatch of the order from the warehouse BUYER will be informed by email about the shipping of the order.
- Order composed of several items of varying realization period is sent after completion of the whole order, that is after the longest term of the realization.
- Deliveries are made by courier or may be picked up by BUYER.
- The fees are calculated by the system and given at the time of ordering.
- Any change in the standard or method of delivery made by the BUYER after the shipment of goods from the warehouse, consisting in the change of destination or the delivery time may be associated with additional costs to be charged to the BUYER.
- BUYER (an Entrepreneur) is required to inspect the package and its contents at the time of delivery before signing of the receipt. If the consignment or its contents are damaged, the BUYER shall draw up a protocol of damage signed by courier. In the absence of the protocol STORE is not responsible for damage caused during defective transport of goods.
- BUYER (a Consumer) has the right to inspect the package and its contents at the time of delivery before signing of the receipt. If the contents are different than ordered or are damaged the Consumer has the right to refuse to receive the package. The Consumer shall promptly inform the STORE about his refusal by e-mail.
§ 7 Defective Merchandise (Entrepreneur)
- Responsibility of the STORE under the warranty for material defects is limited to defects occurring in the implementation of the order and the situation in which the supplied goods are incomplete. In the event of the abovementioned defects in the goods, the BUYER being an Entrepreneur should fill out a complaint form and send it to Falter Sp. z o.o. (ul. Poznańska 69, 62-045 Pniewy ) before returning the goods. Responsibility of Falter Sp . z o.o. is limited only do the amounts actually paid by the Buyer being an entrepreneur for the ordered goods and only to the cases provided for in these Terms and Conditions of Sale.
- Shipment made in the process of meeting claims under the warranty for material defects, as well as under the guarantee provided by the distributor, is at the expense of the STORE.
- STORE is exempt from liability for material defects that arose after the transfer of risk to the BUYER, and for defects caused by the fault of the BUYER.
- BUYER's claims under the warranty for material defects concerning mechanical damage caused during transport will be considered only on the basis of written protocol of damage drawn up at the time of receipt of goods in the presence of an employee of delivery company and confirmed by him.
- In relation to the BUYERS who are Entrepreneurs, the responsibility of the STORE under the warranty for legal defects of goods is excluded.
- In the event of a delay in the shipment of the ordered goods to the BUYER, who is an Entrepreneur, the BUYER is entitled to withdraw from the contract after expiry of an additional 2 week period designated in writing to comply with the obligations of the STORE. Termination of the contract must be in writing to be valid address: ul. Poznańska 69, 62-045 Pniewy, POLAND, or by sending the notice of withdrawal to the e-mail of the STORE, ie. email@example.com.
- In case of withdrawal from the contract referred to in point 6 above, the STORE shall refund the paid price for undelivered goods (including shipment fees) within 7 working days from the date of delivery of the statement of withdrawal to the STORE or of reception of the e-mail containing such statement by the STORE.
§ 8 Defective Merchandise (Consumer)
- The BUYER may submit complaints about non-conformity, physical defects and goods damage caused during the transport to the following address: ul. Poznańska 69, 62-045 Pniewy, POLAND or by e-mail: firstname.lastname@example.org. Specific rights of the BUYER, being a Consumer, are provided in art. 556 - 576 of the Polish Act of 23 April 1964. - Civil Code.
- In accordance to the Polish Act of 30 May 2014 on consumer rights, the BUYER (a Consumer) has the right to withdraw from the contract of sale, without giving any reason, within 14 days of taking possession of the goods (from the date of delivery), by submitting to the STORE a written statement, according to the attached form sent by mail, fax or e-mail.
- In case of sending a statement by fax or e-mail, the written statement should be attached to the shipment of returned goods. In this case, the STORE will inform the BUYER immediately via e-mail about receiving the statement.
- Returned goods must be complete and must be in the state unchanged within the ordinary management, which means that the BUYER shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
- Returned goods should be sent back at BUYER’S own expense to the STORE immediately, but not later than 14 days from the date of the declaration of withdrawal. The STORE reserves the right to refuse an acceptance of items returned by the BUYER by cash on delivery.
- All payments made by the BUYER (a Consumer), including the cost of delivery of the goods to the BUYER, shall be reimbursed by the STORE immediately after checking the goods in the context of their compliance with the requirements described in point 4 above, and no later than within 14 days from the date of receiving the statement of withdrawal from the contract by the STORE.
- The BUYER is obliged to protect the returned goods from damage. In case of destruction or damage of the goods during transport, the STORE will prepare a report of damage, which is the basis for the claims against the carrier.
- According to the Polish Act of 30 May 2014 on consumer rights, the BUYER - CONSUMER is not entitled to withdraw from a contract inter alia in relation to contracts applied to: the non-prefabricated goods, manufactured according to the specifications of the Consumer or meeting his individual needs; the goods in a sealed package, which, after opening the package cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery; the goods being a sound recording or visual or computer programs delivered in a sealed package if the packaging has been opened after delivery.
- Complaints can be based on inherent defects in the goods at the time of their delivery to the BUYER. Complaints cannot concern the damage caused in particular due to improper interference of the BUYER, improper use of the goods by the BUYER, unauthorized repairs, changes and alterations.
- The STORE is the administrator of personal data as defined by the Polish Act of 29.08.1997 on the protection of personal data (version of 17.6.2002, Dz. U. Nr 101, poz. 926)
- The processing of personal data of BUYERS shall be in accordance with the rules generally applicable Polish law, in particular with the provisions of the Act of 18.7.2002 on the provision of electronic services (Dz.U. Nr 144, poz. 1204) and the Regulation of the Minister of Internal Affairs and Administration of 29.4.2004 on personal data processing, documentation and technical and organizational conditions which should be fulfilled by devices and systems used for the processing of personal data (Dz.U. Nr 100, poz. 1024).
- Application of personal data is voluntary, however, the lack of data may prevent or significantly impede the realization of the order.
- All personal data of Users collected by the Administrator shall be processed only to the extent and for the purposes necessary to execute the order.
- The processing of personal data for purposes other than those listed in paragraph 4 above (for instance for marketing purposes) occurs only upon BUYER's consent to the foregoing.
- The BUYER has right to access their personal data and the right to control the processing of the data contained in the data sets of the Administrator, in particular the right to demand the Administrator to complete, correct or update personal data, temporarily or permanently suspended or delete them if they are incomplete, outdated, incorrect or collected in violation of the law or they are no longer required for the purpose for which they were collected. The exercise of rights referred to in the preceding sentence may be done by sending such a request to the email address email@example.com or to the postal address of the STORE.
§ 10 The final provisions for the BUYERS (Entrepreneurs)
- The application of the contract is governed by Polish law.
- The exclusive jurisdiction on disputes arising from the contract belongs to the Polish courts.
- The court only applicable to the settlement of disputes, which the parties cannot resolve amicably, is a court of competent jurisdiction for the City Center in Wrocław (Wrocław-Śródmieście).
§ 11 The final provisions for all the BUYERS
- All company and product names mentioned are used for identification purposes only and may be trademarks of their respective owners.
- With the ordering BUYER agrees to the processing of personal data contained in the contract by Falter Sp. z o.o. based in Pniewy in accordance with the Act of 29 August 1997. (version of 17.06.2002r. Dz. U. No. 101, item. 926). BUYER shall have the right to access their personal information, ask for its rectification, addition or deletion.
- STORE has the right to:
- change the contents of the Terms and Condition of Sale ; the changes take effect on the day of being published on the website,
- change the prices and amount of the goods in the offer at any time,
- withdraw some of the goods from the offer,
- bring in new goods to the offer.
- These regulations take effect on 20.06.2016.