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Conditions of sale
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Conditions of sale INTERNET STORE STANDARD TERMS AND CONDITIONS OF SALE
§ 1. [Application]
  1. The present Terms and Conditions of Sale apply to contracts with Technika/Aerotechnika Jerzy Domicz (Seller), address and residence in Poznań (61-315), ul. Pokrzywno 8, NIP: 782 000 08 18, REGON: 008243937, Poznań EDG entry number: 02828/89.
  2. Unless stated otherwise, terms with capital letters in the present internet store Terms and Conditions of Sale signify::
    1. "Article(s)": goods sold by Seller (detailed specification is provided on the Website)
    2. "Terms and Conditions of Sale": the present document
    3. "Website": www.domicz.com.pl/sklep/
    4. "Buyer(s)": persons who have purchased or intend to purchase Article(s) from Seller through Website
    5. "Order": an offer to purchase made by Buyer to Seller through order form provided on the Website
    6. "Business Days": days from Monday to Friday excluding all national holidays.
  3. The present Terms and Conditions of Sale apply to contracts with Buyer(s), either legal persons or natural persons. The Terms and Conditions of Sale apply to individuals in compliance with consumer protection laws. Stipulations § 3 par. 3, § 4 par. 3, § 6 par. 2, § 7 par. 14 and § 9 par. 1 and 5 of the present Terms and Conditions of Sale in particular do not apply to consumers.
§ 2. [Contract]
  1. Any Order made by Buyer through Website supposes the agreement to the present Terms and Conditions of Sale and constitutes an offer to purchase, in accordance with article 66 § 1 of the Civil Code.
  2. Contract becomes valid after Seller has confirmed the Order, in accordance with § 3 par. 4 of the present Terms and Conditions of Sale.
§ 3. [Order]
  1. Orders can be placed exclusively via e-mail by sending the Order Form provided on the Website.
  2. If Seller receives the Order, Buyer shall receive Confirmation of Order by e-mail
  3. Seller, within seven (7) Business Days after receiving the Order, has the right to change the conditions of the Order defined by Buyer and must notify Buyer by e-mil. In such case, sale of Article(s) will take place under the conditions modified by Seller, unless Buyer, within seven (7) Business Days, objects to the these modifications. Seller has the right to reject the Order if the Buyer objects to the modifications in the Order.
  4. Each Order must be confirmed by Seller by e-mail. Confirmation may take place before the fulfillment of the Order.
  5. If Seller does not confirm the Order within four (4) Business Days, the Order has been rejected.
§4. [Order fulfillment]
  1. Seller fulfills the Order on the basis of the information provided by Buyer in the Order Form.
  2. Unless both parties decide otherwise, the fulfillment of the Order shall take no sooner than three (3) Business Days after Seller confirmed the Order.
  3. Any delay in Seller′s performance of fulfillment or delivery will not be considered a breach if such delay is caused by labor dispute, acts of government, delivery problems, delayed, faulty or incomplete delivery of materials ordered from subcontractors or producers, power shortage or similar difficulties, fire, accidents, flood or other event beyond the control of such party (force majeure).
  4. In the event of delay or failure to fulfill the Order, Seller shall notify Buyer by email. Buyer has then the right to either withdraw from the contract or to negotiate a new, convenient for both parties, date of fulfillment of the Order.
  5. If the Order is rejected, the shipping or delivery of the Article(s) is suspended or delayed, Seller shall notify Buyer by email.
§ 5. [Shipping and Delivery]
  1. Seller will deliver the Article(s) to the venue indicated in the Order Form, either within or outside Poland.
  2. Buyer indicates preferred shipping option of the Article(s) in the Order Form.
  3. If Buyer chooses to collect the Article(s) him/herself, Buyers must collect the Article(s) and make the payment in the venue indicated in the confirmed Order, either Seller′s store or warehouse. Buyer must collect the Article(s) no later than seven (7) Business Days after sale date, as indicated in the confirmation of the Order.
  4. If Buyer chooses the option ′delivery′, the Article(s) shall be delivered to the place indicated by the Buyer and Buyer shall be charged accordingly. The shipping charge will be added to the price of the Article(s) and displayed in the Confirmation of the Order. The fee shall include delivery and handling of the Article(s), particularly non-standard packing costs, insurance, transportation, loading and unloading.
  5. Seller chooses the carrier.
  6. Seller shall not be liable for any loss of or damages to the Article(s) after it has been delivered to Buyer, i.e. after it has been handed over either to the Buyer at the place indicated in the confirmed Order or to the carrier. Seller is not liable for any loss, damage or destruction of the Articles after the Article(s) leaves Seller′s warehouse.
  7. The person to collect the Article(s) on behalf of the Buyer is presumed to have full powers to do so. Buyer is bound to authorize the proxy both to collect the Article(s) and to complain.
§ 6. [Non-compliance and defect notification]
  1. Immediately on delivery Buyer must inspect if the Article(s) complies with the Order.
  2. On delivery Buyer must check if the quantity of the Article(s) complies with the Order. If there are no objections, the Article(s) has been considered as complied. No claim for quantity non-compliance will be allowed afterwards.
  3. On delivery Buyer must inspect the Article(s) to check if it complies with the Order and if the Order is complete, including all parts and documents.
§ 7. [Warranty]
  1. Subject to the terms herein below set forth, Seller warrants the Article(s) for twelve (12) months from date of shipment.
  2. The warranty shall be effective only if the Article has defects in materials.
  3. Buyer must notify Seller about any claim of defect in writing (by registered post) during the warranty period, no later than within fourteen (14) days after becoming aware of the alledged defect.
  4. The complaints procedure starts when Seller receives defect notification and the defective Article(s), in compliance with the provisions of the following paragraph.
  5. The complaint must include:
    1. precise and detailed description of the defect of the Article(s), inculding the description of circumstances in which the defect first appeared
    2. original document certyfing the Article(s) has been collected by the Buyer
    3. original document certyfing the Article(s) has been sold to Buyer
  6. Buyer must deliver the defective Article(s) to Seller with all parts and elements, especially the package and documents.
  7. Seller will notify Buyer in writing whether or not the claim of defect is valid within 14 days after the date of delivery of the Article(s). If the claim of defect is valid, Seller will repair or replace the faulty element(s).
  8. Seller shall replace or repair the defective Article(s) within 14 days from the date the Seller determined the Article(s) defective.
  9. If Seller determines the claim of defect of the Article(s) not valid, Seller shall charge Buyer with all costs connected with the claim, including fees for diagnosis and expertise.
  10. All defects shall be repaired at the expense of Seller if Buyer notifies Seller during the applicable warranty period as per paragraph 3 above.
  11. Seller shall have the right to reject the claim of defect, especially if:
    • full payment for the Article(s) has not been made,
    • the Article(s), or any of its parts, has been subject to alterations or exchange by Buyer or any party other than Seller,
    • the Article(s) has been repaired or altered outside of Seller′s factory,
    • the Article(s) has been subject to misuse and misapplication,
    • worn-and-torn parts which are not covered by warranty should be replaced.
  12. Warranties provided above will not apply to any Article if Seller′s seal has been removed from the Article(s).
  13. The foregoing warranties are exclusive and in lieu of all other warranties. No statutory warranty shall aplly, in accordance with the provisions of the consumer sales law regarding consumer rights in the event of non-compliance with the contract.
§ 8. [Terms and methods of payment]
  1. Methods of payment:
    1. money transfer in EURO to either of the following bank account prior to dispatch of goods: Raiffeisen Bank Polska S.A. w Warszawie O. w Poznaniu, 33 1750 1019 0000 0000 0707 5626 SWIFT No: RCBWPLPW
    2. money transfer in PLN to either of the following bank account prior to dispatch of goods: Bank Pocztowy SA O/Okr. w Poznaniu, 41 1320 1016 2121 0925 2000 0004
    3. cash payment if the Buyers collect the Article(s) themselves directly from the Seller,
    4. cash on delivery to the carrier (currier)
  2. Seller may negotiate with Buyer other, individual conditions and methods of payment. In such case new conditions and methods of payment indicated in the Confirmation of the Order, for example hire purchase, are applicable.
  3. In no event shall Buyer delay payment or deduct any amount from the amount due. Transfer of debt to other entities than Seller may take place only after Seller has consented and confirmed in writing otherwise null and void.
§ 9. [Final resolutions]
  1. Polish law is applicable to all contracts made according to the provisions herein contained (Terms and Conditions of Sale).
  2. Buyer must inform Seller promptly about: change of postal address, e-mail address and other data from the contact form. If Buyer neglects to notify Seller, all correspondence sent to the address from the contact form shall be considered as delivered.
  3. From the moment the Order is placed until it is completed and delivered, Buyer is responsible for making sure the email box is active and operational.
  4. Provisions of these Terms and Conditions of Sale shall remain in full force and effect even if the contract has been negotiated, unless parties decide otherwise.
  5. Buyer and Seller agree to comply with all applicable laws, rules and regulations relating to these Terms and Conditions of Sale and the Article(s). All and any disputes arising out of this contract shall be settled by Sąd Powszechny in Poznań.
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