General terms of sale (hereinafter referred to as “GTS”) define the rules for concluding contracts for the sale of goods offered by EW INVEST Eryk Wiśniewski with its registered office in Pyrzyce, ul. Warszawska 95, NIP 9551477292 (hereinafter referred to as the “Seller”).
The GTS apply to every sale transaction between the Seller and the Buyer and constitute a complete regulation binding the parties in the scope of the sale of products by the Seller.
The GTS are made available to the Buyer on the website www.ew-invest.com and at the Seller’s office. The obligation to familiarize yourself with the GTCS lies with the Buyer. The Buyer cannot plead ignorance of the GTS.
The conclusion of a separate sales contract excludes the application of these GTS only to the extent otherwise regulated in the sales contract.
If the Buyer remains in permanent business relations with the Seller, the acceptance of the GTS at the first order shall be deemed to be their acceptance for all other orders and sales contracts.
Any deviation from the application of these GTS requires a written form and the consent of the Seller.
The order should be placed in one of the following forms:
name, VAT number and address of the Buyer, indication of the contact person and his telephone number;
type (index) and quantity of ordered products;
specifying the method of collection/delivery;
place and expected date of delivery,
agreed price conditions (discounts, offers, etc.)
Method of payment,
company stamp and signature of the person authorized to place orders,
name and surname and telephone number of the person authorized to collect the products,
indication of the offer or price list number,
declaration of reading and accepting the GTS.
In the case of an order with the delivery of products, the Buyer is obliged to ensure the access of trucks to the place of unloading.
Any additions or changes to the order require a written form. Errors in the content of the order and the resulting consequences are borne by the Buyer.
The delivery date indicated in the order is only approximate, and exceeding it does not entitle the Buyer to make a claim for damages.
Sales and deliveries
The contract is concluded when the Seller accepts the order for execution. In the event of refusal to accept the order for execution, the Buyer will be informed in the same form in which he placed the order.
The conclusion of the sales contract is confirmed by the invoice with the WZ document.
The prices of the products offered by the Seller are contractual prices, whereby the price from the offer or the price list constituting the basis for the order is binding.
Payment for the issued products will be made within the period specified in the invoice. Payment for the issued products will be made within the period specified in the invoice.
The place of payment of the price is the seat of the Seller. The bank account number is indicated on the invoice.
The beginning of the period for payment of the price is the day of issuing the invoice.
The payment is deemed to have been made on the day the funds are credited to the Seller’s bank account.
The sold products remain the property of the Seller until the Buyer pays their price in full.
Filing a complaint does not release the Buyer from the obligation to pay for the goods within the agreed period.
In the event of unpaid payments and/or exceeding the trade credit limit, the Seller may suspend the acceptance of the order placed by the Buyer for execution until the Buyer pays the amount due.
In the event of late payment, the Seller shall charge statutory interest for delay in commercial transactions. The Buyer’s payments made after the payment date indicated on the invoice will be credited by the Seller in the first place towards interest, and only after their payment – towards the repayment of the principal amount due. At the request of the Buyer, the Seller may waive the obligation to pay interest.
Deliveries of goods by transport organized by the Seller will be carried out only if the place of delivery is accessible by means of transport. If it is not possible to unload at the place of delivery, the goods will be transported at the expense of the Buyer to the place of unloading indicated by him, if the place is not indicated, the goods will be returned to the Seller and the Buyer will be charged with transport costs.
The Buyer or persons authorized by him confirm the receipt of the goods by affixing a legible signature and date on the WZ documents.
The buyer is obliged to immediately upon receipt of the goods check the conformity of the ordered goods in terms of quantity and quality and compliance with the order. Any reservations should be entered by the Buyer on the WZ document. The Seller shall not be liable for any possible assembly of the products without checking the quality and compliance with the contract.
At the time of picking up the ordered goods, the recipient should have an authorization issued by the Buyer, which should include the driver’s name and surname, ID number, vehicle registration number, order number and Buyer’s signature.
The Seller reserves the right to change the dates of deliveries and execution of orders in the event of force majeure, e.g. such as: exceptional weather conditions affecting the ability to conduct production activities, fires, floods, strikes, power outages, transport difficulties and other events that would prevent the Seller from fulfilling the order.
The Seller grants a guarantee for the manufactured products for a period of 3 years from the date of sale. The parties exclude the Seller’s liability under the warranty.
The Seller assures the Buyer of the good quality of the products offered for sale and their compliance with the applicable reference documents.
Any complaints should be reported by the Buyer to the Seller immediately after receiving the goods, no later than within 3 days from the date of finding the defect. Complaints regarding the quantity of delivered products will not be taken into account if there are no reservations in this respect on the WZ document.
The complaint should be submitted in writing and include the following information: Buyer’s data, date of sale, invoice number and WZ document number, assortment, quantity, label with the batch number, description of defects, place of investment, photographic documentation. The template of the document – “Notification of complaint” is available on the Seller’s website.
The Seller will consider the complaint reported correctly, within 14 days from the date of notification.
After the complaint process is completed, the Seller will inform the Buyer in writing about the method of considering the complaint.
The goods under complaint should be secured by the Buyer until the complaint is considered and made available to the Seller for inspection and sampling at the Seller’s request.
The Seller shall not be liable for damages caused by faulty storage of goods and improper use by the Buyer, as well as for execution and design errors of third parties. The seller is also not responsible for losses resulting from incorrect transport or damage to the goods that occurred as part of self-collection.
If the complaint is accepted, the Seller undertakes to repair the defective products or to replace the defective products with defect-free products at its own expense within a period agreed with the Buyer, but not shorter than 30 days. If the replacement of the products is impossible or involves the Seller having to incur additional expenses, the Seller may refuse to replace the products and return the appropriate part of the price to the Buyer.
If the complaint turns out to be unfounded, the costs of the complaint procedure shall be borne entirely by the Buyer.
The Seller’s warranty liability is limited to the price of the products sold and is limited to actual damages only.
The Seller reserves the right to make changes to the content of the GTCS, about which he will inform the Buyer 2 weeks before the date of their entry into force.
In matters not covered by the provisions of these GTS, the provisions of Polish law, in particular the provisions of the Civil Code, shall apply.
The Buyer acknowledges that in accordance with the applicable provisions on the protection of personal data, his personal data may be stored and processed by the Seller for the purpose and to the extent necessary to service and perform the concluded contract. Providing personal data is voluntary and related to the conclusion and performance of the Agreement. The buyer has the right to access their personal data and correct them.
If individual provisions of these GTS turn out to be ineffective or invalid, this fact will not affect the validity and effectiveness of the remaining provisions. In such a case, the parties undertake to adopt such provisions that will reflect the prior will of the parties.
The court competent to settle any disputes will be the competent court in Szczecin.