General terms and conditions of purchases of Egerton Sp. z o. o.
(hereinafter referred to as the Regulations, Terms and Conditions, GTC)
These Terms and Conditions define the basic rules regarding the provision of services and the conditions for concluding a sales contract with Egerton sp. z o.o. As the company's offer is addressed to non-consumer entities, and the sales contract itself is concluded on B2B terms, the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) do not apply to these regulations. as well as the provisions on consumer sales contained in the Act of April 23, 1964, the Civil Code.
Table of Contents:
§2. Contact with the seller
§3. The ordering process
§4. General Terms and Conditions
§5. Seller's Responsibilities
§7. Buyer Responsibilities
§8. Responsibility of the parties
§9. Personal data
§10. Copyright and Intellectual Property Rights
§11. Final Provisions
Whenever these Regulations refer to:
1) The Seller means Egerton Sp. z o. o. with its registered office in Zabrze, at ul. Legnicka 21, 41-811 Zabrze, NIP 6482773837, entered into the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, KRS No. 0000552481.
2) Buyer means an entity that is not a consumer pursuant to art. 221 of the Civil Code
3) Working days, it means days from Monday to Friday, excluding public holidays.
4) Regulations, it means these regulations
5) A courier company is understood as a professional entity that, as part of its business activity, provides the service of transport and delivery of goods.
6) Conclusion of the contract is understood as the conclusion of the sales contract, which takes place at the moment of accepting the regulations and confirming the order data by entering the hyperlink sent in the order confirmation.
7) Payment date, it means the date on which the purchase price paid by the buyer is to be credited to the Seller's account
§2. Contact with the Seller
1) Contact with the seller is possible via
− by e-mail, by sending an e-mail to email@example.com
− traditional mail, to the address of Egerton sp. z o.o., ul. Legnicka 21, 41-811 Zabrze
− by phone, at the number: 32 307 00 98 from 7:30 a.m. to 3:30 p.m.
1) The sales contract may be concluded using the contact details indicated in §2 by submitting by the customer an unambiguous declaration of will to purchase products offered by Egerton, indicating their quantity and features enabling the Seller to distinguish them from the entire range.
2) A declaration of will may also be submitted via the ICT system, i.e. the Seller's website.
3) After submitting the declaration of intent, the Customer will be sent an e-mail containing the order confirmation and the regulations, as well as a hyperlink, the use of which (by entering the link) constitutes the confirmation of the order.
4) The sales contract is concluded when the order is confirmed on the website. From that moment, the obligations of the parties specified in § 5 and § 6 are in force. The moment of confirming the order is the moment of concluding the sales contract. At the same time, the parties at the bidding stage are obliged to keep negotiations secret, in particular as to the key parameters of the subject of the contract, such as price, technical specification, product photos.
5) The possibility of concluding a contract with the Seller by a natural person who does not run a business (consumer) is excluded. In the event of untrue data specified in § 3, all liability in this respect rests with the buyer.
6) The price specified on the website until the conclusion of the contract is not an offer pursuant to art. 66 of the Civil Code, constitutes only an invitation to conclude a contract in accordance with Art. 71 of the Civil Code.
7) The price specified on the website is specified in PLN.
8) The Seller may post on the Product Page or in the offer information on the number of working days within which the shipment with the subject of the order will be sent. The indicated information is an approximate time counted from the moment of accepting the order for execution until the moment of sending the subject of the order to the Customer via a courier company. The order fulfillment time is given taking into account the date of completion of all ordered products. The Seller stipulates that the delivery date is only indicative and exceeding the above-mentioned the deadline will not give rise to the Buyer's right to withdraw from the contract.
9) If the Buyer orders several types of products, the shipping time, which is the longest of these products, should be suggested.
10) Payment methods will be specified by the Seller each time. The seller allows payment only by bank transfer. Prepayment may be required to complete your order. In certain cases, the Seller allows deferred payment up to 30 days from the date of delivery. Each time the payment date will be specified on the VAT invoice.
11) The buyer accepts the issuing of invoices by the seller electronically. It is possible to cancel the above-mentioned at any time. consent.
12) The seller reserves the right to withdraw from the order in the event of untrue information referred to in §3 section 2, as a result of non-payment or as a result of other circumstances attributable to the seller and the buyer.
13) If you order products with different expected delivery dates, the goods will be delivered according to the longest date. However, delivery dates are indicative and subject to change.
§4. General Terms and Conditions
1) The conclusion of the sales contract takes place at the time of placing the order.
2) The Seller declares that he is the owner of the object of sale. Therefore, the items offered by the Seller are free from legal defects.
3) The Seller declares that the subject of the agreement is in stock or in the absence of the subject of the agreement in stock, the Seller shall immediately place an order directly with the manufacturer. Lack of the product in stock does not entitle the Buyer to withdraw from the contract.
4) Liability under the warranty is excluded between the parties. Liability for non-performance or improper performance of an obligation
is limited to the value of the contract of sale.
5) Due to the fact that the sale between the parties is a sale between professional entities, the Buyer does not acquire the right to withdraw from the contract concluded off-premises within 14 days from the date of receipt
subject of the contract.
6) Unless the warranty card has been delivered to the Buyer, any complaint about the product may only concern its defects in transport.
In this case, the Buyer is obliged to complete the relevant protocol of the Carrier, which will be indicated to him by the Seller.
7) At the time of placing the order, the Buyer is obliged to provide the delivery address. The delivery address cannot be changed once it has been communicated to the company
courier service, and a possible change may involve an additional fee.
8) In the event of a delay in payment, the Seller may charge compensation in accordance with the Act on Counteracting Excessive Delays in Commercial Transactions.
9) An order consisting of various goods with different delivery times is delivered after completing the whole, i.e. after the longest of the given times.
10) The Seller reserves the right to make changes to the construction or specification of the subject of the contract, if these changes result from technical progress
1) The equipment purchased on the website is delivered via a courier company
2) Shipping costs may not be included in the product price shown on the website and in this case may be added at later stages of the order. However, the cost of the product is included in the VAT invoice.
3) The scope of delivery services includes a transport service to the indicated building. Pursuant to a separate agreement, it is possible to extend the delivery service by bringing in, installing equipment and training the staff.
4) The Seller shall not be liable for any damage in transport. In this regard, the Buyer is obliged to comply with the complaint procedure provided by the carrier, under pain of losing the possibility of replacing the equipment.
5) If the complaint procedure is followed and the compensation paid by the carrier to the Seller, the Buyer acquires the right to claim replacement of the equipment with a new one.
§6. Seller's Responsibilities
1) The Seller is obliged to ensure that the items offered on the website are free from defects.
2) The seller is obliged to hand over the item. The release of the item is fulfilled when the purchased item is handed over to the transport company. From that moment, the benefits and risks associated with the item, including the risk of damage or accidental loss of the item, lie with the buyer.
3) The seller undertakes to provide the user manual provided by the equipment manufacturer and, if necessary, provide additional instructions regarding the characteristics of the purchased product.
4) The Seller is not obliged to collect parcels sent to him on delivery. Any returns accepted by the Seller related to
warranty liability, previously agreed by e-mail, are performed at the buyer's expense.
§7. Buyer Responsibilities
1) The buyer is obliged to pay the price, which consists of the cost of the product and the cost of delivery.
2) Performing any activities during the execution of the order, as well as after its execution on behalf of a legal person, is subject to the demonstration of sufficient authorization to represent a given person.
3) In the event of noticing product defects that may have arisen at the time of delivery, the buyer is obliged to check the load in the presence of the courier and report the damage to the driver, in accordance with the procedures applicable to the carrier, under pain of not being able to complain about defects caused during transport.
4) The buyer is obliged to use the equipment in accordance with its intended use, as well as with the manufacturer's and seller's assurances.
5) Any defects or inaccuracies in the delivered products should be reported immediately to the seller.
§8. Responsibility of the parties
1) Considering the professional nature between the parties, the seller's liability under the warranty is excluded.
2) The seller's liability under the guarantee is 12 months from the date of purchase and depends on issuing the guarantee card to the Buyer and signing the guarantee document by the Buyer.
3) Detailed warranty conditions are specified in the warranty card.
4) The seller does not provide for the possibility of returning unused goods within 14 days from the receipt of the order, and in this respect the buyer's right to withdraw from the contract is excluded. Returns of goods resulting from the guarantee are regulated by a separate document, which is the guarantee card.
5) Notwithstanding the provisions set out in the warranty card, the loss of warranty rights is related to the action specified in section 8).
6) The seller is not responsible for delays caused by the carrier, in this respect any liability of the seller for damages is excluded.
7) The Seller is not in default in the event of delays referred to in the point above. The seller is also not in default when any delays result from force majeure, understood as a future event that the parties could not have foreseen at the time of concluding the contract, in particular fire, epidemic, flood, state of emergency, strike, military action or other events of a similar nature.
8) The buyer is responsible for improper use of the product, in particular through self-assembly of some components, self-modification, or installation inconsistent with the seller's recommendations or instructions. In this respect, any liability of the seller is excluded
§9. Personal data
1) The administrator of Personal Data is Egerton Spółka z ograniczoną odpowiedzialnością with its registered office in Zabrze, 41-811, at ul. Legnicka 21, REGON
361216648, KRS 0000552481
2) Personal data processed using this website are processed in accordance with applicable regulations, in particular with the General Regulation on Personal Data of April 27, 2016.
1) Photos, promotional materials, catalog materials, product descriptions contained on the website are works pursuant to Art. 1 of the Act of February 14, 1994 on copyright and related rights
2) The Seller declares that he is entitled to proprietary copyrights to the work in the field of exploitation: processing, reproduction, use as part of business activity, recording, use for advertising purposes.
3) Infringement of the above copyrights, in particular by using them without the knowledge of the Seller, in a commercial manner or acting to the detriment of
The Seller will be charged with a contractual penalty in the amount of PLN 10,000 (say: ten thousand zlotys) for each breach.
4) The above contractual penalty is charged in particular (but not exclusively): the use of photos, descriptions, folders and other promotional materials
the Seller, unauthorized transfer and sharing of the Seller's documentation regarding the subject of the contract to third parties, including entities
public, illegal use of promotional materials for own business purposes.
5) The contractual penalty provided for in section 3 does not limit the obligation to repair the damage, including the obligation to return lost profits, on general terms. Considering the above, the Seller is entitled to claim damages exceeding the contractual penalty on general terms.
§11. Final Provisions
1) The content of the regulations along with the date of publication are visible at any time on the website at www.egerton.pl.
2) In matters not covered by these regulations, the provisions of Polish law shall apply. In the event of non-compliance of the provisions of the regulations with the above-mentioned generally applicable regulations take precedence.
3) The Polish language is binding for the interpretation of contractual provisions and equipment specifications.
4) Each placed order constitutes a separate sales contract and requires separate acceptance of the regulations.
5) Disputes arising from contracts concluded on the basis of these regulations are subject to the jurisdiction of Polish courts and will be resolved in accordance with Polish law.
6) Agreements concluded on the basis of these regulations are concluded in Polish.