GENERAL TERMS AND CONDITIONS OF SALE
FOR CUSTOMERS OF NOVUM SP. Z O.O. SP.K.
Dear Customer,
Thank you for your interest in our Products. We invite you to read the general terms of sale of Products. The formula of these general terms of sale (hereinafter: "GCS") assumes the establishment of general terms and conditions under which orders for our Products will be placed, the conclusion and implementation of Sales Agreements concluded between us and you, including placing an order and concluding a Sales Agreement being the subject of our arrangements and possible subsequent orders and Sales Agreements, according to your needs. The purpose of the GCS is also to meet the information obligations towards consumers in accordance with the Act on consumer rights.
These GTS, in the event of a decision to cooperate, regulate in particular the rules on which the submission and acceptance of the order as well as the performance and settlement of the Sales Agreement will take place, including the issues of our liability. These conditions will apply in the absence of any other arrangement between us.
We invite you to read the GTS.
1) DEFINITIONS
1. CUSTOMER - (1) a natural person with full legal capacity , in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; (3) an organizational unit without legal personality, which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller.
2. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
3. GENERAL CONDITIONS OF SALE, GTS - these general conditions of sale.
4. PRODUCT - a movable item available in the company's offer, which is the subject of the Sales Agreement between the Customer and the Seller.
5. SELLER - NOVUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Szczytno (registered office and delivery address: ul. Bolesława Chrobrego 1, 12-100 Szczytno, POLAND); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000629962; registry court where the company's documentation is kept: District Court in Olsztyn, VIII Commercial Division of the National Court Register; VATID: 7451847179; National Business Registry Number: 365105992, e-mail address: export@novumgrom.com and contact telephone number: + 48 89 623 29 85, + 48 89 623 29 86.
6. PARTIES - the Seller and the Service Provider jointly in the event of concluding a Sales Agreement or establishing cooperation on the basis of these GTS.
7. SALES AGREEMENT - Product sales agreement concluded between the Customer and the Seller on the basis of these GTS.
8. CONSUMER RIGHTS ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
2) GENERAL PROVISIONS
1. Seller's contact details:
a. Correspondence address: ul. Gnieźnieńska 2, 12-100 Szczytno, POLAND;
b. e-mail address: export@novumgrom.com;
c. contact telephone number: +48 (89) 621-21-12
2. These GTS constitute the entire agreement between the Parties, unless the Parties agree otherwise. In particular, unless the Parties have agreed otherwise, the contract does not include general terms of sale, contract templates and regulations used by the Customer.
3. The lack of an explicit objection of the Party to any contractual templates other than the General Terms and Conditions of Sale, as well as the actual release of the Products or the performance of the service by the Seller, may not be interpreted as acceptance of other contractual templates than the General Terms and Conditions of Sale.
4. Failure of either party to exercise any right resulting from breach of contractual terms by the other party may not be interpreted as a waiver of such right.
5. After the GCS is accepted by the Customer, they apply to all orders placed by the Customer after that moment, until the content of the GTS is changed by the Seller and new rules of cooperation are proposed to the Customer, and except for the party to establish other rules of cooperation or implementation of a specific order, including the conclusion of a separate written agreement.
6. If the parties have concluded a separate written agreement, the provisions of this agreement shall take precedence over the provisions of these GTS. The parties may, in a separate agreement, exclude the binding force of the GTS in whole or in terms of their individual provisions, as well as change some provisions of the GTS, only in writing, under pain of nullity. Amendments or exclusions of the GTCS apply only to the given contract in which they were concluded.
7. These GTS are available, inter alia, on the Seller's website.
3) SUBMISSION OF AN ORDER, CONCLUSION OF A SALES CONTRACT
1. 1) You place an order for Products that you want to buy> 2) Based on the order, we prepare a tailored offer for you and present it to you for approval> 3) If the offer is accepted, the Sales Agreement is concluded> 4) In the case of additional arrangements, including comments to the offer or order submitted by each of the parties, the Sales Agreement is concluded when we reach an agreement on the issues being the subject of the arrangements.
2. After concluding the Sales Agreement, the Seller immediately confirms its conclusion. Confirmation of the conclusion of the Sales Agreement takes place in particular, for example, by sending by the Seller an appropriate email to the Customer's email address provided during the ordering process.
3. The Product price indicated on the website of the Online Store, in our offer submitted in response to your order or indicated during our arrangements (if they are carried out) is given in Polish zlotys and includes taxes. About the total price including taxes under the Sales Agreement, as well as the costs of delivery (including transport fees, in case the transport is not free), assembly and other costs, and if the amount of these fees cannot be determined - their obligation payment, you are informed in our offer or during the arrangements - always before concluding the Sales Agreement (i.e. before expressing your will to be bound by the contract).
4. Establishing cooperation, including placing an order by you, concluding a Sales Agreement and possible changes to it, may take place in accordance with applicable regulations: via the Online Store, in person at our headquarters, in writing, by email, by phone or fax.
5. The order should contain at least: name and surname (in the case of non-consumers - full name of your company and tax identification number), address, contact telephone number and contract data: Product / s, quantity of Product / s, delivery address, if different than the address of the ordering party and the address of installation of the devices. If some information is missing, we will ask you to complete it.
6. Regardless of the method of establishing cooperation, the Sales Agreement is always concluded in accordance with generally applicable regulations, in particular the Civil Code and the Consumer Rights Act.
7. The content of the concluded Sales Agreement is recorded, secured and made available to you by delivering these GTS prior to the conclusion of the Sales Agreement and the proof of purchase. In addition, depending on the method of establishing cooperation, the content of the concluded Sales Agreement may also be recorded, secured and made available to you in another way (e.g. by sending an e-mail or recording the arrangements in writing).
4) CONDITIONS FOR THE PERFORMANCE OF THE SALE AGREEMENT
1. Each Party has the right to withhold the performance of the still unfulfilled obligations under the Sales Agreement, if the other Party fails to perform any of its obligations under this Agreement. In such a case, each of the Parties has the right to designate an additional time limit for the performance of a given obligation to the other party, provided that in the event of ineffective expiry of this period, the party that appointed it will be able to withdraw from the Sales Agreement.
2. In the case of Products that are playgrounds, the execution of the design and notification of the construction of the playground to the relevant authorities, preparation of a safe surface, disassembly of old devices, shrubs, trees, preparation of the site is the responsibility of the Customer, unless otherwise agreed by the Parties prior to the conclusion of the Agreement. Sales.
3. In the case of Products being playgrounds, playground equipment is prepared for installation in the ground to a depth of about 60 cm. The customer is obliged to ensure that the area on which the playground is to be installed is free of obstacles such as: rubble, concrete, fragments of foundations, electrical, plumbing and other installations.
4. In the case of devices that require concreting (e.g. swings, gymnastic bars, etc.), the Customer is obliged to ensure that they are made available for use not earlier than 7 days after installation.
5. A Product that is a sandbox or a Product partially composed of a sandbox does not include sand.
6. Until the payment for the delivered Products is settled, the goods remain the property of the Seller (Art. 589 in conjunction with Art. 590 of the Civil Code).
5) CONTACT US
The main form of ongoing distance communication with you is electronic mail (e-mail) and telephone, through which you will exchange information regarding the Sales Agreement with us. We also invite you to contact us in writing or in person. Our contact details can be found on our website.
6) METHOD AND DATE OF PAYMENT
1. The method and date of payment is each time determined by the Parties before concluding the Sales Agreement. The standard methods and terms of payment are presented below, which are available in the absence of other arrangements between the Parties.
2. The Product price is given in Euro and does not include taxes.
3. We provide the following payment methods:
a. Payment by bank transfer to the Seller's bank account (prepayment).
b. Payment by bank transfer to the Seller's bank account (based on an invoice with the payment date previously agreed by the Parties).
4. Payment term:
a. In the case of prepayment, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
b. In the case of payment on the basis of a VAT invoice with the payment date agreed in advance by the Parties, the Customer is obliged to make the payment within the agreed period.
5. The date of payment shall be the date on which the funds are credited to the Seller's bank account
6. If the Customer is in delay with the payment of the price under the Sales Agreement, the Seller reserves the right to designate an additional payment date for the Customer as well as postpone the installation date until the payment is settled, in accordance with the concluded contract.
7. In the absence of a contrary indication of the Customer, the Seller is entitled, to the maximum extent permitted by law, to credit (record) the Customer's payments first to the account of the Customer's earlier unpaid obligations towards the Seller under previous Sales Agreements.
7) DELIVERY
1. The method, date and cost of delivery are each time agreed by the Parties before shipment. We comprehensively organize transport to the place indicated by the Client. However, the full cost of transportation is borne by the Customer.
2. The customer is obliged to collect the finished product within 2 weeks of packing it. After this time, storage costs will begin to accrue.
3. If a different date has not been agreed before the conclusion of the Sales Agreement, the date of delivery of the Product to the Customer is up to 14 business days. The start of the period for delivery of the Product to you is counted as follows:
a. In the case of prepayment - from the date of crediting the Seller's bank account or settlement account.
b. In the case of payment on the basis of an invoice with a payment date previously agreed by the Parties - from the date of the Sale Agreement.
8) COMPLAINTS
1. The basis and scope of our liability towards you, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code.
2. The terms of the Guarantee we provide are included in separate General Warranty Conditions.
3. We are obliged to deliver the Product without defects.
4. Complaints under the guarantee should be submitted by e-mail to the following e-mail address: export@novum.grom.com or in writing to the following address: ul. Gnieźnieńska 2, 12-100 Szczytno.
5. The complaint should include:
a. a copy of the signed warranty card and a document confirming the purchase;
b. exact address of the place of installation of the device;
c. a detailed description of the reported defect;
d. photo documentation;
e. contact details of the person supervising the case on the part of the entitled person (telephone number, e-mail address).
Compliance with the above requirements will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requested replacement of the item or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that he considered this request justified.
8. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9) WITHDRAWAL FROM THE CONTRACT
1. The right to withdraw from a distance contract is not available to the consumer in relation to contracts (1) where the subject of the service is an item that is perishable or has a short shelf life; (2) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (3) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (4) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery; (5) which the consumer has expressly requested that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items and (6) to contracts for the provision of services if the Seller has fully provided the service with the express consent of the consumer, who was informed prior to the commencement of the service that he will lose the right to withdraw from the contract after the Seller has performed the service.
2. Subject to 9 point 1 of the GTCS, a consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the direct costs of returning the goods. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example: in writing to the following address: ul. Gnieźnieńska 2, 12-100 Szczytno or in electronic form via e-mail to the following address: pomoce@novumedukacja.pl. In the attachment no. 1 You will find a model withdrawal form contained in Annex 2 to the Act on consumer rights of May 30, 2014.
3.The period for withdrawal from the contract begins for the contract in which the Seller issues the item, being obliged to transfer its ownership - from taking possession of the item by the consumer or a third party designated by him other than the carrier, in the case of a contract which: (1) includes many items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part, or (2) consists in the regular delivery of items for a specified period of time - from taking possession of the first item. For other contracts, the period for withdrawal from the contract begins from the date of conclusion of the contract.
4. If the consumer exercises the right to withdraw from the contract after submitting a request in accordance with Art. 15 sec. 3 and art. 21 sec. 2 of the Act on consumer rights of May 30, 2014, is obliged to pay for the services provided until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
5. The provisions concerning the consumer contained in this point 8. The GCS shall apply from January 1, 2021 and for contracts concluded from that date also to the Customer who is a natural person concluding a contract directly related to his business, if the content of this contract indicates that that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
10) FINAL PROVISIONS
1. Agreements concluded with the Seller are concluded in English.
2. The Seller reserves the right to amend the GCS for important reasons, that is: changes in the law; significant changes in the range of products sold and services provided, payment methods - to the extent to which these changes affect the implementation of cooperation between the parties. 3. In the case of concluding on the basis of these GTS contracts of a continuous nature (e.g. permanent cooperation), the amended GTS shall be binding on the Customer if the requirements specified in Art. 384 and 384 [1] of the Civil Code, that is, the Customer has been properly informed about the changes and has not terminated the contract within 15 calendar days from the date of notification. In the event that the amendment to the GCS would result in the introduction of any new fees or an increase in the existing fees, the Customer has the right to withdraw from the contract.
4. In the event of concluding on the basis of these GTS contracts of a different nature than continuous contracts (e.g. Sales Agreement), the changes to the GTS will not in any way infringe the rights acquired by customers before the effective date of the changes to GTS, in particular changes to the GTS will not affect Orders already placed or placed and Sales Agreements concluded, implemented or performed.
5. If any of the provisions of the GTCS turns out to be invalid in whole or in part, the remaining provisions shall remain in force, and the Parties undertake, at the request of any of them, to replace the invalid provisions with provisions whose legal force and economic effect are closest to the replaced provisions.
6. In matters not covered by these GTS, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); The Consumer Rights Act and other relevant provisions of generally applicable law.
Attachment number 1 to the GTS
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT (ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
- Recipient:
NOVUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA
ul. Bolesława Chrobrego 1, 12-100 Szczytno
export@novumgrom.com
- I / We (*) hereby inform / inform (*) about my / our (*) withdrawal from the Sales Agreement for the following items (*) contract for the supply of the following items (*) contract for specific work involving the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the form is sent in paper version)
- Date
(*) Delete as appropriate.