Terms and conditions
General Terms and Conditions of Sale at Albeco sp.z o.o.
These Regulations apply to contracts for the sale of goods concluded between: Albeco Sp. z o.o. with its headquarter address in Plewiska, ul. Południe 71, registered in the Register of Entrepreneurs kept by the District Court in Poznań, XXI Commercial Division of the National Court Register under number 0000065512, with a share capital of PLN 200,000 ("Albeco"), and natural persons purchasing goods from Albeco for purposes unrelated to the conducted activity business and business entities ("Customer").
§ 1 SALES AGREEMENT
1. The purchase offer may be submitted in the form of an order placed in writing, via fax, e-mail or via the Albeco website in an implied form by selecting a specific product directly in the Albeco store and submitting a statement to the store employee.
2. Albeco is not responsible for the incorrect interpretation of information and technical data contained in catalogs, prospects, website and other materials that have been received or obtained by the customer. Any suggestions, advice and indications of Albeco, the customer uses at his own risk, and Albeco is not responsible for any damage arising in connection with the use of this information by the customer.
3. The sales contract is concluded upon confirmation of the order by Albeco or upon Albeco's implementation of the purchase offer submitted by the Customer. By submitting a purchase offer, the Customer agrees to include the content of the Regulations in the contract. The provisions of the Regulations do not infringe the mandatory provisions of law, in particular the provisions of the Act on special conditions of consumer sales.
§ 2 ORDERS
1. Orders placed by the customer Albeco constitute a declaration to purchase goods.
2. Albeco has the right to change the terms of the order specified by the customer within 2 days of receiving the order. In this case, the sale of goods will take place in accordance with the terms of the order changed by Albeco, unless the customer objects to these changes within 1 day from the date of receipt of the order changed by Albeco, while presenting the changed order. Customer's objection to the change by Albeco of the terms of the order authorizes Albeco to refuse to accept the customer's order for these goods.
3. Albeco has the right to make changes to its products without notifying the customer, including the products that are the subject of the order, as long as this change does not change the technical parameters of the product.
4. The customer's order must be confirmed by Albeco if the order was placed via the website or when the customer indicates such a necessity in the order. Other orders do not need to be confirmed.
§ 3. COMPLETION OF THE ORDER
1. Orders for goods available from the warehouse placed by 3:00 pm are processed on the same day without additional payment.
2. Orders for goods available from the warehouse placed between 3:00 pm to 6.00 pm may ordered with the same day despatch for an additional fee of PLN 8 net. The delivery date is not guaranteed. This option is dedicated for deliveries in Poland only.
3. Albeco's delay in delivering the goods to the Customer does not give rise to any claims for damages or the right to withdraw from the contract.
4. Albeco is not responsible for the delay in the performance of the contract caused by force majeure and circumstances beyond the control of Albeco, in particular in the event of: strike, obstacles in transport, delayed, defective or incomplete supplies of materials ordered from a sub-supplier or manufacturer, interruptions in the supply of electricity or similar difficulties in the Albeco company, sub-suppliers or producers.
5. If in the performance of the order, Albeco will have to import goods from another city or from abroad, which may result in additional costs of delivery of goods, Albeco will inform the customer about such necessity. The provision of § 2 section 2, second and third sentences of the Regulations shall apply accordingly.
§ 4. DELIVERY AND RECEIPT OF GOODS
1. If the place of delivery of the goods is not specified in the confirmed order, Albeco will indicate the place to the customer before the agreed date of receipt. In the event that neither of the Parties indicates the place of receipt of the goods, the release will be made from Albeco's warehouse located in Plewiska, on ul. Południowa 71.
2. It is presumed that the person receiving the goods on behalf of the Customer is authorized to do so. The customer undertakes to each time authorize his representative collecting the goods both to collect the goods and to report any reservations in this regard.
3. In the event of the Customer's delay in collecting the goods, Albeco may charge a contractual penalty in the amount equal to 0.1% of the value of the unclaimed goods for each commenced day of delay.
4. If the place of delivery of the goods is specified in the confirmed order, Albeco will deliver the goods to the Customer by the carrier (courier). All costs related to the shipment of the goods (in particular the costs of measuring and packaging above-standard, packaging of the goods in larger or larger quantities, insurance of the goods for the time of transport, costs of transporting the goods, including loading and unloading the goods) are borne by the Customer. These costs will be added to the price of the goods.
5. The customer bears the entire risk related to the loss or damage of the goods from the moment of its release by Albeco. The moment of delivery of the goods by Albeco is the moment of delivery of the goods to the Customer at the place indicated by Albeco (in the case of personal receipt of the goods by the Customer) or when the goods are handed over to the carrier (in the case of courier delivery). Albeco is not responsible for losses, loss or damage to the goods arising from the moment the goods are released from the Albeco warehouse.
6. In the event of loss or shortage of goods in the period from the release of the goods from the warehouse of Albeco and handing it over to the carrier until it is delivered to the customer, Albeco will make efforts to assign its rights to the carrier in order to enable the customer to claim against the carrier.
§ 5. NOTIFICATION OF DEFECTS
1. Upon receipt of the goods, the Customer is obliged to check the goods in terms of quantity. Receipt of goods without reservations means that they are correctly delivered by Albeco. In case of doubt, it is assumed that the receipt of the invoice is tantamount to the quantitative receipt of the goods without reservations. After receiving the goods without the customer's reservations, complaints about the quantity of goods will not be considered.
2. The customer is obliged to inspect the goods at the time of their receipt, including checking whether the goods have all the features in accordance with the order, whether it is complete, whether it has all the components and documentation.
3. All complaints and claims regarding quality defects of the goods should be submitted to Albeco in writing under pain of nullity at the time of receipt of the goods, and if it is not possible to check the goods in terms of quality at the time of receipt - no later than 48 hours from the date of receipt of the goods.
4. After this period, the Customer is entitled only to claims under the quality guarantee provided by Albeco only to the extent and under the conditions specified in the guarantee document, provided that it was granted in a separate document for a given product.
5. Albeco's liability under the warranty is excluded.
§ 6. TERMS OF PAYMENT
1. The terms of payment are each time specified in the offer or order confirmation.
2. The buyer is not entitled to withhold payments, or to deduct his receivables in relation to Albeco. The transfer of the receivables due to the customer in relation to Albeco to other entities is possible only with the prior consent of Albeco granted in writing under pain of nullity. 3. Albeco reserves the right to charge statutory interest for late payment of the price from the due date.
§ 7. RESERVATION AND TRANSFER OF OWNERSHIP
1. The goods delivered to the Customer remain the property of Albeco until the Customer satisfies all Albeco claims related to the sale of goods. These goods may not be pledged or otherwise encumbered.
2. The ownership of the goods is transferred to the customer after all claims of Albeco are settled, resulting from the payment of the price or in connection with the contract. If the customer has any financial obligations towards Albeco, the goods remain the property of Albeco until they are regulated by the customer.
§ 8. EXCLUSION OF DAMAGES
1. Albeco is not responsible for any damage caused by reasons related to the purchased goods. Albeco's possible liability is limited to the value of the goods purchased by the Customer. The customer is obliged to prove that the goods were purchased in Albeco. The provisions of this paragraph are without prejudice to the mandatory provisions of Art. art. 4491 to art. 44911 of the Civil Code.
2. The goods should be used and maintained in accordance with its intended use and operation requirements as well as the instructions of Albeco and the producer of the goods. In case of doubt, Albeco provides information on how to use the goods.
§ 9 RETURN OF GOODS
1. A customer who is a natural person purchasing goods for purposes unrelated to their business activity via the Albeco website has the right to return the purchased goods within 14 calendar days from the date of its delivery, without giving any reason, with the following obligations.
2. In the case described above, the goods will be accepted by Albeco as part of the return procedure, if the following conditions are jointly met: - the goods will be delivered to Albeco at the cost and risk of the customer referred to in § 9 paragraph 1 §, - the returned goods have not been used and have been delivered to Albeco in the original factory packaging with all the elements delivered to the customer. All the elements with which the goods were delivered must not have traces of any use, damage or additional elements, - the returned goods must be accompanied by the originals of all documents with which the goods were delivered to the customer, - the customer is obliged to attach a written statement of exercising the right to return the goods with an indication of the bank account number to which the amount paid by the customer for the price is to be returned, less the costs incurred by Albeco in connection with the return of the goods.
3. Albeco will refund to the customer the amount paid by the customer for the payment of the price for the returned goods after correcting the accounting documents.
§ 10. EXCLUSION OF THE APPLICATION OF THE REGULATIONS
1. Provisions of § 1 sec. 2, § 2 section 3, § 3 section 1, § 5 sec. 1, 3 and 4, § 6 sec. 1, § 11 section 4 of the Regulations do not apply to contracts concluded by Albeco with a customer who does not make a purchase under or in connection with the business.
2. The provisions of § 9 of the Regulations do not apply to contracts concluded by Albeco with customers who are entrepreneurs.
§ 11. FINAL PROVISIONS
1. If, for any reason, any of the provisions of the Regulations turns out to be wholly or partially invalid or ineffective, this does not affect the validity of the remaining provisions and terms of the contract.
2. The names of points and paragraphs mentioned in the content of the terms and conditions are only of an ordinal nature and cannot constitute the basis for interpretation or interpretation of the contract.
3. Albeco has the right to amend these Regulations by, in particular, introducing additional sales conditions for some goods resulting from the requirements imposed by the manufacturers of these goods. Albeco will inform the customer about the change of the Regulations. Within 30 days of changing the Regulations, the Customer has the right to present Albeco in writing under pain of nullity, the lack of consent to change the Regulations. If no consent is not submitted within the time limit specified in the preceding sentence, it is assumed that the Customer has accepted the change. Customer's lack of consent to change the Regulations is the basis for Albeco to withdraw from the contract.
4. Any disputes arising from or in connection with contracts concluded under the Regulations shall be settled by the common court in Poznań.