GENERAL TERMS AND CONDITIONS OF SALE FOR BUYERS WITH THE REGISTERED OFFICE IN POLAND (hereinafter: “GTS”)
The following sales conditions apply to all sales contracts concluded by Tyczyńska Fabryka Urządzeń Wentylniczych TYWENT Sp. z o. o. NIP: 8133170567 (hereinafter referred to as the “Seller”). Any changes and adjustments to these conditions require the Seller’s written consent under pain of nullity. In the event of differences between these terms and conditions and specific conditions set out in other Seller’s documents addressed to the Buyer (e.g. contracts), specific conditions shall apply.
PLACEMENT AND CONFIRMATION OF ORDERS
The order becomes binding only after its written confirmation by the Seller via mail, e-mail or the website of the online store www.tywent.pl and only such an order shall be considered as evidence of the conclusion of a commercial contract. Orders must be placed by authorized persons. By placing an order, the Buyer agrees each time to accept the GTCS. In the case of foreign customers or orders for special types of goods, the Seller, before proceeding with the execution of the order, may request payment of a specific amount in the amount constituting a percentage of the value of the order, which should be paid by the Buyer before proceeding with the execution of the order. This amount will mean a down payment within the meaning of the Civil Code. In the event of an obstacle that is difficult to remove due to force majeure, after the Order Confirmation, the Seller may, without liability, partially or fully cancel or suspend the performance of its obligation. Force majeure should be understood as an event whose actions could not be foreseen despite exercising due diligence. In this case, the deposit will be returned in full. Any information other than contained in the offer, in particular regarding prices, availability of the assortment and delivery dates, are for information purposes only and do not constitute an offer.
TERMS OF PAYMENT
The price for the ordered goods and payment terms are specified in the Trade Offer or in the concluded contract
between the Seller and the Buyer. No discounts are granted on the expected payment amount without the prior written consent of the Seller. Both the Seller and the Buyer may individually, by way of a commercial agreement, specify payment and delivery terms other than those resulting from these GCS. Acceptable forms of payment are cash or credit card payment at the Tywent cash desk, payment to the courier upon receipt of the goods, quick payments via BlueMedia, prepayment to the Tywent account (order processing after posting). In the case of payment for the goods before their delivery, the Seller is entitled, in the event of delays in payments, to refrain from performing the contract until the Buyer settles the due receivables. In this case, failure to perform the Agreement by the Seller in the period until the Buyer settles the due receivables does not result in liability for damages on the part of the Seller, and the deadlines for the performance of the agreement on the part of the Seller are suspended for the period until the Buyer settles the due receivables of the Seller. In the case of a sale with a deferred payment date, the Seller reserves the right to ownership of the goods sold, delivered to the Buyer until the Buyer pays all amounts due to the Seller. In the event that the Ordering Party is in arrears with the payment of any amounts due under other contracts between the Seller and the Buyer, until the Buyer pays the arrears, the Seller may also withhold performance of part or all of the contract, without falling into a delay or default on this account. In the event of a delay or lack of payment, the Seller may claim – in addition to other rights provided for by law and these GTS – the payment of statutory interest for the delay.
GOODS COLLECTION AND TRANSPORT
The Buyer collects the goods directly from the Seller from the warehouse located at 36-062 Zaczernie 190M. After agreeing with the Buyer, the offer may include transport of goods, depending on individual arrangements made between the parties. The buyer bears the transport costs, including the costs resulting from his special wishes as to the type of transport. Parcels sent without prior agreement with the Seller will not be accepted. Upon receipt of the goods, the Buyer is obliged to check the quality, quantity and condition of the goods and their compliance with the transport documents. In the event of discrepancies or damage, the Buyer is obliged to draw up a receipt protocol in the presence of the courier and notify the Seller within 3 working days from the date of receipt of the goods.
WARRANTY FOR DEFECTS OF THE ITEM SOLD, WARRANTY
The Seller provides a warranty for the goods sold on the terms set out in detail in the warranty card.
In the event of a complaint, the Buyer is obliged to complete and send a complaint application, which is the basis for launching the complaint procedure. The Seller will consider the complaint and respond within 14 days from the date of delivery of the goods, and in exceptional cases the time for consideration may be extended, which will be immediately notified to the Buyer by an employee of the complaint department and will specify the expected duration of the procedure. After a positive consideration of the complaint, the goods will be repaired, replaced with a new one or the money will be returned. If the complaint is not accepted, the buyer bears the cost of transport in the amount in accordance with the price list of the Seller’s carrier. The Buyer has the right to return the purchased goods in accordance with applicable regulations, i.e. in the case when the Buyer is a natural person who purchases goods for purposes not related to its business or professional activity.
Parcels sent without prior agreement with the Seller will not be accepted.
Goods made to special order are not returnable. Special orders will be marked in the Order Confirmation.
The Seller has the right to amend these GTS at any time, however, they apply to already concluded contracts
will find the existing provisions of the GTS. The Regulations in their current wording are valid from September 12, 2022.