General terms of sale.

GENERAL CONDITIONS OF SALE OF THE ZBIGNIEW ROGALSKI PACKAGING CENTER WITH REGISTERED OFFICE IN WARSAW

These regulations constitute an integral part of the sales contracts concluded by Centrum Opakowan Zbigniew Rogalski with its seat in Warsaw. The purpose of the provisions of the document is to regulate the mutual rights and obligations of the Parties.

§ 1 Definitions

All provisions used in the General Terms of Sale have the following content:
1. Zbigniew Rogalski Packaging Center with its seat in Warsaw, ul. Wólczyńska 133/445, 01-919 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under the NIP number 774 001 18 89
2. GTS - General Terms and Conditions of Sale with all annexes and attachments mentioned therein;
3. Buyer - a legal person or an organizational unit with legal personality, being the other party to the sales contract;
4. Goods - products from the range of the Packaging Center, which are intended for sale. Detailed product offer.
5. Parties - Packaging Center and Buyer.
6. Order - Buyer's declaration of will on the intention to purchase goods from the range of the Packaging Center.

§ 2 GTCS validity

1. The sale of Goods by the Packaging Center is based on the GTCS, unless the Parties agree otherwise in writing.
2. The GTCS are announced and accepted by the Buyer at the latest when placing the Order, pursuant to the provisions of § 3 sec. 2 of the GTCS, and are also available at http://www.centrumopakowan.com/Ogolne-Warunki-Sprzedazy-cterms-pol-29.html
3. At the express request of the Buyer, the Packaging Center will provide the GTS in paper form.
4. If the Buyer is in permanent trade relations with the Packaging Center, the Buyer's acceptance of the GCS at the first order results in binding the Parties to the GCS provisions when concluding subsequent sales contracts.
5. The GCS may be changed at any time. Any changes will be posted on the website http://www.centrumopakowan.com/Ogolne-Warunki-Sprzedazy-cterms-pol-29.html and shall enter into force on the date indicated in the content of the new GTS, but not earlier than after 14 days from their posting on the above-mentioned website. In the event of a change in the GCS after the date of placing the order by the Buyer, referred to in § 3 sec. 2, the provisions of the GTCS from the date of placing the order by the Buyer will apply to the sales contract.

1. Information, price lists and other promotional and commercial materials provided by the Seller do not constitute an offer.
2. The sale of the Goods is carried out only on the basis of Orders submitted in writing by the Buyer.
3. Orders are placed by the Buyer in writing to the address of the Seller's registered office or electronically to the e-mail address sklep@centrumopakowan.com
4. The order should contain the Buyer's identification data, i.e .:
and the name of the company,
b registered office address,
c contact e-mail address, telephone number,
d tax identification number,
e the name of the Good or its catalog number,
f the number of ordered goods,
g preferred method of delivery of the Goods.
5. The order should bear the Buyer's company stamp and a legible name and surname of the person signing it. If the person signing the order is not legally authorized to represent the Buyer, the Order must be accompanied by a power of attorney authorizing that person to represent the Buyer.
6. The Packaging Center undertakes to confirm the Order no later than 3 working days after the Order is placed by the Buyer. The confirmation may be made in writing or electronically, sent to the e-mail address indicated by the Buyer in the content of the Order.
7. In the Order Confirmation, referred to in sec. 6, the Packaging Center is obliged to indicate:
and the date of receipt or delivery of the Goods,
b the price per item of sale and the method and date of its payment,
c the amount of the advance payment, if any.
8. The contract of sale is concluded upon confirmation of the Order by the Packaging Center. Failure to confirm the Order by the Packaging Center within 3 working days from the date of receipt of the Order shall mean that the Order has not been accepted.
9. If the Packaging Center objects to the content of the Order, it will present the Buyer with the new terms of the Order. In this case, the contract for the sale of the Goods is considered concluded if the Buyer does not raise any objections to the new terms of the Order no later than the next working day after their receipt. However, if Arexim cannot make an Order (regardless of the reason), it will inform the Buyer about it in the same manner and time as the Order is confirmed. In this case, the Buyer is not entitled to any claims against the Packaging Center.

§ 4 Payment terms

1. All prices quoted by the Packaging Center are net prices, to which VAT should be added. The price does not include the costs of transporting the Goods to the place of delivery indicated by the Buyer. Transport costs will be specified by the Packaging Center each time in the Order confirmation, if the Buyer requests the delivery of the Goods.
2. In the case of payment by bank transfer, the date of payment is the date of booking the amount due on the bank account of the Packaging Center.
3. If the order is partially fulfilled, each partial delivery will be billed separately by issuing an invoice by the Packaging Center for each partial delivery.
4. Placing an Order by the Buyer and indicating his e-mail address in it is tantamount to the Buyer's consent to the issue of an electronic invoice by the Packaging Center.
5. Regardless of the Buyer's instructions, the payments made by the Buyer are first credited to the earliest outstanding claims towards Centrum Opakowania, then to the costs incurred by Centrum Opakowania in connection with the performance of the order, and then towards the earliest outstanding claims.
6. Submission of any claims by the Buyer to the Packaging Center resulting from possible defects of the sold Goods does not entitle the Buyer to withhold payment for the Goods in whole or in part.

§ 5 Delivery of the Goods

1. The delivery date specified in the Order confirmation is counted from the moment when the Buyer provides all documents and complete information necessary for the proper completion of the delivery, and also makes a prepayment, unless other payment terms have been agreed.
2. In the event of force majeure or other unforeseeable, extraordinary circumstances not attributable to the Packaging Center, such as, for example, disruptions in the operation of the Packaging Center plant and warehouse caused by fire, water, energy shortage, lack of transport, state authorities, etc., the Center Packaging reserves the right to postpone the delivery date by the duration of the obstacle, even if the above circumstances occur only at the suppliers of the Packaging Center.
3. After the expiry of the additional deadline set by the Packaging Center, the Buyer may withdraw from the sales contract. In this case, the Buyer shall not be entitled to any claims against the Packaging Center in this respect, except for the claim for the return of the advance payment paid to the Packaging Center. The right to withdraw from the contract is not entitled to the Buyer if the delay in collecting the Goods was caused by the Buyer's fault.
4. In the event of a delay in the delivery of the Goods caused by the Packaging Center for a period longer than 4 weeks, the Buyer is entitled to withdraw from the Sales Agreement and demand the return of the advance payment made by the Packaging Center, without setting an additional date. The right to withdraw from the contract is not entitled to the Buyer if the delay in collecting the Goods was caused by the Buyer's fault.
5. In the event that the Order is implemented partially, the rights referred to in sec. 4 and 5 are entitled to the Buyer only in relation to unrealized parts.
6. If the Buyer fails to comply with the obligation to collect the ordered Goods in a timely manner, the Packaging Center has the right to withdraw from the Sales Agreement after the expiry of the additional collection date, not shorter than 7 days.
7. In the event of withdrawal from the contract by the Packaging Center in accordance with the provisions of paragraph 7 above, the Buyer shall pay the Packaging Center a penalty of 10% of the gross value of the Goods affected by the delay in receipt, but not lower than the possible advance payment made by the Buyer. The payment of the contractual penalty by the Buyer does not exclude the right of the Packaging Center to seek compensation from the Buyer on general terms.

8. The Packaging Center reserves that the quantity of the Goods delivered by it may differ by the quantity of the ordered products +/- 5%. Such breach does not constitute improper performance of the contract by the Packaging Center.

§ 6 Responsibility for defects in the Goods

1. Liability of the Packaging Center towards Buyers who are not Consumers under the warranty for defects in the Goods is excluded. The exclusion of the rights of Buyers who are not Consumers under the warranty for defects in the Goods also applies to natural persons concluding a contract directly related to their business activity, if the content of this contract shows that it does not have a professional nature for these Buyers, resulting in particular from the object performed by these Buyers business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
2. The risk of accidental loss or damage shall be transferred to the Buyer upon receipt of the goods from the Packaging Center's warehouse or upon its delivery by the Packaging Center.

3. The Buyer is obliged to examine the Goods. If he has picked up the Goods and has not raised any objections within 10 working days, it is considered that he found the Goods compliant with the order placed.
4. Goods sold by the Packaging Center may be covered by the manufacturer's warranty. The pursuit of warranty claims takes place on the terms set by the manufacturer. The buyer may submit his claims under the guarantee (complaint) directly to the manufacturer or via the Packaging Center. If the Packaging Center is used as an intermediary, the Buyer is obliged to deliver the Goods together with the proof of purchase at their own cost and risk to the Packaging Center.
5. Submitting the complaint referred to in para. 2 above is tantamount to reporting a complaint to the manufacturer. After accepting the complaint from the Buyer, the Packaging Center will immediately deliver the Goods to the manufacturer and will inform the Buyer about the course of the proceedings in this matter.

§ 7 Retention of title to the Goods

1. The ownership of the Goods is transferred to the Buyer upon full payment of the agreed price under the concluded sales contract.
2. In the event of delay in payment for the Goods by the Buyer, the Packaging Center has the right to request an immediate return of the Goods, and the Buyer is obliged to return the Goods.
3. An application by the Packaging Center with the request referred to in paragraph 2 above shall not affect the validity of the Sales Agreement concluded between the Parties, as well as the possibility of pursuing other claims by the Packaging Center, including claims for payment of the price and claims for damages due to wear, damage or destruction of the Goods by the Buyer.
4. Referral by the Packaging Center to the Buyer of a request to return the Goods, in accordance with the provisions of paragraph 2 above may mean the termination of the Sales Agreement only if such a notice of termination is clearly indicated by the Packaging Center in the letter containing the request to return the Goods and is submitted in writing. In such a situation, the Buyer grants the Packaging Center a power of attorney to collect the Goods.

§ 8 Personal data protection

1. At the time of placing the order, the Buyer agrees to the processing of his personal data by the Packaging Center.
2. The administrator of personal data is Centrum Opakowania, which processes personal data of customers in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended) .) and the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
3. Personal data and information contained in the Order will be used by the Packaging Center to conclude, amend, terminate the contract with the Buyer and ensure the highest quality of services provided.
4. The Buyer has the right to access the processed data at any time, as well as the right to correct them and demand their removal from the databases of the Packaging Center.
§ 9 Final provisions
1. The Packaging Center reserves all rights to signs, descriptions, characteristics, drawings, calculations, technical calculations, opinions and other documents provided or made available to the Buyer when concluding the Agreement. They are intended only for the purposes related to the conclusion of the contract and may not be, in whole or in part, reproduced or made available to third parties without the prior consent of the Packaging Center expressed in writing under pain of nullity.
2. The Buyer is not entitled to transfer the receivables due to the Packaging Center to third parties.
3. In matters not covered by the GCS, the provisions of the Civil Code and other legal acts in force in the Republic of Poland shall apply.
4. To settle disputes arising from contracts concluded on the basis of the GTCS, the competent court is the materially competent common court of each seat of the Packaging Center. The above does not apply to disputes with Consumers to which the provisions of the Code of Civil Procedure apply to the local court.
5. Any possible invalidity of individual provisions of the GCS shall not invalidate the remaining provisions.