TERMS AND CONDITIONS OF THE ONLINE STORE

I. GENERAL

The owner of the online store is: Alux Profile Sp. z o.o., conducting economic activity under the business name: Alux Profile Sp. z o.o., having its seat in: ul. Grabnik 234, 37-232 Jawornik Polski , Poland, Taxpayer Identification Number: PL7941831978. The store makes it possible to purchase Goods over the Internet through the Online Store: https://www.aluxprofile.com Contact number: +48 726 720 466
You can contact the Service Provider (hereinafter referred to as the Seller) using the following E-mail address: info@aluxprofiel.nl.
The Seller declares that E-mail is the preferred and the most convenient means of communication between the Seller and Buyer.
These Terms and Conditions are intended for all users of the Online Store. They regulate the registration, use of the Online Store account, placement of orders and conclusion of sales contracts for goods available in the Online Store (referred to as “Good” or “Goods”).
The information on the website should help the users to get to know more about the products of the Online Store, their prices and availability.
The prices of the Goods are indicated in Euro. These are net prices and they include also the entire performance that the Seller is obligated to render to the Buyer in connection with the transaction.
The Terms and Conditions of the Online Store may be accessed at all times by clicking on the relevant link on the Online Store’s website.
The pictures of Goods are used only to present Goods available in the Online Store. The Seller shall not be held liable if the Goods received by the Buyer differ from the pictures of the Goods on the Online Store’s website.
Any natural person aged 18 or older residing in the Republic of Poland and having legal capacity or any entrepreneur residing in any EU Member State may acquire Goods from the Online Store.
Only persons duly authorised by an entrepreneur or a legal entity may act on behalf of these and perform acts, in particular acts related to setting up and maintaining an account and making a purchase, resulting in a Contract for the provision of Services concluded with the Online Store which involves an obligation to make a payment. The Seller may request a person acting on behalf of an entrepreneur or another legal entity to provide electronic documents indicated by the Seller, including, in particular, documents confirming the authorisation to act on behalf of that entrepreneur or a legal entity and the confirmation that the entrepreneur conducts business activity or that a legal person conducts statutory activities, otherwise the Seller may refuse to establish or terminate the cooperation. In addition, if an entrepreneur or other legal entity conducts economic activity outside the Republic of Poland, the Seller is entitled to request equivalent original documents together with their sworn translation into Polish. The Seller reserves the right to request an entrepreneur or other legal entity to provide additional documents not specified above or to provide them in another commonly used format.
The Seller reserves the right to refuse to sell Goods to certain entrepreneurs, or to register their accounts, without giving any reason.
In justified cases, the Seller may cancel the order placed.
The Seller advises the Users that the use of services provided electronically may involve a risk of harmful software being introduced to the customer's IT system which may result in their data being obtained and modified by unauthorised persons. The Users should have appropriate technical measures in place, in particular anti-virus and firewall software to avoid the risk specified above and to minimise its consequences.
The Users may not use their accounts or the Online Store in violation to the applicable laws, best practices, personal rights of third persons and the legitimate interests of the Seller.
Any rights to the Website, including copyrights, intellectual property rights to the Website's name, domain’s name, logos, graphics or any other materials are owned by the Seller and may only be used in a manner previously specified and in accordance with these Terms and Conditions and generally applicable laws.
The User may not copy, reproduce, modify, multiply or distribute any part of the Online Store, its services or elements without the prior written consent of the Seller, unless it is permitted under the applicable laws and these Terms and Conditions. The Seller may take steps, including initiating legal proceedings, to protect their interests.
Please be advised that the provisions of these Terms and Conditions that refer to the consumers also cover entrepreneurs exercising their rights as consumers, unless expressly indicated otherwise in these Terms and Conditions.
Please read and accept these Terms and Conditions before using the Online Store.
Buyers who place an order by sending it directly to the Seller's E-mail address are obligated to declare in the E-mail that also constitutes the order that they familiarised themselves with these Terms and Conditions.
The information provided by the Seller when placing an order must be truthful, up-to-date and accurate. The Seller reserves the right to refuse to process the order if the data provided are not sufficient to process the order, in particular if they prevent the proper delivery of the package. The Buyer is obligated to ensure that their E-mail address and any data indicated in the order are correct.
If the data provided by the Buyer in the order, in particular the delivery address, is incorrect, even as a result of an obvious typing mistake, not up-to-date or not corresponding to the actual data, the Seller may not be held liable for additional shipping costs resulting in the delivery to a wrong address. The costs referred to above must be borne by the Buyer and the Seller may not be held liable for late delivery.

II. DEFINITIONS

The terms used in these Terms and Conditions have the following meanings:

Seller – Alux Profile Sp. z o.o., having its seat in: ul. Grabnik 234, 37-232 Jawornik Polski, Poland, Tax Identification Number: PL7941831978.
Buyer – a natural person with full legal capacity and a natural person conducting economic activity, a legal entity or an organisational unit without legal personality which may use the services of the Online Store by purchasing its Goods;
Consumer – a Buyer who is a consumer under Article 22¹ of the Polish Civil Code or an entrepreneur exercising consumer rights;
Entrepreneur exercising consumer rights – a natural person who is a Buyer concluding a contract directly related to their economic activity, when, based on the contract, the economic activity conducted is not a profession of this person, which can be verified based on their economic activity declared in the Central Register and Information on Economic Activity (Polish: Centralna Ewidencja i Informacja o Działalności Gospodarczej). The entrepreneur exercises the rights vested in consumers under the Polish Civil Code and the Consumer Rights Act;
Entrepreneur – a Buyer who is an entrepreneur under Article 43¹ of the Polish Civil Code, excluding an entrepreneur exercising consumer rights;
Account – an account assigned to a Buyer (also referred to as the User) following the registration with the Online Store. Buyer having an Account may purchase Goods at the Online Store;
User – a natural person aged 18 or older with full legal capacity, a legal entity, an organisational unit without legal personality, but eligible to acquire rights and incur obligations in its own name, using the Online Store;
Registration – one-time act of creating the Account for the Buyer at the Online Store in accordance with the rules specified in these Terms and Conditions;
Order of Goods by E-mail – placing an order for the Goods available at the Seller's Online Store by sending an order directly to the E-mail address. The Buyer is obligated to specify the information necessary to complete the order;
Services – services provided by the Seller to the Buyer by electronic means within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws 2020, item 344, consolidated text);
Polish Civil Code – the Act of 23 April 1964 (Journal of Laws of 2021, item 1360, consolidated text, as amended);
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, consolidated text, as amended);
Act on Copyright and Related Rights – the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2021, item 1062, consolidated text, as amended);
Terms and Conditions – this document drawn up on the basis of Article 8 of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2020, item 344, consolidated text);
Good/Goods – products such as structural aluminium profiles and profile accessories, available at the Seller's Online Store;
Order – Buyer's declaration regarding the conclusion of a sales contract with the Seller under these Terms and Conditions and in accordance with the model order available on the website;
Availability of Goods – products available at the Seller's warehouse at the time when the Seller placed information on Goods and their price on the Online Store’s website;
Order Confirmation – E-mail sent by the Seller to the E-mail address of the Buyer advising the Buyer of the order for specific Goods and confirming that the Order was accepted by the Seller. The Order Confirmation includes electronic links to the Terms and Conditions and Privacy Policy in force;
Sales Contract – a distance contract within the meaning of the Polish Civil Code of 23 April 1964 (Journal of Laws of 2021, item 1360, consolidated text, as amended) concluded through the Online Store. The sales contract is deemed to have been concluded following the delivery of the Order Confirmation to the Buyer (after placing an Order with the Online Store). The Sales Contract includes the declaration of intent, these Terms and Conditions and the Privacy Policy. The Sales Contract is governed by the laws of the Republic of Poland. It is concluded only in the Polish language and will be interpreted in that language;
Force Majeure – an external event beyond the control of the parties to the legal relationship and its occurrence could not have been reasonably foreseen and prevented by the affected party. Force Majeure prevents a party permanently or temporarily from exercising its rights or fulfilling its obligations, in particular under the relevant legal relationship;
Privacy Policy – provisions specifying how the Buyer's personal data are processed and protected, forming an integral part of these Terms and Conditions;
Custom Goods – products which are made acc. to an individual order of the Buyer. Their numbers, dimensions and form are as specified by the Buyer in their order (the pictures on the Online Store’s website are for reference purposes only).

The Online Store makes it possible for the Buyer to familiarize themselves with the Seller's product range by presenting pictures of the Goods (their actual appearance may however be different), their prices and information on their availability.

III. OBLIGATIONS OF THE BUYER

The Buyer is obligated to:

provide details that are truthful, accurate and not misleading;
not provide or transmit unlawful content;
use the Online Store’s website without disrupting its operation, in particular by employing specific software or devices;
use the Online Store in a manner that is not onerous for other Buyers/Users and the Seller themselves;
promptly update the data necessary to complete the order;
make payments for orders in due time;
use the Online Store’s website according to applicable laws, best practices and these Terms and Conditions, taking into account personal rights, intellectual property rights and other rights of third parties;
take all the necessary measures to prevent unauthorised access to their account, in particular to store the login data securely and to bear the responsibility for any consequences resulting from their leakage for reasons attributable to the Buyer, as the case may be;
not engage in any activities aimed at increasing or decreasing the Seller’s rating deliberately;
post assessments and comments in accordance with facts.

IV. GENERAL RULES OF THE ONLINE STORE

In order to use the Online Store the Buyer is required to have:

a data communication device with access to the Internet;
a correctly configured browser in the current version with JavaScript and Cookies enabled;
an active and correctly configured e-mail account;
software for reading PDF, STEP files.

The creation of a Buyer's Account is effected through voluntary Registration, consisting in filling in and sending to the Seller a registration form available on the Online Store’s website.
The necessary data to complete the form include:
1. Username – individually assigned to each account creator, used each time when logging into the Buyer's account,
2. Account password – the Buyer is required to provide their own password which will be entered at each login. When registering an account, the Buyer must enter the same password twice;
3. E-mail address – the Buyer is required to indicate an E-mail address to which a link will be sent confirming the registration and account creation;
4. Name and surname/ company name and details relating to the economic activity conducted, including VAT or KRS number, business address and telephone number.
Before submitting the registration form, the Buyer is obligated to confirm that they read and accepted these Terms and Conditions.
Then the Buyer must click on the activation link sent to the E-mail address provided during the registration. Opening the Online Store’s website through the activation link and logging into the account for the first time ends the registration process.
You can also purchase Goods from the Online Store without creating an account.

V. PLACING ORDERS

An order with the Online Store can be placed by sending a order form that as been filled in to the E-mail address of the Online Store indicated on its website.
Next to each Good there is clear and concise information on delivery restrictions and accepted payment methods.
The Seller reserves the right to amend the price list and the prices of the Goods, as well as to introduce and cancel promotions. Any change in prices of Goods will not apply to the orders placed before the relevant price change.
The Buyers can place their orders 24/7 throughout the whole calendar year, through the Online Store’s website or by sending an E-mail directly.
When placing an order, the Buyer is obligated to:
1. choose a location from the list on the Platform where the Goods ordered can be picked up or indicate a delivery location if different from those on the list;
2. indicate the Goods to be delivered by stating codes of the relevant Goods and their quantity;
3. select the method for delivering the Goods from the list provided by the Seller which also indicates the price and date of delivery to the address specified by the Buyer;
4. indicate the payment method.
The Buyer must confirm to have read the Terms and Conditions and the Privacy Policy. The acceptance of these Terms and Conditions and the Privacy Policy should prevent the Buyer from pleading ignorance thereof.
By selecting “Send the Order” after filling in the order form, the Buyer confirms to be bound by its contents. With the completion of the above, the Buyer agrees to pay for the Goods ordered.
Once the order is placed by the Buyer, the Seller will process it and verify whether the relevant Goods are available and when they can be delivered.
The Buyer may cancel the Order before the Seller completes actions referred to in Section 8.
The Seller will verify each order based on the stage of its processing before approving of the cancellation or modification of an order.
The Seller reserves the right not to complete or to cancel the order in whole or in part if the Goods ordered are not available. The Buyer will be notified thereof immediately.
Custom Order may not be cancelled if the Seller has started the process of completing the order.
The Seller reserves that the order placed will not be processed if the Buyer is in arrears with payments for previous orders. The new order will be processed as soon as the overdue payments are settled.
Within 3 days from the date of the Buyer's order the Seller will confirm through the Online Store whether the order can be completed and indicate its approximate completion date. The Seller will also confirm the location for picking up the Goods or the delivery address as indicated by the Buyer.
Pursuant to Article 543¹ of the Civil Code the order completion period will not exceed 30 days from the date when the order is received by the Seller if the Buyer is a Consumer or an Entrepreneur exercising consumer rights. The designated order completion date may be extended if the Buyer consents to it.
With regard to the services provided by the Seller, the date of concluding the sales contract is deemed to be the date when the order confirmation is received by the Buyer's E-mail server (E-mail regarding “Order number of the Online Store”). The date when the E-mail regarding “Order number of the Online Store” is delivered is deemed to be the date when the E-mail is received by the E-mail server of the E-mail address indicated by the Buyer in the electronic Order form.
The lead time depends on the Goods and ranges from 2 to 10 working days. The exact delivery date will be specified by the Seller after verification of the order.
For reasons beyond the Seller's control, in particular the lack of components at the sub-supplier's, transport issues, Force Majeure, the lead time may be extended. The Buyer will be notified thereof.
All provisions referring to placing the orders also apply to the orders placed directly by E-mail.

VI. PAYMENTS

For orders placed and sales contract concluded the Buyer may make payment with one of the below methods:

prepayment to the Seller's bank account indicated on the Online Store’s website;
through a payment platform;
by bank transfer to the Seller's bank account indicated on the Online Store’s website;
picking up the order personally – after making an appointment in advance.

If the Buyer chooses “by bank transfer” (“prepayment”) as the payment method the price for the Goods ordered, including the delivery costs, must be paid within 7 days from the date of the order. The order will be processed within 7 working days from the date when the payment is credited to the Seller's bank account.
If the Buyer chooses to pay by debit card, electronic transfer or through an electronic payment system, the payment will be refunded (in case the Buyer cancels the order or withdraws from the sales contract) to the debit card or bank account from which the payment had been made.
The Seller reserves the right to suspend the order or delivery of the Goods if there are doubts as to whether the Buyer makes the payment.
The Buyer bears the delivery costs which are not included in the gross price specified next to each Good.
Pursuant to Article 106n(1) of the Goods and Services Tax Act the Buyer agrees that the Seller issues and sends VAT invoices in electronic form.

VII. ORDER COMPLETION

After completing the order the Seller dispatches the Goods within 2 to 5 working days. The time limits referred to above do not include the transportation time for which the Seller is not responsible.
If different lead times are stipulated for various Goods covered by one order the longest period stipulated applies to the entire order.
The Seller may not be held liable for transport services performed by forwarders, in particular for delays, late collection and delivery of Goods. All irregularities and delays attributable to the Buyer, resulting in late transport/delivery, must be resolved by the Buyer with the forwarder providing the transport service.
Prior to the dispatch of the Goods the Seller will make pictures of the Goods which will be used as evidence if the Buyer seeks compensation for the delivery of defective Goods or other compensation for improper completion of the order.
The Seller is not obligated to clean the individual items of the order before the dispatch of the Goods.
If the Goods are shipped by post or courier, the Seller will send to the Buyer a link for tracking purposes.
The Buyer is responsible for unloading the Goods delivered. Unloading the Goods is not part of the Seller’s services.
As soon as the Goods are dispatched by the Seller the Buyer is obligated to contact a transportation company. The Seller is not responsible for the Buyer's failure to contact a courier, trucking or forwarding company.
If the Buyer fails to accept the Goods, the Buyer will be liable to pay the transportation and subsequent delivery costs.
When accepting the Goods the Buyer is obligated to check carefully whether the package was damaged during the transportation or was damaged otherwise. If any irregularities are found the Buyer should refuse to accept the Goods and write a damage report with the courier still at site. The Buyer should include the date and time of delivery in the report and describe the damaged or missing Goods.
If the Goods were damaged during transportation and the Buyer does not meet the requirements referred to in Paragraph 10, the Buyer’s complaint due to a defective Good will not be accepted.
The Seller stipulates that in case of compensation claim the Buyer must first provide by E-mail a document confirming that a complaint was filed with the forwarder/ trucking company.
If profiles delivered to the Buyer are dented, deformed, perforated or otherwise damaged during transportation, the Seller reserves the right to refer to pictures taken prior to the dispatch of Goods in case the Buyer notifies the Seller of defective Goods. The Buyer may not file a complaint with the Seller because of profiles damaged during transportation. If the Buyer decides to replace the profiles, the Buyer must return the order at their own expense and risk.
The pictures referred to in Paragraph 13 includes the accessories, while the condition of the profiles will be recorded with a camera from a distance of up to 2 metres.

VIII. INFORMATION ON SERVICES

Information on the Goods, including their prices and descriptions, presented on the Online Store’s website do not constitute an offer within the meaning of Article 66(1) of the Polish Civil Code, but only an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.
The Seller reserves the right to: amend the prices of the products presented on the Online Store’s website, introduce new products, remove products from the product catalogue, introduce and cancel promotions, however without violating the rights previously acquired by the Buyer.
The Seller declares that the Seller’s rights referred to in Paragraph 2 will not affect any order placed by the Buyer and confirmed by the Seller before the relevant change becomes effective.
Subject to laws on permitted use of protected works referred to in Articles 23-35 of the Act of 4 February 1994 on Copyright and Related Rights, the Buyer may not reproduce or use product descriptions or any other information from the Online Store’s website, including photographs and other graphics or word and figurative materials, for purposes other than browsing and ordering products. The Buyer acknowledges that the use of pictures, product descriptions or other information on the Online Store’s website for other purposes may constitute an infringement of copyright and other intellectual property rights.

IX. WARRANTY RIGHTS OF THE BUYER

If a product purchased form the Seller is defective, the Buyer has the right to file a complaint under the warranty as specified in Article 556 et seqq. of the Polish Civil Code.
The complaint must be made in writing or sent by E-mail to the Seller's E-mail address indicated in Section 1(2).
The Seller advises hereby that the products are intended for industrial use. Complaints due to minor scratches or scrapes which do not affect the use of the Goods ordered and are not visible from up to 5 metres will not be accepted. Each complaint will examined individually by the Seller.
The Buyer is advised to include in the complaint in particular a brief description of the defect, the circumstances (including the date) leading to its occurrence, the Buyer's data and the Buyer's request regarding the defective Goods.
If the Goods sold are defective the Buyer is entitled to:

request a price reduction or withdraw from the sales contract, unless the Seller replaces the defective Goods with defect-free ones or remove such defect immediately without causing excessive inconvenience for the Buyer, the Buyer, however, may withdraw from the sales contract if the defect is insignificant;
demand the replacement of defective Goods with defect-free ones or the rectification of the defect.

The Seller may refuse to comply with the Buyer's request if the rectification of the defective Good to a condition consistent with the sales contract in a manner chosen by the Buyer is impossible or would incur excessive costs in comparison to the second available manner of rectifying the Good to a condition consistent with the sales contract.
When the Buyer is a consumer, they may demand to have the defective Good replaced with a defect-free one instead of the Seller's offer to remove the defect, or demand to have the defect removed instead of replacement of the Good, unless restoring the Good to a condition consistent with the sales contract specification in the manner chosen by the Buyer is impossible or would involve excessive costs in comparison with the manner proposed by the Seller.
When assessing whether the costs are excessive, the value of the defect-free Good, the type and significance of the established defect will be considered as well as the inconvenience the Buyer would incur if a different manner of satisfaction were chosen.
The Buyer exercising the right of warranty is obligated to deliver the defective Goods to the following address: ul. Grabnik 234, 37-232 Jawornik Polski, Poland.
The Buyer exercising the warranty rights is obligated to deliver the defective Goods at the Seller’s expense.
The Seller will respond to the complaint immediately or within 14 days if the Buyer is a Consumer or an entrepreneur exercising consumer rights.
If the Buyer who files a complaint is a Consumer or an Entrepreneur exercising consumer rights, the Seller will have the right to verify whether the sales contract concluded by this person has anything to do with its profession.

X. RIGHT OF WITHDRAWAL

Within 14 (fourteen) days from the date of the order the consumer may withdraw from the sales contract without giving any reason.
The right of withdrawal, with conditions and time limits referred to above, may also be employed by any entrepreneur exercising consumer rights who makes an order in connection with their economic activity, however only if the sales contract stipulates that it is not related to the profession of the entrepreneur, in particular with their economic activity.
The right of withdrawal from a distance contract does not apply to the Consumer and entrepreneur exercising consumer rights in relation to an order for non-prefabricated items produced according to specifications of the Consumer's or entrepreneur exercising consumer rights or customized items. This provision applies in particular to Goods (profiles) making part of the Buyer’s Custom Order.
By placing an order covering in whole or in part customised Goods, the Buyer agrees to have forfeited their right of withdrawal.
The Consumer or an entrepreneur exercising consumer rights who make use of their right of withdrawal are obligated to notify the Seller thereof within the period indicated in Paragraph 1.
The period for withdrawal begins:

in the case of the sale of Goods – from the moment of taking possession of the Goods by the Consumer or a third party other than the forwarder designated by the Consumer;
in the case of the sale of multiple Goods delivered separately in batches or in parts – from the moment of taking possession of the last item (Good), batch or part.

The relevant time limit is satisfied if the declaration of withdrawal, attached to these Terms and Conditions, is sent in one of the following forms:

in writing to the Seller's address: ul. Grabnik 234, 37-232 Jawornik Polski.
in electronic form to the following E-mail address: info@aluxprofiel.nl

If the Buyer submits a declaration of withdrawal in electronic form referred to in Paragraph 7(b) the Seller is obligated to confirm to the Buyer the receipt of the declaration of withdrawal by sending an acknowledgement on a permanent data carrier.
The use of the model notice of withdrawal referred to in Paragraph 7 of the Terms and Conditions is not obligatory.
In the event of withdrawal from the sales contract by the Consumer or a entrepreneur exercising consumer rights, the Seller is obligated to reimburse to the Consumer or an entrepreneur exercising consumer rights all their payments relating to the withdrawal made, without delay, no later than within 14 days of receipt of the declaration of withdrawal sent by the Consumer's or entrepreneur exercising consumer rights.
The Seller will refund the payments with the same method of payment as used by the Consumer or an entrepreneur exercising consumer rights, unless the Consumer or the entrepreneur exercising consumer rights expressly agrees to a different method of refund that does not incur any costs.
The Buyer shall be liable for any reduction in the value of returned Goods as a result of their use beyond what is necessary to establish the suitability of the Goods ordered and their conformity with the Buyer's expectations.
If the Buyer submits a declaration of withdrawal from the sales contract in any form referred to in Paragraph 7, the Buyer is obligated to immediately return the Goods to the Seller or hand over the Goods to a person authorised by the Seller, however, no later than within 14 days from the date of submitting the declaration of withdrawal.
Goods to be returned under the declaration of withdrawal must be sent back to: ul. Grabnik 234, 37-232 Jawornik Polski.
The Buyer must package the relevant Goods exactly as they were packaged originally.
The Buyer is required to affix to the package with returned Goods the declaration of withdrawal from the sales contract with all up-to-date details, in particular concerning the quantity of returned Goods, their value and the bank account to which the money is to be returned in order to facilitate the return procedure.
If a declaration of withdrawal is submitted in relation to a distance contract, the relevant contract is be deemed not to have been concluded.

XI. PROVISIONS ON SUPPLIES TO NON-EU COUNTRIES

Orders placed by Buyers from non-EU countries or deliveries from non-EU countries will be governed by provisions laid down in this chapter and other provisions of the General Terms and Conditions which do not exclude these provisions.
The minimum order value is EUR 200 (in words: two hundred) in addition to shipping costs.
Once placed by the Buyer the order may not be modified.
The lead time for orders to non-EU countries is longer than the standard lead time and can be up to 14 working days.
Goods ordered may not be returned or exchanged for other goods.
Orders placed with the Seller may be cancelled by the Seller for reasons beyond the Seller’s control. Any previously made prepayments will be refunded to the Buyer.
No VAT tax is levied on orders placed by Buyers from non-UE-countries, however additional import duties may still be charged.
In individual cases additional charges, for which the Seller will not be held liable, may be imposed on goods delivered to non-EU countries. Additional charges may be collected by banking institutions (bank transfer, currency exchange) and as import duties or taxes. The above-mentioned additional charges may also be payable if the payment is made from a non-EU country and/or the goods are sent to a EU country.
The Buyer is liable for additional charges referred to in paragraph 8.
The Buyer is responsible for providing correct delivery and invoicing details.
All goods will be sent upon prepayment and after the purchase price is credited to the Seller’s bank account.
All orders will be made under the terms of Delivered at place (DAP) rule.“An Incoterms® rule, applicable to any form or forms of transport (air, ocean, ground, or multimodal), under which the seller is responsible for delivery of the goods, ready for unloading, at the named place of destination (often the buyer’s place of business). The seller generally assumes all risks and pays all charges associated with shipment up to the named place of destination.The buyer/consignee takes responsibility for costs and risks when the goods are placed at buyer’s disposal ready for unloading at the named place of destination and is responsible for any import clearance formalities.”
Purchased goods will be shipped by the UPS shipping company.
Maximum weight of a parcel is 15 kg, meaning that the Buyer has to pay for e.g. 4 parcels if the weight of goods ordered is 60 kg.
Before the goods are packed and sent, photographs will be taken to document the condition of the goods. The Seller will not be held liable for any damaged parcels which the Buyer accepts from the shipping company.
The Buyer should not accept any damaged parcels and they should file a complaint with the shipping company.
The Seller will refund the purchase price without the Buyer returning and/or exchanging the goods if the parcel has been delivered undamaged and the Buyer is able to prove that the Seller is liable for the faulty shipment (e.g. missing items).
The Seller will not be held liable for any late delivery of goods due to prolonged customs clearance.

XII. ADDITIONAL INFORMATION

The Seller declares that the Buyer may only withdraw from a sales contract for profile accessories.
The Buyer may not withdraw form a sales contract for customized aluminium profiles.
The Seller advises that packages with up to 1500 mm can be delivered by courier or post, while packages exceeding the above length will be delivered by special transport.
The buyer can pick up the ordered Goods personally by selecting “Pick up” as the delivery method when placing the order. If the Buyer chooses to pick up the Goods personally the order can be processed and completed faster.
Orders placed before 6:00 PM on working days are dispatched by the Seller within 1-5 working days. If the ordered products are not in stock, this time may be extended.
The Seller dispatches Goods by post, courier or special transport. The Seller may not be held liable for actions of the above-mentioned carriers.
Within 7 days from the receipt of the Goods the Buyer has the right to file a complaint with the Seller due to defective Goods.
If the Buyer fails to pay for an order, subsequent orders of that Buyer will not be processed until the Buyer makes a prepayment.
If the Buyer orders customized Goods and fails to pay for that order, the Seller is entitled to charge interest starting on the first day after the time limit for payment has lapsed. The Seller may also serve the Buyer with a call for payment.
The Seller may not be held liable for faulty use of the Goods by the Buyer.
The Seller may not be held liable for any damage/injury due to the use of the Goods purchased from the Seller, in particular personal damage suffered by minors or underage persons.

XIII. OUT-OF-COURT RESOLUTION OF DISPUTES

The Seller agrees to refer any disputes arising out of or in connection with sales contracts concluded, including for the provision of digital content, to mediation proceedings.
A Buyer who is a Consumer and an entrepreneur exercising consumer rights can opt to use to claim damages out-of-court, in particular the Buyer:

is entitled to apply to the Permanent Consumer Court of Arbitration (Polish: stały polubowny sąd konsumencki) at the Provincial Trade Inspection (Polish: wojewódzka inspekcja handlowa) referred to in Article 37 of the Act on Trade Inspection for settling a dispute arising out of a sales contract. The Rules of permanent consumer courts of arbitration are set out in the Ordinance of the Minister of Justice of 25 September 2001 on the rules for the organisation and operation of permanent consumer courts of arbitration;
is entitled to make a motion to the Provincial Trade Inspection for instituting mediation proceedings referred to in Article 36 of the Act on Trade Inspection in order to settle a civil law dispute with the Seller amicably. Detailed information concerning the rules and procedure of mediation conducted by the provincial trade inspection is available in the offices and on the websites of the relevant provincial trade inspections;
may obtain free-of-charge assistance in resolving a dispute with the Seller by applying for such assistance to the District (Municipal) Consumer Ombudsman referred to in Article 39 et seqq. of the Act on Competition and Consumer Protection or to any civic organisation involved in consumer protection, such as: Federacja Konsumentów (www.federacja-konsumentow.org.pl), Stowarzyszenie Konsumentów Polskich (www.konsumenci.org).

XIV. FINAL PROVISIONS

The Buyers (Users) can familiarise themselves with these Terms and Conditions on the Online Store’s website where these were made available by the Seller.
No part of these Terms and Conditions may be reproduced or published without the Seller's written permission.
Polish law shall govern all disputes arising out of these Terms and Conditions unless otherwise stipulated by mandatory provisions of law. Any disputes arising out of these Terms and Conditions, when the other party is an Entrepreneur, will be resolved before a common court of law, competent for the registered office of the Seller.
These Terms and Conditions may be amended. The Buyer will be notified of any amendment to these Terms and Conditions and its effective date by means of information placed on the Online Store’s website. The effective date of any amendment will not be less than 14 days from the date of its announcement.
These Terms and Conditions may be amended when:

the applicable laws regulating the provision of electronic services or conclusion of distance transactions are changed, or
the product range of the Online Store is changed.

If any of the provisions of these Terms and Conditions is deemed invalid or ineffective this shall not affect the validity of other provisions of other provisions set forth in these Terms and Conditions.
If any of the provisions of these Terms and Conditions is deemed invalid or ineffective this shall not affect the validity of other provisions of these Terms and Conditions.
By placing an order the Buyer declares to have read and understood these Terms and Conditions and Privacy Policy. The Buyer also accepts and undertakes to comply with these Terms and Conditions. After placing an order the Buyer may not plea ignorance of these Terms and Conditions.
The provisions of applicable Polish laws, especially the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws of 2021, item 1360 consolidated text, as amended), the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2020, item 287, consolidated text, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, consolidated text) shall apply in all matters not regulated by these Terms and Conditions.

Attachments:

- Model declaration of withdrawal

MODEL DECLARATION OF WITHDRAWAL

(This form must be filled in and returned only if the Buyer wishes to withdraw from the sales contract)

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Place, date

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(Buyer´s details)

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(Order number)

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(Seller´s details)

DECLARATION OF WITHDRAWAL

I, conducting economic activity under the business name:

.......................................................................................................................................................

I hereby give notice of withdrawal from the sales contract concluded as part of the provision of electronic services(*) by the Service Provider/Seller:

Please indicate the number of goods returned, their designation and number.

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Date of sales contract .........................................

Number of the bank account for refunds**:

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Signature of the Buyer