GENERAL BUSINESS CONDITIONS
PAKERY.PL 

Art. 1 GENERAL PROVISIONS


§ 1. These General Terms and Conditions (GTC) have been established on the basis of Art. 384  and subsequent acts of the Civil Code and define the rules for concluding and implementing contracts for the sale of goods concluded by Hammpack Sp. Z OO  address: 02-690 Warszawa, ul. Bokserska 47, tax identification number:  9512466806 REGON:  380 860 490  (Seller)  with contractors (Buyers) concluding these contracts only for the purpose directly related to their business activity.

§ 2. The goods are not sold to natural persons – consumers within the meaning of the Civil Code, therefore the GTC do not apply to consumers.
§ 3. The GTC are available on the website www.pakery.pl  and at the request of the Buyer, they can be sent to his address in electronic form.
§ 4. By placing an order by the Buyer, the Buyer accepts and accepts these General Terms and Conditions without reservations.

Art. 2. CONCLUSION OF THE CONTRACT
§ 1. Any commercial information of an advertising and marketing nature, regardless of their form, including price lists, do not constitute an offer within the meaning of the Civil Code
§ 2. The contract is concluded by submitting and accepting an offer (also after its possible agreement).
§ 3. The conclusion of the contract requires the Buyer to each time submit an order to the Seller by phone, fax, in writing or by e-mail specifying the price, type and quantity of the ordered goods, as well as data (name and surname, position) of the person placing the order on behalf of the Buyer and the Buyer himself (in including tax identification number). If the right of the Buyer’s representative does not result from the data available in the National Court Register or the Central Register and Information on Economic Activity, a copy of the document authorizing the Buyer to represent the Buyer should be attached to the order.
§ 4. The contract is concluded upon confirmation of the order by the Seller. The order is treated as an offer and its confirmation as acceptance of the offer.
§ 5. In the case referred to in Art. 6 § 3, the contract is concluded upon confirmation by the Buyer of the order after obtaining the Seller’s information about the acceptance of the order containing the current price of the ordered goods.
§ 6. The seller does not distribute with the participation of direct or indirect agents.
§ 7. The confirmation of the conclusion of the contract is a VAT invoice, by submitting the offer, the Buyer agrees to receive VAT invoices in electronic form.

ART. 3. ORDER COMPLETION DATES
 § 1. The delivery time is only indicative and does not create any obligations on the part of the Seller, unless the Parties agree otherwise through negotiations.
§ 2. The order fulfillment period begins on the date indicated in the order confirmation.
§ 3. The terms of delivery and / or execution of the order as well as other terms of sale may change, also after the Buyer places an order for the goods, in particular as a result of force majeure and other circumstances beyond the control of the Seller, and as a result of changes in the market situation and current commercial conditions related to, inter alia, relations of the Seller with entities cooperating in the performance of contracts by the Seller. The Buyer will be immediately informed about the change in the delivery date and / or order execution and other terms of sale.


ART. 4. DELIVERY, RECEIPT OF GOODS

§ 1.  In the order, the Buyer specifies the method of delivery of the goods.
§ 2. The goods may be delivered either at the Seller’s premises or another place indicated by the Seller, or it may be delivered by courier.
§ 3. The cost of delivery is covered by the Buyer.
§ 4. It is assumed that the goods are released upon handing them over to the Buyer or the courier company.
§ 5. The buyer is obliged to pick up the ordered goods. Failure to collect the goods does not release the Buyer from the obligation to pay the entire price. After the deadline for collecting the goods, the Seller has the right to charge the Buyer a fee for its storage in the amount of 1/24 of the price of the unclaimed goods for each full month of storage. If the cost of storage reaches the price of the goods, the Seller has the right to sell the goods again (exercising this right releases the Buyer from the obligation to pay for the storage but does not release him from the obligation to pay the selling price).
§ 6. Upon receipt of the parcel, the Buyer is obliged to carefully check the condition of the outer packaging in the presence of the courier. If the Buyer finds external damage to the shipment, the Buyer should prepare a damage report in the presence of the courier, including a description and photos of the shipment. Out of two identical copies signed by the courier, one should be sent to the Seller, the other one stays with the Buyer. In this case, the goods are returned to the Seller in order to initiate a complaint procedure with the courier company.

ART. 5. PASSING OF RISK AND RESTRICTION OF OWNERSHIP
§ 1. The risk of loss or damage to the goods passes to the Buyer upon handing it over to the Buyer or the courier company.
§ 2. The goods remain the property of the Seller until full payment of the price resulting from the sales invoice issued by the Seller for the goods (Art. 589 of the Civil Code). Any payments made by the Buyer, the Seller is entitled to count towards any incidental charges (including receivables for the storage of goods) first, before including them against the selling price.
§ 3 The Buyer is obliged to handle the goods properly and may not encumber the goods with any rights to third parties, in particular, he may not pledge the goods or transfer them to third parties (both free of charge and for a fee), without the consent of the Seller.

ART. 6 PRICE AND PAYMENT RULES
§ 1. The sale of goods takes place according to the prices in force on the date of order confirmation and included in the Seller’s price list.
§ 2 The prices covered by the offer and its acceptance are valid only for the performance of a given order, unless the parties agree otherwise in writing. The fulfillment of one order based on specific prices does not oblige the Seller to maintain these prices for the next order.
§ 3. The Seller reserves the right to change the prices specified in the price list and is not responsible for the failure to notify the Buyer of the change in advance. In this case, the Buyer will be informed about the acceptance of the order and  the current price of the ordered goods (the so-called counter-offer requiring acceptance by the Buyer). In this case, the contract will be concluded in the manner indicated in art. 2 § 5 of the GTC.
§ 4 The form of payment is a bank transfer to the Seller’s account before the goods are released from the warehouse (prepayment). The costs of banking transactions are borne solely by the Buyer.
§ 5.    Other terms and conditions of payment may be agreed by the parties and indicated in the VAT invoice documenting the sale of the goods.
§ 6 The moment of payment of the price is the payment of funds to the Seller’s bank account.
§ 7. In the event of delay in payment of all or part of the price, the Seller has the right to charge statutory interest for the delay and suspend the delivery of the ordered goods until the entire price is paid, plus any due statutory interest for the delay, calculated for the period of delay in payment.
§ 8. In the event of a discrepancy between the ordered and delivered goods and the content of the VAT invoice documenting the sale, the Seller shall issue and provide the Buyer with a correcting invoice. If the invoice is to be corrected at the request of the Buyer, the request should contain information about the discrepancies found and  number of the disputed VAT invoice.

ART. 7. WARRANTY
The seller is liable under the warranty for physical and legal defects of the product sold, however, this liability is limited as follows:Notice of a defect  may be submitted in writing, indicating the number of the VAT invoice documenting the sale of the product, within 8 days from  detection of defects, under pain of losing the rights with the warranty.  Warranty period  is 30 days from the date of delivery of the item to the Buyer.

  1. The seller within 14 days of receiving the correct complaint, i.e. a written notification containing the number of the VAT invoice documenting the sale of the product,  will notify the Buyer about the manner of settling the claim.
  2. The buyer may demand that the goods be replaced with a defect-free one or that the defect be removed.
  3. The Seller may refuse to satisfy the Buyer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Buyer or would require excessive costs for the Seller compared to the second possible method of bringing the defective item into conformity with the contract. The seller may refuse to replace the product with a product free from defects or to remove the defect also when the costs of compensating this obligation exceed the price of the sold item.
  4. In the case referred to in point d) above, the Buyer may submit a declaration of  price reduction or withdrawal from the contract.
  5. The costs of returning the goods shall be borne by the Seller up to the amount of the return costs, which would be made through the entity and in the manner previously indicated by the Seller.
  6. If the Seller decides so instead of returning the goods, the Buyer is obliged to destroy it or remove it as waste at the Seller’s expense, on the terms specified below. The destruction or removal of the goods as waste will take place by a previously agreed date by the Seller  an entity that disposes of or collects products as waste, and before  the price agreed by the Seller.  The Seller shall bear the costs of destroying or removing the goods as waste only within the amount determined in the above manner.

ART. 8. LIMITATION OF LIABILITY
§ 1 The Seller is not responsible for typographical errors  in commercial materials, v  especially in  brochures, catalogs and advertising leaflets.
§ 2. Illustrations and photos included in the commercial materials are only for general presentation of the goods and do not guarantee the receipt of an identical product.
§ 3. The Seller is not responsible for the existence of copyrights, patents or registered industrial designs related to the Seller’s offer in the places of further resale of the products.
§ 4. The Seller is not liable for damages caused by improper or unprofessional use of the products, as well as their incorrect installation by the Buyer or third parties, normal wear, incorrect or careless use.
§ 5. The Seller is not responsible for the functional deficiencies of the goods resulting from the wrong selection of products by the Buyer, who should carefully read and verify whether the functionalities offered by the goods meet the Seller’s needs before making the purchase.

ART. 9. FORCE MAJEURE
The Seller shall not be liable for non-performance or improper performance of obligations under the contract for the sale of goods, if the non-performance or improper performance of obligations is caused by circumstances beyond the Seller’s control, despite due diligence (force majeure).

ART. 10. CHANGE OF GENERAL TERMS AND CONDITIONS OF SALE AND WARRANTY
PAKERY.PL reserves the right to change any point of the above General Conditions of Sale. If such a situation occurs, the amended Terms and Conditions shall apply to all new Orders placed after the modification date, as well as to Supplementary Orders to previous Orders or Orders related to a previous sale.

ART. 11. TRADE SECRET
All information regarding the activities of PAKERY.PL, which are not publicly known, as well as the content of the Order and the arrangements of the parties related to their mutual commercial cooperation, are confidential and constitute a trade secret. The parties agree that they will not disclose confidential information to third parties or use it for purposes other than the performance of obligations under these Terms and Agreements for the sale of goods.
The Buyer will take all necessary steps to prevent disclosure of confidential information, including by third parties with the help of which the Order is carried out.
If the Buyer is obliged by mandatory provisions of law to disclose any information regarding the activities of PAKERY.PL, he will notify PAKERY.PL about it and will cooperate with it in order to eliminate or minimize the negative effects of disclosing such information. This obligation is binding indefinitely. Without the written consent of PAKERY.PL under pain of nullity, the Buyer shall not use the name, trademarks or trade names of PAKERY.PL, or refer to economic relations with PAKERY.PL for any purpose.

ART. 12. FINAL PROVISIONS
§ 1. If any provision of the General Terms and Conditions is found to be invalid, illegal or unenforceable for any reason, the remaining provisions will be fully binding and effective as if the General Terms and Conditions would apply without such invalid, illegal or unenforceable provision.
§ 2. Amendments to the General Terms and Conditions made by the Seller shall have legal effects in relation to contracts concluded from the moment of publishing the changes on the website. www.pakery.pl . Such changes apply to contracts concluded on the basis of offers submitted from the date of publication of the new General Terms and Conditions.
§ 3. In matters not covered, the provisions of Polish law shall apply, in particular the Civil Code. Polish law shall apply to any disputes between the parties.
§ 4. In the event of a dispute between the parties, the Buyer and the Sellers undertake to try to resolve it amicably. In the event of disagreement, any disputes shall be resolved by the Polish court having material and local jurisdiction for the seat of the Seller.
§ 5. The parties undertake to notify each other of any change of address. In the absence of notification of a change of address, correspondence delivered to the address indicated in the order shall be deemed delivered and causing all legal effects contained therein.

THE INFORMATION OBLIGATION OF THE GDPR
1. The administrator of the entrepreneur’s data provided during registration on the B2B wholesale platform (also known as the B2B Platform) is Hammpack Sp. Z OO, address: 02-690 Warszawa, ul. Bokserska 47, number  NIP (tax identification number):  9512466806 REGON:  380 860 490.
2. Personal data is processed in connection with the implementation of tasks resulting from sales contracts.
3. The recipient of personal data are authorized employees of PAKERY.PL and logistics companies cooperating with PAKERY.PL in the implementation of deliveries.
4. PAKERY.PL does not provide for the use of data for purposes other than in connection with the implementation of sales contracts (i.e. the process of order fulfillment, invoicing and settlement of orders).