APPLIAS EU sp. z o.o.
1.1 For the purpose of these general commercial terms and conditions, the following expressions shall have the following meaning:
a) Civil Code – the act of 23 April 1964 – Civil Code (consolidated text, Official Journal of 2020 s. 1145 as amended);
b) Consumer – a natural person conducting with an entrepreneur a legal activity which is not directly connected with the entrepreneur’s business or professional activity (art. 221 of the Civil Code);
c) Buyer – the Entrepreneur who is a purchaser of the Goods, as well as any other natural person, legal person or an organisational unit not being a legal person and not conducting business activity and other than the Consumer;
d) GCTC – these general commercial terms and conditions of the Seller constituting a standard form of the agreement in the light of Art. 384 of the Civil Code;
e) Entrepreneur – an entrepreneur in the meaning of Art. 4 s. 1 and 2 of the act of 6 March 2018 –Law for Entrepreneurs (consolidated text, Official Journal of 2019 s. 1292 as amended),
f) Individual Entrepreneur – an entrepreneur who is a natural person entering into an agreement connected directly with his/her business activity when it ensues from the agreement that it is not of professional character for him/her, resulting, in particular, from the objects of business activity, made available on the basis of provisions relating to the Central Register and Information on Economic Activity;
g) Seller – company under the business name APPLIAS EU sp. z o.o., having its registered office in Warsaw at the address ul. Solec 18/B21, 00-410 Warsaw, entered in the register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000835969, assigned tax identification number NIP: 7010977616 (TIN: PL7010977616) and REGON statistical number: 385867373;
h) Parties – the Seller and the Buyer;
i) Goods – products included in the Seller’s commercial offer;
j) Agreement – the delivery agreement entered into by the Parties, the subject of which is delivery of the Goods.
2.1 The GCTC shall be applicable only to the relations between the Seller and the Buyer that does not have the status of the Consumer. The Seller does not conduct sale of Goods for the benefit of the Consumers.
2.2 The Buyer who places an order with the Seller for the Goods accepts thereby the GCTC and consents to their being incorporated into the Agreement as its integral part. A contractual exclusion of any of the provisions of the GCTC shall not result in the exclusion of the remaining provisions of the GCTC. Any provision deviating from the GCTC proposed by the Buyer on an individual basis shall be binding upon the Seller only if the Seller clearly indicates in a letter or an e-mail that he consents to such provisions being incorporated into the Agreement.
2.3 In the event of any conflict or discrepancies between the standard form of the agreement used by the Buyer and the GCTC, provisions of the GCTC shall apply. Execution of delivery by the Seller shall not be deemed as acceptance of the standard form of the agreement used by the Buyer.
2.4 The GCTC are made public and they are available on the website applias.com.
2.5 All information, documents, as well as communications between the Buyer and the Seller will be in English.
3.1 Any advertisements, leaflets, price lists, catalogues and any other materials of similar kind addressed to the general public and to a specified Buyer shall not constitute an offer in the light of Art. 66 of the Civil Code but they are meant to be an invitation to discussions, unless their content explicitly provides otherwise.
3.2 Photos and descriptions of the Goods placed on the website applias.com and contained in the materials referred to in point 3.1 are only of informative nature and they may be outdated at the time of placing an order. Accurate information regarding the availability of the Goods, their currently applicable prices, technical data and terms of delivery may be obtained by contacting the Seller.
3.3 An order placed by the Buyer shall be deemed as an offer to enter into the Agreement that may be accepted by the Seller at any time, unless the time limit for being bound by the offer has been explicitly stated therein.
3.4 An order may be placed by the Buyer via a contact form placed on the website applias.com, by e-mail sent to the address: firstname.lastname@example.org or by phone at +44 203 129 1613.
3.5 An order should contain all the details necessary for its proper execution, including in particular the name of the Buyer, the legal form of the conducted business activity, seat address, tax identification number (TIN in the case of intracommunity deliveries), detailed specification of the Goods being ordered, the place of delivery of the Goods and the e-mail address to which invoices are to be sent if it is different from the e-mail address from which the order was sent.
3.6 The Agreement is entered into the moment the Buyer receives an order confirmation from the Seller or at the time the ordered Goods are dispatched. Placing an order alone by the Buyer shall not bind the Seller and lack of order confirmation shall not imply acceptance of the order for processing by the Seller.
4.1 The Seller undertakes to deliver the Goods to the Buyer in accordance with the order confirmation, the offer submitted to the Buyer or the concluded Agreement.
4.2 The prices quoted in the order confirmation, the order or in the Agreement are net prices in Polish zlotys (PLN) or in euro (EUR) and they do not include taxes, costs of shipping, packaging and insurance, if applicable.
4.3 Payment for the Goods shall be made as a prepayment before accepting the order for processing or before shipment of the Goods.
4.4 The Buyer may choose the following methods of payment for the ordered Goods:
a) via bank transfer,
b) by payment card or bank transfer via ComGate - an external fast payment system.
4.5 The Seller issues a proforma invoice, an advance invoice or an invoice documenting completed delivery of the Goods and sends it to the Buyer via e-mail in the form of an electronic image of the document saved in the PDF format sent to the e-mail address from which the order was sent, unless another address was provided in the order.
4.6 If the Buyer is in delay with payment of the agreed prepayment or advance, the Seller may withdraw from the Agreement without setting an additional time limit for the Buyer’s payment. The Seller may take advantage of this entitlement within 30 days commencing from the date on which the payment deadline expires.
5.1 The delivery of the Goods shall be made by delivering them to the address indicated by the Buyer.
5.2 The costs of transport, insurance, charges and any other costs connected with the delivery of the Goods shall be borne by the Buyer, unless the Parties hereto explicitly agree otherwise. If the Parties did not agree otherwise, the costs of transport provided on the website applias.com, tag “How we send” shall apply.
5.3 The time of Goods delivery is arranged with the Buyer on each time basis, after clarifying all commercial and technical issues. However, the time limit for delivery cannot start to run earlier than on the order confirmation date and not earlier than before the prepayment or advance payment is effected by the Buyer, unless the Parties explicitly agree otherwise.
5.4 The time of Goods delivery shall be deemed to have been met if the Goods are dispatched on the day of expiry of the deadline, at the latest.
5.5 The Seller is released from the obligation to deliver the Goods on the arranged date and may extend the delivery time or withdraw from the Agreement if the Buyer fails to meet its obligations towards the Seller or if there occurs an event beyond the control of the Seller, preventing timely performance of the Agreement. Such events include both delay in delivery or refusal to deliver the Goods due to reasons attributable to the supplier (manufacturer of the Goods) and force majeure events of extraordinary nature which could not have been foreseen or prevented, such as floods, hurricanes, earthquakes, acts of war, states of emergency or natural disasters. The Seller shall notify the Buyer of the possible risk of delay in delivery of the Goods as soon as possible. Failure to deliver the Goods within the agreed time due to the above stated reasons shall not give the Buyer any right to bring claims against the Seller for redressing the damage resulting from non-performance or untimely performance of the Agreement.
5.6 If the Buyer cancels an order for the Goods in part or in whole before the day of shipment of the Goods, or refuses to accept the ordered Goods or if the shipment containing the Goods is returned to the sender due to any other reasons, the Buyer shall reimburse the Seller for all the costs incurred by the latter (including the costs incurred by the Seller in connection with shipment of the Goods to the address indicated by the Buyer and the costs of sending back the Goods) and it shall pay the Seller a handling fee amounting to 10% of the net value of the ordered Goods.
5.7 The Buyer is obliged to check the quality of the Goods upon their delivery. The Buyer shall notify the Seller within three (3) business days from the date of delivery about any loss, damage or quantitative shortages of the Goods.
5.8 Any benefits and burdens connected with the Goods, in particular the risk of accidental loss, destruction or damage shall pass upon the Buyer upon handing over the Goods.
5.9 The Seller shall not bear any liability whatsoever for any losses, changes and damage to the Goods occurred during transportation. Such damage shall not entitle the Buyer to request the Seller to supply a replacement delivery (containing the Goods of full value), nor shall it entitle the Buyer to claim compensation, without prejudice to the Buyer’s right to claim compensation from any other entities responsible for the occurred damage.
6.1 The warranty term is twenty-four (24) months and is calculated from the date of sale. An invoice shall be the basis for a warranty claim.
6.2 In view of the granted warranty, the Seller’s liability for defects in the Goods under the statutory warranty shall be excluded.
6.3 Under the guarantee, the Seller undertakes towards the Buyer to remove any physical defects and to deliver the Goods free from any defects.
6.4 In order to exercise the guarantee rights, the Buyer shall notify the Seller about the defects in the Goods within three (3) days following detection of the defects.
6.5 A warranty claim should contain at least the name or the forename and surname of the Buyer, its/his address, forename, surname and contact telephone number of the person submitting the claim, identification details of the claimed Goods, the number and purchase date of the claimed Goods, description of the defect and conditions in which the defect in the Goods was identified.
6.6 The Buyer shall provide the Seller with any assistance to properly assess the defect and agree on the method of its removal.
6.7 If removal of the defects proves impossible, the Seller shall refund the price paid for the defective Goods. Where this is the case, the Seller shall have no right to claim reimbursement of costs of repair or replacement it such repair or replacement has not been previously accepted by the Seller. In particular, the rights under the guarantee do not include the Buyer’s rights to claim reimbursement of lost profits in connection with the defect in the delivered Goods.
6.8 The Seller shall be held liable for defects that occurred as a result of proper use of the Goods. The Goods shall be deemed to have been properly used if they are used in accordance with the general conditions of operation of technical equipment and conditions contained in operating manuals, technical documentation of the Goods, catalogue pages or other documents delivered along with the Goods.
6.9 The Seller shall not be held liable for damage or destruction of the Goods resulting from their improper installation or improper operation and proper operation shall be understood as the use in accordance with the intended purpose.
6.10 The guarantee shall not apply to the Goods which have been repaired or modified outside the maintenance service points indicated by the Seller or the Goods manufacturer, unless they have been carried out subject to a prior consent of the Seller.
6.11 Any damage caused due to the natural wear and tear of the parts wearing during shorter time than the established warranty period shall not be covered by the guarantee.
7.1 The Buyer reporting a claim shall deliver the faulty Goods to the Seller at its own cost in packaging ensuring that the Goods are protected during transportation against any mechanical damage. Upon the Buyer’s request the Goods may be repaired, in duly justified cases, on their installation site. Where this is the case, the Buyer will not be charged for the man-hours spent by the servicemen outside the Seller’s seat or for the cost of repair or replacement of the defective parts. However, the Buyer will be obligated to cover the costs of travel and accommodation.
7.2 The Buyer shall arrange with the Seller the deadline for processing the claim and carrying out the repair. The default time for completion of the claim-handling procedure shall be fourteen (14) days following the receipt of the defective Goods. In particular, this time limit may be extended if any parts need to be imported if the repair requires that the defective Goods must be sent to the manufacturer.
7.3 In the event of establishing that the warranty claim is unjustified, the Seller may charge the Buyer for the costs relative to expertise and verification and any other costs connected with having to process a claim notification.
7.4 The Buyer is entitled to have the Goods replaced with the Goods free from any defects if during the warranty term the Goods were repaired under warranty three times and the Goods still have the defects that render their use impossible.
7.5 The Seller may have the claimed Goods replaced with the Goods free from any defects which are either identical or functionally compliant but not of worse quality provided it is not possible to acquire identical Goods – in the situation where the costs of repair of the defective Goods are higher than the purchase price.
7.6 For the parts replaced or repaired under the warranty, the warranty term starts afresh. In respect of the remaining components of the Goods, the warranty period shall be extended by the time the Goods remained at the point providing maintenance services.
7.7 The parts obtained during the warranty repair shall become the property of the Seller.
7.8 After completion of the warranty repair, the Goods will be delivered to the Buyer at the cost of the Seller.
8.1 The Buyer who is an Individual Entrepreneur may withdraw from the Agreement without giving any reason by submitting in writing a relevant statement within fourteen (14) days of the date handing over the Goods, i.e. from the day on which the Buyer acquires physical possession of the Goods or:
a) if the Buyer places one order covering a number of Goods which are delivered separately, split or in parts, the fourteen-day time limit shall be calculated from the moment the last Goods, split delivery or part comes into physical possession of the Buyer;
b) if the Buyer places one order covering split or partial delivery of Goods, the fourteen-day time limit shall be calculated from the moment the last split delivery or part comes into his physical possession.
In order to keep the time limit, it is sufficient to send the Goods before expiry of the set time limit.
8.2 Withdrawal from the Agreement shall be effected by submitting to the Seller by the Buyer an unambiguous statement. Such a statement may be drawn up on the form available on the website applias.com in the tab https://applias.com/how-to-return-and-refund-my-purchase/, however, it is not obligatory.
8.3 The statement may be sent, in particular:
a) via e-mail to the address: email@example.com. In such a case the Seller shall immediately confirm the receipt of withdrawal on the durable medium.
b) via traditional post to the address: APPLIAS.com, Tř. Osvobozených politických vězňů 156/6, 29471 Benátky and Jizerou, CZ.
8.4 In the event of withdrawal from the Agreement without stating the reason, the Buyer shall return the purchased Goods to the Seller to the address indicated in the withdrawal form on the subpage https://applias.com/how-to-return-and-refund-my-purchase/.
8.5 The Buyer shall be responsible only for the direct costs of returning the Goods equalling the costs of shipment by courier or by other means selected by the Buyer.
8.6 In the event of returning the Goods on account of withdrawal referred to in point 8 of the GCTC, the Buyer shall be responsible for the decreased value of the Goods resulting from their use in a manner that goes beyond the manner necessary to verify the nature, features and functioning of the Goods.
8.7 Any payments made by the Buyer shall be refunded by the Seller within fourteen (14) days from the date of receiving the statement of withdrawal from the Agreement. If the Seller has not proposed that he will collect the Goods from the Buyer himself, he may suspend refunding the payment received from the Buyer until he receives the Goods back or until he receives a confirmation that the Goods were sent back by the Buyer, depending on whichever occurs first.
8.8 The payments referred to in point 8.7 shall be refunded in the same way as the one used by the Buyer, unless he agreed to another method of refunding, not resulting in any additional costs for the Seller.
8.9 The Buyer who is not the Individual Entrepreneur is not entitled to withdraw from the Agreement, referred to in point 8 of the GCTC. In respect of such Buyers the rules and time of withdrawal from the Agreement are regulated by the provisions of the Civil Code.
9.1 The Seller shall be the controller of the Buyer’s personal data transferred to the Store while placing an order and in connection with the performance of the Agreement.
9.2 The Buyer’s personal data are processed pursuant to the Agreement and for the purpose of its execution, subject to the terms set forth in the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
10.1 Invalidity or exclusion, including contractual one, of any of the provisions of the GCTC shall not result in the invalidity or exclusion of the remaining provisions of the GCTC. An invalid provision of the GCTC shall be replaced with the provision as closely similar as possible to the mutual will of the Parties and economic purpose of faulty provision.
10.2 In the event of the Agreement concluded by the Seller with the Individual Entrepreneur, the provisions of points 3.2, 5.5, 5.6, 5.7, 6 and 10.5 shall not apply. In place of such provisions generally applicable provisions of law shall take effect.
10.3 Legal relationship resulting herefrom shall be governed and shall be interpreted in accordance with Polish law.
10.4 Provisions of Polish law, in particular of the Civil Code, shall apply in all matters not regulated hereunder.
10.5 Any disputes between the Buyer and the Seller, arising out of or in connection with Agreements shall be resolved by the court having jurisdiction over the Seller’s seat. The Seller, however, shall have the right to sue the Buyer before the court having jurisdiction over the Buyer’s seat.
10.6 The Seller is entitled to amend these GCTC at any time. Where this is the case, the amended GCTC shall apply to all Agreements concluded after the date they were modified.