ART. 1 GENERAL PROVISIONS
§ 1.
These General Terms and Conditions (GTC) have been established on the basis of Art. 384 and following of the Civil Code Acts - uniform text: Journal Of Laws of 2014, item 121 - (K.C.).
§ 2.
The GTC apply to contracts for the sale of goods and / or services concluded by SUNGBOO Spółka z ograniczoną odpowiedzialnością, ul. Chemiczna 14, 22-100, Chełm, entered into the National Court Register kept by the District Court of LUBLIN-EAST IN LUBLIN with its registered office in ŚWIDNIK, 6th Economic Department of the National Court Register under the KRS number: 0000029870, address: KRS: 0000029870, address: KRS: 0000029870, address: 5630881702, REGON number: 5630881702: REGON number: 5630881702 e-mail: info@sungboo.pl (Seller) with contractors (Buyer) concluding these contracts for the purpose directly related to their business activity.
§ 3.
Before placing the order, the Buyer should provide the Seller with copies of documents confirming his status as an entrepreneur in the National Court Register or an extract from CEDIG, a certificate of assignment of the NIP and REGON number, as well as notify about any changes.
§ 4.
In the event of the sale of goods and / or services to natural persons - Consumers within the meaning of the Civil Code, then the GTC shall apply only to the extent that applies to (Consumers).
§ 5.
The GTC are available on the website www.sungboo.pl and, at the request of the Buyer, may be sent to his address in electronic or paper form.
§ 6.
It is understood that by signing the contract or placing an order by the Buyer and accepting the delivered goods and / or services, the acceptance and acceptance of the GTC without reservations.
§ 7.
In the event that the Buyer remains in permanent business relations with the Seller and the GTC have been accepted by the Buyer in the manner specified in Art. 1 § 6 of the GTC, it is assumed that they will be applied throughout the entire period of permanent commercial relations by the parties.
§ 8.
The buyer is obliged to verify the suitability of the ordered goods and / or services for the intended use.
§ 9.
The buyer is authorized to use the Sungboo trademark / logo in a lawful manner. In particular, the Buyer is not entitled to modify, remove or obscure this trademark placed on the goods purchased from the Seller.
ART. 2 CONCLUSION OF THE CONTRACT
§ 1.
Any commercial information of an advertising and marketing nature, regardless of their form, does not constitute an offer within the meaning of the provisions of the Civil Code.
§ 2.
The contract is concluded by signing a mutually negotiated text of the contract by both parties or by submitting, agreeing and accepting the offer referred to in art. 2 § 4 - § 9 of the GTC.
§ 3.
The contract concluded by signing the mutually negotiated text of the contract by both parties shall apply from the date of signing the contract or from another date specified in this contract by the parties.
§ 4.
Conclusion of the contract by submitting, agreeing and accepting the offer requires the Buyer to each time place an order with the Seller - in writing - by e-mail or via the shopping functions on the website www.sungboo.pl. The order should specify the price, type and quantity of the ordered goods and / or the type and scope of services as well as the date of their delivery and / or performance. It is assumed that the order is placed and signed by a person authorized to place orders on behalf of the Buyer.
§ 5.
For its validity, each order must be immediately, no longer than within 7 working days, confirmed by a person authorizing the Seller to represent the Seller with confirmation of acceptance of all the conditions indicated in the order, in particular the date of delivery of the goods and / or performance of the service and the price.
§ 6.
The Buyer may not cancel or change a properly confirmed order without the consent of the Seller.
§ 7.
Any changes to the terms of the contract, for their validity, require compliance with the procedure specified in § 4 and § 5.
§ 8.
The conclusion of the contract takes place when the Seller sends the order confirmation, except for the situation described in § 7.
§ 9.
In the case referred to in Art. 6 § 4, the contract is concluded upon receipt by the Seller of the order confirmation containing the current price of the ordered goods and / or services.
§ 10.
The Seller is not responsible for the consequences of errors made in the content of the order placed by the Buyer.
§ 11.
The Buyer may not assign the rights arising from the concluded contract for the sale of goods and / or services to third parties without the written consent of the Seller.
ART. 3 ORDER COMPLETION DATES
§ 1.
The order fulfillment period begins on the date specified in the contract or order confirmation.
§ 2.
The terms of delivery and / or execution of the order and other terms of sale may change, also after the Buyer places an order for goods and / or services, 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 the current of commercial conditions related, inter alia, to the relationship of the Seller with entities cooperating in the performance of contracts by the Seller. The Buyer will be informed immediately about the change of the delivery date and / or order fulfillment and other terms of sale.
ART. 4 DELIVERY, RECEIPT OF GOODS AND / OR SERVICES, COMPLAINTS, WARRANTY
§ 1.
The goods are collected at the Seller's warehouse, at the Buyer's expense and risk. It is possible for the Seller to order the delivery of goods to the Buyer.
§ 2.
In the event that the transport of the ordered goods is organized by the Buyer, the carrier selected by him must be notified to the Seller and approved by the Seller before shipment. The cost of transport is covered by the Buyer.
§ 3.
It is assumed that the goods are delivered when they are handed over to the Buyer or the carrier indicated by him.
§ 4.
It is assumed that this service is performed upon the Buyer's signing of the delivery document.
§ 5.
The buyer is obliged to pick up the ordered goods and / or service. Failure to collect the goods and / or services does not release the Buyer from the obligation to pay the entire price.
§ 6.
Upon receipt of the parcel organized by the Seller, the Buyer / Consumer is obliged to carefully check the condition of the outer packaging in the presence of the courier. If the Buyer / Consumer finds external damage to the shipment or reservations as to the quantity of the delivered goods or the content of the shipment, the Buyer / Consumer 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 / Consumer. In this case, the Seller will initiate a complaint procedure with the carrier.
§ 7.
In justified cases, it is possible to submit a quantitative or qualitative complaint. This should be done within 3 working days from the date of receipt of the goods. The complaint can be sent using the address data or the message form available in the "Contact" tab. You can also use the "COMPLAINT FORM" available in the "Complaints" tab. The complaint will be dealt with immediately, but not later than within 14 days of its receipt.
§ 8.
The consumer has the right to file a complaint based on the provisions on the warranty. The entity responsible for the defects is the Seller. Legal basis: art. 588 § 1 of the Civil Code.
ART. 5 PASSING OF RISK AND RESTRICTION OF OWNERSHIP
§ 1.
The risk of loss or damage to the goods passes to the Buyer when the goods are handed over to the carrier, but at the latest when the goods leave the Seller's warehouse.
§ 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.
§ 3.
The Buyer is obliged to properly handle the goods and conclude a full insurance contract at his own expense in the event of fire, flooding, theft, destruction or damage.
§ 4.
The buyer may not burden the goods with any rights to third parties.
§ 5.
The Buyer is obliged to immediately inform the Seller about the enforcement proceedings being conducted against the Buyer, during which the goods may be seized by the enforcement authority.
ART. 6 PRICE AND PAYMENT RULES
§ 1.
The sale of goods and / or services takes place according to prices valid as of the date of order confirmation covered by the Seller's price list. If the goods and / or services covered by a given order are not included in the price list, the sale shall be made at a mutually agreed written price.
§ 2.
The prices indicated in the price list or agreed by the parties are valid only for the performance of a given order, unless the parties agree otherwise in writing.
§ 3.
All prices determined and made available by the Seller are net prices applicable in the Seller's warehouse, EXW Chełm (INCOTERMS 2000).
§ 4.
The Seller reserves the right to change the prices specified in the price list in the event of changes in exchange rates and other factors influencing the price. In this case, the Buyer will be informed in the order confirmation about the current price of the ordered goods and / or services.
§ 5.
The form of payment is a bank transfer to the Seller's account. The costs of banking transactions are borne solely by the Buyer / Consumer, also referred to in this paragraph as the Customer.
The seller provides the option of making online payments. The entity providing online payment services is Blue Media S.A.
Payment methods available:
A / Bank transfer
B / Electronic payments
C / Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro
If there is a need to return the funds, the Seller shall refund the payment within 14 days using the same method of payment as used by the Customer, unless the Customer expressly agreed on another method of return that does not involve any costs for him.
If the Customer chooses the method of payment by bank transfer, electronic payment or credit card - the order processing time is counted from the date of crediting the Seller's bank account.
A consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from it without giving any reason within 14 days.
§ 6.
There are deadlines and other terms of payment agreed pursuant to Art. 2 GTC.
§ 7.
The moment of payment of the price is the receipt of funds on the Seller's account.
§ 8.
In the event of delay in payment of the price, the Seller has the right to charge statutory interest and suspend the delivery of the goods and / or the provision of services until the entire price is paid plus due statutory interest calculated for the period of delay in payment.
§ 9.
The Buyer may not be able to deduct receivables from receivables resulting from contracts concluded with the Seller.
ART. 7 WARRANTY
§ 1.
The warranty is valid for a period of 3 months from the date of receipt of the goods by the Buyer, unless the terms of the guarantee attached to the goods state otherwise.
§ 2.
The Seller, within 14 days from the date of receipt of the warranty claim, will notify the Buyer about the method of settling the claim and about the date of repair or replacement of the goods.
§ 3.
The seller may refrain from meeting the deadline for realizing warranty claims if there are disruptions in the activities of his company due to import / export restrictions and / or other legal regulations, or other unforeseeable circumstances.
§ 4.
The warranty does not cover:
a) damage caused not by the fault of the Seller, and caused in particular by: fire, flooding with liquids or other external factors;
b) defects resulting from improper transport, storage and use, in particular the use of the goods contrary to its intended use;
(c) wear and tear as a result of normal use of the goods;
d) dirt resulting from the opening / use of the goods.
§ 5.
The warranty becomes void in the event of breach of its terms, in particular when:
a) the proof of purchase of the goods will be unreadable in terms of the data they contain or if their content has been changed in any way;
b) persons other than the Seller interfered with the goods, in particular they made modifications, changes and repairs;
§ 6.
The Seller's liability under the warranty is limited to the warranty period indicated above and is limited to the value of the goods determined according to the transaction price on the date of purchase and does not include the right to demand reimbursement of lost profits due to product defects, in particular, it does not include compensation for loss of time , for the temporary inability to use the goods, inconvenience and related to warranty claims, inconvenience or costs. The seller is not responsible for damages caused by damaged or defective goods.
§ 7.
After the expiry of the warranty period, all repairs made by the Seller are paid repairs. The cost of delivering the goods for repair is covered by the Buyer.
ART. 8 LIMITATION OF LIABILITY
§ 1.
Any liability of the Seller towards the Buyer and third parties is excluded to the fullest extent permitted by applicable law.
§ 2.
The tort and contractual liability of the Seller towards the Buyer and third parties is excluded, subject to the mandatory provisions of the Civil Code.
§ 3.
The Seller's liability to the Buyer and third parties for any damage that could be caused intentionally is limited to the unit price of the goods that caused the damage - as shown on the Seller's invoice. This liability does not include the right to claim reimbursement of lost profits or liability for indirect damages.
§ 4.
The Seller is not responsible in particular for damages caused by inadequate or unprofessional operation, normal wear, incorrect or careless use, and in particular for the consequences of unprofessional modifications undertaken without the consent of the Seller or repair work carried out by the Buyer or third parties.
§ 5.
The Seller is not responsible for the functional deficiencies of the goods resulting from the wrong selection of the goods 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.
§ 6.
The Seller shall not be liable for claims of third parties arising in connection with the use of the goods by the Buyer, or for the use of the goods by unauthorized third parties, to the detriment of the Buyer.
§ 7.
The Seller shall not be liable in any way for the Buyer's obligations towards third parties.
§ 8.
In the event of a third party taking the course of action, they are against the Seller with a claim regarding damages suffered by that person in connection with the goods and / or service, then the Buyer undertakes to take legal proceedings on the part of the Seller, if the law permits it, and support the Seller in the course of such proceedings and pay all amounts related to with this procedure, including damages, court costs and costs of legal representation, etc.
§ 9.
The Seller is not responsible for the Buyer's failure to obtain any permits required by law.
ART. 9 RETURN OF GOODS
§ 1.
It is allowed to return the purchased goods on the terms set out below, subject to Article 6 § 5.
§ 2.
Only goods may be returned:
a) purchased by the Buyer not earlier than after 90 days;
b) in their original condition (Original Condition), i.e. goods intact to the condition in which they were released from the Seller's warehouse;
c) in a condition that enables restoration to the Original Condition, and all costs related to restoration to the Original Condition are covered by the Buyer;
d) for which there is a high probability of its resale by the Seller to other Customers within no more than 30 days.
§ 3.
The notification of the goods for return, together with the reasons for the return, should be made via the contact details available in the "Contact" tab. The basis for the commencement of the goods return procedure is the original proof of purchase - a VAT invoice.
§ 4.
The Seller will start the procedure for returning the goods immediately after the Buyer has handed them over and will be completed no later than 30 days from the date of its receipt.
§ 5.
The Seller reserves the right to refuse to return the goods if:
a) it is not possible to restore the goods to their original condition;
b) the goods have been withdrawn from the Seller's offer (the binding product offer is the Seller's offer published on www.sungboo.pl).
c) the product has been produced in a special version that is not subject to the standard rotation of the product.
§ 6.
The final decision regarding the acceptance or refusal to return the goods is made by the Seller, within the period specified in § 4, about which the Buyer shall notify the Buyer electronically.
§ 7.
Unless the return of the goods is due to the fault of the Seller, the costs related to the transport of the goods to the Seller's warehouse shall be borne by the Buyer.
§ 8.
The goods shipped without meeting the requirements referred to in §2 and §3 of this article will not be accepted at the Seller's warehouse and will be returned to the Buyer at his expense.
§ 9.
In the event of consent to the return of the goods, it will be settled with a correcting invoice.
ART. 10 CORRESPONDENCE - ADDRESS
§ 1.
The parties undertake to notify each other of any change of address. If the other party is not notified of the change of address, the correspondence delivered to the previously indicated address shall be deemed delivered and causing all legal effects contained therein.
§ 2.
Any correspondence between the Seller and the Buyer via e-mail is considered to have legal effects, provided that the message contains the following elements: the sender's e-mail address, date and time of sending the message, name and surname of the sender. Anonymous messages will be invalid.
ART. 11 CONFIDENTIALITY / TRADE SECRET
§ 1.
Without the consent of the Seller, the Buyer has no right to disclose to third parties any information covered by trade secrets and obtained as a result of business contacts.
§ 2.
Any information and materials (Confidential Information) provided to the Buyer by the Seller and not available to the public should be treated as confidential, in particular, it refers to data on technical solutions used by the Seller, codes, documentation related to business contacts of the parties, information about contractors, economic and the legal situation of the Seller.
§ 3.
The Buyer is obliged to prevent the disclosure of Confidential Information by current and future employees, associates, partners, as well as after the termination of the employment relationship (termination of cooperation with the Buyer).
§ 4.
Notwithstanding the foregoing, the Buyer is obliged to immediately restore compliance with the law, as well as to prevent further breaches of Confidential Information.
§ 5.
The buyer undertakes to:
a) use the Confidential Information only in a manner consistent with the GTC;
b) keep any Confidential Information confidential, not disclose or transfer it to third parties;
c) take all measures to ensure the security of Confidential Information.
§ 6.
The obligation of confidentiality does not apply if:
a) The confidential information is or has become publicly known otherwise than as a result of a breach of the GTC;
b) Confidential information was previously known to the Buyer from other sources, which will be shown beyond any doubt, both as to the time and source of obtaining Confidential Information;
c) the obligation to disclose Confidential Information to third parties results from applicable law. The Buyer is obliged to immediately notify the Seller of the receipt of the above-mentioned request, unless the disclosure of such Confidential Information is prohibited by law or by decision of the entity requesting the disclosure of the Confidential Information. The above-mentioned notification should be sent, if possible, prior to the disclosure of the Confidential Information to the entity authorized to submit such a request;
d) The Buyer wishing to disclose Confidential Information must have the Seller's written consent specifying the scope and subject of the consent granted.
§ 7.
The obligation of confidentiality applies indefinitely. The performance or other termination of the legal relationship between the Parties does not result in the cessation of the obligations described in this paragraph.
ART. 12 FORCE MAJEURE
The Seller shall not be liable for non-performance or improper performance of obligations under the contract for the sale of goods and / or services, if the non-performance or improper performance of obligations is caused by circumstances beyond the Seller's control, despite due diligence (force majeure). The circumstances referred to in the above sentence are in particular: actions of the forces of nature, disturbances in collective life, including strikes and riots, official actions, unrealized cooperation deliveries from the Seller's suppliers and other unforeseeable, unavoidable and serious events . The occurrence of such events releases the Seller from the obligation to fulfill obligations in the concluded contracts for the duration of the disruption and in the scope of its impact. The Seller undertakes to inform the Buyer about the situation, as soon as possible, and to do everything in his power to fulfill his obligations based on the principle of good faith, as far as the conditions of the situation allow him.
ART. 13 PERSONAL DATA
§ 1.
The Buyer agrees to disclose his personal data to the Seller and to process them only for purposes related to the legal relations regulated in GTC, in accordance with the Act of August 29, 1997 (consolidated text, Journal of Laws of 2002, No. 101, item 926, as amended) on the protection of personal data.
§ 2.
The buyer has the right to access their personal data and the right to correct them. Providing personal data by the Buyer is voluntary.
§ 3.
The Seller will not transfer the Buyer's personal data to other entities. These data may be made available to entities authorized to receive them under applicable law, in particular to judicial authorities.
§ 4.
If the Buyer's personal data does not come from the Buyer, he has the right to:
a) submitting a written, justified request to cease processing of his personal data due to his possible special situation, in the case of processing personal data in order to perform tasks specified by law for the public good, or to fulfill legally justified purposes carried out by the Seller;
b) object to the processing of his personal data for marketing purposes or to the transfer of personal data to another data administrator - the Seller will not process this personal data for marketing purposes or transfer them to another data administrator.
ART. 14 Severability clause
§ 1.
If any provision of the GTC is found invalid, unlawful or becomes unenforceable for any reason, the remaining provisions of the GTC will be fully binding and effective as if the GTC would apply without such invalid, illegal or unenforceable provision. The invalid provisions will be replaced with the relevant provisions of Polish civil law.
§ 2.
If the scope of the stated invalidity or unenforceability makes it impossible to achieve the goal, the Seller and the Buyer undertake to start negotiations immediately in good faith in order to replace the invalid or unenforceable provision with such a valid and effective provision that corresponds to the greatest possible extent to the intention of such replaced provision.
ART. 15 FINAL PROVISIONS
§ 1.
The parties agree that the changes to the GTC made by the Seller do not require an annex and that they have legal effects from the moment of their publication on the website www.sungboo.pl.
§ 2.
In other matters not regulated by the GTC, the provisions of Polish law, in particular the Civil Code, shall apply. All disputes will be resolved according to the wording of the GTC on the day of submitting the claim.
§ 3.
Any disputes arising from the GTC will be settled amicably, and in the event of disagreement, all disputes will be resolved by a Polish court with material and local jurisdiction for the Seller's openings.
§ 4.
The binding language in communication between the Parties is Polish.