General Terms and Conditions of Sale
GENERAL TERMS OF SALE
FOR CUSTOMERS OF OLE.PL APOLA LIMITED PARTNERSHIP
thank you for your interest in our products and we invite you to familiarize yourself with the general terms and conditions of product sales.
These General Terms and Conditions of Sale regulate exclusively the rules and methods of placing Orders and entering into Contracts in ways other than through the Order Form in the Online Store, in particular via email and contact phone.
The formula of these general terms and conditions of sale (hereinafter referred to as: "GTC") assumes the establishment of general rules and conditions on which orders for our products will be placed, contracts will be entered into and performed between us and you, including the placement of an order and conclusion of a sales contract which is the subject of our agreements, and any subsequent orders and sales contracts, as needed. The purpose of the GTC is also to fulfill informational obligations towards consumers in accordance with the consumer rights act.
These GTC, in case of a decision to cooperate, regulate in particular the rules on which the order will be placed and accepted, the contract will be performed and settled, including the issues of our liability. These conditions will apply in the absence of other arrangements between us.
We invite you to familiarize yourself with the GTC.
1) ABOUT US
1. The Seller is OLE.PL APOLA LIMITED PARTNERSHIP, headquartered in Poznań (registered office and correspondence address: Rynek Wildecki 3/51, 61-546 Poznań, and appropriate address for complaints and returns: OLE.PL Gorlice Warehouse, Fryderyka Chopina 58, 38-300 Gorlice), registered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000650835; registry court, where the company's documentation is kept: Poznań - Nowe Miasto and Wilda District Court in Poznań, VIII Economic Department of the National Court Register; NIP: 7831750919; REGON: 36601213 and e-mail address: firstname.lastname@example.org (hereinafter: "Seller").
2. Contact details:
a. correspondence address: Rynek Wildecki 3/51, 61-546 Poznań;
b. email address: email@example.com;
2) PLACING AN ORDER, CONCLUDING A SALES CONTRACT
1. We value transparency, so standard cooperation between you and us proceeds according to the following scheme:
|1) You send requests for quotations via email or by phone > 2) If you request a quote before placing an order – in this case, based on your request for a quote, we prepare a quote for you and present it to you for acceptance by email > 3) In case of acceptance of the offer by email, the sales contract is concluded, in case of a phone order, placing an order means concluding a Contract without the need to present an offer > 4) In case of additional agreements, the contract is concluded when we agree on the issues that are the subject of the agreements.|
2. The price of the product indicated in our offer submitted in response to your order or indicated during our arrangements (in case they are conducted) is given in Polish zloty and includes taxes. You are informed about the total price including taxes as part of the sales agreement, as well as about the delivery costs (including transportation, delivery and postal service fees) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, in our offer or during negotiations - always before the conclusion of the sales agreement (i.e., before expressing your intention to enter into the agreement).
3. Cooperation, including placing an order by you, conclusion of a sales agreement, and its possible changes can take place in accordance with the applicable regulations: in writing, by electronic mail (e-mail), by telephone or by fax.
4. The order should contain at least: name and surname (for non-consumer customers - the full name of your company and tax identification number), address, contact phone number and contract details: product/s, quantity of product/s, delivery address, if different from the ordering party's address. In case of missing some information, we will ask you to complete it.
5. Regardless of the method of initiating cooperation, the sales agreement is always concluded in accordance with the universally applicable regulations, in particular the Civil Code and the Act on consumer rights of May 30, 2014 – in the case of the offer mode as a result of acceptance of the offer by the other party, and if we conduct negotiations (arrangements) in order to conclude the contract, then when we reach an agreement on all its provisions, which were the subject of negotiation (arrangements).
6. The preservation, securing and providing you with the content of the concluded sales agreement takes place by delivering these terms and conditions before concluding the sales agreement and proof of purchase. Additionally, depending on the way of initiating cooperation, preservation, securing and providing you with the content of the concluded sales agreement may also take place in another way (e.g., by sending an email or recording arrangements in writing).
3) SUBJECT OF THE AGREEMENT
1. We try to match your needs and expectations as much as possible, that's why the subject of the sales agreement is always determined individually with you.
2. The subject of a given agreement and its detailed conditions are determined each time before the conclusion of the agreement (e.g., in the offer or during arrangements always before expressing your intention to be bound by the agreement). In other respects, these terms and conditions apply.
4) CONTACT WITH US
The main form of ongoing distance communication with you is electronic mail (e-mail) and telephone, through which you will exchange information with us concerning the sales agreement. We also invite you to contact us in writing or by phone. You will find our contact details in the footer and at the beginning of these terms and conditions.
5) METHOD AND TIME OF PAYMENT
1. The method and time of payment is each time determined with you before the conclusion of the sales agreement. Below we present the standard methods and payment terms that are available in the absence of other arrangements between us.
2. We provide the following payment methods:
a. Payment by bank transfer to the Seller's bank account.
b. Payment by deferred transfer, within 14 days from the date of issuing the VAT invoice, unless the Parties have agreed on a different date, available for offices, public schools and other organizational units of the state budget.
c. Cash on delivery.
d. Electronic payments and payment by credit card via Przelewy24.pl or PayPal.com service.
3. Payment deadline:
a. In case the Customer chooses payment by transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 14 calendar days from the date of conclusion of the Sales Agreement. In exceptional situations, with the consent of the Seller, the payment deadline can be extended to 30 calendar days.
b. In case the Customer chooses cash on delivery, the Customer is obliged to make the payment upon receipt of the shipment.
6) METHOD, TIME AND COST OF DELIVERY
1. The method, time and cost of delivery is each time determined with you before the conclusion of the sales agreement. Below we present the standard methods and delivery times that apply in the absence of other arrangements between us.
2. Delivery of products to you is charged unless the sales agreement provides otherwise. Delivery costs (including transport, delivery and postal fees) are indicated to you in the offer or during our arrangements (if they are conducted) - always before concluding the sales agreement (i.e., before expressing your intention to enter into the agreement).
3. We provide the following delivery methods:
a. Courier shipment, cash on delivery courier shipment.
b. Pallet shipment.
c. Personal collection preceded by prepayment available at the following address: OLE.PL Warehouse Gorlice, Fryderyka Chopina 58, 38-300 Gorlice - on working days, between 08:00 and 16:00.
4. In the case of the Franke brand, prepayment for the Product is required.
5. The delivery time of the product to you is up to 90 working days unless the sales agreement provides otherwise. The commencement of the delivery time to you is counted as follows:
a. In case of selection by the Customer of payment by bank transfer, electronic payments or payment by credit card - from the day of crediting the Seller's bank account or settlement account.
b. In case of selection by the Customer of payment by cash on delivery – from the day of conclusion of the Sales Agreement.
6. The readiness term of the product for collection is up to 90 working days, unless the sales agreement provides otherwise. The start of the readiness term of the product for collection is calculated as follows:
a. In case you choose payment by bank transfer, electronic payments or payment by credit card - from the day of crediting the Seller's bank account or settlement account.
1. The basis and scope of our responsibility towards you, if the sold product has a physical or legal defect (warranty), are specified by the universally applicable laws, especially in the Civil Code.
2. We are obliged to deliver a product without defects.
3. Complaints related to the sales contract can be submitted for example by electronic mail to: firstname.lastname@example.org, in person or in writing to the address: OLE.PL Gorlice Warehouse, Fryderyka Chopina 58, 38-300 Gorlice.
4. A statement can be made, for example, by filling out this form:
5. We recommend providing in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect occurrence; (2) a request for a method of making the product compliant with the sales agreement or a declaration about reducing the price or withdrawing from the contract; and (3) the contact details of the person making the complaint - it will facilitate and speed up the consideration of the complaint by the Seller. The requirements mentioned in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6. We will respond to your complaint immediately, no later than within 14 calendar days from the day it was submitted. Lack of response within the above deadline means that the Seller has recognized the complaint as justified.
8) WITHDRAWAL FROM THE CONTRACT
1. The right to withdraw from a distance contract does not apply to the consumer in relation to the contract (1) in which the subject of the service is an item susceptible to rapid deterioration or having a short shelf life; (2) in which the subject of the service is a non-prefabricated item, made according to the consumer's specifications or serving to satisfy his individualized needs; (3) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (4) in which the subject of the service is an item delivered in a sealed package, which cannot be returned for health protection or hygiene reasons, if the package has been opened after delivery and (5) to contracts for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the provision that after the Seller's performance, he will lose the right to withdraw from the contract.
2. Subject to point 8.1 of the GTC, a consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the direct costs of returning the goods. To keep the deadline, it is enough to send the statement before its expiry. The statement of withdrawal from the contract can be made for example: in writing to the address: OLE.PL Gorlice Warehouse, Fryderyka Chopina 58, 38-300 Gorlice or electronically via e-mail to: email@example.com. In point 13 you will find a template form for withdrawing from the contract contained in Annex No. 2 to the Consumer Rights Act of May 30, 2014.
3. The period for withdrawal from the contract begins for the contract in the performance of which the Seller delivers the item, being obliged to transfer its ownership - from taking possession of the item by the consumer or a third party indicated by him other than the carrier, in the case of a contract which: (1) includes multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part, or (2) involves regular delivery of items for a specified period - from taking possession of the first of the items. For other contracts, the period for withdrawal from the contract begins on the day of its conclusion.
4. If the consumer exercises the right to withdraw from the contract after submitting the request in accordance with Art. 15 paragraph 3 and Art. 21 paragraph 2 of the Consumer Rights Act of May 30 2014, they are obligated to pay for the services rendered up to the moment of withdrawing from the contract. The amount of payment is calculated proportionally to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service rendered.
9) OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
1. Detailed information about the possibility for the consumer to use out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: firstname.lastname@example.org or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is to provide consumers with assistance in matters related to out-of-court resolution of consumer disputes.
3. The consumer has the following exemplary possibilities to use out-of-court methods of dealing with complaints and pursuing claims:
a. application for dispute resolution to a permanent consumer arbitration court
b. application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the inspector's website, appropriate for the place of carrying out economic activity by the Seller);
c. assistance from the county (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by email at email@example.com and on the consumer hotline number 801 440 220 (hotline open on working days, from 8:00 to 18:00, call charge according to the operator's tariff).
4. At the address http://ec.europa.eu/consumers/odr there is an online system for resolving disputes between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking to resolve disputes out-of-court related to contractual obligations arising from an online sales contract or service contract (more information on the platform itself or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php)
10) PROVISIONS CONCERNING ENTREPRENEURS
1. This point of the regulations and the provisions contained therein concern only buyers who are not consumers.
2. In accordance with Article 558 § 1 of the Civil Code, our liability under the warranty for the Product towards you is excluded.
3. In case of a delay in payment, including advance payment, we reserve the right to refuse to conclude further contracts and to suspend the implementation of already concluded contracts until the due payments are made, which does not give rise to any claims on your side in relation to us.
4. In the case of buyers who are not consumers, we reserve the right to withdraw from the sales contract within 30 days from the day of its conclusion without giving a reason.
5. In case of any contentious issues related to the contract, you are not entitled to withhold payment or part of the payment. Any settlements resulting from contentious issues will only take place after mutual agreement of the parties' positions.
6. If the products are sent to you via a carrier, you are obliged to inspect the shipment in the manner and time customary for shipments of this kind. If you find that there has been a loss or damage to the products during transport, you are obliged to perform all necessary actions to establish the carrier's liability.
7. We are liable to you, regardless of the legal basis, up to the amount of the price paid under the sales contract, with the proviso that in case the claim is related only to a given product or products, the amount of our liability is limited only to the amount of the price paid for the given product or products. We are only liable to you for typical and actually incurred foreseeable damages at the time of concluding the contract, excluding lost profits.
8. In the case of buyers who are not consumers, any disputes arising between the Seller and the non-consumer buyer are submitted to the court competent due to the Seller's seat.
11) CONTRACTUAL RIGHT OF WITHDRAWAL FOR ENTREPRENEURS
1. Regardless of the regulations of point 9 OWS, entrepreneurs are entitled to a contractual right to withdraw from the contract without giving reasons on the terms indicated in this point OWS.
2. Under the contractual right to withdraw from the contract, the entrepreneur can withdraw from the contract and return the Product within 14 days from the day of receiving the Product.
3. The Product returned by the entrepreneur must not be damaged, and should not bear signs of use. The Product should have its original, complete and undamaged packaging and necessary documentation.
4. The right to withdraw from the Contract does not apply to entrepreneurs in relation to Contracts in which the subject of the service is a Product delivered in a sealed package, which cannot be returned due to health protection or for hygienic reasons if the package was opened after delivery.
5. To withdraw from the Agreement, fill out the Withdrawal form for entrepreneurs (non-consumer client) and send it: in electronic form via email to the address: firstname.lastname@example.org or by fax to the telephone number +48 614151883.
6. The entrepreneur can return the Product to the address: OLE.PL Warehouse Gorlice, ul. Fryderyka Chopina 58, 38-300 Gorlice.
12) FINAL PROVISIONS
1. Contracts concluded with the Seller are concluded in Polish.
2. In matters not regulated by these T&C, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827) and other relevant provisions of generally applicable law.
Annex number 1 to the T&C
1) GENERAL PROVISIONS
1. The administrator of personal data collected in connection with transactions regulated by these T&C is OLE.PL APOLA LIMITED PARTNERSHIP with its registered office in Poznań (registered office address and correspondence address: ul. ul. Rynek Wildecki 3/51, 61-546 Poznań and the address suitable for complaints and returns: OLE.PL Warehouse Gorlice, ul. Fryderyka Chopina 58, 38-300 Gorlice), entered into the Register of Entrepreneurs of the National Court Register under the number KRS: 0000650835; registry court, in which the company's documentation is stored: Poznań - Nowe Miasto and Wilda District Court in Poznań, VIII Economic Department of the National Court Register; NIP: 7831750919; REGON: 36601213 and email address: email@example.com - hereinafter referred to as the "Administrator" and being simultaneously the Seller.
2. Personal data is processed by the Administrator in accordance with the applicable legal regulations, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) - hereinafter referred to as "GDPR" or "GDPR Regulation". The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.
4. The Administrator takes special care to protect the interests of persons whose personal data is processed by him, and in particular he is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subject to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that permits identification of the individuals they concern, for no longer than is necessary for the processing purposes and (5) processed in a way that ensures adequate security of personal data, including protection against unlawful or unauthorized processing, accidental loss, destruction or damage, through appropriate technical or organizational measures.
5. Considering the nature, scope, context, and processing purposes, as well as the risk of violating rights or freedoms of natural persons with varying probability and severity of the threat, the Administrator implements appropriate technical and organizational measures to ensure processing is in accordance with this regulation and can be demonstrated as such. These measures are, if necessary, subject to reviews and updates. The Administrator uses technical measures to prevent unauthorized persons from acquiring and modifying personal data transmitted electronically.
2) DATA PROCESSING BASIS
1. The Administrator is authorized to process personal data in cases where - and to the extent that - at least one of the following conditions is met: (1) the individual the data concerns has given consent to the processing of their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the individual the data concerns is party, or to take steps at the request of the individual before entering into a contract; (3) processing is necessary for compliance with a legal obligation incumbent on the Administrator; or (4) processing is necessary for purposes resulting from legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual the data concerns, requiring protection of personal data, especially when the individual is a child.
3) PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING
1. Each time the purpose, basis, period, and scope as well as the recipients of personal data processed by the Administrator result from your actions. For example, if you choose to make a purchase by choosing personal pick-up of the purchased product instead of courier delivery, your personal data will be processed for the performance of the sales contract, but will no longer be disclosed to the carrier executing shipments on behalf of the Administrator.
2. The Administrator may process personal data for the following purposes, on the following bases, for periods, and in the following scope:
Purpose of data processing
Legal basis for processing and data retention period
Scope of processed data
Performance of the sales contract or taking action at the request of the person whose data is concerned before entering the aforementioned contracts
Article 6(1)(b) of the GDPR (performance of a contract)
Data is stored for the period necessary to perform, terminate or otherwise expire the contract.
Maximum scope: name and surname; email address; contact telephone number; delivery address (street, house number, apartment number, postal code, city, country), address of residence/business/headquarters (if different from the delivery address).
For clients who are not consumers, the Administrator may also process the company name and tax identification number (TIN).
The given scope is maximum - for example, in the case of personal pickup, it is not necessary to provide a delivery address.
Article 6(1)(f) of the GDPR (legitimate interest of the administrator)
Data is stored for the duration of the existence of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of claims against the person whose data concerns due to the economic activity conducted by the Administrator. The limitation period is determined by legal provisions, especially the Civil Code (the basic limitation period for claims related to economic activity is three years, and for a sales contract two years).
The Administrator cannot process data for direct marketing in case of expressing effective objection in this regard by the person whose data concerns.
Article 6 section 1 point a) of the GDPR Regulation (consent)
Data is stored until the consent is withdrawn by the person to whom the data relates to further processing of their data for this purpose.
First name, email address
Keeping tax records
Article 6 section 1 point c) of the GDPR Regulation in conjunction with Art. 86 § 1 of the Tax Ordinance of January 17, 2017 (Journal of Laws from 2017, item 201)
Data is stored for the period required by legal provisions requiring the Administrator to keep tax records (until the lapse of the limitation period for the tax obligation, unless tax laws provide otherwise)
Your first and last name; address of residence / conducting business / seat (if different from the delivery address), company name and tax identification number (NIP)
Establishing, investigating or defending claims that the Administrator may raise or that may be raised against the Administrator
Article 6 section 1 point f) of the GDPR Regulation
Data is stored for the duration of a legally justified interest pursued by the Administrator, but no longer than the limitation period for claims against the person to whom the data relates, on account of the business activity conducted by the Administrator. The limitation period is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for the sales contract two years).
First and last name; contact phone number; email address; delivery address (street, house number, apartment number, postal code, city, country), address of residence / conducting business / seat (if different from the delivery address).
In the case of customers who are not consumers, the Administrator may also process the company's name and tax identification number (NIP) of the customer.
4) DATA RECIPIENTS
1. The use of services of external entities (such as software provider, courier, or entity handling payments) by the Administrator is necessary. The Administrator only uses the services of such processing entities, which provide sufficient guarantees of the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the GDPR Regulation and protects the rights of the persons to whom the data relates.
4. Your personal data may be transferred to the following recipients or categories of recipients:
a. carriers / freight forwarders / courier brokers - if you use the method of Product delivery by mail or courier, the Administrator makes your collected personal data available to the selected carrier, freight forwarder or intermediary carrying out shipments on behalf of the Administrator to the extent necessary to deliver the product.
b. entities handling electronic payments or card payments - if you use electronic or card payments, the Administrator makes your collected personal data available to the selected entity handling the above payments on behalf of the Administrator to the extent necessary to handle payments made by you.
5) RIGHTS OF THE PERSON CONCERNED
1. The right of access, rectification, restriction, deletion or transfer - the person whose data is concerned has the right to request the Administrator to access their personal data, their rectification, deletion ("the right to be forgotten") or restriction of processing, and has the right to object to processing, and also has the right to transfer their data. The detailed conditions for the execution of the rights indicated above are indicated in Art. 15-21 of the GDPR Regulation.
2. The right to withdraw consent at any time - the person whose data is processed by the Administrator on the basis of expressed consent (based on Art. 6(1)(a) or Art. 9(2)(a) of the GDPR Regulation), has the right to withdraw consent at any time without affecting the legality of the processing that was carried out on the basis of consent before its withdrawal.
3. The right to lodge a complaint with a supervisory authority - the person whose data is processed by the Administrator, has the right to lodge a complaint with a supervisory authority in the manner and mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
4. The right to object - the person whose data is concerned has the right at any time to object - for reasons related to their particular situation - to the processing of their personal data based on Art. 6(1)(e) (interest or public tasks) or (f) (legally justified interest of the administrator), including profiling based on these provisions. In such a case, the Administrator may no longer process this personal data, unless he demonstrates the existence of legally justified grounds for processing that are overriding the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
5. The right to object to direct marketing - if personal data are processed for direct marketing purposes, the person to whom the data relate has the right at any time to object to the processing of their personal data for such marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.
Appendix number 2 to GTCs
Contract withdrawal form template
(this form should be completed and returned only if you wish to withdraw from the contract)