General Terms and Conditions of Sale

effective November 10, 2023.

1. These GENERAL TERMS AND CONDITIONS OF SALE (hereinafter referred to as the “GENERAL TERMS AND CONDITIONS”) are applicable to contracts of sale of items offered by “LUPHER” SPÓŁKA JAWNA IMPORT-EXPORT MASZYN I URDDDZEŃ BUDOWLANYCH MGR INŻ. HENRYK LUPA & DARIUSZ DUTKA with its registered office in Wielopole 141, 33-311 Chełmiec, Poland, entered in the Register of Entrepreneurs No. of the National Court Register 0000146552, NIP 7342732767, REGON 49200166200000 hereinafter referred to as “SELLER”.
2. The general terms and conditions are applicable to sales contracts concluded with persons who are not consumers within the meaning of Article 22¹ of the Civil Code, who are hereinafter referred to as “BUYERS”.
3. The seller and the buyer are hereinafter referred to as the “PARTIES”.
4. The conclusion of a different agreement by the parties precludes the application of the provisions of the general terms and conditions only to the extent that is apparent from the content of the different agreement.
5. General terms and conditions are made available to Buyers prior to the conclusion of a sales contract in either written or documentary form.
6. If the Purchaser has other terms and conditions of sale, which differently define the terms and conditions of the sales contract concluded between the Parties, and the Seller has not confirmed their acceptance in writing before the Parties conclude the sales contract, the provisions of the Purchaser’s terms and conditions of sale not accepted by the Seller shall be invalid and not binding on the Seller.
7. Any information about the Seller’s goods addressed to the general public or to individual persons, in particular, pictures of goods, data and technical parameters, presented by the Seller in price lists, catalogs, websites, advertising prints, advertisements, responses to electronic inquiries, do not constitute an offer within the meaning of the Civil Code, and constitute only an invitation to conclude a contract within the time limit specified and apply only to the goods listed therein. This information does not constitute a statement of the Seller’s intention to conclude a contract and cannot be understood as an offer in accordance with the provisions of the Civil Code.
8. In particular, the contract is concluded by placing an order by the Buyer or a person authorized by the Buyer, including the Buyer’s employees, either verbally, in writing, by telephone, electronically, or by telefax, and after acceptance of the order by the Seller or an employee authorized by the Seller. The Seller’s accession to the execution of the order is tantamount to its acceptance.
9. The Seller may make the execution of the subject of the contract conditional upon payment by the Buyer of a deposit on account of the concluded contract. The Seller shall then inform the Buyer about the amount, date and method of payment of the deposit before the order is accepted by the Seller or an employee authorized by the Seller.
10. The buyer declares that he has familiarized himself with the technical and legal condition of the item prior to the conclusion of the sales contract by the parties and fully accepts it.
11. The parties declare that the Seller shall not be liable to the Buyer for any defects in the sold item and exclude the Seller’s liability under the warranty for the item that the Buyer intends to purchase from the Seller, pursuant to Article 558 §1 of the Civil Code.
12. If the parties have not agreed otherwise, the seller will inform the Buyer about the date and method of payment of the price for the goods before the conclusion of the sales contract, as well as the date and place of delivery of the goods to the Buyer.
13. All costs associated with the shipment of items by the Seller to the Buyer will be charged to the Buyer.
14. The Buyer is obliged to pay the price by the date and in the manner agreed between the parties and to collect the goods from the Seller’s premises, unless otherwise agreed by the parties.
15. The seller is obliged to release to the buyer the documents in his possession that relate to the item.
16. By accepting these terms and conditions, the buyer consents to the processing of his personal data by the Seller in connection with the performance of sales contracts. The buyer is entitled to all rights under the law, in particular under the Personal Data Protection Act, including the right to inspect his own data.
17. The law applicable to the settlement of any disputes between the Parties shall be Polish law, and the court having jurisdiction over any disputes between the Parties shall be the court having jurisdiction over the seller’s registered office. The Parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on April 11, 1980.
18. In the event of liability for damages on the part of the Seller in connection with the non-performance or improper performance of an obligation to the Buyer, the parties unanimously declare that the Seller’s liability shall cover actual damages, excluding lost profits and up to the amount of the net price of the item paid by the Buyer.
19. In the event that any of the provisions of the General Terms and Conditions of Sale should prove invalid or ineffective, the parties declare that the remaining provisions shall remain in force and the parties shall endeavor to cooperate in order to replace them with valid provisions, maintaining the achievement of the economic purpose of the invalid or ineffective provisions.
20. In cases not regulated by these general terms and conditions of sale, the relevant provisions of Polish law shall apply, in particular the provisions of the Civil Code.
21. The buyer declares that he has familiarized himself with these general terms and conditions of sale before the parties conclude the sales contract.
22. Placing an order by the Buyer is tantamount to acceptance of these general terms and conditions of sale.