GENERAL TERMS & CONDITIONS OF SALE

 

§1 General Provisions

  1. These General Terms of Sale (hereinafter referred to as “GTS”) define the rules for concluding contracts for the sale of goods and services, where the seller is Avant-Garde s.j., based in Łódź, ul. Duńska 3/5, 91-204 Łódź, registered in the National Court Register under KRS number 0000184547.

  2. The GTS constitute an integral part of all sales agreements concluded by Avant-Garde s.j., including agreements concluded in the form of a written order offered to the entity making the purchase.

  3. The GTS are available to the Buyer before concluding the agreement in written form at the registered office of Avant-Garde s.j. or on the website.

  4. These GTS constitute a contractual regulation binding the parties regarding the sale of goods. The parties exclude the application of other contractual templates (general terms of contract, sales conditions, contract templates, regulations, etc.) used or established by the Buyer.

  5. Provisions contained in these GTS may be amended only in writing under the pain of nullity. Concluding a separate sales agreement excludes the application of these GTS only to the extent regulated differently in such agreement.

  6. Different arrangements between the parties, agreed upon and confirmed in writing, shall take precedence over the provisions of the GTS.

  7. Forms of sale:
    • Direct sale takes place at the company’s premises: Avant-Garde s.j., ul. Duńska 3/5, Łódź
    • Sale of goods with delivery via shipping companies

§2 Definitions

In these General Terms of Sale, the following terms mean:

  1. Seller – Avant-Garde, ul. Duńska 3/5, NIP 731-16-59-472, REGON 471692303

  2. Buyer – a legal entity, an organizational unit without legal personality, or a natural person conducting business activity.

  3. Payment Due Date – the date on which the payment for goods or services becomes due.

  4. Goods – movable items, services, products to be sold under a sales agreement between the Seller and the Buyer.

  5. Order – an offer to purchase products submitted by the Buyer in writing, delivered personally, by post, courier, or email, containing at least: product name, quantity, Buyer’s data necessary for issuing a VAT invoice, company data, contact information, and method, date, and place of delivery of the ordered products.

  6. Confirmation – a written statement from the Seller confirming acceptance of the order, including at least the price of the goods, total value of the order, delivery time, place and conditions, and payment terms.

§3 Offers and Orders

  1. Information on the Seller’s website, catalogs, brochures, leaflets, advertisements, and other publications does not constitute an offer within the meaning of the Civil Code, even if prices are indicated. Publications regarding products offered by the Seller are for informational purposes only, and samples or templates are illustrative. Technical specifications may change at any time due to ongoing developments in the industry.

  2. The Buyer’s order should include:
    • Buyer’s name and full address
    • Tax ID number (NIP)
    • Reference number of the offer, if applicable
    • Specification of the product by trade name or alphanumeric code from the offer
    • Quantity of goods ordered
    • Date, place, and terms of delivery/collection

  3. A valid sales agreement requires the Buyer to place an order and the Seller to confirm it in writing (by email or post). Written confirmation means the Seller has received and accepted the order for execution. Placing an order does not bind the Seller, and lack of response does not constitute silent acceptance.

  4. If the order refers to a previously presented offer, the offer number must be indicated. Failure to reference the offer relieves the Seller from responsibility for pricing discrepancies, unavailability of goods, or discrepancies in specific product parameters.

  5. Cancellation of an order by the Buyer is allowed only in exceptional cases after written agreement on cancellation terms. The Seller reserves the right to charge the Buyer for costs incurred up to the moment of cancellation, not exceeding the order value.

  6. Technical advice provided by the Seller is for informational purposes only and does not create civil liability.

  7. If the Seller cannot perform due to force majeure, the Buyer has no claim for damages resulting from non-performance or delayed performance.

§4 Delivery Terms and Conditions

  1. The Seller is obliged to deliver the goods in accordance with the confirmation of the order regarding delivery date, place, quantity, type of goods, and price.

  2. If prepayment is required, delivery may be delayed by the time taken for payment. The payment date is the day the Seller’s account is credited.

  3. The Seller is not responsible for any loss, damage, or costs resulting from the Buyer’s claims due to delivery errors or delays caused by the shipping company.

  4. All benefits and burdens associated with the goods, as well as the risk of accidental loss or damage, pass to the Buyer upon release of the goods from the warehouse.

  5. If delivery is delayed by more than two weeks or the Buyer refuses to accept the goods, §3(5) applies.

  6. The Buyer must immediately inspect the goods upon receipt for conformity with the order, including packaging, quantity, quality, and assortment, and report any discrepancies to the carrier and the Seller within 5 business days, documenting them in a discrepancy report. The Seller reserves the right to inspect the reported damage on-site.

  7. The Seller retains ownership of the sold goods until full payment is made, including all amounts due under the sales agreement, regardless of storage or installation location.

  8. In case of bankruptcy or composition proceedings against the Buyer, the Buyer must mark the goods to indicate the Seller’s retained ownership. If the goods are seized in enforcement proceedings, the Buyer must immediately inform the Seller and cooperate to protect the Seller’s rights.

§5 Payments and Prices

  1. Payment terms and methods are agreed individually with each Buyer.

  2. Unless otherwise agreed, the price is as confirmed in the order confirmation.

  3. The Buyer must pay the amount due within the term indicated on the invoice.

  4. Payment is considered made on the day the Seller’s bank account is credited or on the day of cash payment.

  5. Late payment allows the Seller to charge statutory interest for each day of delay and request prepayment for future orders.

  6. Non-payment authorizes the Seller to suspend deliveries and pending orders. Execution of new orders may require advance payment.

  7. Unless otherwise agreed, payment is made without deductions or set-offs.

  8. Filing a complaint does not exempt the Buyer from the obligation to pay on time.

§6 Warranty

  1. The Seller provides a 12-month warranty from the date of sale, provided the goods are used and stored properly and according to their intended use.

  2. Warranty claims are voided by improper storage.

  3. The Seller is not liable for natural wear and tear resulting from proper use.

§7 Force Majeure

  1. If circumstances beyond the control of the Seller and Buyer occur, such as production or transport disruptions caused by strikes, equipment failures, accidents, local or national hazards, commercial disputes, floods, fires, earthquakes, etc., delivery may be delayed or suspended upon written notice until normal conditions are restored.

§8 Final Provisions

  1. By accepting these GTS, the Buyer consents to the processing of personal data by the Seller and entities acting on its behalf domestically and abroad in connection with the execution of sales agreements.

  2. The Buyer may not disclose any trade secrets or information obtained through commercial contact with the Seller without consent.

  3. The GTS are governed by Polish law.

  4. Matters not covered by the GTS are subject to the Civil Code.

  5. Invalidity of individual provisions does not affect the validity of remaining provisions.

  6. The parties shall attempt to resolve disputes amicably; if not possible, the competent court is the court for the Seller’s registered office.