GENERAL TERMS OF SALE ALUDESIGN SPÓŁKA AKCYJNA
1. GENERAL PROVISIONS
1.1. These General Terms of Sale (“Terms”) are valid from 23/11/2021 and define the rules for concluding contracts for the sale of goods and services by Aludesign Spółka Akcyjna with its registered office in Warsaw, at 5/7 Burakowska street, Poland, entered into 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 KRS number 0000744643; NIP: 5272861210; REGON: 381012924 (“Aludesign”) and are binding on both parties in sales by Aludesign, unless the content of the contract or Aludesign offer provides otherwise.
1.2. The Buyer, within the meaning of these Terms, is the entity that placed the order for goods or services included in the Aludesign offer presented to the Buyer (hereinafter: the “Goods”).
1.3. The Buyer agrees to the priority of applying the provisions of these Terms in relation to his own general terms and conditions of contracts, contract templates, regulations, instructions and other normative acts applicable to him. Placing an order by the Buyer is tantamount to accepting these Terms, which constitute an integral and binding part of the order.
1.4. Withdrawal from certain provisions of these Terms made by Aludesign is binding only in relation to a specific order and may not be treated by the Buyer as binding for other orders processed by Aludesign.
1.5. If individual provisions of the Terms are or will be invalid or ineffective, this does not affect the validity and effectiveness of the remaining provisions. Invalid or ineffective provisions shall be replaced by the provisions of the Polish Civil Code that are as close as possible to the provisions of the Terms.
1.6. Any additional requirements that are not specified in the contract, offer or general terms and conditions are implemented at the Customer’s expense.
2. CHANGE OF CONTRACT TERMS AND PRICES
2.1. The provisions of these Terms may be changed by publishing its current content on the website https://www.aludesign.pl/en/gts . Amendments to the Terms come into force on the date specified in the new version of the Terms. The changes are effective for both ongoing and new orders.
2.2. Aludesign submits price offers to customers valid for the period specified in the offer. During the term of the offer, prices may change due to movements in prices of materials.
2.3. In case of changes in the raw materials price Aludesign is entitled to change the price of the Goods and obliged to inform the Customer. The price will be based on prices published in Metal Bulletin and is subject to change:
a) Quarterly, at least once every quarter,
b) exceptional – the price may change frequently, even every 1 week, if the market changes the aluminum price up or down by +/- EUR 0.10
2.4. Aludesign sells the Goods at the applicable price:
a) from the day of the order for orders confirmed by Aludesign to be delivered within 10 weeks,
b) or from the date of delivery of the Goods – in case of orders with the delivery period exceeding 10 weeks
3.1. All orders directed to Aludesign must be sent by e-mail and accepted by Aludesign in the same form. Lack of acceptance cannot be interpreted as an acceptance of the order.
3.2. All price lists, catalogs, photos, advertising brochures, order forms, agreements between the Parties and other documents or promotional materials published or delivered by Aludesign, as well as all correspondence preceding the offer, are only informative and constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, and becomes binding for Aludesign only upon written acceptance of the order.
3.3. During fulfillment of the order by Aludesign (after its acceptance), without the consent of Aludesign the Buyer is not entitled to unilaterally change the content of the order, or to resign / withdraw from the order.
3.4. The Buyer is responsible for the truthfulness and correctness of the data provided in the order or in the documents attached to the order. The Buyer has no right to refuse to accept the Goods or Services delivered in accordance with his own order.
4. FULFILLMENT OF ORDERS
4.1. Aludesign executes orders within the time limit specified in the accepted order.
4.2. If it does not infringe the interests of the Buyer, Aludesign may fulfill the order in parts.
4.3. If Aludesign guarantees the use of returnable packaging in shipments for the Buyer, the Buyer is obliged to follow the procedure of returning these packaging prepared by Aludesign. In the event that the Buyer is in arrears with the return of the packaging, Aludesign is entitled to charge an additional fee in accordance with the procedure.
5. FORCE MAJEURE
In the event of force majeure, in particular shortages of raw materials or energy, transport difficulties or other random accidents (e.g. strikes, factory and equipment failures, accidents, local or national threats, trade disputes, floods, fires, epidemics, earthquakes, etc.) Aludesign is not responsible for incorrect performance of the contract or order fulfillment. In this case, Aludesign is obliged to notify the Buyer about the occurrence of the above-mentioned problems.
6. DELIVERY OF GOODS
6.1. Unless the parties agree otherwise, the goods are collected from the Aludesign warehouse on EXW terms (according to Incoterms 2020) Gorzów Śląski, Poland.
6.2. The person collecting the parcel from Aludesign warehouse or from the shipping company receives a delivery document with marked data on the type and quantity of the received goods, weight and the number of packages in the parcel. By signing the document, he confirms that he has received the appropriate amount of goods packaging without visible external defects. If the condition of the shipment raises any doubts, the Buyer is obliged to inform Aludesign about it.
6.3. Upon receipt of the Goods or Services, the Buyer is obliged to check the compliance of the delivered goods with the order, i.e., in particular: the condition of the shipment, as well as the quality, quantity and range of the delivered goods, and to report any reservations to Aludesign in this regard within 5 working days by drawing up a non-compliance report.
7. RECOMMENDATIONS REGARDING THE HANDLING OF THE GOODS
7.1. The conditions of storing the Goods should be such that the outer packaging is not damaged.
7.2. If the packages contain detailed instructions on how to handle the Goods, the Customer should follow them.
8.1. Complaints should be submitted to the following address: firstname.lastname@example.org. Complaints should contain data: date of sale, retail index, quantity of the claimed Goods, description of non-compliance.
8.2. The complaint does not release the Buyer from payment for the purchased Goods.
9.1. Aludesign is not responsible for the possible use and effects of using the Goods in specific design solutions of the Buyer.
9.2. In the event of cancellation of the order after its acceptance by Aludesign for reasons beyond Aludesign’s control, the Buyer is obliged to pay Aludesign a contractual penalty of 20% of the value of the order to which the withdrawal relates within 7 days of withdrawal from the order. The payment of the contractual penalty does not release the Buyer from charging the actual costs that arose up to the moment of withdrawal from the order for reasons not attributable to Aludesign.
9.3. In the event that the Buyer is in arrears with payments for any outstanding obligations to Aludesign, Aludesign has the right to suspend deliveries to the Buyer until the outstanding amounts are settled.
10. OWNERSHIP OF THE ITEM SOLD
The goods remain the property of Aludesign until the Buyer pays the full price to the benefit Aludesign.
11. FINAL PROVISIONS
11.1. By accepting these Terms, the Buyer agrees to the processing of his personal data by Aludesign and entities acting on his behalf in the country and abroad, in connection with the implementation of contracts for the sale of goods offered by Aludesign.
11.2. The law applicable to these Terms is Polish law.
11.3. Any disputes arising from these Terms shall be recognized by the court competent for the seat of Aludesign.
11.4. These Terms and Conditions were adopted by the Aludesign Board on November 23, 2021.