Contract

I. GENERAL PROVISIONS

  1. The terms used in the contract:
    1. “Working (Business) Day” – time from 08:00 to 16:00 from Monday to Friday, excluding public holidays according to the Non-working Days Act of 18 January 1951 (Ustawa z dnia 18 stycznia 1951 o dniach wolnych od pracy; Journal of Laws 1951 No. 4, Item 28)
    2. “Courier Company” – a company that transports goods by road transport
    3. “Product Card” – a specific page of the website containing information about an item.
    4. “Buyer” – a company, institution or natural person making a legal transaction with a Seller not directly related to its business or professional activity
    5. “Seller” – a natural person, a legal person and an organizational unit without legal personality which is granted by law the legal capacity to conduct business or professional activity on its own behalf performing a legal act directly related to its business or professional activity
    6. “Complaint about the Goods” – related to the recognition by the Buyer that the goods are defective, withdrawal by the Buyer from the contract concluded with the Seller or the Buyer’s request to reduce the price or to repair or replace the defective goods with new goods.
    7. “Goods / Product” – a movable item that the Buyer can purchase from Van Berde through the sales department.
    8. “Traditional Written Form” – a document on paper with the handwritten signature of the author
    9. “Consumer Rights Act” – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)

II. ORDER FULFILLMENT

  1. Van Berde sells the offered products via electronic orders, sent to the e-mail address biuro@vanberde.com.pl. Orders can be placed 24 hours a day throughout the year.
  2. Orders are accepted for processing from Monday to Friday from 08:00 to 16:00.
    In order to place an order, it is necessary to correctly specify the goods to be ordered, referring to their code in product catalogs, on the website in the PRODUCTS (PRODUKTY) tab and in the distributor’s price list.
    It is necessary to specify the quantity of the ordered goods, delivery address, active telephone number and the name of the person responsible for acceptance of the goods.
  3. The order fulfillment begins when the sales department confirms the availability of the goods.
  4. Payment methods are agreed individually with each Buyer.
  5. After confirming the availability of the goods, the order fulfillment cycle time is up to 10 business days.
  6. If the Buyer makes a special request for the order (i.e. applying the preferred reflective tape), the delivery time is determined individually.
  7. After completing the order, the goods are sent to the Buyer. Expected delivery time is 1 – 2 business days.
  8. In case the selected products included in the order are not currently available, the Seller shall immediately inform the Buyer about it. The Buyer has the right to decide whether the order is to be completed partially or canceled in full.

III. CONCLUSION OF THE CONTRACT.

  1. The Contract between the Seller and the Buyer shall be concluded upon the Seller’s acceptance of the Buyer’s order. The subject of the Contract shall be the goods specified in the order.

The Seller shall confirm the conclusion of the Contract with a cash receipt or invoice sent electronically or, if requested by the Buyer, together with the goods.

IV. PAYMENT

  1. Payment for the ordered goods may be made by any of the following methods:
    • Bank transfer on the basis of a pro forma invoice or an invoice with a deferred payment date.
  2. All prices are in Polish zlotys and do not include VAT. Payment is made at the price indicated for each item at the time the Buyer places the order. The Seller reserves the right to change the prices of the goods on offer.
  3. If the Buyer does not make payments on time, enforcement proceedings shall be initiated and no further orders shall be processed.

IV. DELIVERY

  1. The ordered goods are delivered in Poland by a courier company in a manner agreed upon between the Seller and the Buyer.
  2. The Buyer bears all costs related to the delivery, and their amount is specified in the current price list.
  3. The Seller informs that in the event of damage to the goods during transportation, in accordance with generally applicable provisions of Polish law, the Buyer is entitled to request the courier company to draw up a damage report. If the courier company refuses to draw up a damage report, the Buyer is entitled to draw up a damage report on its own initiative. This shall be done on the day you receive the goods. Photographs showing the degree of damage should be attached to the damage report.
    The Seller recommends keeping this document and sending a copy of it to the Seller’s registered office.

V. WITHDRAWAL FROM THE CONTRACT

  1. In accordance with the provisions of the Consumer Rights Act, the Buyer may withdraw, without giving any reason, from the Contract concluded with the Seller within 7 (seven) days from the date of receipt of the goods. In the event of such withdrawal, the Contract shall be considered void.
  2. The declaration of withdrawal may be submitted by the Seller in any form.
  3. When submitting a declaration of withdrawal, the Buyer may use a statutory form, a template of which is attached as Annex 2 to the Consumer Rights Act. The Seller makes a form template available here. The form can be sent by e-mail (biuro@vanberde.com.pl, as a file attached to the e-mail) and by post (a paper letter) to the following address: Tuszów Narodowy 397, 39-332 Tuszów Narodowy
  4. The Buyer is obliged to return the goods to the Seller within 7 days from the date of withdrawal from the Contract to the following address:
    VAN BERDE
    Tuszów National 397
    39-332 szów Narodowy
  5. In the event that the Buyer withdraws from the Contract, the Seller shall return, within 3 days from the date of withdrawal, all payments received from the Buyer for the purchase (except for the cost of delivery of the goods).
    Pursuant to Art. 32 sec. 3 of the Consumer Rights Act, the Seller may withhold the reimbursement of the payment until the goods are received back or the Buyer provides evidence of their return, depending on which event occurs first.
  6. The costs of returning the goods back to the Seller are not reimbursed to the Buyer.
  7. The Seller shall refund the payment to the Buyer using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of refund, which does not involve any costs for him.
  8. The Seller kindly asks the Buyer, if it is not inconvenient for the Buyer, to attach to the declaration of withdrawal or to the returned goods a copy of a receipt or an invoice or other proof of the transaction, as this may contribute to accelerating the refund.
  9. In the event of withdrawal from the Contract, the costs of delivery of the returned goods shall be borne by the Buyer.
  10. The Seller informs that the right to withdraw from the Contract applies only to unused goods, not assembled at their destination. The lack of a return option also applies to goods that have been custom-made for the Buyer, about which the Buyer shall be informed when placing the order.

VI. COMPLAINTS

The Seller shall be liable to the Buyer for defective goods to the extent specified by the provisions of the Civil Code, in particular the warranty provisions (Articles 556 – 576 (4) of the Civil Code).

  1. The complaint may be submitted by the Buyer in any form, sent to e-mail address biuro@vanberde.com.pl or sent by post to the following address: Tuszów Narodowy 397, 39-332 Tuszów Narodowy. The Seller shall respond to the Consumer’s complaint immediately, but no later than 14 days from the date of submitting the complaint by the Buyer.
  2. The goods under complaint shall be sent back to the following address:
    VAN BERDE
    Tuszów Narodowy 397
    39-332 Tuszów Narodowy
  3. The Seller kindly asks the Buyer, if it is not inconvenient for the Buyer, to attach to the product being complained about a copy of the receipt or invoice or other proof of the transaction, as this may contribute to faster complaint handling.
  4. The Seller kindly asks the Buyer, if it is not inconvenient for the Buyer, to use the complaint form when making a complaint. Using the form is under no circumstances necessary to handle the complaint by the Seller, however, it may contribute to the acceleration of the complaint procedure.
  5. Some of the goods received by the Buyer are covered by the manufacturer’s or distributor’s warranty.
  6. The Buyer has the right to make a complaint under the warranty if the goods are defective. There are two types of defects: physical and legal.

VII. PRIVACY PROTECTION, PERSONAL DATA

In accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 (GDRP):, we inform that:

  1. The administrator of the personal data provided by you is VAN BERDE – ZUBIEL, POGODA SP. K. with its registered office in Tuszów Narodowy 397, 39-332 Tuszów Narodowy, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000426314, TIN: 8172084346, REGON: 180345274.
  2. We collect and process only the minimum amount of personal data.
  3. Your personal data shall be processed only for the following purposes:
    1. drawing up and sending of an offer basing on given consent – legal basis: article 6 paragraph 1 (A) of the GDPR and for the purposes of the legitimate interests pursued by the Administrator – the legal basis: article 6 paragraph 1 (F) of the GDRP,
    2. performance of a contract – the legal basis: article 6 paragraph 1 (B) of the GDRP of April 27, 2016,
    3. handling claims – the legal basis: article 6 paragraph 1 (F) of the GDPR – legitimate interests pursued by the Administrator.
  4. The categories of personal data processed include data necessary for the conclusion and performance of the Contract.
    We may disclose your personal data to entities cooperating with us, bodies authorized by law to receive such information and companies providing us services.
    Personal data shall be stored for the period necessary to perform the Contract, but no longer than until the expiration of the claim period.
    Data subjects shall have the right to access their data, to have their data rectified, deleted, to restrict or object to data processing or data transfer and the right to lodge a complaint with the supervisory body, which is the President of the Protection Personal Data Office.
    Providing data is necessary to conclude a contract.
  5. The administrator does not intend to transfer your personal data to a third country or to international organizations.
  6. Your personal data shall be kept for no longer than is necessary to achieve the above purposes. In the case of given consent, until the consent is withdrawn.
  7. You have the right to request from the Administrator access to your data, to rectify, delete, update them, as well as you have the right to restrict data processing, object to such processing or data transfer, withdraw consent to the processing of personal data.
  8. If you believe that the processing of personal data concerning you violates data protection law, you are entitled to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office.
  9. Providing your personal data is necessary to achieve the purpose for which they are processed.
  10. Buyers have the right to inspect their personal data, correct them and demand their deletion. To do this, please contact VAN BERDE by e-mail at biuro@vanberde.com.pl.

IX. FINAL PROVISIONS

  1. The Seller reserves the right to amend the Contract.
  2. Any ammendments to the Contract become effective upon their announcement at http://www.vanberde.com.pl
  3. Amendments to the Contract do not apply to Forms that have already been successfully sent by the Buyers.
  4. The contract for the sale of goods is concluded in accordance with Polish law and in the Polish language.
  5. All disputes arising out of or in connection with the sales contract shall be finally settled by the court with jurisdiction over the registered office of the Seller, except for disputes to which the Buyer is a party under Art. 22 (1) of the Civil Code.
  6. For the avoidance of doubt, it is stated that none of the provisions of the terms and conditions of this Contract shall limit the Buyer’s rights under the provisions of law in force in the territory of the Republic of Poland.
  7. The Contract enters into force on 01/01/2022.