General terms and conditions of sale and delivery for contracts
concluded with consumers TEAKEM Sp. z o. o.
Version 1.0 | Date of issue: 2021-01-15
TEKAEM sp. z o.o.
62-052 Komorniki, Poznańska 47a
1. General Provisions
These General Terms and Conditions of Sale and Delivery for contracts concluded with Consumers (hereinafter referred to as “GTCS”) define the principles of concluding contracts for the sale and delivery of movable goods in which the Seller is TEKAEM sp. z o.o. with its registered office in Komorniki, entered in the National Court Register under KRS No. 0000878550, NIP 7773369343 (hereinafter referred to as “TEKAEM”), and the Buyer is a natural person purchasing movable goods for purposes not directly related to their business or professional activity (hereinafter referred to as the “Consumer”).
The GTCS are provided to Consumers prior to the conclusion of the contract in written form at the Seller’s premises. The Consumer confirms having read and accepted the GTCS by affixing their legible signature.
The GTCS constitute an integral part of all contracts of sale and delivery concluded by TEKAEM with Consumers.
2. Glossary
Offer – an offer made by the Consumer to purchase goods, consisting of a set of items with an indication of all essential elements (including specifications such as length, type and layout of cladding, profiling, colour scheme, workshop drawings, type of lock, type and length of undercut), based on templates previously defined and provided by TEKAEM in a generated form as separate item sheets, along with the corresponding quantity in natural units of measurement (pieces, linear metres, square metres, etc.).
Additional conditions for offer execution – individual conditions negotiated for the execution of the final offer and the conclusion of the contract (such as advance payment, method of delivery, destination, type of load).
Consumer – a natural person purchasing movable goods from TEKAEM for purposes not related to their business or professional activity.
Seller – TEKAEM Sp. z o.o.
Payment date – the date on which the price of the goods becomes due.
Claim – the right to demand specific conduct.
Goods – consumer goods, i.e. movable items purchased from TEKAEM by a natural person for non-business purposes.
Complaint – a statement by the Consumer asserting specific claims.
Notification – notice by the Consumer to the Seller regarding the discovery of non-conformity of the goods with the contract.
Seller’s premises – TEKAEM’s registered office or any other sales outlet where TEKAEM conducts the sale of goods.
3. Conclusion of the Contract
A sale contract is effectively concluded upon submission of an offer by the Consumer. The Seller’s acceptance of the offer signifies that the Seller has received the order and has accepted it for execution under the terms indicated therein.
The Consumer may withdraw the offer by submitting a statement to the Seller, but not later than 24 hours after its submission, unless the order has already been sent to production (if the withdrawal deadline falls on a Sunday, it is extended until 9:00 a.m. on Monday).
If the goods are temporarily or permanently unavailable, the Consumer has no claim to conclude the contract.
4. Offers and Prices
The usability, intended purpose, and quality requirements of the goods result from technical approvals, declarations of conformity, and Polish or European Standards obtained or applied by TEKAEM.
Information contained on TEKAEM’s website, printed publications (hereinafter “Catalogues” or “Brochures”), advertising leaflets, and other materials concerning the goods offered by TEKAEM are for informational purposes only. Samples and models displayed by TEKAEM are for exhibition and illustration purposes; such materials do not constitute an offer within the meaning of the Civil Code, even if a price is provided—they are merely invitations to conclude a contract. Detailed technical data presented in Catalogues or Brochures may be changed at any time.
The prices of goods specified in TEKAEM’s price lists available at its premises apply during the period indicated therein. For orders requiring special processing or cutting, the final price is established in the offer. If the final price differs from the price list, the Consumer must expressly accept such changed price. Prices are expressed in Polish zloty (PLN) and include VAT. Prices are stated per unit of measurement unless the nature of the goods indicates otherwise.
5. Payment Terms
The payment due date is indicated on the invoice issued by the Seller. The parties may agree on a different payment date or payment method. In all cases, the payment term is stated in days.
If the invoice does not specify a payment term and no other arrangement has been made, the Seller may demand payment upon the Consumer’s collection of the ordered goods. If the Consumer fails to collect the goods despite their readiness, payment becomes due from the date when collection was supposed to occur.
The date of payment is deemed to be the date the funds are credited to TEKAEM’s bank account indicated on the invoice or the date of cash payment.
Under Article 106n of the Polish VAT Act of 11 March 2004 (Journal of Laws 2004 No. 54, item 535), the Consumer accepts the use of electronic invoices and their delivery via email in PDF format. This consent is valid indefinitely from the date of the first sale contract based on the final offer.
The Consumer’s email address used for correspondence with the Seller is deemed the proper address for invoice delivery, unless another address is explicitly indicated in the final offer or in correspondence. If no valid email address is provided, the invoice will be sent in printed form.
The Consumer may revoke consent for e-invoicing in writing (including electronic form) effective on the last day of the month in which the revocation was received.
The Consumer is responsible for ensuring the functionality of their ICT systems and software necessary to communicate electronically and receive messages from the Seller.
6. Retention of Title
TEKAEM retains ownership of the sold goods until the full price has been paid.
If the Consumer fails to pay within the specified period, TEKAEM has the right to demand the return of the goods. TEKAEM may also claim compensation for any reduction in the goods’ value, including if they were installed, assembled, or damaged.
Should enforcement proceedings be initiated against the Consumer before full payment is made, the Consumer is obliged to mark the goods as subject to TEKAEM’s ownership reservation.
In case of seizure of TEKAEM’s goods in enforcement proceedings against the Consumer, the Consumer must immediately inform TEKAEM and cooperate to protect TEKAEM’s rights.
Upon request, the Consumer must promptly provide information on where the goods under ownership reservation are stored. TEKAEM has the right to inspect or recover such goods if its ownership rights are at risk.
7. Conditions of Collection, Delivery, Storage and Packaging
TEKAEM is bound by a delivery date only if it has been agreed in writing between the parties. The Consumer must collect the goods on the agreed date.
If TEKAEM is unable to perform due to force majeure, the Consumer is not entitled to any claims for damages arising from non-performance or delayed performance. TEKAEM must promptly inform the Consumer of any such event.
Goods sold by TEKAEM must be stored, transported, and unloaded in accordance with the recommendations provided in the technical catalogues and instructions issued by the manufacturers of the goods sold by TEKAEM.
Failure by the Consumer to comply with these transport, storage, or installation guidelines may constitute grounds for TEKAEM to reject warranty or complaint claims.
8. Delivery of Goods
Upon delivery of the goods by TEKAEM to the Consumer or an authorised representative, all benefits and risks associated with the goods, including the risk of accidental loss or damage, transfer to the Consumer.
A person presenting confirmation of the contract or the invoice is presumed authorised to receive the goods.
The place of performance (delivery) is TEKAEM’s premises, unless otherwise agreed. If the place of delivery has been agreed outside the Seller’s premises, delivery is deemed to have occurred at that location, unless stated otherwise in the contract.
If the Consumer fails to unload the goods within 2 hours of the delivery vehicle’s arrival, they bear the cost of the vehicle’s downtime.
9. Non-conformity of Goods, Complaints, Liability
The Seller is liable to the Consumer if the goods sold have a physical or legal defect (statutory warranty).
The Seller is responsible for non-conformity with the contract (physical defect), in particular when the goods:
do not possess properties expected for their intended purpose;
lack properties assured by the Seller, including based on samples or models;
are unfit for the specific purpose informed to the Seller at the time of contract conclusion;
are incomplete.
If a defect is discovered within one year from delivery, it is presumed that it existed at the time of transfer of risk to the Consumer.
If the goods are non-conforming, the Consumer is entitled to have them repaired or replaced free of charge. Alternatively, the Consumer may request a price reduction or withdraw from the contract unless the Seller promptly replaces or repairs the goods without undue inconvenience.
The Consumer may demand repair instead of replacement (or vice versa) unless it would be impossible or disproportionately costly.
The reduced price must correspond proportionally to the difference between the value of the defective and non-defective goods.
The Consumer may not withdraw from the contract if the defect is insignificant.
The standard period for repair or replacement is 60 days from the date the complaint is accepted.
The Seller may refuse the Consumer’s demand if the chosen remedy is impossible or would entail excessive cost.
The Seller is not liable if the Consumer knew or could reasonably have known of the defect at the time of contract conclusion.
The Seller’s liability for non-conformity expires two years from delivery.
Claims for repair or replacement expire one year after discovery of the defect.
The Consumer may submit a declaration of withdrawal or price reduction within these time limits.
During court or arbitration proceedings concerning warranty claims, limitation periods are suspended until the case is finally concluded.
A complaint must include: purchase date, order number, reason for complaint, quantity of goods complained about, and the specific claim (its value and desired resolution).
The Consumer must allow the Seller to inspect the goods, take samples, and conduct technical tests.
The Seller must respond to complaints within 14 days from receipt.
Goods sold as second-grade (II quality) are excluded from all warranties and claims. Consumers purchase such goods at their own risk and for a reduced price, acknowledging and waiving all quality-related claims.
Second-grade goods may not meet standard quality norms and may display imperfections (scratches, dents, foam or paint defects, colour inconsistencies, size deviations, etc.), which do not constitute defects.
The Consumer confirms being informed of such quality prior to purchase, as recorded on the receipt.
Colour changes in the polyurethane core of PIR insulation panels do not affect performance and are not grounds for complaint.
Minor surface wrinkles or blisters resulting from the manufacturing process are typical and not subject to complaint.
In the case of milling PIR panels, the effective covering area decreases by 2% to 4%, which is not a defect.
Quality or quantity complaints must be submitted before installation. Once installed, products are deemed free of defects, and post-installation complaints will not be accepted.
10. Final Provisions
For matters not regulated herein, the provisions of the Polish Civil Code of 23 April 1964 and the Consumer Rights Act of 30 May 2014 shall apply.
TEKAEM Sp. z o.o. reserves the right to use information about investments or projects executed with TEKAEM products or technologies for marketing purposes, including taking photographs or other visual documentation and using them in the company’s promotional materials.