General terms and conditions of sale and delivery for contracts
concluded with consumers Tekaem Grzegorz Engelbrecht
Version 1.0 Date of issue: 2019.06.13
TEKAEM Grzegorz Engelbrecht
1. General Provisions
The General Terms and Conditions of Sale and Delivery concluded with Consumers (hereinafter referred to as “GTCS”) define the principles for concluding contracts for the sale and delivery of movable items, in which the seller is Grzegorz Engelbrecht conducting business activity under the name Tekaem Grzegorz Engelbrecht, with its registered office in Komorniki, address: Poznańska 47a, holding REGON number 383629333 and NIP (Tax Identification Number) 5881030505 (hereinafter referred to as “Tekaem”), and the buyer is a natural person who purchases movable items for purposes not directly related to that person’s 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 a legible handwritten signature.
The GTCS constitute an integral part of the sales and delivery contracts concluded by Tekaem with Consumers.
2. Glossary
Offer – an offer submitted by the Consumer to purchase goods in the form of a list of items – indicating all essential items (the essential items being understood as specification of length, type and layout of facings, type of profiling, colour scheme, workshop drawings, type of lock, type and length of undercut) – orders previously defined and completed by Tekaem on a generated form as separate records with quantities assigned to them in natural units of measure (pieces, linear metres, square metres, and others).
Additional conditions for performance of the offer – additional terms individually negotiated for the performance of the final offer and the conclusion of the contract (such as: advance payment, method of delivery, place of destination, type of load).
Consumer – a natural person purchasing movable items from Tekaem for purposes not related to his/her business or professional activity.
Seller – Grzegorz Engelbrecht conducting business under the name Tekaem Grzegorz Engelbrecht, with its registered office in Komorniki, address: Poznańska 47a, REGON number 383629333, NIP 5881030505.
Payment date – the day on which the price for the goods becomes due.
Claim – the right to demand certain behaviour.
Goods – consumer goods, i.e. movable items purchased from Tekaem by a natural person for purposes not related to his/her business or professional activity.
Complaint – a statement made by the Consumer about exercising his/her specifically indicated claims.
Notification – the Consumer’s notice to the Seller about detecting the non-conformity of goods with the contract.
Seller’s premises – the registered office of Tekaem or another point of sale where Tekaem conducts the sale of goods.
3. Conclusion of the Contract
A condition for the effective conclusion of a sales contract is the submission of an offer by the Consumer.
The Seller’s acceptance of the offer means that the Seller has received the order and has accepted it for execution on the terms specified therein.
The Consumer has the right to withdraw the offer by submitting a statement to the Seller, no later than within 24 hours from the moment of its submission, unless it has already been commissioned for production (if the withdrawal period expires on Sunday, it shall be extended until 9:00 a.m. on Monday).
In the event that the Goods are temporarily or permanently unavailable, the Consumer has no claim to the conclusion of the contract.
4. Offers and Prices
The functional properties, intended use, and quality requirements which the Goods should meet result from technical approvals, declarations of conformity, and Polish or European Standards obtained or applied by Tekaem.
Information published on Tekaem’s website, in printed materials (hereinafter referred to as “Catalogues” or “Brochures”), leaflets, advertisements, and other publications regarding the Goods offered by Tekaem are of informational character only, while samples and exhibits displayed by Tekaem are of demonstrative and exhibition nature; the above-mentioned sources do not constitute an offer within the meaning of the provisions of the Civil Code, even if they indicate prices, but merely an invitation to conclude a contract. Detailed technical data provided in Catalogues or Brochures may be changed at any time.
The prices of Goods specified in the price lists made available by Tekaem at its registered office are valid for the period indicated in a given price list. In the case of orders whose execution involves special processing or cutting of the Goods, the price of the Goods is finally determined based on the offer; however, if that price differs from the price list, the Consumer must separately accept such altered price. Prices are expressed in Polish zloty and include value-added tax (VAT). The prices provided are per unit of measure, unless the nature of the Goods indicates that the price refers to the quantity of items.
5. Terms of Payment
The payment date for the price is indicated on the invoice issued by the Seller. The parties may agree on a different payment date or method of payment. The payment term is always specified in days. If the invoice does not specify a payment term and the parties have not agreed otherwise, the Seller is entitled to demand payment of the price stated on the invoice at the moment the Consumer receives the ordered Goods, or—if the Consumer fails to collect the Goods despite their readiness for collection—from the moment the collection of the Goods was to take place according to the contract.
The day of payment is considered the day the amount is credited to the Tekaem bank account indicated on the invoice or to another account designated by Tekaem, or the day of cash payment.
Pursuant to Article 106n of the Act of 11 March 2004 on Value Added Tax (Journal of Laws 2004 No. 54, item 535), the Consumer accepts the use of electronic invoices and their transmission to the Consumer’s email address in PDF format. This acceptance is valid indefinitely from the date of conclusion of the first sales contract based on the submitted Final Offer. The email address from which the Consumer conducts correspondence with the Seller shall be deemed the address for electronic delivery of invoices unless another address is indicated in the Final Offer or in correspondence as the proper one for such delivery. Lack of such email address shall result in the invoice being sent in printed form.
The Consumer may revoke his/her acceptance in writing (also in the same form as used for correspondence with the Seller), effective on the last day of the month in which the revocation reached the Seller. The Consumer is responsible for ensuring the efficiency of telecommunication devices and related software enabling individual remote communication with the Seller. In particular, the Consumer is responsible for the ability of such devices to receive correspondence from the Seller.
6. Reservation of Ownership
Tekaem reserves the right of ownership of the sold Goods until the entire price has been paid.
If the Consumer fails to make payment within the specified term, Tekaem has the right to demand the return of the Goods. Tekaem may also claim compensation if the value of the Goods has decreased in relation to the sale price, including where the Goods have been built in, installed, or damaged.
If enforcement proceedings are initiated against the Consumer before full payment of the price, the Consumer is obliged to mark the Goods in a manner indicating the existence of the reservation of ownership in favour of Tekaem. In the event that the Goods owned by Tekaem are seized in the course of enforcement proceedings against the Consumer’s assets, the Consumer is obliged to immediately inform Tekaem thereof and cooperate in enforcing Tekaem’s rights against the seizing entity.
Upon Tekaem’s request, the Consumer must immediately provide information regarding the storage location of Goods subject to the ownership reservation. Tekaem is entitled to inspect the Goods and to retrieve them if its ownership rights are at risk.
7. Terms 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 is obliged to collect the Goods on the agreed date.
If Tekaem’s inability to perform results from force majeure, the Consumer shall not be entitled to any claims for damages due to non-performance or delayed performance of the contract. Tekaem is obliged to promptly inform the Consumer of any events causing the impossibility of delivery.
Products sold by Tekaem must be stored, transported, and unloaded in accordance with the recommendations contained in technical catalogues, transport instructions, and unloading manuals prepared by the manufacturers of the Goods sold by Tekaem.
The Consumer acknowledges that failure to comply with Tekaem’s transport, storage, or installation recommendations may constitute grounds for Tekaem to refuse recognition of the Consumer’s warranty or complaint claims.
8. Delivery of Goods
At the moment of delivery of the Goods by Tekaem to the Buyer (Consumer) or to a person authorised by him/her, the benefits and burdens related to the Goods as well as the risk of accidental loss or damage to the Goods shall pass to the Buyer (Consumer). It is presumed that the person presenting confirmation of the contract or the invoice is authorised to collect the Goods.
The place of performance (delivery of the Goods) by Tekaem shall be the Seller’s premises. If the place of delivery has been established outside the Seller’s premises, it shall be deemed that delivery occurred at such delivery location, unless otherwise provided in the sales contract.
If the Consumer fails to unload the delivery vehicle containing the Goods within two (2) hours from its arrival at the destination, the Consumer shall bear the costs of the vehicle’s downtime.
9. Non-Conformity of Goods with the Contract, Complaints, Liability
The Seller is liable to the Consumer if the sold item has a physical or legal defect (warranty for defects). The Seller is responsible for non-conformity of the Goods with the contract (physical defect), particularly when the sold item:
– lacks the properties that such an item should possess for the purpose indicated in the contract or resulting from the circumstances or intended use;
– lacks the properties which the Seller assured the Consumer it possessed, including by presenting a sample or model;
– is unsuitable for the purpose communicated by the Consumer to the Seller at the time of concluding the contract, unless the Seller objected to such purpose;
– was delivered to the Consumer incomplete.
If the physical defect is found within one year from the date of delivery of the Goods, it shall be presumed that the defect or its cause existed at the time the risk passed to the Consumer.
If the Goods are non-conforming with the contract, the Consumer has the right to demand that the Goods be brought into conformity with the contract by free repair or replacement with new ones. The Consumer may also demand an appropriate price reduction or withdraw from the contract, unless the Seller promptly and without excessive inconvenience to the Consumer replaces the defective item or removes the defect. This limitation shall not apply if the item has already been replaced or repaired by the Seller or if the Seller has failed to fulfil its obligation to replace or repair the item.
The Consumer may, instead of the repair proposed by the Seller, demand replacement of the item, or instead of replacement demand repair, unless bringing the item into conformity in the manner chosen by the Consumer is impossible or would require excessive costs compared to the other method proposed by the Seller. When assessing excessive costs, the value of the defect-free item, the type and significance of the defect, as well as the inconvenience for the Consumer are taken into account.
The reduced price must be proportional to the price resulting from the contract, corresponding to the ratio between the value of the defective Goods and the value of defect-free Goods. The Consumer may not withdraw from the contract if the non-conformity is insignificant.
The appropriate time for repair or replacement shall be determined taking into account the type of Goods and the purpose of purchase, with an estimated term of 60 days from the date the complaint is acknowledged.
The Seller may refuse to satisfy the Consumer’s request if bringing the defective Goods into conformity in the manner chosen by the Consumer is impossible or would entail excessive costs compared to the alternative.
The Seller is not liable for non-conformity if the Consumer knew or, acting reasonably, should have known about it at the time of contract conclusion.
The Seller is liable for non-conformity discovered within two years from the date of delivery of the Goods. If the expiry date specified by the Seller extends beyond two years, the Seller’s warranty applies until the expiry of that date.
Claims for repair or replacement expire one year after the defect was discovered.
Within the above time limits, the Consumer may submit a statement of withdrawal or price reduction. If the Consumer requested replacement or repair, the limitation period begins upon the ineffective expiry of the term for replacement or repair.
During court or arbitration proceedings regarding any of the warranty claims, the limitation period for other warranty rights is suspended until final completion of such proceedings.
In the complaint, the Consumer shall provide the following purchase identification data: purchase date, order confirmation number, reason for complaint, quantity of Goods complained of, and specify the claim (claim value and expected manner of handling).
The Consumer must allow the Seller to inspect the complained Goods, including taking samples and performing technical tests.
The Seller shall consider the complaint and provide a response within 14 days from receipt of a complaint containing the claims.
Tekaem shall not be liable for any product marked as “second-grade goods” with regard to any physical defects. Such goods, regardless of their type or quantity, are not covered by any warranty, guarantee, or liability for non-performance or improper performance of the contract. The Consumer purchases second-grade goods at his/her own risk, in the condition at the time of delivery, at a reduced price, without any right to claims concerning quality, and upon receipt waives any such claims against Tekaem in the future.
In particular, the Consumer is not entitled to return or reduction of the order, compensation, or refund of costs. Second-grade goods may fail to meet standard quality norms and may not comply with accepted parameters of steel or foam thickness. They may display irregularities, scratches, dents, foam or lacquer defects (including colour discrepancies), dimensional deviations, etc. Such deviations do not constitute defects.
The Consumer is informed of such defects before purchase and confirms this by accepting a fiscal receipt indicating that the goods purchased are second-grade (also marked as gat2, g2, or 2G).
Tekaem informs that colour change of the polyurethane core in PIR thermal insulation panels does not affect the mechanical or thermal performance of the product. Such change occurs both in indoor and outdoor storage. Complaints on this ground will not be accepted.
Tekaem informs that minor bubbles or wrinkles in coatings used in PIR panels result from the production process, during which polyurethane shrinks – this is a typical phenomenon. Complaints on this ground will not be accepted.
Tekaem informs that in the case of milling services of PIR insulation panels, the effective covering area decreases by 2% to 4%. Complaints on this ground will not be accepted.
Quality or quantity complaints of PIR panels and accessories must be submitted before installation. Installed products are deemed defect-free, and complaints submitted after installation will not be accepted.
10. Final Provisions
In matters not regulated in these GTCS, the provisions of the Civil Code of 23 April 1964 (Journal of Laws 1964, No. 16, item 93, as amended) and the Consumer Rights Act of 30 May 2014 (Journal of Laws of 24 June 2014, as amended) shall apply.
Tekaem reserves the right to use information about construction projects or design/execution works carried out using Tekaem products or technologies for marketing purposes, including in particular to inform about such projects or works and to record them in photographic or other graphic form and to include them in any promotional materials of Tekaem.