§ 1 GENERAL RESOLUTIONS
- The general terms and conditions of the order (hereinafter referred to as the GTC) apply to orders for goods accepted for execution by Mikrotech S.A. – brand owner of FABOR (www.fabor.pl).
- The supplier is Mikrotech S.A. based in Krosno, ul. Składowa 9, entered into the register of entrepreneurs kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under KRS number 0000112227.
- The ordering party may be a physical person running a business, a legal person or an organizational unit without legal personality.
- The general terms and conditions of order execution apply to the Supplier and the Ordering Party.
- Any changes or derogations from the general terms and conditions of the order must be made in writing and accepted by both parties unless they are invalid.
§ 2 SCOPE OF APPLICATION
The following conditions apply to all orders processed by the Supplier, both those resulting from regular business contacts and orders.
§ 3 ORDERS
- Orders are accepted only on the order form sent by the sales representative:
- in electronic form by sending a scan of the order form signed by a person authorized to represent the Ordering Party. Orders should be placed electronically to the appropriate e-mail address of the sales representative or to the address email@example.com provided on the website www.fabor.pl/kontakt,
- in writing by sending an order form signed by a person authorized to represent the Ordering Party by fax (fax: 13 49 26 002).
- Each order must be signed by persons authorized to represent the Ordering Party in accordance with the method of representation shown in the National Court Register or in the Central Registration and Information on Business. If an order is placed by a proxy, the person signing the order should have an appropriate power of attorney and submit it to the Supplier at the request of the Supplier. If there is no authorization or if its scope is exceeded, the person signing the order is liable without limitation for any damage caused to the Supplier.
- If the Ordering Party is in arrears with payments, the Supplier reserves the right not to accept another order before the outstanding amounts are paid or to process the order after prior prepayment.
- Once the order form is submitted to the Supplier, it is not possible to cancel or change the order, and the Ordering Party is obliged to pay the total value of the order.
§ 4 PRICES
The prices given in the offer are the prices valid for the period of validity of the offer.
§ 5 PAYMENTS
- The only form of payment is by bank transfer.
- New customers are required to prepay for the first two orders. After making these payments, the customer can apply for a deferred payment date.
- An invoice confirming the sale will be issued after the goods are released from the Supplier’s warehouse and sent together with the goods to the address indicated in the order.
- In special cases, an invoice confirming the sale will be sent:
- by post to the correspondence address provided by the Ordering Party,
- by e-mail after sending a written request.
- The Ordering Party is obliged to pay the amount due for the sale of the goods within the deadline indicated on the invoice.
- If the Ordering Party exceeds the payment deadline, Mikrotech S.A. has the right to charge statutory interest for late payment and to charge the Ordering Party with the costs of reminders.
§ 6 PRODUCT LABELING SERVICE
- When ordering goods with print or embroidery (logo, sign, etc.), its content, required graphic layout, dimensions, colors, arrangement, etc. must be delivered in electronic form before placing the order.
- Adaptation of embroidery and printing, preparation of an individual graphic design, color verification and delivery of a marking pattern by Mikrotech S.A. involves additional fees that will be specified in the offer and on the order form sent by the sales representative.
- After the first marking service has been completed, all subsequent orders will not be charged an additional fee for adapting the print and embroidery design, unless the order sent for processing differs from the previous ones.
- In the case of embroidery, screen printing or foil, please provide the following files: .pdf, .ai, .cdr in 300dpi resolution, in the CMYK palette. All content should be converted to curves. Scale 1:1.
- The colors of the print may differ slightly from the color pattern provided by the ordering party.
- All color conversions of CMYK to Pantone and Pantone to CMYK are carried out solely at the risk of the Client.
- The Contractor is not responsible for errors in the advertising print in the case of a graphic design approved by the Ordering Party.
- A complaint regarding the color of the print may only be made in relation to a previously ordered and confirmed proof (pattern) of the design relating to the order being complained about. In other situations, complaints regarding the colors of the print will not be accepted. Ordering products without a prior proof (pattern) is tantamount to acceptance of the above by the Customer.
§ 7 COMPLETION TIME AND DELIVERY OF GOODS
- The completion date may change in the event of force majeure obstacles that occurred after the order was accepted and which Mikrotech S.A. he couldn’t predict. This also applies to obstacles caused by Mikrotech S.A. suppliers. Any claims by the Ordering Party for damage resulting from obstacles are excluded in such cases.
- The goods are deemed to have been delivered and received by the Ordering Party at the moment they are entrusted by the Supplier for shipment by post or courier.
- The goods are delivered within Poland and the European Union via a courier or logistics company, in other cases the conditions are agreed individually.
- Delivery costs are covered by the Ordering Party. In exceptional cases resulting from individual arrangements, Mikrotech S.A. may cover the cost of delivery to a selected address in Poland or a selected EU country.
- It is possible for the Ordering Party to collect the completed order in person. Any such cases must be agreed with the sales representative.
- Mikrotech S.A. is not responsible for damage to the goods during transport, as well as for delays in delivery of the shipment due to the carrier’s fault.
- When accepting goods from a transport company, the Ordering Party is obliged – if the packaging is damaged or the goods were damaged in any way during transport – to note this fact on the consignment note signed in the presence of the courier and prepare an appropriate report. Failure to comply with the above obligation makes it difficult, and in some cases impossible, to subsequently file a complaint for loss or damage to the shipment.
- If the Ordering Party extends the agreed delivery date or if the goods are not accepted, the Supplier has the right to charge the Ordering Party additional transport costs.
§ 8 COPYRIGHTS
- By placing an order, the Ordering Party declares that it has unlimited rights to use the material (logo, sign, etc.) provided for printing. If any third party makes a claim against the Supplier related to the violation of its rights by the Supplier, the Ordering Party undertakes to release the Supplier from such liability in full and reimburse him for the expenses necessary for purposeful defense.
- The Supplier is entitled to use completed orders in advertising materials or on the website, also in the form of information about the realizations of services to the Ordering Party.
§ 9 COMPLAINTS AND RETURNS
- The supplier guarantees the quality of goods and services.
- The ordering party is obliged to check the goods immediately after receiving them for quantity and quality.
- If quantitative irregularities are detected, the Ordering Party is obliged to immediately, no later than within two business days, inform the Supplier about the situation. The notification should be made in writing to the e-mail address of the sales representative.
- Quality complaints will be considered only if they are reported in writing, using the form referred to in point. 7, to the Supplier’s address, ul. Składowa 9, 38 – 400 Krosno with the note FABOR, within 7 days from receiving the goods. The sales representative will inform you when a defective product should be attached to a quality complaint in order to confirm the defect.
- Any irregularities in part of the delivered goods do not entitle the Ordering Party to complain about the entire delivery.
- Complaints will be considered within 14 days from the date of submitting the written complaint. The basis for submitting a complaint is sending a completed complaint form.
- The complaint form can be downloaded here.
- Complaints will not be accepted:
- when they concern goods with markings (embroidery, prints… etc.) without the intermediation of Mikrotech S.A., or when they concern damage resulting from delay in receipt of the goods,
- when they do not meet the requirements of point 3 – 4,
- when they concern damage resulting from improper use, including use other than intended,
- due to the delay in receiving of the goods by the Ordering Party,
- unless it is shown that the damage is not due to unloading or transportation errors.
- The orderer is obliged to check the goods before handing them over to a third party. Complaints submitted by third parties will not be considered.
- The Supplier may repair, accept as a return or replace the complained product with a defect-free one if it is not marked, unless the parties agree on an appropriate price reduction – within 14 days from the date of filing a written complaint and the Supplier’s determination of the validity of the complaint.
- Return of ordered or purchased goods not covered by a complaint is not possible. In special cases, the Supplier may agree to return the goods, which will involve covering handling costs by the Ordering Party, such as transport costs. The amount of handling costs will be confirmed by the Supplier.
- Filing a complaint does not suspend the Ordering Party’s obligation to pay the due amount for the goods.
- The Supplier’s liability for defects in the goods covers only damage resulting from the culpable behavior of Mikrotech S.A. Liability of Mikrotech S.A. are not covered by the so-called consequential damages and lost profits. Moreover, the Supplier’s liability is always limited to the net price of the complained goods and/or services paid by the Ordering Party. Any further claims for damages by the Ordering Party are excluded.
- The Supplier is not liable for the suitability of the goods for the purpose expected by the ordering party, if the ordering party has not specified in writing all the conditions regarding the goods.
- The Supplier’s liability under the warranty for physical defects of the delivered goods is excluded.
- The complained goods will be accepted only if the complaint is accepted and this fact has been agreed in advance with the sales representative, which should be understood as a clear expression of the position of the Supplier consenting to the return. In any other case, the Supplier reserves the right to return the goods at the expense of the Ordering Party.
§ 10 OTHER TERMS AND CONDITIONS
- If the Supplier’s inability to perform the service is due to force majeure, the Ordering Party is not entitled to any claim for compensation for damage resulting from non-performance or untimely performance of the contract. For the purposes of these Terms and Conditions, a manifestation of force majeure is an event of an extraordinary, unforeseen nature and beyond the control of the parties to the contract, occurring after the conclusion of the contract and resulting in the inability to perform the contract in its current wording, in particular: war, natural disasters, blockade, embargo and other international sanctions, epidemics.
- Disputes arising from the implementation of the above Terms and Conditions will be settled through amicable arrangements. In the event of no agreement, the dispute will be resolved in court by the court competent for the Supplier’s registered office.
- In matters not regulated by the above provisions of these Terms and Conditions, the relevant provisions of the Civil Code shall apply.
- Placing an order is tantamount to the acceptance by the Ordering Party of the provisions of these Terms and Conditions.
- The Ordering Party may not transfer knowledge, information and documents obtained as a result of business contacts with the Supplier to third parties without the consent of the Supplier.
- Completing the order form with the Ordering Party’s data, including this data in an e-mail or transmitting it by phone is tantamount to consent to its storage and processing by Mikrotech S.A. Personal data is stored and processed in accordance with Art. 6 section 1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of physical persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (i.e. General Regulation on data protection) (OJ UE.L 2016 No. 119, p. 1). The administrator of personal data is Mikrotech S.A. based in Krosno, ul. Składowa 9, entered into the register of entrepreneurs kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number 0000112227, NIP 6840009101, REGON 370361688. The data is processed for the purpose of proper execution of the order by Mikrotech S.A. – owner of the FABOR brand. The Ordering Party has the right to access and correct its data, as well as to request its deletion. Providing data is voluntary, but refusing to provide it may result in the Supplier being unable to complete the order.
- Different arrangements between the parties agreed and confirmed in writing shall prevail over the provisions of these Terms and Conditions.
- These Terms and Conditions are available to the Ordering Party before concluding the contract on the website www. fabor.pl. in the ABOUT US/OWRZ tab. Changes to the Terms and Conditions will be posted each time on the website www.fabor.pl.
- The content presented on the website www.fabor.pl and in brochures, catalogues, advertisements and other publications does not constitute an offer within the meaning of the Civil Code.