General Terms and Conditions of Sale

§ 1. General provisions

  1. The General Terms and Conditions of Sales (hereinafter referred to as GTS) define the rules for the conclusion of sales contracts for goods offered by Luupo Sp. z o.o. (hereinafter referred to as the Seller) and are an integral part of all sales contracts concluded with the Seller.
  2. The sales contract is concluded by placing a written order (hereinafter referred to as the order) by the Buyer and its confirmation by the Seller.
  3. Placing an order is tantamount to accepting the GCS.
  4. The conclusion of a separate sales contract excludes the application of these GTS only to the extent regulated otherwise therein.
  5. Different arrangements between the parties agreed and confirmed in writing shall take precedence over the provisions of the GTS.

§ 2. Prices and payment terms

  1. All prices presented in bids are net prices to which VAT will be added at the statutory rate.
  2. Prices expressed in foreign currency are converted into PLN at the average exchange rate of the National Bank of Poland as of the date of the order, unless a separate agreement with the Buyer provides otherwise.
  3. The prices shown in the quotations are for the execution of the order in the Seller’s mass production. If it is not possible to start serial production, the Seller reserves the right to charge a surcharge for smaller quantities in the amount indicated on the order confirmation.
  4. The Seller shall provide transportation within Poland of the purchased goods in case the value of the delivered goods exceeds 10000 PLN net,
  5. Payment for goods shall be made without deductions according to the agreed payment terms. The payment term in each case shall be specified in days and calculated from the date of the invoice.
  6. Until payment is paid in full, the purchased goods are the property of the Seller. (reservation of ownership of the sold thing – Article 589 of the Civil Code).
  7. In the event of late payment, the Seller shall be entitled to claim statutory interest without further notice, which shall be calculated from the day following the date on which the due date has passed.
  8. The date of payment for the goods shall be the date of receipt of funds into the Seller’s bank account.
  9. Filing a claim does not relieve the Buyer from the obligation to pay for the goods.

§ 3. Delivery of goods

  1. The order should specify the exact name of the goods, quantities and place of delivery, and should be signed by a person authorized to place orders on behalf of the Buyer.
  2. The seller will confirm the order in writing within 3 business days regarding: type and quantity of goods, selling price, date of shipment, form of delivery, place of loading, delivery address and form of payment.
  3. When the goods are delivered by the Seller’s transportation, the place of performance shall be the place of unloading of the goods indicated in the order confirmation. When the Buyer takes delivery of the goods by his own transport, the place of performance shall be the Seller’s warehouse indicated on the confirmation.
  4. Any changes to orders require written form and written confirmation by the Seller. The Seller reserves the right to charge the Buyer with the actual costs that have arisen up to the moment of order change, not exceeding the value of the order. If the Buyer submits changes within 3 days, calculated from the date of receipt of confirmation of the original order, the Seller will not charge the Buyer.
  5. Failure to pay the amount due within the period specified in the invoice entitles the Seller to discontinue the delivery of goods and stop the execution of orders already accepted. The Seller may make the execution of a new order placed by a Buyer who is in arrears with payments or pays invoices in arrears subject to an advance payment on account of the Buyer’s new order.
  6. In the event of inability to fulfill the terms of delivery due to “force majeure”, the Buyer shall not be entitled to any claims on this account. “Force majeure” is defined as any event not attributable to the Seller, e.g. natural disasters, strikes, restrictions caused by an order of the authorities, traffic accidents, etc.

§ 4. Complaint

  1. Complaints can be submitted in any written form (by email, fax or letter).
  2. Each claim must contain: a detailed description of the nonconformity, photos or videos showing the nonconformity.
  3. Claims not documented in accordance with the above provisions will not be processed.
  4. The seller shall respond to complaints within 14 days of receipt.
  5. If a complaint is accepted by the Seller, the Seller agrees to satisfy the claim within no more than 30 days from the date of receipt of the complaint application containing all elements. The Seller may, at its discretion, repair the claimed goods, replace the goods with defect-free goods, or agree on appropriate compensation.
  6. Quality complaints

6.1. The photos or videos attached to the application must show the logo of the company “Luupo” positioned in accordance with the “Drawing for approval” for the product given to the Buyer with the first accepted order.

6.2. A quality complaint is considered on the basis of the drawing available on the Seller’s website or, if there is no drawing on the website, on the basis of the “Drawing for Acceptance” signed by the Buyer.

6.3. The seller is not responsible for damage caused during unloading.

6.4. The seller shall not be liable for damage resulting from the use of the product contrary to its intended use, as well as without the consent of the manufacturer to make changes in the construction of the product.

7. Quantity complaints

7.1. Quantitative complaints must be submitted within two working days from the date of unloading, after this deadline, complaints will not be accepted.

7.2. All deliveries accepted by the Buyer must be accepted in accordance with the gross weight stated on the delivery document (bill of lading/WZ depending on the form of delivery) and the gross weight stated on the pallet/bulk package label.

7.3. In the event of non-conformity of the delivered goods with the weight stated on the delivery document and label, the Buyer and the driver/carrier are obliged to draw up and jointly sign a protocol of non-conformity containing its description, to which will be attached, taken at the time of receipt of the goods, photographs or films showing the irregularities found.

7.4. A pallet/bulk package with a weight that does not conform to the description on the label may not be unpacked and must be available intact for inspection by a representative of the Seller.

7.5. In the event that the Buyer accepts a non-conforming delivery without the preparation of claim documents in accordance with the above guidelines, claims for that delivery will not be accepted.

§ 5. Personal data protection

1. By accepting the terms and conditions of sale, the Buyer agrees to the processing of his personal data in accordance with the Law of May 10, 2018 on the Protection of Personal Data 1), 2), 3) (Journal of Laws 2018 item 1000).

§ 6. Final provisions

  1. The Seller reserves the right of ownership and copyrights to the drawings, estimates and catalog materials provided to the Buyer, and therefore the Buyer may not make them available to third parties unless the Seller gives written permission to do so.
  2. The provisions contained in these GTS may be amended only in writing under pain of invalidity. 2.1. The Seller will notify the Buyer of changes by posting the date of the document update on the GTS. The OWS will be available on the website www.luupo.pl.
  3. The scope of liability for indirect and consequential damages due to non-performance, or improper performance of the contract by one of the parties is only up to the value of the goods subject to the contract.
  4. In matters not regulated in the GTS, the provisions of the Civil Code shall apply.
  5. Any disputes arising from the performance of the contract in the absence of the possibility of an amicable resolution of the dispute, will be settled by the court of the Seller’s seat.

Update date: 06.2022