General terms
of concluding sale agreements
as part of business activity pursued by:
Maciej Homa – entrepreneur pursuing business activity under the business name:
HOMAT Maciej Homa
Article 1
Definitions
1. Seller – Maciej Homa, i.e. the entrepreneur pursuing business activity under the business name: HOMAT Maciej Homa (principal place of business: voivodeship: SILESIAN, poviat: Bielski, commune: Bestwina, town: Bestwina, ul. Krakowska, nr 177, 43-512, post: Bestwina; Tax Identification Number: 6521725619, REGON (Statistical Identification Number): 362487645, e-mail address: office@homat.pl, phone number: +48 886181438).
2. Customer – a natural person over 18 (in words: eighteen) years of age, including a consumer, legal person, organizational unit that is not a legal person and has legal capacity under the act.
3. Consumer – a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity.
4. Act on Consumer Rights – act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
5. Rules and Regulations – these rules and regulations.
6. Good – an item offered by the Seller as part of the business activity pursued.
7. Sale Agreement – sale agreement of the given Good as defined in Article 535 of the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended, hereinafter: “Civil Code”).
Article 2
General Provisions
Under these Rules and Regulations, the Seller specifies the terms and conditions of concluding Sale Agreement of goods offered by the Seller as part of the business activity pursued by the Seller, including the rules for placing orders, the procedure for concluding Sale Agreement, the complaint procedure as well as the procedure in the scope of personal data processing.
Article 3
Procedure for Concluding Sale Agreement, its Terms and Conditions
1. When placing an order, the Buyer should provide all necessary information regarding the ordered Good or Service, which will allow for the unequivocal identification of the Good/ Service and information on the method, in which the Good should be prepared for transport. The failure to meet this condition means that in case of any doubts, they are charged to the Buyer and do not constitute basis for making a complaint.
2. The Seller shall be obliged to deliver the ordered Good or Goods – without any defects.
3. Any additional costs related to the order shall be borne by the Buyer unless the Parties provide for otherwise.
4. The Seller may grant discounts or rebates, however, any such discounts or rebates require a written form or otherwise they shall be null and void.
5. The Seller reserves the quantitative tolerance for order processing at the level of +/- 5%, which is dictated by the nature of the offered goods.
6. If the Buyer entrusts the Seller with the material, the Seller is not obliged to check the quality of the entrusted material, therefore, the Seller is not responsible for the quality and type of material and its features allowing for its use.
7. If the delay in the performance of the Agreement does not result from the exclusive fault of the Seller, the Seller shall not be liable for this.
8. The Buyer may return to the Seller the Good only based on the Seller’s written consent.
Article 4
Complaints
1. Any complaints regarding the purchased goods shall be submitted in writing, by e-mail or traditional mail, by sending the complaint to the following address of the Seller: office@homat.pl or 43-512 Bestwina, ul. Krakowska 177. The Seller shall examine the complaint within 7 (in words: seven) days from the date of receipt. During this time, the Customer shall be notified about the method of examination. Furthermore, the Seller shall provide warranty for the offered Goods, the details of which are specified in each warranty document. However, the condition for using the warranty is that the Goods have not been previously repaired by any third party, i.e. outside the service offered under the
warranty. Thus, the authorized person (Customer, Consumer) shall not be able to enjoy the warranty if it turns out that the Customer/Consumer has misused the Good, especially in a manner contrary to the terms and conditions of the warranty, in particular if the Customer/Consumer has not performed technical inspections specified in the warranty.
2. The Buyer shall be obliged to immediately provide the Seller with a sample of the questioned/defective Good in order to enable the Seller to carry out appropriate activities, including tests of the Good. The Buyer shall be also obliged to provide the Seller with any important information regarding both the storage of the Good as well as its processing technology.
3. The Seller shall be liable for shortages or defects of the Goods only on terms specified in these terms and conditions of sale.
Article 5
Payment Terms
1. If the Seller has reasonable suspicion that the Buyer shall not fulfil the obligation to make payment for the delivered Good or for the performed Service, the Seller has the right to suspend the delivery of the next Good or the provision of the Service until the obstacle constituting the basis for these activities is removed.
2. The Seller has the right to request payment before the Good is released, if the situation referred to in the item above occurs.
Article 6
Personal Data
The issue of processing personal data of Customers is regulated in a separate document – the Privacy Policy, constituting Appendix to these Rules and Regulations (whereas the definitions included in these Rules and Regulations are also used in the Privacy Policy).
Article 7
Miscellaneous
1. The Seller represents that the function and purpose of the software used by the Seller to provide the services are their proper performance, ensuring the security and confidentiality of any data.
2. The Customer may not provide the Seller with content of the unlawful nature.
3. The Consumer has the option of out-of-court methods of examining complaints and seeking claims. Detailed information in this scope is included on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. For this purpose, the Consumer may submit an application in the above scope, e.g. to one of the permanent consumer arbitration courts operating at the voivodeship inspectorates of trade inspection (here, e.g., Permanent Consumer Arbitration Court at the Voivodeship Inspectorate of
Trade Inspection in Warsaw, website: www.spsk.wiih.org.pl), and also contact one of the poviat (municipal) consumer ombudsmen or a selected non-governmental organization dealing with consumer issues.
4. The Seller is not liable to the Buyer for lost profits, its position on the market or the occurrence of damage related to the failure to achieve the goal desired by the Buyer.
5. The Seller is not liable for the suitability of the delivered Good or the Service provided for the purposes specified by the Buyer, but only for the compliance of the Good or Service with the Order.
6. The Seller reserves the ownership right to the Good sold to the Buyer in such a way that the ownership of such Good will be transferred to the Buyer only until it is stated that the entire price of the Good or Service is paid to the Seller.
7. The Seller shall be entitled to make any amendments to these Rules and Regulations. However, the provisions of the Rules and Regulations in the wording before the amendments shall apply to agreements concluded before the amendment to the given Rules and Regulations.
8. The Rules and Regulations are available on the Seller’s website at www.homat.pl, as well as in pdf format – also on the above-mentioned website.
9. These Rules and Regulations, the Seller’s business activity, agreements concluded under the Rules and Regulations are governed by the Polish law. The Rules and Regulations shall apply to all agreements concluded by the Seller, unless the detailed provisions of a given agreement exclude the provisions contained in these Rules and Regulations in whole or in part.
10. Any disputes shall be resolved by a common court having jurisdiction under the general regulations contained in the Code of Civil Proceedings.
11. The provisions of the Polish law shall only apply to the performance of this Agreement and its interpretation and the methods of the rules of its validity. The common court of the Republic of Poland shall have an exclusive jurisdiction.
12. These Rules and Regulations shall enter into force as of 01/08/2020.