General Terms of Sale – Inter Tap® s.c.

INTER TAP General Terms of Sale

art. 1. Definitions

GTS – these INTER TAP General Terms of Sale.
INTER TAP – Inter Tap spółka cywilna Ilona Binda, Mateusz Binda, Inter Tap Sp. z o.o., z siedzibą w Pisarzowicach (43-332), ul. Bielska 26a, NIP: 9372216072, REGON: 072194577.
Customer – a natural person, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, concluding an Agreement with INTER TAP, or a person interested in the INTER TAP’s offer.
Consumer – a customer who is a natural person, concluding the Agreement with INTER TAP for the purpose not directly connected with running a business or professional activity.
Business day – any day from Monday to Friday, from 7:00 a.m. to 3:00 p.m., with the exception of public holidays falling within this period as defined under the Act on Public Holidays of 18.01.1951 (Journal of Laws 2015.90).
Parties – Customer and INTER TAP.
Products – goods and services offered for sale by INTER TAP.
Agreement – sale agreement concluded between Parties. Unless the Parties expressly agree otherwise, the provisions of these GTS shall apply to all sale agreements concluded between INTER TAP and the Customer. In the event of any discrepancy between the content of particular agreement and these GTS, such agreement shall prevail.
Order – electronic or paper document setting out the parameters of the Product to be the subject of the Agreement. In addition to information identifying the Product, each Order shall contain Customer details – including Customer’s name, surname, telephone number, address of residence, delivery address, e-mail address, date and designation of the person authorised to represent the Customer, details of the person authorised to collect the Products and, in the case of business customers – also business name, tax ID (NIP) number, KRS number (if a Customer is entered in the KRS). Each order must specify Product design number/range name, the selected colour of the Product and the quantity of the Products ordered.

art. 2. Sales procedure

All information, price lists and other advertising and commercial material addressed to unspecified recipients shall not constitute an offer to conclude any agreement, but merely an invitation to negotiate.
Upon receipt of an Order from a Customer, INTER TAP will prepare its offer as soon as possible. INTER TAP may contact Customers to clarify the items covered by their Orders.
For orders placed personally on premises, offers shall be presented to Customers at the premises of INTER TAP (unless a Customer requests an offer to be sent electronically), and for Orders placed electronically, an offer shall be sent to each Customer to the e-mail address from which their Order was sent.
Each offer specifies, in particular, the price for the Products covered by the Order and Order completion date, as well as shipping costs and the place of delivery of the Products.
Upon receipt of the offer, the Customer is obliged to confirm it. Failure to confirm the offer within 7 days of receipt will result in the expiry of the offer (unless a different expiry date is indicated on the offer).
Upon acceptance of the offer, INTER TAP will proceed with fulfilling the Order. Pending order product quantities may not be changed (which does not exclude Consumer rights under generally applicable provisions of law regarding the right to withdraw from the Agreement).
An Agreement is concluded when the Customer confirms acceptance of the offer received.
The minimum Product quantities that can be ordered are as follows:
a. for Products sold by rolls – one linear metre (the price is quoted per linear metre),
b. for natural skins – one skin (skin from one animal) – the price is quoted per square metre.
INTER TAP does not accept Product returns from properly completed Orders (which does not exclude Consumer rights under the generally applicable provisions of law regarding the right to withdraw from the Agreement).
In particularly justified cases, INTER TAP may accept returns of Products from correctly completed Orders if:
a. INTER TAP still has Products from the same series as returned Products,
b. returned Products are packed in original packaging and bear no signs of having been unpacked or used,
c. returned Products still are still included in the basic offer of INTER TAP Products sold from INTER TAP permanent stock,
d. the customer agrees to a deduction of 20% of the value of the returned Products as Product return handling and quality check of.
Customers acknowledge that the photographs of Products do not fully reflect their actual colours or designs. INTER TAP recommends that Customers use only the Product samples available at INTER TAP’s premises when selecting Products. INTER TAP may also allow a Customer to order a trial quantity of Products from a given production batch. Colour deviations between the Product delivered and the Product shown in photographs do not constitute grounds for a claim and INTER TAP’s liability for such deviations is excluded.
Each Customer acknowledges that individual batches of Products (in particular natural materials) may differ from each other, so that in case of ordering the same Product in the future, but from a different production batch, INTER TAP does not guarantee identical colours.

art. 3. Payments

Each payment for delivered Products shall be made on the basis of a VAT invoice and to the bank account indicated therein.
Unless individually agreed otherwise, the Products must be paid for in full before they are shipped to the Customer.
The date of payment is the day on which the funds are credited to INTER TAP’s bank account.
All price values indicated in Purchase Orders and in offers are gross and include VAT. The price does not include transport costs.
Unless individually agreed otherwise, INTER TAP shall not be obliged to fulfil any Order or any part thereof if INTER TAP does not receive the entire price of the Order.

art. 4. Deliveries

Delivery of the Products shall take place at the time indicated in the Order and to the place indicated as the place of delivery in the Order. If the place of delivery is changed after the conclusion of the contract, the Customer undertakes to bear the all related additional costs and to inform INTER TAP of the change in writing or by e-mail sent to the address: bok@inter-tap.pl
Deliveries are made in accordance with EX Work Incoterms 2020 (unless otherwise agreed with particular Customer).
The costs of shipping Products shall be borne by Customers in accordance with the offer. In the case of foreign shipments, Customers shall also bear public levies (in particular customs duties – if applicable).
Order completion date is an estimate and means the date of shipment of Products by INTER TAP via the carrier/courier. INTER TAP is not responsible for any delays in fulfilment of orders by couriers or carriers.
INTER TAP shall not be liable for any late delivery and/or a delay in delivery shall not constitute grounds for any claim regarding the Products or for cancellation of any Order/termination of any Agreement.
INTER TAP shall not be liable for delays in delivery of Products resulting from force majeure or other circumstances which could not have been objectively foreseen at the time the Agreement was concluded (e.g. strikes, energy shortages, disasters, actions of state authorities).
If any Customer fails to collect the Products on the agreed delivery date, and unless otherwise agreed by the Parties, the Customer shall bear the cost of storage of the Products by INTER TAP, of 123 PLN gross for each commenced day, and such storage shall take place outside the premises of INTER TAP at the Customer’s risk. In addition to the above, INTER TAP shall retain all rights under applicable law, including the right to withdraw from the Agreement.

art. 5. Warranty and “rękojmia” statutory warranty for consumers

INTER TAP provides each Customer with a warranty for quality of the Products covered by the Agreement, for a period of 24 months from the date of delivery.
The warranty covers only defects in the Products arising during normal use of the Products.
The warranty does not cover any damage caused by Customers or third parties during use, or damage resulting from improper use or maintenance of the Products.
The warranty shall lapse if the Customer fails to carry out the recommended maintenance of the Products in accordance with the technical sheets of the Products. Product technical sheets are posted on the website at: www.hurtownia-tapicerska.pl . By paying the price for the ordered Products, the Customer declares that they have read the technical data sheet of the purchased Product and accept it in its entirety.
If a defect is found, the Customer is obliged to notify INTER TAP of the above within 5 days of such discovery by sending a claim to INTER TAP by mail or to the following e-mail address: bok@inter-tap.pl Such notification must include a description of the reported defect and photographs of the defective Products.
The Customer is obliged to allow INTER TAP to inspect the Products by making them available on site or by delivering the Products to INTER TAP’s premises at INTER TAP’s request.
Upon receipt of a claim, INTER TAP will contact the Customer within 7 working days to arrange a place and date for inspection of the Products.
If it is found that INTER TAP is responsible for the defects, INTER TAP shall, within 14 working days from receiving the claim or, if necessary, from inspecting the Product, repair the Product or (if the repair proves impossible or uneconomic) replace the Product with a new one – free from defects. Repairing the Product or replacing it with a new one does not extend the warranty period. In more complex cases, especially those connected with the necessity to carry out an expert examination of the Products, the time for claim processing may be prolonged, of which INTER TAP will notify the Customer.
INTER TAP will respond to each claim in the same way as the claim was received by INTER TAP.
If any claim shall prove unjustified, INTER TAP shall not be liable for the costs of delivering the Products as part of the Customer’s exercising of the warranty claims.
The Parties exclude INTER TAP’s liability for Product warranty – with regard to Products purchased by Customers who are not Consumers.
The Parties exclude INTER TAP’s liability for indirect damage related to the defectiveness of the Products, including liability for the Customer’s lost profits. INTER TAP’s total liability (irrespective of legal basis) is limited to the value of the Products specified in the Agreement.

art. 6. Withdrawal from the Agreement (only applicable to consumers)

Each Consumer purchasing Products from INTER TAP at a distance or off-premises, has the right to withdraw from the agreement concluded with INTER TAP, without providing a reason.
The withdrawal period shall expire after 14 days from the day on which the Consumer has taken possession of the Product or on which a third party other than the carrier and indicated by the Consumer has taken possession of the Product.
In order to exercise the right to withdraw from the agreement, the Consumer is obliged to inform INTER TAP of their decision to withdraw from this agreement by explicit statement (for example, by a letter sent by post or e-mail to the postal or electronic address indicated in the Definitions of the Regulations).
In order to comply with the withdrawal period, it is sufficient for such Consumer to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.
In the event of withdrawal from this agreement, INTER TAP shall reimburse all payments received from the Consumer, including the costs of delivering the Product to the Consumer (with the exception of any additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by INTER TAP), immediately and in any case no later than 14 days from the day INTER TAP was informed of the Consumer’s decision to exercise the right to withdraw from the agreement.
The Consumer is obliged to indicate in their withdrawal statement how INTER TAP is to reimburse the amount paid for the Product. In any case, the Consumer will not incur any charges in connection with such return, except for the cost of shipping the Product back to INTER TAP.
INTER TAP may withhold reimbursement until it has received the Product or until INTER TAP is provided with a proof of return, whichever occurs first. The Product is returned to the INTER TAP address indicated in the Definitions of the Regulations.
Consumers shall be liable for any diminution in the value of the Product resulting from the use of the Product in a manner other than necessary to establish the nature, characteristics and functions of the Product.
The right to withdraw from the Agreement does not apply to Consumers when the subject of performance is a non-prefabricated product, produced to Consumer’s specifications or intended to meet the Consumer’s individual needs.

art. 7. Data protection

INTER TAP is the controller of Customers’ personal data. Each time, an agreement is the basis for processing each Customer’s personal data in connection with fulfilment of their order. If the data are used for marketing purposes, a separate consent is required for such data processing. Data will not be shared.
Each Customer’s personal data will be processed solely for the purpose of fulfilling the Agreement, for the purpose of direct marketing of products offered by INTER TAP and for the purpose of asserting claims.
INTER TAP informs each Customer of their rights of access to the content of their data and the right to rectify, delete, restrict processing, the right to object, the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of such consent before its withdrawal. Each customer has the right to lodge a complaint with the Office for Personal Data Protection in the event of a breach of the General Data Protection Regulation of 27 April 2016. Provision of personal data by each Customer in the case of conclusion of an agreement is mandatory, in the case of processing for marketing purposes – it is voluntary.

art. 8. Final provisions

The Polish court of common law with jurisdiction over the registered office of INTER TAP is the competent court for disputes related to the GTS. The foregoing shall be without prejudice to the generally applicable provisions of law determining the jurisdiction of the court for Consumer claimants.
In matters not regulated in the GTS, the provisions of the Civil Code and other applicable provisions of Polish law shall apply. If a Customer is a foreign entity, the provisions of Polish law, in particular the Civil Code, shall apply to matters not covered by this agreement.
If a Customer is a foreign entity, the Parties also exclude application to the agreement of the United Nations Convention on Agreements for the International Sale of Goods, drawn up at Vienna on 11 April 1980, and the Convention on the Limitation Period in the International Sale of Goods, drawn up at New York on 14 June 1974.
Any disputes arising from the agreement shall be settled by the competent Polish court of common law in accordance with Polish procedural standards.
If the GTS are drawn up in Polish and other language versions, the Polish language version shall prevail in the event of a dispute.
INTER TAP has the right to amend the GTS. Each Customer is subject to GTS version valid on the date of conclusion of the Agreement.
The GTS enter into force on 2024.06.01.