EPS Poland - General Terms of Cooperation

Company details: EPS Poland Sp. z o.o., ul. Jabłoniowa 20/510, 80-175 Gdańsk, Tax ID (NIP): 5833064251, REGON: 220765198, KRS: 0000327435, e-mail: biuro@epspoland.pl, tel.: +48 58 354 84 79

1. Definitions

• Client – a natural person conducting business activity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity.
• Offer – commercial information sent via e-mail containing the price, costs, delivery terms, and lead time for the purchase of specific Goods, sent to the Client in response to their inquiry.
• Civil Code – the Act of April 23, 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
• GTC – these General Terms and Conditions of cooperation.
• EPS POLAND – EPS POLAND Sp. z o.o., ul. Jabłoniowa 20/510, 80-175 Gdańsk, NIP 583-306-42-51, District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register (KRS) 0000327435, Share capital: 180,000.00 PLN, fully paid up.
• Website – the website managed by EPS POLAND at www.epspoland.pl, providing information about products and their general technical data.
• Goods – items made available on the Website that are the subject of the sales agreement.
• Order – an offer submitted by the Client to EPS Poland via e-mail, constituting a declaration of will to conclude a sales agreement.

2. General Information

2.1 These Regulations define the rules for purchasing Goods presented on the Website.

2.2 The Regulations are available free of charge on the Website in a form that allows downloading, saving, and printing.

2.3 The Regulations are an integral part of the sales agreement. Conclusion of such agreements implies acceptance of the Regulations.

2.4 Sales are conducted exclusively to entrepreneurs within the meaning of Art. 43¹ of the Civil Code (natural persons, legal entities, and organizational units without legal personality to which the law grants legal capacity, conducting economic or professional activity in their own name). Sales are not made to consumers within the meaning of Art. 22¹ of the Civil Code; this also applies to natural persons conducting business activity making a purchase related to such activity, but where the purchase is not of a professional nature.

2.5 With reference to point 2.4, the 14-day right of withdrawal from the contract is excluded.

2.6 Information on the Website does not constitute an offer within the meaning of the Civil Code and is for informational purposes only, intended to facilitate the placement of an Order.

3. Rules of Purchase

3.1 After reviewing the characteristics of the Goods on the Website, the Client submits an inquiry via e-mail, indicating all relevant facts such as: desired features, quantities, expected lead time, and place of delivery or method of collection. Before using the Website or placing an Order, the Client is obliged to read the Regulations. Placing an order requires acceptance of the Regulations.

3.2 In response to the e-mail, EPS Poland presents a commercial offer, including the lead time, payment terms, and these GTC.

3.3 The presentation of a purchase offer is free of charge.

3.4 When deciding to purchase, the Client replies to the offer e-mail by sending their own order with terms identical to the offer.

3.5 By sending an Order, the Client voluntarily provides their data required for order fulfillment.

3.6 Sending an Order by the Client constitutes acceptance of the GTC.

3.7 By sending an order, the Client voluntarily undertakes to:

• a) provide all necessary, true, and up-to-date data required to place an Order;
• b) promptly update data, including personal data provided for the Order;
• c) make timely payments for the Goods and timely collect the purchased Goods.

3.8 Content available on the Website is for illustrative and informational purposes only. The Client should not rely solely on this content.

3.9 EPS Poland confirms the receipt of the Order via e-mail sent in response to the Client's order, attaching a Proforma Invoice with Goods details and payment instructions.

3.10 Placement of an Order by the Client as described above and its confirmation by EPS Poland is equivalent to the conclusion of a sales agreement.

3.11 The invoice is sent to the National e-Invoice System (KSeF); at the Client's request, EPS Poland may send the invoice via e-mail.

4. Payment Terms and Methods

4.1 The Client may pay for the Order by choosing one of the available payment methods:

• a) bank transfer to the EPS Poland account before collecting the Goods;
• b) fast online transfer, BLIK, or payment card via the imoje system (operated by ING Bank Śląski S.A.).
• c) transactions will be processed via payment links.

4.2 A condition for the delivery or release of the Goods is the payment of the full purchase price including any delivery costs.

4.3 Prices of goods and delivery costs are determined individually and sent in an individual Offer. Value Added Tax (VAT) at the rate applicable on the date of the invoice will be added to the prices.

4.4 If the EPS Poland bank account is not credited within 3 days of order confirmation, EPS Poland may cancel the Order and withdraw from the sales agreement. In such case, any later payments will be refunded within 14 days to the original bank account.

4.5 Information regarding the delivery of the purchased Goods is sent to the Client via e-mail.

5. Delivery

5.1 Delivery of Goods is carried out within the territory of the Republic of Poland.

5.2 Costs of delivery and collection, as well as associated risks, are borne by the Client. In the case of delivery, the moment of release is when EPS Poland hands over the Goods to the carrier or forwarder. At this moment, the risk of accidental loss or damage to the Goods passes to the Client. Delivery costs depend on the type of Goods, weight, volume, and transport security requirements.

5.3 Delivery methods are specified in the Offer.

5.4 Available delivery methods may depend on the Goods included in the Order.

5.5 EPS Poland also allows for the collection of Goods from the EPS Poland warehouse.

5.6 In the case of self-collection, the Client should inform EPS Poland via e-mail who will perform the collection on their behalf.

5.7 If the Client delays collection for more than 7 days, EPS Poland may withdraw from the sales agreement.

6. Statutory Warranty for Defects. Warranty. Complaints.

6.1 EPS Poland's statutory warranty for defects (rękojmia) or non-conformity of the Goods with the contract is excluded. Placement of an Order by a Client who is a natural person conducting business activity is equivalent to a waiver of rights resulting from the Act of 30 May 2014 on Consumer Rights.

6.2 The Client may be entitled to rights under the manufacturer's warranty, if such a warranty has been granted.

6.3 The quality of the Goods is defined in their specification. It is the Client's responsibility as a professional entity to check whether the Goods are suitable for the Client's intended purposes.

6.4 Information provided by EPS Poland regarding the suitability, application, and processing of the Goods is provided to the best of EPS Poland's knowledge and does not exempt the Client from the obligations mentioned in point 6.3. Use and processing of the Goods take place outside of EPS Poland's control. EPS Poland is not responsible for these activities or their consequences.

6.5 Liability under the warranty is excluded if the Client does not use the Goods in accordance with the instructions or documentation provided (including technical documentation).

6.6 Deviations in weight, dimensions, and other technical values of the Goods that do not affect their intended use are permissible and do not entitle the Client to file a complaint.

6.7 A warranty claim (complaint) must be submitted via e-mail to: biuro@epspoland.pl. The claim must include:

• a) EPS Poland invoice number;
• b) name and number of the Goods;
• c) quantity of the complained Goods;
• d) description and date of defect discovery;
• e) a photograph of the complained Goods.

6.8 The Client shall deliver the Goods subject to the complaint to EPS Poland at their own expense.

6.9 In the case of a complaint regarding quality defects, the burden of proving the type and existence of the defect lies with the Client.

6.10 Complaints regarding quality defects will be considered by EPS Poland within 14 days of submission, unless it is not possible within this period. In such case, EPS Poland will inform the Client of the new deadline via e-mail.

6.11 EPS Poland's liability under the warranty is limited solely to the obligation to replace the defective Goods or their individual components with ones free from defects.

6.12 If the complained Goods have been installed or combined with another item, all costs related to disassembly, disconnection, and subsequent re-installation shall be borne by the Client.

6.13 Costs of Goods inspection shall be borne by the Client.

8. Personal Data

8.1 EPS Poland is the controller of the personal data of the Client (if a natural person), representatives of legal persons, and organizational units within the meaning of Regulation (EU) 2016/679 (GDPR).

8.2 The processing of personal data takes place in accordance with the rules set out in the Privacy Policy.

9. Final Provisions

9.1 EPS Poland reserves the right to change the Regulations without stating a reason.

9.2 All questions, opinions, and requests regarding the Website should be directed to: biuro@epspoland.pl.

9.3 In matters not regulated by the Regulations, the provisions of Polish law shall apply, in particular the Civil Code and the Act on the Provision of Electronic Services.

9.4 Any disputes arising from the conclusion or performance of the sales agreement shall be resolved by the court having jurisdiction over the registered office of EPS Poland.