§ 1.1
The General Sales Conditions, hereinafter referred to as GSC, define the principles of cooperation between the parties in terms of delivery of goods and provision of services offered by PERFECT CARDS Marta Pszczoła, hereinafter referred to as PERFECT CARDS, to the Buyer.
§ 1.2
A Buyer within the meaning of these GSC is an entrepreneur i.e. a legal entity, an organizational unit without legal personality, and a natural person conducting business activity based on an entry into the business activity register, conducting business or professional activity in their own name. This means that these GSC do not apply to contracts concluded with contractors; such contracts will be negotiated individually.
§ 1.3
The GSC define the principles of concluding Sales Agreements by PERFECT CARDS and are an integral part of all Sales Agreements concluded by PERFECT CARDS and the Buyer (Parties of the agreement).
§ 1.4
The GSC bind the Buyer from the moment of their delivery (in paper or electronically) before concluding the Agreement/Order or from the moment when the Buyer is provided easy access to their content. The General Conditions are posted by PERFECT CARDS on the website at www.perfect-cards.com.
§ 1.5
An Agreement concluded with the Buyer may contain provisions different from those resulting from the GSC. In such a case, the Parties will be bound by the provisions of the Agreement concerning these different provisions.
§1.6
In case of a conflict between the GSC and the regulations or contract templates used by the Buyer, the Agreement does not include those provisions that are in conflict with each other.
§1.7
In the case mentioned in point 1.6, the Parties are obliged to inform each other immediately about the use of regulations and templates and about the existing conflicts between them. The Parties have the right to refuse to conclude an Agreement if they do not come to an agreement on the scope of the GSC application in due time.
§1.8
If the Parties have entered into another agreement related to the regulation of sales or distribution of Goods, in the event of a conflict between the provisions of the agreement and the GSC, the provisions of that agreement apply.
§2.1
Orders from PERFECT CARDS are executed based on individual orders, following FEFCO and ECMA standards, which require detailed descriptive documentation. Projects are also executed based on drawings or patterns provided by the client. The Buyer places an order in the manner specified in these Sale Terms §2.5 based on an offer from PERFECT CARDS sent in written form, electronically or by fax.
§2.2
The request for a quote should include: a preliminary product specification – containing internal dimensions in the order Length x Width x Height (LxBxH), FEFCO or ECMA construction number or an individual drawing or physical pattern, material specification, type of printing, finishing, and print run.
§2.3
The offer will include at least: a) a preliminary product specification – as mentioned above, b) a net price in Euros, c) payment terms, including payment deadline, d) an estimated delivery date.
§2.4
The price proposed in the offer is valid according to the date on the offer, or if no date is specified – 1 month. Euro offers are valid until the Euro exchange rate changes by +/-5% from the day the offer was issued. The rate is determined by the average National Bank of Poland rate on the day the order is sent by the client.
§2.5
During the offer binding period, the Buyer can accept the offer at any time by placing an order for the products covered by the offer.
§2.6
The Buyer’s order should include:
the recipient’s name, the name of the person placing the order, date, signature, and stamp,
reference to the offer or existing technology with the current price,
a specification of the ordered products, according to the markings in the offer,
a required delivery date not shorter than the estimated date indicated in the offer,
delivery location,
name and surname of the person authorized to receive the delivery.
Orders must be placed electronically.
§2.7
Orders with changes or additions to the offer will not be considered an acceptance but a new offer as per the Civil Code. In this case, the existing offer from PERFECT CARDS is invalidated.
Orders placed after 12:00 PM will be treated as orders from the next business day.
Print projects prepared by PERFECT CARDS must be approved by the client. Once accepted, we are not responsible for their content.
The Buyer is solely responsible for the ordered products, goods, or services in terms of their legality, especially the infringement of third-party rights (copyright, property, personal rights, trademarks, etc.).
Graphic projects received are archived no longer than 2 years, provided that the print order frequency is at least once every six months. “One-time print” projects are archived for no longer than six months.
Die-cuts are stored until they wear out, but no longer than two years from the last use.
The color visualization of electronic projects largely depends on monitor calibration; hence the final paper print must be based on a proof or acceptance of printing at the machine. a) PERFECT CARDS can, at the Buyer’s request, produce a paid sample print on an offset machine using plates in a quantity of 10 sheets plus shipping costs.
§2.8
A contract between the Parties is concluded under the terms specified in the PERFECT CARDS order confirmation and resulting from the Sale Terms. The contract is concluded when the offer is accepted without reservations. Changes and additions to the contract require a written form to be valid. All offer and project documentation is the property of PERFECT CARDS and cannot be duplicated or disclosed to third parties without PERFECT CARDS written consent, under penalty of legal consequences, including those determined by the Act on Counteracting Unfair Competition.
§2.9
The delivery time set by PERFECT CARDS in the order confirmation may be extended in case of circumstances for which KARTON-PAK is not responsible, especially force majeure.
§2.10
If the Buyer resigns from the placed order, they will be obligated to refund all documented costs that the Supplier incurred in connection with the order and also to pay a contractual penalty of 10% of the order value from which the Buyer withdrew.
§2.11
Proof of delivery (“Proof of Delivery”) will be a VAT invoice.
§2.12
If the client does not collect the goods, the storage cost is 1 EUR net/day for one pallet space. Storage costs are charged after 30 days from notifying the client about the readiness of the goods for collection or issuing an invoice.
§3.1
Invoices and corrective invoices will be sent electronically or delivered with the goods to the address indicated in the sales contract.
The Buyer has the right to change the delivery address after prior written notification to the Supplier.
Each invoice must comply with applicable regulations and, in addition, will contain the Buyer’s order number.
The Buyer authorizes the Supplier to issue a VAT invoice without his signature.
In the event of the Buyer’s bankruptcy being declared by anyone, initiating proceedings against him, initiating a bank settlement proceeding or initiating enforcement proceedings against the Buyer by other creditors, the Buyer is obliged to immediately report the reservation of ownership of the unpaid goods to the competent authorities conducting the proceedings and return the goods to the Supplier.
PRICE AND PAYMENT
§4.1
Offers include only net prices in a given currency, therefore they do not include VAT.
§4.2
PERFECT CARDS employees are obliged to maintain official secrecy. The Buyer has the right to receive free samples of packaging and other PERFECT CARDS products, provided that PERFECT CARDS has the appropriate material at the time, and the model is made on a plotter without print. Samples and models with print as well as individual construction and graphics projects are payable according to individual valuation.
§4.4
If the proforma invoice (partial or full payment) is not paid within 7 days, the order is canceled.
§4.5
Unless otherwise stated, all payments will be made by bank transfer to the PERFECT CARDS bank account indicated on the document, from which the payment obligation arises.
§4.6
The Buyer is obliged to make all payments to PERFECT CARDS on time. For each day of delay in payment, PERFECT CARDS has the right to charge statutory interest.
§4.7
PERFECT CARDS reserves the right not to commence the Sales Agreement and release of goods or provision of service if the required payment is not made.
§4.8
PERFECT CARDS has the right to suspend the execution of all or some of the Agreements concluded with a given Buyer, as well as to suspend the acceptance of the Buyer’s new orders, in case of any overdue payments of payable invoices.
§4.9
The date of receipt of payment is considered the day when the funds are credited to the PERFECT CARDS bank account.
§ 5.1The risk of accidental loss or damage to the goods passes to the Buyer upon delivery of the goods to the Buyer. If the goods are to be shipped by PERFECT CARDS to a place indicated by the Buyer, delivery will be made at the time of handing over the goods to the customer by the carrier.
§ 5.2
If the receipt of the goods is delayed due to reasons for which the Buyer is responsible, the risk of accidental loss or damage to the goods passes to the Buyer the day after the agreed receipt date. If the Buyer has delayed in collecting the goods, PERFECT CARDS can store the goods at the Buyer’s expense and risk.
§ 5.3
In case of sending the Goods to the destination via a carrier, the Buyer is obliged to immediately inspect the shipment for defects, shortages, and other damages in the manner accepted for shipments of this kind. If the Buyer finds that there has been a loss or damage to the Goods during transport, he is obliged to take all actions necessary to determine the carrier’s liability. He is also obliged to notify PERFECT CARDS in such a case, no later than the next business day after the delivery day, under penalty of losing compensation claims against PERFECT CARDS for this reason.
§ 6.1
1/ Recommendations for product handling
– condition for recognizing the complaint.
– Transport and store the product in a manner that does not expose it to mechanical damage, contamination, and moisture.
– The product should be stored on pallets in roofed areas at a humidity of 45-60% and a temperature of 10-35°C. Storing cardboard products under these conditions ensures optimal packaging strength and avoids cardboard cracking when bending the flaps at angles greater than 110 degrees.
Do not allow sudden changes in temperature and humidity. Protect from moisture and direct sunlight. Before using the product, it should be acclimatized in conditions similar to its subsequent use.
2/ Technical parameters and tolerances tolerance of packaging dimensions without die-cut +/- 3mm
tolerance of packaging dimensions with die-cut +/- 0.1mm
tolerance of glued packaging dimensions at the gluing point +/- 3mm
weight tolerance +/- 5.0%
ECT tolerance +/- 10%
flexographic print tolerance +/- 3mm
tolerance in quantities:
up to 500 units 50%
501-1000 units 20%
1001-5000 units 15%
over 5000 units 10%
§ 6.2
– The Buyer is obliged to inspect the goods upon delivery.
– Complaints related to the quality and quantity of the delivered goods or damages incurred during transport will be considered if these deficiencies and damages are reported upon unloading and entered into the delivery document, and this fact is confirmed by the Supplier’s representative. This complaint, in written form, must be sent to the supplier within 3 days from the date of delivery. The absence of the above entry or failure to meet the reporting deadline makes it impossible to consider quantity and quality complaints or damages incurred during transport. The above complaint procedure applies to deliveries organized at the supplier’s expense.
– In the case of collection by own means of transport, complaints regarding quantity and quality will not be considered after the receipt of goods.
– Loading goods with forklifts or via a loading ramp is carried out only on vehicles adapted for this purpose. Loading with forklifts or via a ramp onto other types of vehicles is allowed only at the request and responsibility of the Buyer or the carrier.
– Quality complaints regarding defects that arose after the delivery date, but which were due to a cause inherent in the goods before that date, are available to the Buyer provided that a complaint protocol is submitted to the supplier within 7 days from the date of defect detection. These rights expire after the above-mentioned deadline.
– In the case of delivery by a transport company (courier, etc.), the Buyer, before receiving the shipment, is obliged to make sure that it has not been damaged or destroyed during transport. If any damages or destruction are found, the Buyer is obliged to draw up a transport company’s complaint protocol and immediately notify the Supplier of the event, under the penalty of losing the right to file a complaint regarding damages or destruction.
– Complaints will be considered by the Supplier within 14 working days from the day of receiving the complaint protocol or reporting defects or deficiencies. Within this period, the Supplier is obliged to deliver to the Buyer a notification of the way the complaint has been resolved.
– Any quantity differences in pieces, delivered or defective compared to the quantity mentioned on the delivery note, in the amount of +/- 1% are systemically conditioned and will not be corrected by a correcting note, nor will the missing goods be delivered.
§ 8.1
Due to payment delays, the Buyer is obliged to pay statutory interest.
§ 9.1Neither Party will be liable for non-performance or improper performance of its obligations arising from the Sales Agreement caused by force majeure. By force majeure, the Parties understand an extraordinary event, independent of a given Party, unpredictable and impossible to prevent, even when avoiding it would require actions whose costs would exceed the possible benefits; in particular, force majeure cases are considered: war, natural disaster such as earthquake or flood, explosion, fire, strike, etc.
§ 9.2
The General Terms and Conditions (OWS) constitute an integral part of each sales agreement and apply to the extent not otherwise stipulated in the agreement. §9.3
In all cases of sales conducted by the Seller, these General Terms and Conditions (OWS) apply as of the date of placing the order. Any changes to the General Terms and Conditions (OWS) do not apply to contracts concluded earlier, i.e., before the amended General Terms and Conditions (OWS) come into effect.
§ 9.4
The governing law for the General Terms and Conditions (OWS) is Polish law. The contract texts and the General Terms and Conditions (OWS) in Polish are the original version. In matters not regulated by these General Terms and Conditions (OWS), the provisions of Polish law apply, in particular, the provisions of the Civil Code. The invalidity of individual provisions does not affect the validity of the remaining provisions.
§ 9.5
The competent court for settling any disputes will be the court competent for the registered office of PERFECT CARDS.
2023-09-12 Leszna Górna
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