General Terms of Cooperation
1. Preliminary conditions.
1.1. All offers, orders and deliveries are carried out by Sandex Sp.j under the applicable provisions of Polish law.
1.2 The conditions indicated by the Ordering Party in its orders and / or terms of purchase will be implemented only if they are accepted by Sandex Sp.j. in writing.
2. Invitation to negotiate, offers and orders
2.1. The catalogue (price list) posted on the company’s website by Sandex Sp.j[registered partnership] is an invitation to negotiations within the meaning of the provisions of the Civil Code, to which the following conditions apply. The contract is concluded by submitting a written order and after confirming the acceptance of the order by Sandex Sp.j in writing.
2.2. The conditions proposed in the Catalogue (price list) are valid until the new Catalogue (price list) is published, while Sandex Sp.j reserves the right to introduce changes and modifications to the price list and / or catalogue on its website (internet).
2.3. Orders are accepted only in writing, with the NIP number, exact address, fax and telephone number as well as the name or surnames of the persons conducting the order on the part of the Ordering Party. The order should also contain a company seal and a legible signature of the person representing the Ordering Party.
2.4. The person signing the order must be authorised to incur obligations in the name and on behalf of the Ordering Party. If the person signing the order is not authorised to represent the Ordering Party in accordance with the registration documents (extract from the National Court Register or Certificate of Entry into the Business Activity Register), he is obliged to send a separate authorisation to the Ordering Party, signed by the person authorised to represent the Ordering Party.
2.5. Companies placing orders for the first time are required to send up-to-date validating documents (NIP, REGON, extract from the National Court Register or Certificate of Entry into the Business Activity Register).
2.6. The order should specify and / or describe the ordered goods in detail, in particular, the symbol of the ordered goods should be indicated.
2.7. Sandex Sp.j reserves the right to refuse accepting an order if it is not actually possible to fulfil it due to the lack of assortment at the supplier.
2.8. The goods purchased by the Ordering Party remain the property of Sandex Sp.j until the payment for the goods is fully settled.
2.9. The arrears in payments of the Ordering Party to the benefit of Sandex Sp.j authorise Sandex Sp.j to refuse to accept another order, and in exceptional cases to suspend the execution of orders in progress until the amount in arrears is paid.
2.10. By placing an order, the Ordering Party accepts the provisions of the “General Terms and Conditions of Cooperation with Sandex Sp.j”, unless otherwise agreed in writing.
3.1. The prices of goods expressed in the Catalogue (price list) are determined ex-works by Sandex Sp.j in Lomianki and do not include the tax on goods and services (VAT) in the amount due, in accordance with applicable law.
3.2. Catalogue prices do not include:
- printing costs, – embossing, – engraving, – preparation costs, – packaging and shipping costs.
3.3. The prices published on the website (www.theonegroup.pl) must be confirmed by Sandex Sp.j in a written confirmation of the order.
4. Order cancellation.
4.1. Sandex Sp.j accepts the Customer’s resignation from the ordered goods, if the written resignation is delivered to Sandex Sp.j at least 14 days before the planned date of delivery of the ordered goods, provided that the Ordering Party returns all costs incurred by Sandex Sp.j in the execution of the order.
4.2. The exception is when the ordered goods have been manufactured or materials for their production have been purchased, then the resignation has no legal effect.
5.1. Sandex Sp.j reserves the right to add packaging costs to the shipping costs of the ordered goods. The value of packaging and shipping costs will be specified in the written order confirmation.
5.2. The goods are sold only in minimum packaging and their multiples.
6.1. Deliveries are made from the warehouse of Sandex Sp.j located in Łomianki. The ordered goods are picked up by the Ordering Party’s own transport, or at the request of the Ordering Party, the goods are shipped via transport or courier companies, where the minimum net value of a particular shipment may not be lower than PLN 500.00.
6.2. In the case of an order with a value higher than PLN 10,000.00 net, the shipping cost is covered by Sandex Sp.j.
6.3. Sandex Sp.j reserves the right to deliver +/- 5% of the ordered quantity of goods, as well as the possibility of partial deliveries, unless the requirement for a complete delivery results clearly from the content of the order or contract.
6.4. In the case of orders inconsistent with the minimum quantities of goods in the package, Sandex sp.j [registered partnership] reserves the right to adjust the ordered quantities to the minimum quantities of goods in the package and to issue relevant invoices taking into account the quantity of goods actually shipped.
6.5. Sandex Sp.j is responsible for completed orders only up to the value of the order.
6.6. Sandex Sp.j reserves the right to postpone the order fulfilment or suspend the execution of subsequent orders placed by the Ordering Party in the event of unpaid payments for earlier deliveries, until the receivables due to Sandex Sp.j are fully settled.
6.7. When accepting goods from a transport or courier company, the Ordering Party is obliged to check the condition of the delivered packages. In the event that the packaging is broken or the goods have been damaged in transit, this fact should be noted on the waybill or other appropriate document signed in the presence of a representative of the transport or courier company and the Ordering Party shall immediately notify Sandex Sp.j of this fact.
6.8. The date of delivery of the ordered goods presented orally as part of the negotiations by Sandex sp.j [registered partnership] is only an approximate date and should not be treated as a final date. The deadline is the date contained in the written confirmation of acceptance of the order for execution.
7.1. Unless agreed otherwise, the payment of the price of ordered goods shall be made no later than on the day of receipt of the goods in the manner indicated in the invoice.
7.2. The execution of orders with printing, embossing or engraving Sandex Sp.j[registered partnership] may depend on the payment of an advance payment in the agreed amount, calculated on the value of the ordered goods.
7.3. In the event of exceeding the payment deadline, Sandex sp.j [registered partnership] has the right to charge interest for the delay and charge the Ordering Party with the possible costs of admonitions.
8.1. It is the responsibility of the Ordering Party to check whether the delivered goods comply with the written confirmation of the order.
8.2. In the event of non-compliance, the Ordering Party should immediately inform TSandex Sp.j of this in writing, such notification may not be sent later than 7 days from the date of receipt of the ordered goods.
8.3. In the event of non-compliance of the delivery with the written confirmation of the order, Sandex Sp.j is obliged to supplement the deficiencies, repair or replace the defective goods.
8.4. Sandex Sp.j reserves the right not to accept a complaint for printed, embossed, engraved, etc. articles, if the service of printing, embossing, engraving was not performed by Sandex Sp.j
8.5. TSandex Sp.jshall not be liable for the difference between the colours of the goods in the Catalogue (price list) and the actual colour of the goods being the subject of the order, as well as for slight differences in hues within the ordered goods.
8.6. Upon resale of the ordered goods by the Ordering Party, Sandex Sp.j is released from liability for errors in delivery and defects of goods (not applicable to hidden defects).
8.6. Sandex Sp.j will not accept claims regarding compensation for damages resulting from the delay in collecting the goods, inability to perform the delivery, failures in the performance of contractual and legal obligations and the occurrence of fault in concluding the contract, unless the damage was caused by intentional activity of Sandex Sp.j.
9. Sale of printed items.
9.1. Sandex Sp.j company does not print on entrusted goods.
9.2. The colours of the prints in the PANTONE scale are determined in order to achieve the closest possible colour in the PANTONE scale.
9.3. The price of printing does not include the costs of disassembly / assembly of some goods (e.g. wall clocks)
9.4. Materials for printing should be sent in graphic files, in a vector form, Illustrator or Corel, version up to X5 (fonts converted to curves, colour description according to Pantone scale).
9.5. Additional work on the materials sent (logo processing, introducing changes, etc.) will be priced individually according to the hourly rate where 1h = € 25/net.
9.6. Goods marked with the “0” print group require individual analysis and printing calculation, or choosing another alternative solution if printing is not possible due to technological reasons.
9.7. Before starting the production, the Ordering Party will accept the print design with visualisation and, in justified cases, production samples. Production samples made at the request of the Ordering Party can be made against payment.
9.8. Dates for the execution of orders for printed articles require confirmation in a written confirmation of the order acceptance.
9.9. All materials needed to prepare and start production and execute the order, such as: films, screens and matrices remain the property of Sandex Sp.j
10. Contractual right of withdrawal.
10.1. TSandex Sp.j has the right, in justified cases, to withdraw, in whole or in part, from the performance of the confirmed order acceptance in writing, no later than 30 days from the date on which this confirmation took place. The Ordering Party shall not be entitled to any claims for damages due to the withdrawal from the performance of the order confirmed in writing. This does not apply to the return of the advance payment made by the Ordering Party, pursuant to the provisions of Art. 7.2. above.
10.2. In the event of the Ordering Party’s refusal to collect the ordered goods within the time specified in the written confirmation of the order acceptance or another agreed date, The Sandex Sp.j is entitled to claim from the Ordering Party a contractual penalty which is the gross equivalent of the ordered goods, and the Ordering Party undertakes to pay this contractual penalty. The payment of the contractual penalty does not deprive Sandex Sp.j of the right to claim supplementary compensation on general principles up to the amount of the actually suffered damage.
11. Partial execution of the order.
11.1. The order is executed by delivering the goods ordered by the Ordering Party. Sandex Sp.j reserves the right to partially execute the order or execute the order in parts, unless the requirement for a complete delivery results clearly from the content of the order or contract.
11.2. In the event of non-performance of the order by Sandex Sp.j the Ordering Party shall be entitled to a refund of the advance payment, and in the event of partial non-performance of the order by Sandex Sp.j, the Ordering Party shall be entitled to reimbursement of the advance payment in the appropriate part, provided that the amount of the advance payment exceeds the value of the completed part of the order.. For this reason, the Ordering Party shall not be entitled to any further claims for damages against Sandex Sp.j.
11.3. In the event of partial performance of the order or contract, or performance of the order or contract in parts, the Ordering Party is obliged to pay for each part of the order or contract.
12. Limitation of Liability.
12.1. Sandex Sp.j shall not be liable for any damage resulting from force majeure, the action of which, in consequence, will lead to non-performance or improper performance of the order. In particular, Sandex Sp.j shall not be liable for damages resulting from failure to meet the deadline for order completion or for damages resulting from the occurrence of a difference between the colours of the goods indicated in the Catalogue (price list) and the colours of the goods being the subject of the order.
12.2. The risk of accidental loss or damage to the ordered goods passes to the Ordering Party upon their release to the Ordering Party or their release to the entity providing transport or courier services indicated by the Ordering Party.
Liability under the warranty.
Sandex Sp.j [registered partnership] is not liable under the warranty for defects in the ordered goods.
13.2. The exclusion of liability under the warranty is ineffective if Sandex Sp.j has fraudulently concealed a defect in the goods.
13.3. Sandex Sp.j shall not be liable for any damage resulting from any defect.
14.1. The Ordering Party agrees to use the goods made by Sandex Sp.j in advertising materials, the website www.theonegroup.pl, as part of the exhibition at trade fairs and as samples of the technical capabilities of Sandex Sp.j as regards the quality of marking.
14.2. Sandex Sp.j has the right to include in its advertising materials information about the performance of the service for the Ordering Party, unless the signed contracts provide otherwise.
14.3. The Ordering Party declares that it has acquired and holds proprietary copyrights and related rights to all content (trademarks) in the area and fields of use which, in accordance with the law, allow their placement on the goods in the manner specified in the order or contract, and that they are free of any legal defects and do not infringe the rights of third parties and do not constitute an act of unfair competition. The Ordering Party shall be fully liable for damages (in the event of any claims against Sandex Sp.j by third parties in relation to the goods, the Ordering Party undertakes to satisfy these claims directly, or to return the equivalent to Sandex Sp.j amounts and or other services that Sandex sp.j [registered partnership] had to meet in order to satisfy third parties; the Ordering Party is also responsible for the costs of the process incurred by Sandex Sp.j).
14.4. The Ordering Party hereby authorises Sandex sp.j [registered partnership] to exercise the proprietary copyrights and related rights referred to in subparagraph 14.3. above, to the full extent that they are entitled to these rights, only for the purposes of the order or contract.
14.4. All designs of goods prepared and developed by Sandex Sp.j belong to Sandex Sp.j and may not be copied or reproduced, nor may they be transferred to other subcontractors without the written consent of Sandex Sp.j .
15. Dispute resolution.
15.1. In the event of any disputes between the Parties and any discrepancies or claims, the Parties undertake to cooperate in order to settle them amicably by agreement.
15.2. In the absence of said agreement, disputes will be settled by the court competent for the seat of Sandex Sp.j
16. Final Provisions.
16.1. Any changes relating to the above conditions shall be made in writing and accepted by both Parties, otherwise null and void.
16.2. In matters not covered by the above arrangements, the provisions of the Civil Code shall apply.
16.3. The person placing the order at the seat or by e-mail of Sandex Sp.j
accepts the above arrangements (unless agreed otherwise).
Sandex M.Szandecki, J.Szandecka Sp.j
ul.Majowa 6, 05-094 Łomianki
Sales office: ul. Kaktusowa 1B, 05-092 Łomianki
Tax Identification Number: PL1180202839, Regon No.: 011939125
tel.: +48 22 888 92 92 , e-mail: email@example.com