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GENERAL TERMS AND CONDITIONS OF WHOLESALE OR WHOLESALE DELIVERY HYMON FOTOWOLTAIKA SP. Z O.O. IN TARNÓW, 29TH SEPTEMBER 2022

§1.

  1. The General Terms and Conditions of Wholesale, hereinafter referred to as the General Terms and Conditions or the GTC, constitute an integral part of the Wholesale or Wholesale Delivery Agreement concluded between Hymon Fotowoltaika Sp. z o.o. with its registered office in Tarnów, hereinafter referred to as the “Seller”, and the entrepreneur hereinafter referred to as the “Buyer”, with whom the Seller concludes the wholesale or wholesale delivery agreement, and hereinafter collectively referred to as the “Parties”.
  2. The condition for concluding the wholesale or wholesale delivery agreement is the submission of an appropriate Order by the Buyer together with an indication of the person authorised to collect the delivered goods.
  3. The placing of an order by the Buyer implies acceptance of the General Terms and Conditions.
  4. It is unacceptable for the Buyer to make any changes to these Terms and Conditions without the prior express consent of the Seller.
  5. The Seller is an entity professionally providing services covered by the Order and has the knowledge, qualifications and experience necessary to perform them, and ensures the proper performance of the subject matter of the agreement.

 

§2.

  1. The basis for the performance of each sales or delivery agreement will be individual Orders, from time to time containing information in the scope of, inter alia, the number of individual Goods to be shipped, delivery address, lead time and the amount of remuneration due. Each Order accepted by the Seller is tantamount to concluding an agreement.
  2. When placing an order, the Buyer simultaneously undertakes to collect the Goods to be released within 3 working days from the date of the Seller’s notification of readiness to release the Goods.
  3. The basis for determining the remuneration to be paid to the Seller shall be the prices specified in the price list valid on the day the order is placed.
  4. The Seller reserves the right to change the offer and the price list, which are the basis for mutual settlements.
  5. The Seller reserves the right to refuse an order. A refusal to comply with an order does not require a reason to be given. Refusal of an order should be made in the same form in which the Buyer placed the order within 3 working days of the order being placed.

 

§3.

  1. On account of the Seller’s performance of each delivery, the Buyer agrees to pay the Seller the total remuneration specified in the Order.
  2. Within 7 working days from the date of acceptance of the Order by the Seller, the Buyer is obliged to make an advance payment to the Seller of at least 30% of the total remuneration, depending on the terms of the Order, to the Seller’s bank account no. 60114020750000326804001001 or any other account specified in the Order. The Seller may withhold the execution of the Order until receipt of the aforementioned payment. A down payment is a condition for the effective placement of an order. Failure to make an advance payment in the amount agreed by the Parties shall be tantamount to cancellation of the order.
  3. The Parties agree on a payment period for the outstanding remuneration of a minimum of 14 days from the date of the invoice, depending on the terms of the Order.
  4. VAT invoices will be sent electronically.
  5. The prices indicated by the Seller, including in particular the prices of the Goods, are net prices, which must be increased by the amount of VAT as applicable on the date of invoice.
  6. Ownership of the Goods purchased by the Buyer shall pass to the Buyer upon payment of the full price for the Goods purchased. As soon as the goods are handed over to the person authorised by the Buyer to receive them, the risk of accidental loss or damage to the goods shall pass to the Buyer.

 

§4.

  1. The date of transfer (moment of delivery) of the Goods shall be deemed to be the date of transfer of the Goods to the Buyer directly from the Seller’s warehouse or delivery of the Goods to the address indicated in the order (in case of using additional transport service). In the event that, despite the Seller’s readiness to deliver the Goods, the Buyer fails to take delivery of the Goods in due time, the risk of accidental loss of or damage to the Goods shall pass to the Buyer upon expiry of the period for acceptance referred to in § 2(2) of the GTC. In this case, the Seller is entitled to withdraw from the Agreement and claim a contractual penalty of 5% of the total gross order value from the Buyer. If the Seller suffers damage exceeding the amount of the reserved contractual penalty, the Seller shall be entitled to claim additional compensation on general terms.
  2. The Seller may withhold the delivery of the Goods until the Buyer settles all the outstanding claims that have become due before the date of delivery of the Goods. In such a case, the Buyer shall not be entitled to any claims against the Seller, in particular a claim for damages.
  3. All complaints should be reported to the Seller immediately after discovering the defects, not later than within 3 days from the date of delivery:
  4. to the Seller’s e-mail address: biuro@hymon.pl, or sekretariat@hymon.pl
  5. in writing to the address of the Seller.

      Acceptance of the Goods without reservations and failure to report them within 3 days of the receipt of the Goods will result in the expiry of claims for external defects or damage.

  1. If the Manufacturer provides a Warranty for the goods delivered by the Seller, the detailed terms and conditions of the warranty are specified in the Warranty Card or in the technical specifications.
  2. The implied warranty is excluded to the fullest extent possible.

§5.

  1. The controller of the personal data provided by the Buyer (representatives, employees, proxies) and details of contact persons is HYMON Fotowoltaika spółka z ograniczoną odpowiedzialnością with its registered office in Tarnów, ul. Dojazd 16a, 33-100 Tarnów, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the KRS number 0000837128, Tax Identification No. (NIP) 9930676222, National Business Registry No. (REGON) 385894594, share capital PLN 505,000.00 (in words: five hundred and five thousand).
  2. The provided personal data will be processed only for the purpose of implementing the Order.
  3. The categories of personal data processed include first and last name of the data subject as well as Personal Identification No. (PESEL), address, telephone number and e-mail address, number and series of ID card.
  4. The basis for the processing of the data provided is Article 6 (1) (f) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) so called GDPR, i.e. the legitimate interest of the controller consisting in enabling the performance of the Agreement.
  5. The data provided will be processed throughout the duration of the Order implementation, as well as for the limitation period of any claims related to the implementation of the purpose for which they were provided to us.
  6. Persons whose data is processed have the right to access the data provided and the right to request their correction, rectification, deletion, limitation of their processing, request their transfer (when the processing takes place on the basis of consent or agreement), and when the basis for processing is the legitimate interest of the administrator, the right to object to the processing.
  7. The person whose data is processed has the right to lodge a complaint with the President of the Personal Data Protection Office.

 

§6. 

      During the cooperation between the Parties, as well as for three years after its completion (delivery), the Buyer undertakes to maintain absolute secrecy and not to provide, disclose or use any information about the Seller without the Seller’s written consent, unless the status of secrecy towards this information has ceased and is known to the public or its disclosure will be requested by an authorised body in the form and content provided for by law, but only to the necessary extent.

 

§7.

  1. The current GTC are published from time to time on the Seller’s website: www.hymon.pl.
  2. These terms and conditions apply from 29th September 202.
  3. In matters not covered by the GTC, the provisions of the agreements concluded between the Seller and the Buyer shall apply, and then the relevant provisions of the Civil Code and other applicable legal provisions.
  4. If the provisions of the sales or delivery agreement concluded with the Seller are different or contrary to the provisions of the GTC, then the provisions of the agreement shall prevail.
  5. The transfer of receivables resulting from the agreement concluded between the Parties requires the Seller’s written consent from time to time in order to be valid.
  6. Any disputes arising from the agreement or arising in connection with the agreement will be settled by the court competent for the Seller.