General Conditions of Sale

applicable in the company

INŻYNIERSKA AGENCJA PROJEKTOWO – BUDOWLANA ENIX Sp. z o.o. with its registered office in Kraków, address: ul. Domagały 1, 30-841 Kraków, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 0000091208, VAT no. 6760010214, REGON 003906994, with a share capital of PLN 60,000, with its Contractors.

Definitions:

The terms used in these General Terms and Conditions of Sale (hereinafter referred to as “GTC”) mean:

1. Seller: Inżynierska Agencja Projektowo – Budowlana ENIX Sp. z o.o. with its registered office in Kraków;
2. Buyer: anyone who has concluded a sales contract with the Seller.
3. Entrepreneur: an entrepreneur within the meaning of the provisions of the Act of 23 April 1964 – Civil Code, i.e., a natural person, a legal person, and an organisational unit conducting business or professional activity on its own behalf.
4. Goods: all products offered by the Seller, manufactured directly by the Seller or by third parties.
5. Service: all services provided to the Buyer by the Seller related to the concluded sales contract.
6. Order: a declaration of will of the Buyer submitted in the form provided for in the General Terms and Conditions of Sale.
7. Sales Offer: a document issued individually to a given Buyer by the Seller in paper or electronic form, containing the name, quality parameters, quantity and price of the goods; the form, payment date, and possible additional information.

[Scope of Application]
§ 1

1. These General Terms and Conditions of Sale constitute the general conditions of contracts within the meaning of Article 384 of the Civil Code and regulate, inter alia, provisions shaping the content of sales contracts applicable in the company Inżynierska Agencja Projektowo – Budowlana ENIX Sp. z o.o., hereinafter referred to as “the Seller,” concerning the sale of goods and services constituting the subject of the Seller’s statutory business activity, hereinafter referred to as “Goods” and “Services.”
2. The provisions of the GTC shall, in each case, constitute an integral part of the sales contracts concluded by the Seller (hereinafter referred to as “Agreements“), unless the parties to the Agreement (hereinafter referred to as “the Parties“) expressly agree otherwise.
3. Any changes, additions, and exclusions of the provisions of these GTC require the Seller’s consent granted in writing, otherwise being null and void.
4. Any general terms and conditions of contracts binding upon the Buyer are excluded in transactions with the Seller, where these GTC or other general terms and conditions of contracts binding upon the Seller shall apply exclusively. The Parties may waive the rules of the GTC or modify them by means of an “individual agreement,” concluded in writing, otherwise being null and void. The conclusion of such an agreement results in the exclusion of the relevant provisions of the GTC, in place of which the appropriately modified contractual provisions shall apply. Additional provisions of the Parties in this respect, drawn up in writing otherwise being null and void, shall prevail over the provision of this paragraph in the event of any dispute.
5. If the Buyer maintains a permanent commercial relationship with the Seller, the Buyer’s single acceptance of the GTC is considered as their acceptance for all other orders and agreements concluded between the Parties, until the content of the GTC is changed or their application is revoked, unless the Parties agree otherwise. The provision of paragraph 4 above shall apply mutatis mutandis.
6. The General Terms and Conditions of Sale are disclosed to and accepted by the Buyer on the Seller’s website: www.enix.pl in a form enabling the Buyer to download and reproduce them, and are also made available in traditional form at the Seller’s registered office.
7. Obtaining all legally required permits and complying with the necessary formalities required by the regulations in force in the Buyer’s country shall be the responsibility of the Buyer.

[Conclusion of the Agreement]
§ 2

1. Announcements, price lists, advertisements, and catalogues regarding the Goods offered by the Seller do not constitute an offer within the meaning of the Civil Code provisions, but only an invitation to place an order.
2. All technical information concerning the Goods resulting from catalogues, prospectuses, and other advertising materials presented by the Seller are indicative data and are binding only to the extent accepted by both Parties.
3. The Agreement between the Parties, on the conditions specified in these GTC, shall be considered concluded upon the Buyer submitting a written order in person at the Seller’s registered office, in electronic form via email, or through the B2B panel (hereinafter referred to as “the Order“), and the Seller confirming the acceptance of the Order for execution in electronic form via email or by notification within the B2B panel (hereinafter referred to as “the Order Confirmation“).
4. The Buyer, when submitting the Order to the Seller in person or electronically via email, shall specify at least:
   1. the name and address of the Buyer,
   2. the designation of the ordered Goods,
   3. the quantity of the ordered Goods,
   4. the place of collection/delivery,
   5. the details of the person placing the Order or a person authorised by the Buyer within the meaning of the GTC provisions, enabling the transmission of the Order Confirmation.
5. The Seller shall send the Order Confirmation to the person placing the Order or a person authorised by the Buyer within the meaning of the GTC provisions, indicated in the Order.
6. The lack of an Order Confirmation within 7 days means the Seller’s refusal to accept the Order for execution, unless the Seller commenced the execution of the Order before the expiry of the aforementioned deadline.
7. In the event that the Buyer’s Order introduces any changes to the Seller’s offer or any reservations thereto, the sales contract shall only be concluded upon the Seller confirming acceptance of the Order with the changes or reservations, taking into account the deadlines indicated above. The lack of confirmation of such an Order by the Seller is tantamount to a lack of intention to conclude the agreement, and the agreement is not concluded in such a case. The Parties hereby exclude all legally provided possibilities of submitting a tacit declaration of will and a “silent” conclusion of the agreement.
8. In the event the Buyer places an Order without having previously received a written offer from the Seller, confirmation of acceptance of the Order by the Seller is necessary for the conclusion of the sales contract. The provisions of the above paragraphs shall apply mutatis mutandis.
9. If the conditions contained in the Order Confirmation by the Seller deviate in a manner that does not materially change the content of the Order, and the Buyer does not immediately — within 24 hours of receiving the Order Confirmation — object to the inclusion of the changed reservations in the Agreement, the Agreement binding upon the Parties shall have the content specified in the GTC and the Order, taking into account the changes contained in the Order Confirmation.
10. If the conditions contained in the Order Confirmation deviate significantly from the content of the Order, particularly regarding the price, quality, and quantity of the Goods, or the delivery date, the Order Confirmation submitted by the Seller shall be deemed an offer made to the Buyer (hereinafter referred to as “the Offer“). The Agreement is also concluded if the Buyer accepts the Offer specified in the preceding sentence. In the event of the Buyer accepting the Offer, the Parties shall be bound by the Agreement with the content specified in the GTC and the Order, including the changes contained in the Order Confirmation. The Buyer’s acceptance of the Seller’s Offer with reservations shall be deemed a new Order.
11. The sales contract shall be deemed concluded on the date the Order Confirmation is sent to the Buyer by the Seller or the date the Seller commences execution of the Order. In the case specified in paragraph 10, the Agreement shall be deemed concluded on the date the Seller receives the acceptance of the Offer from the Buyer.
12. Any change to the provisions of individual agreements in relation to the GTC shall be binding upon the Parties from the moment the Seller submits acceptance of the said changes in writing, otherwise being null and void, and shall apply only to the Agreement to which it referred, and shall not apply to other Agreements connecting the Parties.
13. Any changes to the Order, cancellation of the Order, or return of the Order may not be made without the Seller’s written consent.
14. As of the date of concluding the agreement in accordance with the provision of § 2 section 11 of the GTC, a change to the Order or cancellation of the Order shall not affect the Buyer’s obligation to pay the price established in the Order in full.
15. Goods of full value (free from defects) are not subject to return. With regard to B2C Buyers, due to the individualized nature of each Order, the provisions of the Act of 30 May 2014 on consumer rights [Article 38 point 3] shall not apply.$$Specyfikacja towaru$$

[Specification of Goods]
§ 3

1. The quality of the Goods results solely from the information or documentation provided by the Seller, unless the Seller reserves otherwise in the Order Confirmation or Offer. Any change to the Specification by the Buyer requires the Seller’s acceptance granted in electronic form, otherwise being null and void.$$Rodzaje i warunki dostaw$$

[Types and Terms of Delivery]
§ 4

1. Unless otherwise agreed by the Parties, the delivery terms EXW (current INCOTERMS version) shall apply.
2. Delivery of the Goods purchased by the Buyer shall be carried out solely on the basis of their Order. The deadline for the execution of the Order shall be established by the Parties in the sales contract in each case.
3. The Buyer is obliged to collect the ordered Goods at the place and time specified in the Agreement on the date of collection/delivery. Should the Buyer fail to fulfil the above obligation, the Seller is entitled to charge the Buyer with storage costs or to withdraw from the agreement within 7 working days and sell the Goods to another client. The Buyer is obliged to make payment for the storage of the Goods covered by the Agreement based on the received invoice according to the storage rates binding upon the Seller [in the amount determined by the Seller according to the rules indicated above], in accordance with the payment deadline specified on the invoice.
4. In the event the Parties agree to the Buyer collecting the Goods in specified batches, the final deadline for collecting the entirety of the Goods shall be indicated in electronic form.
5. The Buyer shall bear responsibility for all damages related to delayed unloading or collection of the Goods, standstills, or immobilization of the means of transport used by the Seller or entities to whom the Seller entrusted the transport service.
6. In the event that the terms of the Agreement include the delivery of Goods to the destination indicated in the Order or Offer by means of transport belonging to the Seller or entities to whom the Seller entrusted the transport service, the Buyer is obliged to ensure that a person authorised to collect the Goods on behalf of the Buyer is present at the place specified in the Agreement on the day of collection.
7. The person collecting the Goods on behalf of and for the Buyer is obliged to confirm the collection of the Goods on the delivery documents with a handwritten signature stating their name and surname, and also to endorse the document with the Buyer’s company stamp.
8. In the event that employees of the Seller or entities to whom the transport service has been entrusted assist the Buyer with unloading or storing materials, they shall always act at the Buyer’s risk, and not as assistance from the Seller, who shall not be liable for the actions or omissions of these persons.
9. Goods specified in the Agreement may be issued in batches (in parts). In the case of batch deliveries, the Seller shall be authorised to issue a separate invoice for each batch of Goods.
10. If the Seller fails to deliver the Goods to the Buyer within the agreed deadline due to an obstacle arising from reasons beyond its control, including, but not limited to, untimely delivery of material for the production of the Goods by the Seller’s suppliers, force majeure, unpredictable disruptions in the Seller’s operations, in particular lack or shortage of electrical energy, transport and customs delays, road blockades, time restrictions on road transport traffic – the delivery deadline shall be automatically extended by the duration of the obstacle. In this case, the Buyer shall not be entitled to submit a complaint or any other claims against the Seller, in particular compensation related to the delay in delivery.
11. The Seller may make the execution of a new Order placed by the Buyer conditional on the payment of an advance payment for the Buyer’s new order, even if such an Order has been previously confirmed by the Seller, especially in a situation where the Buyer is overdue with payments or regulates them untimely or payment for the Goods appears doubtful. The Seller may also make the execution of a subsequent Order, even if confirmed by the Buyer, conditional on the Buyer settling all remaining outstanding debts to the Seller.
12. In the event of payment delays, the Seller reserves the right to suspend further deliveries, as well as charge the Buyer with statutory interest for delay, until all amounts due, together with interest, are settled. Until then, the Goods, despite being released from the Seller’s warehouse, remain the property of the Seller.
13. The submission of a complaint does not release the Buyer from the obligation to pay for the Goods or Service within the specified deadline.
14. The Buyer’s withdrawal from collecting the ordered Goods, after the Seller’s acceptance of the order, may only take place upon obtaining the Seller’s written consent in this regard. In the event of withdrawal of the Order in whole or in part with the Seller’s consent, the Buyer may be obliged to cover the costs incurred by the Seller in connection with the execution of the subject Order.
15. If facts and circumstances are revealed after the transaction which indicate a significant deterioration of the Buyer’s financial situation, the Seller has the right to withdraw from the execution of the Order, even if already confirmed by the Seller, or to demand payment before delivery of the Goods despite earlier different arrangements, and also to demand immediate payment of all other amounts due, even if not yet payable, arising from previous deliveries executed by the Seller for the same Buyer.
16. The Seller reserves the right, without the need to obtain the Buyer’s consent, to assign undue receivables confirmed by invoices from current turnover issued to the Buyer.

[Complaints and Warranty]
§ 5

1. The Buyer is obliged to check the condition of the Goods immediately on the day of their receipt, exercising due diligence. Any quantitative shortages and damage to the Goods must be confirmed in the form of a complaint protocol drawn up in writing, otherwise being null and void, immediately on the day of collection/delivery of the Goods by the person collecting the Goods and signed by the driver or another person issuing the Goods, under pain of losing the rights arising from the Seller’s liability for quantitative discrepancies.
2. In the case of quantitative shortages, the protocol must indicate discrepancies between the Goods actually delivered and the delivery notes and the consignment note.
3. In the event of delivery of the Goods via a transport/courier company, the Buyer is obliged to examine the shipment at the moment of its delivery and make an annotation on the consignment note regarding any quantitative shortages or damage to the shipment found. The damage protocol should be signed by the courier delivering the shipment.
4. Quantitative complaints and those concerning damage to the Goods should be immediately reported in writing by the Buyer or an authorised person within the meaning of these GTC to the Seller’s registered office address or electronically via email.
5. Delivery notes or transport documents, signed by the Buyer, persons authorised by the Buyer within the meaning of these GTC, or persons collecting the Goods without an additional annotation, constitute proof for the Seller of the acceptance of the given batch of Goods without quantitative reservations or damage.
6. In the event that the agreed terms of the Agreement execution include the collection of Goods from the Seller’s warehouses by the Buyer’s means of transport, the Seller shall not be liable for quantitative shortages or damage to the Goods arising from improper loading, transport, unloading, or storage of the Goods by the Buyer.
7. Quantitative complaints or those concerning damage to the Goods shall be considered by the Seller within a period not exceeding 14 working days from the date the complaint is delivered in writing or electronically via email.
8. In the event the Seller accepts a quantitative complaint or one concerning damage to the Goods, the Seller shall, at its option: replace the Goods, deliver the missing quantity of Goods, reduce the price of the Goods, or withdraw from the Agreement or part thereof, returning the price paid by the Buyer for the Goods or part thereof. Supplementing the missing quantity or replacement of damaged Goods shall take place within a timeframe agreed upon by the Seller and the Buyer.
9. A condition for accepting the return of Goods that have been complained about by the Buyer and accepted by the Seller is that they must be unprocessed and identifiable as to the parameters contained in the certificates or other documents.
10. The submission of a complaint does not release the Buyer from the obligation to pay the full price within the agreed deadline.
11. Purchased Goods are not subject to return for reasons other than those referred to in the paragraph above.
12. In the event of submitting a complaint, the Buyer is obliged to make the defective Goods available to the Seller for inspection, including conducting expert examinations, at the Buyer’s expense.
13. The Seller shall, in no case, be responsible for the costs of laboratory tests of the Goods, disposal of the Goods, market withdrawal, or other costs.
14. The Seller is exempt from liability for quality defects of the Goods if the defects of the Goods result from a material defect from which the Goods were made.
15. The Seller’s liability under the warranty for defects in B2B relations is excluded.
16. The Buyer loses the rights under the warranty for defects, in particular if:
    1. the Goods were not stored by the Buyer in accordance with the conditions specified in the Seller’s specification for the given Goods;
    2. the Goods were installed contrary to the installation manual or the installation was not performed by a person holding appropriate authorizations and qualifications;
    3. the Buyer used the Goods contrary to the law, the Agreement, the intended purpose of the Goods, or the properties of the Goods;
    4. the Buyer collected Goods other than those indicated in the Order or Offer;
    5. the Buyer failed to examine the Goods before their use;
    6. the Buyer processed the Goods;
    7. defects in the Goods arose during transport, after the Goods were issued by the Seller;
    8. defects arose as a result of intentional impact on the Goods by the Buyer.

17. The Buyer is obliged to examine the Goods within 7 days from the date of delivery and notify the Seller of defects immediately upon their detection, but no later than within 24 hours of detection, under pain of the Buyer losing all claims under the warranty for defects. Without prejudice to the obligations provided in the preceding sentence, the Buyer should examine the Goods and notify the Seller of defects no later than before using the Goods, under pain of losing the rights under the warranty for defects. The deadlines specified in this paragraph shall be deemed met if, before their expiry, the Buyer sends a notice of defects, drawn up in writing otherwise being null and void and containing an exact description of the defects of the Goods, along with an electronic notification via email. Effective notification of defects does not release the Buyer from the obligation to pay the price for the Goods delivered to them.
18. Goods for which the Buyer has submitted a claim under the warranty for defects should be available in unprocessed form to the Seller throughout the entire period of the Seller’s consideration of the Buyer’s submitted claims. In the event that the Goods for which the Buyer has submitted a claim under the warranty for defects have already been processed, and the Buyer failed to examine the Goods before processing in accordance with the obligation indicated in § 5 section 15 of the GTC, the Seller shall not be liable for the non-conformity of the Goods with the Agreement.
19. Complaints regarding the quality of the Goods, concerning defects detected after the date of delivery but resulting from a cause inherent in the Goods, shall be considered by the Seller and, if accepted, shall be satisfied, provided that any compensation is limited to the value of the Goods.
20. In the event that the Buyer’s compensation claims due to hidden defects of the Goods exceed the value of the Goods and the limitation specified in paragraph 17 is not effective in a given case, compensation claims shall be settled exclusively within the scope of the Seller’s civil liability insurance policy and provided that the claim is accepted by the insurer. The Buyer is obliged to provide the insurer with all information necessary to assess the claim.
21. Parameters from the specification or certificate of analysis of the Goods described as “typical” or “characteristic” may not constitute a basis for reporting and accepting a complaint.
22. In the event the Seller accepts defects in the Goods, the transport costs of the defective Goods shall be borne by the Seller.
23. The Seller’s liability for damages arising from the existence of defects in the Goods, in the event of exercising the rights under the warranty for defects, is excluded.
24. The Seller is exempt from all liability under the warranty for defects if the Buyer was aware of the defect at the latest at the time of concluding the Agreement.
25. The Seller is exempt from all liability and costs related to the market withdrawal of products and Goods manufactured, processed, and offered by the Buyer.
26. In the event of an unjustified complaint, the Seller has the right to charge the Buyer with the costs of transport and transshipment of the complained Goods and the costs of its control examination.$$Odpowiedzialność$$

[Liability]
§ 6

1. The Seller’s liability for damage caused by non-performance or improper performance of obligations arising from the Agreement, regardless of the legal basis of the claims (contractual claims, tort claims, or other), is limited cumulatively to the value of the price for the Goods based on the concluded Agreement. The Seller is liable only for the direct consequences of its actions or omissions and for the actual damage. The limitation of liability does not apply if the damage is caused by the Seller intentionally.
2. The Seller shall not be liable for damages related to the defectiveness of the Goods, in the scope of consumption costs of products or materials other than the Goods.
3. The Seller shall not be liable for damages resulting from the use of the Goods contrary to the law, the Agreement, the intended purpose, or the properties of the Goods, especially when the Buyer collected Goods other than those indicated in the Order or Offer and used them in the manner in which they would have used the Goods indicated in the Order or Offer, and as a result of failure to adhere to the manufacturer’s or Seller’s recommendations and instructions.
4. The Seller shall not be liable for damages in the form of economic losses and lost profits.
5. The Seller is not responsible for the Buyer’s erroneous or improper interpretation of information or data contained in the Seller’s or the Goods manufacturers’ informational materials covered by the Seller’s commercial offer.

[Payment Terms and Price]
§ 7

1. The Buyer shall pay the Seller the price, in the amount and form specified in the Agreement, without any deductions, based on the VAT invoice issued by the Seller.
2. The Buyer is obliged to pay the price by the deadline indicated in the Agreement or, if the payment deadline has not been indicated therein, in the VAT invoice issued by the Seller.
3. In the event that payment of the price involves making a bank transfer payment, the date of payment shall be considered the date of the entire sum of money being credited to the Seller’s bank account.
4. Prices provided by the Seller are net prices and will be increased by Value Added Tax (VAT) according to the rates in force on the date the invoice is issued.
5. Delay in payment of the price for the delivered Goods authorises the Seller to charge statutory interest for the delay for every day of delay and to immediately suspend the execution of all Goods deliveries until the entire overdue amount is settled, along with statutory interest from the due date to the date of payment.
6. Without excluding the rights referred to in the above paragraphs, a delay in payment of the price for the delivered Goods exceeding 7 days from the agreed payment deadline authorises the Seller to withdraw from the sales Agreement without setting the Buyer an additional deadline.
7. The Seller shall not be liable for damages resulting from delay, suspension, or refusal to execute the Agreement due to the reasons referred to in the preceding paragraphs.$$Zastrzeżenie prawa własności$$

[Retention of Title]
§ 8

1. The Seller reserves ownership of the Goods until the Buyer pays the entire price due for the Goods delivered in execution of the Agreement. Further resale, consumption, processing, combination, reduction (of value/quantity/quality) of the delivered Goods may only take place if the Buyer fulfils its obligations regarding the payment of the entire price due for the Goods delivered in execution of the Agreement. The Buyer is not entitled to pledge or present as security the Goods delivered in execution of the Agreement for which they have not paid the entire price due to the Seller.
2. The risk of accidental loss or damage to the collected/delivered Goods shall be borne by the Buyer from the moment they are issued to the Buyer.
3. In any case of delay in payment of the price due for the Goods delivered in execution of the Agreement, the Seller has the right to demand the return of the delivered Goods for which it has not received payment of the price. In such a case, the Buyer is obliged, at their own expense and risk, to return all Goods for which payment has not been made on time, within the deadline indicated in the Seller’s demand made in writing or electronically via email. In the above scope, the return of Goods includes loading, transport, and unloading at the place and time indicated by the Seller. In the event the return of the collected/delivered Goods is impossible, the Buyer is obliged to return Goods with the same parameters, in particular quality, after prior acceptance by the Seller.

[Force Majeure]
§ 9

1. The existence of force majeure authorises the Seller to completely suspend deliveries or postpone them, to the extent and for the duration thereof. The Seller shall not be liable for damages incurred by the Buyer as a result of delay or suspension of deliveries due to force majeure. The above shall also apply in the event of a delay caused by force majeure affecting the Seller’s suppliers.
2. The Parties shall understand force majeure as events that are independent of the will of the Parties, which could not be foreseen or prevented and are external to the Parties, including, but not limited to: fire, flood, or other natural disasters, lack of supplies from suppliers, lack of goods from the supplier according to previously contracted conditions, lack of energy, strikes, lockdown, epidemic, communication disruptions, interference by state authorities.
3. If the circumstances of force majeure last longer than 7 days, the Parties shall decide on the possibility of continuing the performance of the Agreement. In the event a decision is made to terminate the Agreement, the termination shall occur without incurring any financial consequences, subject to the Buyer’s payment of amounts due for the delivered and collected Goods and other amounts due resulting from executed Agreements.

[Data Protection]
§ 10

1. By accepting the provisions of these GTC, the Buyer consents to the processing of their personal data by the Seller and entities acting on behalf of the Seller, in connection with the execution of sales contracts for Goods and Services.
2. Unless required by applicable law or the regulations of the relevant stock exchange or other regulations binding upon the Parties or their direct or indirect parent companies at the time, and unless the Agreement states otherwise, neither Party shall disclose or transfer to another person nor use or exploit for any purpose the trade secrets, confidential content or information, financial or commercial information regarding the terms of the Agreement and the other Party, to which it may gain access when joining the Agreement, and shall make all reasonable efforts to prevent such conduct by other persons and entities associated with it.
3. The above limitation shall also apply after the expiry or earlier termination of the Agreement and shall not be limited in time. However, it shall not apply to information or content that has been made public in a manner other than through the fault of the Party bound by the restriction regarding their disclosure.$$Klauzula RODO$$

[GDPR Clause]
§ 11

1. Each Party (hereinafter referred to as “the Informing Party“) is obliged to provide its representatives, as well as other natural persons employed or engaged to cooperate by the Informing Party on another basis (hereinafter, collectively, as “Representatives“) with the information referred to in paragraph 2 below (hereinafter referred to as “Data Processing Information“), if the personal data of the Representatives (hereinafter referred to as “Data“) are or will be processed by the other Party acting as the data controller (hereinafter referred to as “the Controlling Party“) in connection with the conclusion, execution, termination, assignment, as well as other activities related to or concerning this Agreement.
2. The Informing Party shall provide its Representatives with the following information regarding the processing of Data by the Controlling Party (including the full name of the Controlling Party and its address details):
   1. The Data Controller for the Data, covering the Representative’s first name, surname, official position, official email address, official correspondence address, processed for the purposes referred to in point b. below, is the Controlling Party that received the Data from the Informing Party.
   2. The Data will be processed by the Controlling Party for purposes resulting from the legitimate interests pursued by the Controlling Party, i.e., for purposes related to the conclusion, execution, termination, assignment, pursuit of claims, as well as other activities related to or concerning this Agreement. The processing of Data is necessary for the realisation of the aforementioned purposes. The Data will not be used by the Controlling Party for automated decision-making, including profiling.
   3. The Controlling Party will process the Data for at least the term of the Agreement (unless it ceases to be a party thereto before its expiry) and for the period required by applicable law, including tax law provisions mandating the storage of the Agreement for purposes related to the settlement of public law liabilities, possibly for the period of limitation of the Controlling Party’s claims arising from or concerning the Agreement (whichever of these periods is longer).
   4. The Representative has the right to request:
      • access to the Data and to obtain a copy thereof;
      • creation of a copy of the Data they provided to the Controlling Party and its transmission to the Representative or another entity in a commonly used, machine-readable format;
      • rectification of the Data when they are outdated, incomplete, or incorrect;
      • erasure of the Data in situations specified in Article 17 of the General Data Protection Regulation (EU) 2016/679 (“GDPR”);
      • restriction of processing in situations specified in Article 18 of the GDPR;
      • to object, on grounds relating to their particular situation, to the processing of Data based on the legitimate interests of the Controlling Party;
      • to lodge a complaint with the competent supervisory authority.
   5. In case of questions or wishing to exercise their rights, the Representative may contact the appropriate Controlling Party by sending a message to the address ul. Domagały 1, 30-841 Kraków in case of contact with the Seller or to the address resulting from the Agreement or Order in case of contact with the Buyer, or by written means to the appropriate addresses of the Parties resulting from the relevant registers or records.
   6. Data may be transferred to competent public administration authorities, banks, law firms and other advisors of the Parties, postal operators (public and private), as well as entities that process personal data on behalf of the Parties. Data may also be made available to entities to which any rights or obligations arising from the Agreement have been transferred, by contract or by law;
   7. Data may be transferred by the Controlling Party to third countries that have not been recognised by the European Commission as ensuring an adequate level of personal data protection, however, only on one of the legal bases and with the use of safeguards provided for by Article 46 of the GDPR (information on the safeguards used will be available upon request from the Representatives).
3. Data Processing Information will be provided to the Representatives in a manner enabling the Representatives to familiarize themselves with it. Each Party may require the other Party to provide proof of transfer of the relevant Data Processing Information to the other Party’s Representatives.
4. The fulfilment of the Parties’ obligations specified in sections 1 and 2 above does not release either Party, being the data controller, from any obligations imposed on it by applicable law, including, in particular, the obligation to ensure an appropriate legal basis for the processing of Data by such Party (including in terms of making the Data available to the other Party) or from information obligations.

[Copyrights]
§ 12

Without the Seller’s prior written consent, otherwise being null and void, the Buyer is not entitled to publish, disclose, or use in any form, on any fields of exploitation, materials concerning the Seller’s Goods, i.e., photographs, technical drawings, technical descriptions, and design projects of the Goods, which are subject to the Seller’s copyrights.

[Final Provisions]
§ 13

1. Bez uprzedniej zgody Sprzedawcy, udzielonej w formie pisemnej pod rygorem nieważności, Kupujący nie jest uprawniony do przenoszenia, w całości lub w części, praw lub obowiązków wynikających z Umowy sprzedaży na osoby trzecie.
2. The content of the Agreement constitutes a trade secret.
3. If any of the provisions of the GTC is or becomes invalid or ineffective, this shall not affect the validity of the remaining provisions of the GTC. In such a case, the generally applicable relevant provisions of law shall apply, directly or appropriately, to the rights and obligations of the Parties to the sales contract in place of the invalid or ineffective provision of the GTC.
4. The law applicable to the sales Agreements is the law of the Republic of Poland.
5. In matters not regulated by the provisions of the GTC, the relevant provisions of the Civil Code and other generally applicable provisions of law shall apply to the rights and obligations of the Parties to the Agreement.
6. The Parties declare that they will strive to amicably settle all disputes arising in connection with the performance of agreements covered by these General Terms and Conditions of Sale. In the event amicable settlement is impossible, all disputes arising directly or indirectly from these regulations shall be resolved by common courts having jurisdiction over the Seller’s registered office.
7. In the event of a dispute in connection with the Agreement, the Parties shall submit the dispute for resolution to the common court having jurisdiction over the Seller’s registered office.
8. These General Terms and Conditions of Sale shall enter into force on 20 January 2025 and shall apply to all sales and delivery contracts concluded after 20 January 2025.