TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
- General Provisions
- These Terms and Conditions of Sale and Delivery apply without exception to all contracts, deliveries and services provided by Epsilon Grzegorz Stasicki, hereinafter referred to as “Epsilon”, to recipients of goods and services, hereinafter referred to as the “Buyer”.
- These Terms and Conditions of Sale and Delivery are available on the website e-psilon.pl and govern the rules and procedures applicable to the conclusion of contracts.
- Different rules or procedures may be adopted only in exceptional cases where Epsilon enters into a written agreement with a particular Buyer modifying these General Terms and Conditions.
- For validity, all verbal arrangements and assurances made by employees of Epsilon or the Buyer must be confirmed in writing.
- For the purposes of these Terms and Conditions, correspondence sent by email or fax shall also be considered written correspondence. By entering into a business relationship with Epsilon, the Buyer accepts all Terms and Conditions of Sale and Delivery described in detail on e-psilon.pl.
CONCLUSION OF THE CONTRACT
- The contract is concluded when the Buyer places an order constituting acceptance of an offer prepared by Epsilon in response to a request for quotation. To be valid, the offer must be made in writing. The contract is concluded subject to Epsilon confirming that the order has been accepted for fulfilment.
- The Buyer may accept the offer only expressly and without making any amendments. If the Buyer’s order contains changes to the offer, it shall, in case of doubt, be treated as a new request for quotation.
- If Epsilon considers the Buyer’s financial standing unsatisfactory or has doubts regarding the Buyer’s ability to make payment, as well as in the case of new customers or high-value orders, Epsilon may require an advance payment, an appropriate financial guarantee or full payment for the goods before delivery. If these requirements are not met within the period specified by Epsilon, Epsilon shall be entitled to withdraw from the contract and declare the order invalid within the following 14 days.
PAYMENT
- Payment for the goods must be made within the period and on the terms specified in the offer. The payment period shall be calculated from the invoice date.
- All payments should be made by bank transfer. The payment date shall be the date on which the bank account specified by Epsilon on the invoice is credited.
- Cash payments are permitted provided that their amount and frequency do not violate the applicable regulations.
- In the event of late payment, Epsilon shall be entitled to charge statutory interest.
- If Epsilon has doubts concerning the Buyer’s financial position or the Buyer is late in paying for goods already delivered, Epsilon shall be entitled to suspend further deliveries without liability for non-performance of the contract. Epsilon may also require appropriate payment security to be provided within three days and, if it is not provided, withdraw from the contract within the following 14 days.
- If the debtor becomes insolvent, Epsilon may demand immediate payment regardless of the agreed payment date.
- If the Buyer is more than 30 days late in paying for the goods, the Seller may charge the Buyer for the costs of debt-collection measures undertaken to recover payment for the delivered goods.
- Epsilon reserves the right to apply each payment received from the Buyer to amounts due in the order of their maturity. The provisions of Article 451 of the Polish Civil Code are hereby excluded accordingly.
DELIVERY TIMES AND TRANSPORT
- The order fulfilment date specified in the offer means the date on which the goods will be ready for dispatch from Epsilon’s warehouse.
- Epsilon shall not be liable for delays in delivery in relation to the dates specified in the order confirmation if such delays result from circumstances beyond Epsilon’s control, including force majeure, natural events such as fire or flooding, strikes, delays at borders or during transport, interruptions or delays affecting suppliers, sudden machinery failures, power outages or acts of public authorities. A delivery delay of up to 14 days shall not be considered a breach of the delivery deadline.
- The delivery deadline shall be deemed to have been met if notification that the goods are ready for collection is given on the agreed date and actual collection does not take place for reasons attributable to the Buyer. Epsilon reserves the right to issue an invoice for ordered goods made available to the Buyer at Epsilon’s warehouse.
SHIPPING TERMS
- As a rule, goods are shipped in packaging that protects them during transport in accordance with Epsilon’s standards.
- Pursuant to Article 544 of the Polish Civil Code, delivery of the goods shall be deemed completed when Epsilon entrusts them to the carrier.
- If the goods are shipped through a carrier and the Buyer discovers a shortage or damage during transport, the Buyer must take all steps necessary to establish the carrier’s liability, including recording details of the damage on the consignment note.
- Upon delivery of the goods, all benefits and burdens associated with the goods, as well as the risk of accidental loss or damage, shall pass to the Buyer.
- If the Buyer delays collecting goods made available to them, Epsilon may charge the Buyer storage costs.
DEFECTS
- The Buyer must inspect the goods upon receipt for damage to the outer packaging and compliance with the order. Damage to the outer packaging and any discrepancies with the order must be reported by the Buyer upon receipt of the goods. Any other defects must be reported within seven days of their discovery.
- Epsilon shall review a complaint within 14 days of its submission. In justified cases, such as where laboratory tests or expert assessments are required, the complaint review period may be extended. Epsilon shall notify the Buyer of any extension within 14 days of the complaint being submitted.
- If a complaint is found to be justified, Epsilon shall, at its discretion, remedy the defects, deliver defect-free goods or refund the amount paid for the defective goods.
- To enable defects to be remedied or replacement goods to be supplied, the Buyer must make the disputed delivery or the relevant part thereof available to Epsilon together with the original outer packaging bearing the manufacturer’s labels that allow the production batch to be identified.
- Epsilon shall not be liable for the consequences of modifications or repairs performed by the Buyer or any third party.
- Pursuant to Article 558 of the Polish Civil Code, Epsilon excludes its statutory liability for defects under the implied warranty, and the Buyer agrees to this exclusion by making purchases under these Terms and Conditions.
- Except in cases of wilful misconduct, Epsilon’s total liability to the Buyer for any claims, obligations, losses, damages, costs or expenses connected with the sale and delivery of goods and services shall be limited to the amount paid by the Buyer to Epsilon in respect of the relevant transaction.
- Any disputes shall be resolved by the court having jurisdiction over Epsilon’s registered office.
- The Buyer consents to the processing of their data for commercial and marketing purposes.
- These Terms and Conditions may be amended by publication on www.e-psilon.pl. Before accepting an offer from Epsilon, the Buyer must review the current Terms and Conditions of Sale and Delivery.These Terms and Conditions may be amended by publication on www.e-psilon.pl