1. General provisions
- These General Terms of Sale (hereinafter: “Terms of Sale”) set out the rules for the sale of raw coffee (hereinafter: “Goods”) by the !FEST COFFEE MISSION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków at ul. Lubicz 27/40, 31-503 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków under KRS (National Court Register) number: 0000871049, NIP: 5252844906, REGON: 38767146700000, share capital: PLN 5,000.00 (hereinafter: “Seller”) and apply to each and every order placed and executed for the benefit of the Seller’s customers (hereinafter: “Buyer”).
- The object of the sale is raw coffee distributed by the Seller.
- The detailed range of coffee available for sale can be found on the Seller’s website: https://festcoffeemission.com and in response to enquiries sent by email to the Seller at: welcome@festcoffeemission.com. The information about coffee available for sale referred to in the preceding sentence shall not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to conclude a contract.
- These Terms of Sale shall apply to purchasers who are entrepreneurs and who are not covered by the exclusion of consumer protection regulations with respect to non-business purchases.
2. Ordering of Goods and conclusion of the sales contract
- By placing an order for the Seller’s Goods, the Buyer confirms that he has read the Terms of Sale, accepts them and intends to implement them.
- Orders for the Seller’s Goods are carried out on the basis of individually placed by the Buyer by e-mail to: welcome@festcoffeemission.com
- It is possible for the Buyer to place an order by telephone at the telephone number available on the Seller’s website, whereby orders placed by telephone are confirmed by e-mail using the standard procedure described in these Terms of Sale.
- It is only possible to order Goods and quantities of Goods available at the date of order from the Seller. The Seller shall be entitled to inform about unavailability of the Goods in question in response to an order placed by the Buyer.
- The Seller provides the Buyer with a detailed order quotation and the relevant delivery terms in response to the individual order.
- An order is deemed to have been placed once the Buyer has accepted this Terms of Sale.
- If the Buyer fails to confirm acceptance of the terms of the order within 5 days of the Seller’s presentation of the detailed terms, the order shall be deemed not to have been placed and the Seller shall not be obliged to fulfil it.
3. Payments and settlements of the Parties
- The Buyer is obliged to make payment for the ordered Goods in accordance with the terms and conditions set out in the individual arrangements between the Seller and the Buyer.
- Settlements are based on accounting documents issued in accordance with the applicable regulations.
- Payments to the Seller shall be made to the bank account number indicated by the Seller.
- The Buyer is obliged to pay for the ordered Goods within the periods agreed with the Seller.
- In the event of late payment by the Buyer, the Seller shall be entitled to charge statutory interest for late payment in commercial transactions.
- If there is a delay in making any payment by the Buyer to the Seller, the Seller shall be entitled to demand payment in advance for any subsequent order placed by the Buyer and to refuse to proceed with the order if the Buyer has not paid the order in advance.
4. Delivery
- Deliveries of Goods are made by external transport and courier companies to the delivery address indicated by the Buyer.
- The Parties may agree on the collection of the Goods or the organisation of their Transport by the Buyer by individual arrangements. In this case, the Buyer shall be fully responsible for arranging the transport of the Goods.
- In the event that the ordered Goods are not collected by the Buyer after delivery by a transport or courier company, the Seller shall charge the Buyer with any resulting costs, in particular the costs of return shipment and storage, and shall be entitled to withdraw from the Sales Contract within 21 days of receipt of the return shipment and to deduct from any remuneration paid any costs charged to the Buyer referred to in the preceding sentence.
5. Liability and complaints
- The Seller’s liability under warranty for sales to entrepreneurs (with the exception of buyers who are entrepreneurs, who are not covered by the exemption from the consumer protection regulations for purchases not related to their business activities) is excluded.
- The Seller’s responsibility for delivery and transport in relation to entrepreneurs (with the exception of buyers who are entrepreneurs, who are not covered by the exclusion resulting from the consumer protection regulations with regard to non-business purchases) is excluded at the moment of handing over the consignment to the courier or transport company.
- The Buyer may address complaints regarding the Seller’s liability by e-mail to: welcome@festcoffeemission.com, indicating the Buyer’s data, description of the complained features, type of Goods, date of order and date of delivery, circumstances of disclosure of the complained features and indication of the Buyer’s demands. It is recommended to attach photographic documentation to the complaint.
- Complaints should be lodged as soon as the circumstances which, in the opinion of the Buyer, give rise to the complaint have come to light, but not later than 10 days after receipt of the delivery.
- The Buyer should leave the Goods under complaint for the Seller’s inspection during the complaint procedure.
- The Seller shall resolve the validity of the complaint immediately, but no later than within 30 days of receiving the complete information from the Buyer.
6. Additional and final provisions
- These Terms of Sale shall be governed by Polish law.
- The competent court for any disputes arising in connection with the cooperation of the Parties based on these Terms of Sale shall be the common court having jurisdiction over the registered office of the Seller.
- If any of the provisions of these Terms of Sale are found to be unlawful or ineffective, the remaining provisions shall remain in force.
- In the event of a change to these Terms of Sale, the Terms of Sale in force on the date of the order shall apply to orders placed or fulfilled.