Terms & Conditions
TERMS AND CONDITIONS OF THE COMPANY
In these General Terms and Conditions of Sale (hereinafter referred to as "GTCS"), the following expressions shall have the meanings as defined below:
"Seller" refers to Electrons Mateusz Lisik, headquartered at ks. Augustyna Kordeckiego Street 41, 98-400 Wieruszów, holding NIP: 9970068173, REGON: 100590694.
"Buyer" means a sole proprietorship, legal entity, or other entity engaged in business activity.
"Product(s)" refers to the items or their components that are subject to the offer as described in these GTCS and the order confirmation, if such confirmation is issued by the Seller.
"Delivery" refers to the terms, costs, and method by which the goods are delivered to the Buyer.
- The sale of products by the Seller is governed by these GTCS unless otherwise agreed upon by the parties. Any terms and conditions not explicitly accepted in writing by the Seller shall not be valid or enforceable. Written form includes signed fax and electronic correspondence unless the recipient notifies, no later than the next day after receipt, that the correspondence is incomplete or illegible.
OFFER AND CONCLUSION OF THE CONTRACT
Offers and other commercial documents provided by the Seller are not legally binding and serve only as a basis for negotiating the terms of sale. In case of discrepancies between the Buyer's General Terms of Purchase and the Seller's General Terms of Sale, the latter shall prevail.
The Buyer places an order with the Seller. The order should include details such as quantity, name, price, date, and place of receipt of the goods. The contract is concluded upon the Buyer's submission of a written order via mail, fax, or email.
Deadlines provided in the offer are based on the production schedules of the Seller's suppliers and are subject to change without prior notice to the Buyer.
PRICES, PAYMENTS, AND SETTLEMENTS
Unless otherwise specified, all prices are net, excluding taxes, VAT, and fees. These taxes and fees will be added to the invoice at the applicable rates. Unless agreed otherwise between the Buyer and the Seller, delivery prices will include loading and unloading costs, insurance, and customs duties borne by the Seller.
If there are offers preceding a given transaction without a specified validity period, the prices offered in such a transaction will remain valid for 14 days, provided that the payment terms outlined in the offer are adhered to.
If the Seller increases the prices of products offered to the Buyer after an offer has been made, the Seller has the right to adjust the prices accordingly with prior notice to the Buyer. In such a case, the Buyer may cancel their order within seven (7) days of receiving the notice, without liability on either side. If the Buyer accepts the new price within seven (7) days, it will be considered as agreed with all consequences.
Payment is considered made on the day the Seller's bank account is credited.
In the event of delayed payment, the Buyer will be required to pay interest for delay as applicable to tax arrears. The interest will be calculated from the due date until the date the Seller receives full payment, without prejudice to other rights of the Seller, such as recovering court and/or extrajudicial collection costs.
If the Buyer, while using deferred payment terms, delays payment or if their financial situation raises doubts about timely payment, the Seller has the right to suspend the delivery of goods despite prior confirmation of terms. In such a case, the Seller may revoke preferential payment terms granted to the Buyer.
If the Buyer does not pay the full amount due, the Seller will allocate payments to the earliest due amounts and invoices in order of issuance. If there are overdue ancillary obligations, they will be settled first.
The Buyer has no right to withhold payments. Offsetting claims is only possible if mutual claims are deemed undisputed or legally binding. The Seller is entitled to offset all their claims against the Buyer by utilizing any claims the Buyer has against the Seller.
If the Buyer does not object to the invoice within seven days of receipt, it will be considered approved by the Buyer.
Regarding partial deliveries, the Seller has the right to issue invoices for each such delivery upon demand for payment and issue partial invoices. The Buyer is obligated to pay such invoices under the terms of this agreement.
PRICES, PAYMENTS, AND SETTLEMENTS
Unless otherwise specified, all prices are net, excluding taxes, VAT, and fees. These taxes and fees will be added to the invoice at the applicable rates. Unless agreed otherwise between the Buyer and the Seller, delivery prices will include loading and unloading costs, insurance, and customs duties borne by the Seller.
If there are offers preceding a given transaction without a specified validity period, the prices offered in such a transaction will remain valid for 14 days, provided that the payment terms outlined in the offer are adhered to.
If the Seller increases the prices of products offered to the Buyer after an offer has been made, the Seller has the right to adjust the prices accordingly with prior notice to the Buyer. In such a case, the Buyer may cancel their order within seven (7) days of receiving the notice, without liability on either side. If the Buyer accepts the new price within seven (7) days, it will be considered as agreed with all consequences.
Payment is considered made on the day the Seller's bank account is credited.
In the event of delayed payment, the Buyer will be required to pay interest for delay as applicable to tax arrears. The interest will be calculated from the due date until the date the Seller receives full payment, without prejudice to other rights of the Seller, such as recovering court and/or extrajudicial collection costs.
If the Buyer, while using deferred payment terms, delays payment or if their financial situation raises doubts about timely payment, the Seller has the right to suspend the delivery of goods despite prior confirmation of terms. In such a case, the Seller may revoke preferential payment terms granted to the Buyer.
If the Buyer does not pay the full amount due, the Seller will allocate payments to the earliest due amounts and invoices in order of issuance. If there are overdue ancillary obligations, they will be settled first.
The Buyer has no right to withhold payments. Offsetting claims is only possible if mutual claims are deemed undisputed or legally binding. The Seller is entitled to offset all their claims against the Buyer by utilizing any claims the Buyer has against the Seller.
If the Buyer does not object to the invoice within seven days of receipt, it will be considered approved by the Buyer.
Regarding partial deliveries, the Seller has the right to issue invoices for each such delivery upon demand for payment and issue partial invoices. The Buyer is obligated to pay such invoices under the terms of this agreement.
DELIVERY AND GOODS COLLECTION
The Seller has the right to deliver goods in batches unless the Buyer explicitly objects to this method of delivery.
The delivery dates specified in the offer are not binding and are subject to change. Actual delivery dates are agreed upon by both parties and provided in the order confirmations.
The delivery date will be extended appropriately in the event of an obstacle that prevents or significantly hinders delivery for reasons beyond the Seller's control, such as fire, flood, equipment or transport failure, road blockages, holidays, unavailability of specific goods, or acts of public authorities. This applies regardless of whether such an obstacle affects the Seller or third parties, including suppliers and carriers. The same applies if an obstacle occurs during a delay in delivery. The Seller is entitled to promptly inform the Buyer about the occurrence and cessation of the obstacle and to set a new delivery date.
Unless otherwise agreed, the delivery of goods is made at the Seller's expense through a courier service or other means of transport. The Buyer is obliged to check the condition of the shipment and report any packaging or equipment damage to the courier at the time of receipt. The Buyer must notify the Seller of any damages, discrepancies in the quantity of delivered items, shortages, or surpluses within 3 days of receiving the goods. If the Buyer fails to report damages within the specified time, the Seller will not be liable for defects resulting from transportation damage.
WARRANTY
Electrons, hereinafter referred to as the "Guarantor," guarantees the quality and proper functioning of the delivered products, provided they are used in accordance with the user manual and properly maintained.
The Guarantor ensures the quality and proper functioning of the delivered products, provided they are used in accordance with the user manual and properly maintained. The quality warranty is valid for 24 months from the date of the warranty document and covers the removal of malfunctions caused by assembly defects or premature wear of components free of charge.
The warranty does not cover mechanical or chemical damage resulting from improper use, such as exceeding acceptable input voltage ranges, usage outside permissible operating temperature, humidity, or vibration conditions, as well as damage caused by improper storage, misuse, or accidental events. To avoid such damages, the user manual must be followed, equipment should be properly maintained, and used according to its intended purpose. This ensures long and trouble-free operation and prevents additional repair costs not covered by the warranty.
During the warranty period, products damaged due to customer fault will be repaired under post-warranty terms. In such cases, the customer must provide prior consent for repair costs.
The customer is obliged to immediately check the quality and functionality of the products upon receipt. If obvious defects are found, they must be reported in writing to the Guarantor within seven days of receiving the products.
For every sold product, the Guarantor includes a product card containing the order number and quality signature.
The Guarantor is committed to promptly addressing defects if warranty claims are deemed justified. In the event of replacing parts or the entire equipment with new ones, the warranty period does not restart and remains the same without extension.
For complaints, the customer must deliver the product to the Guarantor at their own cost, while the Guarantor will return the repaired product to the customer at their expense.
The Guarantor is not liable for damages or losses resulting from the inability to use the equipment during the repair period.
The Guarantor offers paid servicing for products exceeding the warranty period. For such repairs, the customer receives a 12-month warranty on replaced components starting from the repair date, subject to prior communication with the Guarantor.
The Guarantor reserves the right to replace damaged components with parts from a different brand, manufacturer, or type with similar or better technical specifications.
The Guarantor is not responsible for the loss of data on the hard drive or other data storage medium in equipment under warranty or out-of-warranty repair.
If the serial number (or Electrons sticker) is damaged, removed, or defaced, the warranty becomes void. The serial number is an essential part of the equipment and must not be removed or destroyed.
RETURN OF GOODS
The return of goods can only be accepted after prior agreement and approval by the Seller.
As a condition for accepting the return of goods, after prior approval, the returned products must remain in their original, unchanged state, without signs of use, and in their original packaging.
Products manufactured to a custom, personalized order are not eligible for return.
LIABILITY
The Seller shall not be held liable for any indirect or consequential damages resulting from delivery, including but not limited to: loss of profits, downtime costs, product or equipment failures, workplace accidents or third-party incidents, environmental hazards, etc. These damages shall not be grounds for claims or compensation requests against the Seller.
If the Buyer raises a claim regarding a defect in the goods, they must prove that the defect was not caused by improper operation or usage inconsistent with the product's intended purpose or the instructions/documentation provided by the Seller.
TECHNICAL INFORMATION
The dimensions, weight, capacity, technical specifications, features, and product configurations provided in catalogs, brochures, on the websites electrons.pl, mini-komputery.pl, przemyslowe-komputery.pl, and other technical materials are for informational purposes only and do not constitute a binding commitment unless explicitly accepted by the Seller.
WITHDRAWAL
The Seller is entitled to delegate the entire or partial fulfillment of orders to third parties and may transfer their rights and obligations, including the appointment of a substitute to execute the order.
Without obtaining the Seller's written consent, the Buyer may not transfer the contract or their related rights and obligations to third parties.
INSOLVENCY
If the Buyer declares bankruptcy, suspends payments, comes under the control of a trustee, or undergoes dissolution, liquidation, or the transfer of ownership of all or part of their assets, the Seller has the right to terminate the contract with the Buyer after prior written notice, regardless of any potential losses incurred by the Buyer.
PERSONAL DATA PROCESSING
The Buyer consents to the processing of their personal data for the purpose of fulfilling the contract during the cooperation period and for the duration of the limitation period for any potential claims related to contract execution. This is in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter referred to as "GDPR"), effective as of 25 May 2018.
The data controller is the Seller, Electrons Mateusz Lisik (registered office: ul. ks. Augustyna Kordeckiego 41, 98-400 Wieruszów); NIP 9970068173, REGON 100590694, email address: info@electrons.pl, and contact phone number: +48 663137219.
The Buyer has the right to access their personal data, request its correction, deletion, or restriction of processing. The Buyer also has the right to data portability, objection to processing, and withdrawal of consent for processing at any time.
To facilitate the execution of sales/delivery and/or service agreements, the Data Controller may use external service providers, such as providers of technical, IT, and organizational solutions, couriers, or payment processing entities. The Data Controller only uses processors that ensure appropriate technical and organizational measures to comply with GDPR requirements and protect the rights of the data subjects. Data is shared only when necessary for the purpose of personal data processing and only to the minimal extent required to achieve this purpose.
The Buyer's personal data will be processed for the period necessary to fulfill the sales/delivery and/or service agreement and to complete the order. Subsequently, the data will be retained for the period required for claims limitation. Prolonged retention of data by the Seller will only occur if required by applicable laws, such as the requirement to store tax documentation for a specified period.
Personal data will not be transferred to third countries or processed in an automated manner, including profiling.
FORCE MAJEURE
The Seller shall not be held liable for failure to perform or improper performance of the contract in the event of force majeure, understood in the broadest sense.
Force majeure shall include all circumstances beyond the Seller's control that may temporarily or permanently prevent the fulfillment of all or part of their obligations to the Buyer, regardless of whether they were foreseeable at the time of concluding the contract. Examples of such circumstances include: governmental actions, revocation of permits, company closures, war, threat of war, fires, transportation issues, accidents, labor unrest, lack of personnel, seizure of goods, failure to deliver samples, lack of third-party services, equipment failures, and material shortages. The Seller shall not be liable for failure to perform or improper performance of the contract due to force majeure.
If the Seller is forced to extend the delivery time due to force majeure, this will apply for the duration of the circumstance. The Seller also reserves the right to terminate the Contract in such cases. In the event of termination, the Seller is entitled to payment for partial deliveries made but is not obliged to pay any compensation for losses incurred by the Buyer.
LEGISLATION AND COMPETENT COURTS
All agreements covered by these GTCS and any disputes arising between the parties shall be resolved by the courts competent for the Seller's jurisdiction. However, the Seller reserves the right to initiate proceedings in another competent jurisdiction.
