GENERAL TERMS AND CONDITIONS OF AGREEMENT TULPLAST SOCHA SPÓŁKA KOMANDYTOWA WITH ITS REGISTERED OFFICE IN PACZKOWO ("GTC") EFFECTIVE AS OF 02.06.2025 (downloadable PDF version - download)
GENERAL TERMS AND CONDITIONS OF AGREEMENT TULPLAST SOCHA SPÓŁKA KOMANDYTOWA WITH ITS REGISTERED OFFICE IN PACZKOWO ("GTC") EFFECTIVE TO 01.06.2025 (downloadable PDF version - download)
GENERAL TERMS AND CONDITIONS OF AGREEMENT TULPLAST SOCHA SPÓŁKA KOMANDYTOWA WITH ITS REGISTERED OFFICE IN PACZKOWO ("GTC") EFFECTIVE AS OF 02.06.2025
I. COMMON DEFINITIONS
In the GTC and in the AGREEMENT, the expressions given below, in capital letters, shall have the following meanings:
1. SELLER - Tulplast Socha spółka komandytowa with its registered office in Paczkowo (62-021) at: ul. Wiosenna 27, entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000963210, tax ID: 7773015295, REGON: 300664890, BDO number:000009360; e-mail address: zamowienia@tulplast.pl; contact number: 61 8157 016 or +48 696 172 856.
2. BUYER - (1) CONSUMER; or (2) BUYER ENTREPRENEUR, or (3) ENTREPRENEUR WITH CONSUMER’S RIGHTS.
3. PARTIES - the SELLER and the BUYER collectively referred to as;
4. REQUEST FOR QUOTATION - the BUYER's request to the SELLER, in any form, in order to receive the SELLER's QUOTATION;
5. QUOTATION - a written or electronic statement of the SELLER communicated to the BUYER in response to an REQUEST FOR QUOTATION, constituting an QUOTATION within the meaning of the Civil Code;
6. ORDER - written or electronic: (a) the BUYER's statement of acceptance of QUOTATION or (b) the BUYER's statement of intent, including an QUOTATION to purchase, aimed directly at entering into an AGREEMENT.
7. CONFIRMATION OF ORDER - a statement by the SELLER, made at least in electronic form: (a) confirming the conclusion of the AGREEMENT or (b) confirming the acceptance of QUOTATION to purchase the GOODS made by the BUYER. Upon the submission of this statement, the conclusion of the AGREEMENT occurs.
8. AGREEMENT - an agreement concerning GOODS (e.g., a sales agreement or an agreement for delivery) concluded between the SELLER and the BUYER on the basis of the QUOTATION or the BUYER'S ORDER, of which the GTCs are an integral part.
9. CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (i.e. Journal of Laws of 2024, item 1796).
10. GOODS - an item or items of movable property, which are the subject of the AGREEMENT.
11. FORCE MAJEURE - any circumstances beyond SELLER's control, unknown at the time of conclusion of the AGREEMENT, and which arose at the time of execution of the AGREEMENT and affected its performance (including but not limited to acts of war, fire, flood, strikes, riots, roadblocks, government regulations directly affecting SELLER's operations or performance of the AGREEMENT).
12. CIVIL CODE - Act of April 23, 1964 Civil Code (i.e., Journal of Laws of 2024, item 1061, as amended).
13. BUYER WITH CONSUMER’S RIGHTS - CONSUMER and ENTREPRENEUR WITH CONSUMER’S RIGHTS.
14. ENTREPRENEUR WITH CONSUMER’S RIGHTS - a Buyer who is a natural person entering into an AGREEMENT directly related to his business activity, when the content of this AGREEMENT shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
15. BUYER - a natural person, a legal person and an organizational unit which is not a legal person, to which a separate act grants legal capacity, performing business activity on their own behalf, who uses the website, making a purchase at the SELLER directly related to their business or professional activity, and at the same time not being a CONSUMER.
16. CONSUMER - a natural person making a legal transaction with an entrepreneur that is not directly related to their business or professional activity (within the meaning of Article 22(1) of the CIVIL CODE).
II. GENERAL PROVISIONS
1. These GTCs define the rules of concluding AGREEMENTS for the sale of GOODS sold by Tulplast Socha spółka komandytowa, based in Paczkowo, with the reservation that these GTCs do not apply to sales made through the B2B platform available at www.b2b.tulplast.pl and the online store available at https://www.tulplast.pl - sales through the B2B platform and the online store are governed by the B2B platform regulations and the online store regulations, respectively.
2. The BUYER who places an ORDER with the SELLER accepts the GTCs.
3. The GTCs are available to the BUYER prior to the conclusion of the AGREEMENT:
a. at the registered office of the SELLER;
b. on the website www.tulplast.pl and can be downloaded and saved by the BUYER at any time.
4. Any oral agreements between the PARTIES shall be binding only upon confirmation by the PARTIES at least in documentary form under pain of nullity.
5. The GTCs shall apply to all AGREEMENTS entered into by the SELLER with the BUYER, unless otherwise provided by mandatory laws or individually agreed provisions of the AGREEMENTS.
6. The AGREEMENT may be concluded on terms and conditions agreed upon by the PARTIES deviating from the provisions of the GTCs, provided that they must be in writing, signed by the PARTIES and in full wording attached to the AGREEMENT under pain of nullity.
7. Information provided on the website of the SELLER, in catalogs, on leaflets, in advertisements and other publications does not constitute an QUOTATION within the meaning of the Civil Code, even if it is accompanied by a price. Publications concerning GOODS QUOTATIONed by the SELLER are for information purposes only, while samples and specimens displayed by the SELLER are for reference purposes only. The technical details provided in the publications are subject to change at any time with the continuous development and changes occurring in the technical industry.
8. Within the scope of the concluded AGREEMENTS, the SELLER reserves the ownership of GOODS with a net price of at least PLN 500 until the full price for the delivered GOODS is paid.
9. The invalidity or exclusion, including contractual, of any of the provisions of the GTCs shall not cause the invalidity or exclusion of the remaining provisions.
10. The PARTIES exclude the application of the Vienna Convention of April 11, 1980 on the International Sale of Goods.
III. ORDERING OF GOODS - QUOTATION MODE
1. A BUYER interested in purchasing GOODS from a SELLER shall submit a REQUEST FOR QUOTATION to the SELLER (specifically, this applies to the first three orders placed with the SELLER) alternatively:
a. in writing at the registered office of the SELLER,
b. by phone at 61 8157 016 or +48 696 172 856,
c. by e-mail (email: zamowienia@tulplast.pl),
d. by mail to the address: ul. Wiosenna 27, Paczkowo (62-021).
2. The REQUEST FOR QUOTATION should include, at a minimum:
a. BUYER'S data - data enabling identification of the BUYER, i.e. full name, first and last name, registered office or residential address, Tax ID, e-mail address, first and last name of the person representing the BUYER,
b. type (catalog code of GOODS) and quantity of GOODS they would like to purchase,
c. preferred method of pickup/delivery of GOODS,
d. any other information that allows you to specify the characteristics of the GOODS they intends to purchase.
If necessary, the SELLER shall contact the BUYER to make the aforementioned arrangements.
3. In response to the REQUEST FOR QUOTATION and after the clarification referred to in the paragraph above as to the GOODS the BUYER intends to purchase, the SELLER shall submit an QUOTATION to the BUYER. The QUOTATION may be submitted by e-mail, postal letter or courier service, specifying in particular:
a. the availability of GOODS or, alternatively, the time required to produce them,
b. unit price per GOOD net,
c. The expected date and terms of execution of the order,
d. payment terms,
e. place and conditions of delivery/collection of GOODS,
f. expiration date of the QUOTATION,
g. other information, in particular, regarding non-standard GOODS ORDERS, as referred to in Chapter VI of the GTCs.
4. Unless otherwise specified in the QUOTATION, the term of validity of the QUOTATION is 14 days from the date of its issuance.
5. During the validity period of the QUOTATION submitted by the SELLER, the BUYER may submit an ORDER (made in accordance with the BUYER's representation rules or by a person authorized by the BUYER to do so):
a. in writing at the registered office of the SELLER,
b. by e-mail (e-mail: zamowienia@tulplast.pl)
c. by mail to the address: ul. Wiosenna 27, Paczkowo (62-021),
- Referring to the quotation number. The conclusion of the AGREEMENT occurs when the BUYER submits the ORDER.
6. BUYER'S ORDERS containing changes from or supplementing the content of the SELLER'S QUOTATION shall be treated as a new REQUEST FOR QUOTATION, which shall require the preparation and submission of a new QUOTATION by the SELLER. In such case, the existing QUOTATION shall become invalid.
7. The SELLER shall send a CONFIRMATION OF ORDER to the BUYER after placing an ORDER. The CONFIRMATION OF ORDER shall contain at least:
a. net GOODS price,
b. the total value of the ordered GOODS net and gross,
c. term and conditions of execution of the ORDER,
d. payment terms,
e. place and conditions of delivery/collection of GOODS,
8. By submitting an ORDER, the BUYER declares that they have read and accepted the contents of the GTCs, which are an integral part of the AGREEMENT.
9. SELLER may withhold performance of the AGREEMENT in the event of:
a. doubts about the veracity of the data indicated by the BUYER in the REQUEST FOR QUOTATION,
b. failure to meet the payment terms established in the QUOTATION, such as: payment for the GOODS in the form of prepayment, payment of a deposit on the ORDER.
IV. ORDERING OF GOODS - OFFER TO BUY GOODS MADE BY THE BUYER
1. The BUYER, in permanent cooperation with the SELLER, may also make an ORDER without first submitting a REQUEST FOR QUOTATION to the SELLER. In such case, the BUYER'S ORDER shall be treated by the SELLER as an offer to purchase the GOODS.
2. The BUYER'S ORDER which is an QUOTATION to purchase GOODS shall include:
a. data enabling identification of the BUYER, i.e. e.g. full name, first and last name, registered office or residential address, VAT ID, e-mail address, first and last name of the person representing the BUYER,
b. type (catalog code of GOODS), price and quantity of GOODS they would like to purchase,
c. preferred method of pickup/delivery of GOODS,
d. choice of payment method.
3. ORDER which is an QUOTATION to buy GOODS can be placed by the BUYER:
a. in writing at the registered office of the SELLER,
b. by phone at 61 8157 016 or +48 696 172 856,
c. by e-mail (e-mail: zamowienia@tulplast.pl),
d. by mail to the address: ul. Wiosenna 27, Paczkowo (62-021).
4. The conclusion of the SALES AGREEMENT shall take place upon CONFIRMATION OF ORDER by the SELLER.
5. A CONFIRMATION OF ORDER referred to in paragraph 4 above means that the SELLER has received the ORDER and accepted it for execution. The submission of an ORDER by the BUYER does not bind the SELLER, and the absence of its response does not imply tacit acceptance of the ORDER.
6. The provisions of paragraphs 1-5 of the GTCs shall apply mutatis mutandis to ORDERS which are QUOTATIONs to purchase GOODS submitted by BUYERS.
V. CANCELLATION OF AN ORDER
Cancellation of an ORDER by the BUYER shall be possible no later than the next business day after the BUYER has submitted the ORDER, provided that the SELLER is notified in writing or electronically of the cancellation of the ORDER.
VI. TERMS OF PAYMENT
1. The prices of the GOODS are quoted by the SELLER in Polish zlotys (PLN) and are net prices (applicable to PRE-OWNER BUYERS) or gross prices (applicable to BUYERS UNDER CONSUMER RIGHTS). The PARTIES may agree on payment for the GOODS in another currency.
2. It is applicable to AGREEMENTS WITH BUYERS ENTREPRENEURS: standard and wholesale price list: for larger ORDERS, prices can be negotiated. Listed prices are net prices in PLN. The VAT currently in effect (23% as of the date of the GTC) should be added to them. The prices apply to the collective packages listed in the price list next to the GOODs (sale according to the algorithm from the largest to the smallest packages). Individual price list: for larger ORDERS, there is a possibility of price negotiation. Listed prices are net prices in PLN. VAT tax currently in force should be added to them. The prices apply to collective packages listed in the price list next to the GOODS (sale according to the algorithm from the largest to the smallest packages). The column "packaging" does not apply to prices marked in red. The number of pieces per package may be increased.
3. Price lists published on the Website do not constitute a QUOTATION within the meaning of Articles 66 and 66(1) of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2024, item 1061, as amended) and are for informational purposes only.
4. The price of the GOODS does not include the cost of delivery of the GOODS, which will be a separate item on the invoice, unless otherwise agreed by the PARTIES.
5. The BUYER may make payment to the SELLER as follows:
a. by bank transfer directly to the SELLER's bank account kept by mBank S.A. No: 28 1140 1124 0000 2700 8700 1001;
b. in cash at the registered office of the SELLER - provided that the value of the transaction does not exceed the maximum permissible value provided for in Article 19 item 2 of the Act of March 6, 2018 - Entrepreneur Law (i.e., Journal of Laws of 2024, item 236, as amended) (as of the date of the GTC, it is: PLN 15,000);
c. cash on delivery, cash into the hands of the carrier (at the time of collection of the GOODS) - provided that the value of the transaction does not exceed the maximum permissible value provided for in Article 19 item 2 of the Act of March 6, 2018 - Entrepreneurs' Law (i.e. Journal of Laws of 2024, item 236, as amended) (as of the date of the GTC, it is: PLN 15,000).
6. The day on which the amount in question is credited to the SELLER's bank account or the day on which the payment is made in cash shall be considered the day of payment.
7. Unless otherwise agreed by the PARTIES, the BUYER shall pay for the GOODS the price specified by the SELLER in the invoice, within the time limit indicated in the invoice. If the payment term is not indicated in the invoice, then the payment term is 14 days counting from the date of the invoice.
8. The SELLER may require the BUYER to prepay 100% of the gross amount for the ordered GOODS, which shall be payable within 48 hours from the SELLER'S CONFIRMATION of the ORDER. In such case, the AGREEMENT shall be concluded only after the BUYER has paid the total amount.
9. The SELLER reserves the right to require the BUYER to prepay 100% of the gross amount of the invoice for the ordered GOODS, in particular in case of:
a. the first three ORDERS submitted to the SELLER,
b. payment delays of at least 90 days or failure to pay amounts due under previously concluded AGREEMENTS.
10. The SELLER reserves the right to demand a down payment from the BUYER. The amount of the down payment shall be specified by the SELLER in the QUOTATION and then in the CONFIRMATION OF ORDER.
11. If the BUYER selects the payment method on delivery (cash on delivery), the BUYER shall pay the amount due at the time of receipt of the ordered GOODS.
12. Failure to pay the amount due within the period agreed upon between the PARTIES shall entitle the SELLER to:
a. interruption of supply of GOODS or withholding of accepted ORDERS,
b. set off the amounts against any amounts due to the BUYER from the SELLER,
c. credit the SELLER's current payments to the BUYER, even if such amounts relate to the performance of other agreements or obligations.
13. Filing a complaint does not relieve the BUYER from the obligation to make payment for the GOODS within the agreed time limit.
VII. ORDER COMPLETION TIME
1. The time of receipt of GOODS consists of the processing time of the ORDER and the delivery time, which vary depending on the choice of payment method, delivery method and place of delivery.
2. The execution time of an ORDER (preparation of GOODS for shipment or collection) shall be within the time limit indicated in the ORDER CONFIRMATION. If no deadline is indicated, the execution time of ORDERS as a rule is:
a. in the case of cash on delivery payment - up to 3 working days from the date of ORDER CONFIRMATION,
b. in case of prepayment - up to 3 working days from the date of registration of receipt of payment on the SELLER's account,
subject to paragraph 3 below; (the aforementioned deadlines for the execution of an ORDER shall not include the day on which the SELLER has sent the BUYER the ORDER CONFIRMATION).
3. In the event that it is not possible to execute the ORDER within the above-mentioned deadlines, the SELLER shall inform the BUYER, by e-mail or telephone, indicating a possible deadline for the execution of the ORDER. In such case, the BUYER, at its option, may either accept the proposed deadline for the execution of the ORDER or cancel the ORDER or a part thereof within 2 Business Days, under pain of execution of the ORDER on the date modified by the SELLER. Cancellation of an ORDER or part of an ORDER shall be tantamount to withdrawal from the AGREEMENT or part thereof and shall be sent to the SELLER at the electronic address: zamowienia@tulplast.pl.
VIII. DELIVERIES
1. If insurance is requested for the GOODS for transit or shipment, the cost of insurance shall be borne by the BUYER.
2. Possible forms of delivery of GOODS:
a. the BUYER shall pick up the GOODS from the SELLER's warehouse/site with its own transportation on business days, during the SELLER's working hours, after prior confirmation that the GOODS are ready for pick-up;
b. the SELLER shall arrange transportation of the GOODS at the expense of the BUYER;
c. delivery at the expense of the BUYER.
3. In case the PARTIES agree on a form of delivery of the GOODS other than collection of the GOODS from the warehouse/site of the SELLER by the BUYER with its own transport, the costs of delivery of the GOODS to the address specified by the BUYER in the ORDER, the PARTIES shall determine individually.
4. If the GOODS are shipped to the BUYER via a carrier, the carrier's liability for the GOODS shall commence upon the SELLER's submission of the shipment with GOODS for transportation. The SELLER shall not be liable for any damage to the GOODS in transit, especially if the BUYER fails to comply with all formal requirements for receipt of a damaged shipment, fails to write a damage report upon receipt of the GOODS and fails to file a claim directly with the carrier. The SELLER shall not be liable for any delay in the delivery of the GOODS caused by reasons attributable to the carrier.
5. If the BUYER collects the GOODS from the SELLER's warehouse with its own transportation, the liability for damage to or loss of the GOODS shall pass to the BUYER on the date the GOODS are released from the SELLER's warehouse.
6. Delivery dates resulting from agreements between the PARTIES, are subject to change in case of events for which the SELLER is not responsible.
7. In the event that the BUYER fails to take delivery of the GOODS, the SELLER may set an additional time limit for the BUYER to take delivery of the GOODS. If the BUYER fails to collect the GOODS within the additional period set by the SELLER, the SELLER may withdraw from the AGREEMENT. The declaration of withdrawal from the AGREEMENT may be submitted by the SELLER within 90 days, calculated from the date of the originally scheduled delivery of the GOODS.
8. Withdrawal from the AGREEMENT referred to in Section 7 above shall be effected by submitting a statement of intent to withdraw to the BUYER's mailing or e-mail address within the indicated time limits. In such case, the AGREEMENT shall be considered not concluded. The parties are obliged to immediately return to each other everything they have provided under the AGREEMENT.
9. In the event of withdrawal from the agreement referred to in paragraph 7 above, the BUYER may be charged to the SELLER with a contractual penalty in the amount calculated as equivalent to 100% (one hundred percent) of the gross price of the GOODS covered by the BUYER'S unclaimed ORDER.
10. The stipulation of the above contractual penalty shall not exclude the possibility of the SELLER to claim compensation on general terms, in an amount exceeding the amount of the contractual penalty specified in paragraph 9 above.
IX. CHARACTERISTICS OF GOODS
1. Descriptions of the GOODS and its basic characteristics can be found on the subpage concerning the GOODS at www.tulplast.pl, hereinafter referred to as "DESCRIPTION".
2. The BUYER may obtain detailed information regarding the GOODS by contacting the SELLER, hereinafter referred to as "INFORMATION".
3. In case of doubt, it is assumed that the SELLER does not ensure that the GOODS have the given properties if they are not expressly indicated in their DESCRIPTION or INFORMATION.
4. For the avoidance of doubt, it is understood that GOODS, unless otherwise indicated in their DESCRIPTION or INFORMATION, are not intended for use in extreme conditions.
5. For the avoidance of doubt, it is understood that GOODS, unless otherwise indicated in the DESCRIPTION or INFORMATION, are not intended for outdoor use.
6. The purchase of GOODS with other parameters or properties than those indicated in the DESCRIPTION or in the INFORMATION is possible only through an additional agreement concluded separately with the SELLER.
7. In the case of a special order requiring additional expenses to be incurred by the SELLER, in particular the manufacture of a mold, or the purchase of machinery, the BUYER shall be obliged to order the minimum quantity of GOODS specified by the PARTIES, or to pay additional costs related to the ORDER, detailed in detail in the QUOTATION.
X. WARRANTY
1. The SELLER provides a warranty on the GOODS.
2. The warranty period is 12 months from the date of delivery of the GOODS, unless otherwise agreed by the PARTIES.
3. The warranty is valid in the territory of the Republic of Poland and may be extended under additional conditions.
4. The SELLER shall undertake towards the BUYER, at its option, to remedy the nonconformity of the GOODS with the AGREEMENT or to deliver GOODS conforming to the AGREEMENT.
5. The SELLER shall only be liable for nonconformity of the GOODS with the AGREEMENT, which are caused by the proper use of the GOODS. In case of doubt, the proper use of the GOODS shall be deemed to be the normal use of the GOODS in accordance with its intended use and the terms and conditions specified by the SELLER in the instructions attached to the GOODS and in Section VIII of the GTC.
6. The warranty does not cover:
a. damage or destruction of GOODS if caused by improper use and improper installation,
b. GOODS that, even in part, have been manufactured from materials or to specifications provided by the BUYER,
c. damage occurring as a result of normal wear and tear of the GOODS or FORCE MAJEURE,
d. repair/replacement of the GOODS with new ones, where repairs or modifications have been made on the GOODS by an entity other than SELLER, unless made with SELLER's prior consent.
7. In order to make use of the warranty, the BUYER shall notify the SELLER of the nonconformity of the GOODS with the AGREEMENT within 7 days from the discovery of the nonconformity of the GOODS with the AGREEMENT, under penalty of forfeiture of warranty rights.
8. Warranty claims should be sent to the SELLER's address: Tulplast Socha spółka komandytowa, ul. Wiosenna 27, 62-021 Paczkowo, or to the following email address: reklamacje@tulplast.pl.
9. When it is necessary to assess the existence of non-conformity of the GOODS with the AGREEMENT at the same time as filing a report of non-conformity of the GOODS with the AGREEMENT, the claimed GOODS shall be delivered to the SELLER's address.
10. The SELLER has 14 days to consider the complaint. The BUYER is informed about the consideration of the complaint by e-mail, telephone or in writing.
XI. INTELLECTUAL PROPERTY RIGHTS
Drawings, documentation and information of a technical nature provided to the BUYER together with the GOODS, shall remain the property of the SELLER and may not, without their consent, be used for purposes other than those for which they were provided, including copying and reproduction. In case of violation of the prohibition referred to above, the BUYER shall pay to the SELLER a contractual penalty in the amount of PLN 10,000.00 for each violation. The stipulation of a contractual penalty does not exclude the SELLER's right to claim additional compensation on general terms.
XII. PERSONAL DATA
1. The administrator of the BUYERS' personal data and personal data of the BUYERS' representatives is Tulplast Socha sp. k. with its registered office in Paczkowo (62-021) at ul. Wiosenna 27, entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000963210, tax ID: 7773015295, REGON: 300664890.
2. The Administrator may process the following personal data of BUYERS: name and surname; e-mail address; contact telephone number; delivery address (street, house number, apartment number, postal code, city, country), residence/business/site address (if different from delivery address), company name and tax identification number (NIP).
3. Provision by the BUYER of the personal data referred to in the paragraph above is necessary for the conclusion and execution of the AGREEMENT.
4. Personal data of BUYERS and personal data of BUYERS' representatives shall be processed by the SELLER for the following purposes: execution of the concluded AGREEMENT, in particular operational execution of the ORDERS, shipment or delivery of ordered GOODS, fulfillment of obligations resulting from granted guarantees, claiming receivables and exercising other rights as well as contractual obligations and those resulting from binding acts, effective conclusion of the AGREEMENT as well as its documentation and settlement pursuant to applicable laws, including tax and accounting laws and fulfillment of legal obligations incumbent on the SELLER as a data controller, contacting the BUYER or BUYER's representative, in particular for the purpose related to execution of the AGREEMENT.
5. Where applicable, the SELLER may transfer the data of BUYERS and their representatives:
a. persons authorized by the SELLER, its employees and associates who need to access the data to perform their duties,
b. processors to whom the SELLER subcontracts this task, including third parties participating in the process of execution of the AGREEMENT, for the purpose of proper execution of the AGREEMENT, such as logistics companies, companies operating ICT systems or providing ICT tools and server space, companies providing consulting services,
c. other entities that will process personal data as an independent data controller: e.g. courier companies for the purpose of shipping,
d. public entities, if this will result from an obligation imposed by law.
6. The personal data of the BUYERS and their representatives will be processed by the SELLER for the period necessary for the performance of the AGREEMENT, as well as for the period provided for by applicable laws, primarily taking into account the statute of limitations for claims arising from civil law relations.
7. The data that the SELLER processes on the basis of a legitimate interest will be processed until the BUYER or their representatives file a potential objection or until the processing of personal data is no longer necessary to achieve the purpose for which the data is processed, and also when the given purpose of processing is achieved and completed.
8. The personal data of BUYERS and BUYERS' representatives will be processed by the SELLER for the period necessary for the execution of the AGREEMENT and as provided by applicable laws.
9. Each BUYER or BUYER's representative who has provided their personal data to the SELLER, within the limits of the law and if applicable, has the right to:
a. access to the content of their data and their rectification, deletion or restriction of processing and portability of their data,
b. in situations where the SELLER processes the data of the BUYER or the BUYER's representatives on the basis of, the right to revoke it at any time, but this will not affect the legality of the processing performed on the basis of the consent given before its revocation,
c. object at any time to the processing of personal data based on the legitimate interests of the SELLER for reasons related to the specific situation of the BUYER or BUYER's representatives. In such a situation, we will no longer process the personal data for the relevant purpose unless we demonstrate the existence of valid legitimate grounds for the processing overriding the interests, rights and freedoms or grounds for establishing, asserting or defending the claims of the BUYER or the BUYER's representatives.
d. lodge a complaint with the President of the Data Protection Authority when the BUYER or the BUYER's representative considers that the processing of its personal data violates the provisions of the GDPR.
10. The BUYER or BUYER's representative can realize their rights by sending an email to: sklep@tulplast.pl. Personal data of BUYERS and BUYERS' representatives are not shared with other entities for marketing purposes.
XIII. SCOPE OF RESPONSIBILITY
1. The SELLER shall not be liable for failure to perform or improper performance of the AGREEMENT in the event that it is caused by FORCE MAJEURE. In the event of an event caused by FORCE MAJEURE, the SELLER undertakes to notify the BUYER immediately in order to make a joint decision on further performance of the AGREEMENT.
2. The SELLER shall be liable for non-performance or improper performance of the AGREEMENT only in case of intentional damage and within the limits of the actual losses incurred by the BUYER.
3. The SELLER shall not be liable for delays in the execution of the ORDER caused by circumstances concerning the SELLER's contractors (in particular, suppliers, carriers, forwarders) or circumstances for which the BUYER is responsible. In the event of the circumstances referred to above, the term of execution of the ORDER shall be extended by the duration of such circumstances.
4. With respect to the BUYER, pursuant to Article 558 § 1 of the Civil Code, the SELLER's liability under warranty for defects in the GOODS and the conformity of the GOODS to the AGREEMENT is excluded.
5. If a third party makes any claim against the BUYER which may be in connection with the GOODS sold to the BUYER by the SELLER or with the products for the manufacture of which the GOODS sold to the BUYER by the SELLER were used, the BUYER shall immediately notify the SELLER allowing the SELLER to participate in the proceedings related to the claims of such person, under penalty of exclusion of any liability of the SELLER related to such claims.
6. The SELLER shall not be liable for the use of the GOODS contrary to their intended use or properties, or for the lack of properties of the GOODS not expressly assured in accordance with Section IX of the GTCs.
7. The SELLER shall not be liable for the BUYER's or any subsequent user's failure to comply with the safety rules required for a given type of activity, or for the assembly or use of the GOODS or handling them in a manner inconsistent with the principles of technical knowledge in a given field, unless such actions are undertaken by the SELLER or an entity acting on the SELLER's instructions.
XIV. GOVERNING LAW
In matters not regulated in the GTCs, the applicable provisions of Polish law, in particular the Civil Code, shall apply. The AGREEMENT is concluded on the basis of Polish law and should be interpreted in accordance with it - subject to Article 6 of the Regulation of the European Parliament and of the Council (EC) No 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
XV. JURISDICTION
1. Any disputes related to the GTCs or the AGREEMENT will be resolved amicably in the first instance.
2. If no agreement is reached within 30 calendar days from the date of notification of the occurrence of a dispute by one of the PARTIES, all disputes related to the GTCs or the AGREEMENT shall be settled by the common court with jurisdiction over the registered office of the SELLER. The Polish courts shall have exclusive jurisdiction in matters relating to the GTC or the AGREEMENT.
XVI. CONSUMER STATUS
The following provisions of the GTCs shall not apply to AGREEMENTS with BUYERS WITH CONSUMER RIGHTS: Section XV, paragraph 2, Section XIII, paragraphs 2-5, Section XIII, paragraph 6 regarding the properties of GOODS, Section XI regarding the contractual penalty, Section VIII, paragraphs 9-10, Section VIII, paragraph 4, Section VI, paragraph 13.
XVII. WITHDRAWAL FROM THE AGREEMENT BY THE BUYER WITH CONSUMER’S RIGHTS
1. The provisions of this paragraph apply only to the BUYER WITH CONSUMER’S RIGHTS.
2. BUYER WITH CONSUMER’S RIGHTS shall have the right, pursuant to Article 27 and Article 7aa of the CONSUMER RIGHTS ACT, to withdraw from the AGREEMENT, as from an agreement concluded remotely, without stating a reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the CONSUMER’S RIGHTS ACT.
3. The deadline for withdrawal is 14 days from the date of delivery of the GOODS, and to meet the deadline it is sufficient to send a statement of withdrawal from the AGREEMENT to the SELLER before the expiration of the aforementioned period. The deadline for withdrawal from the AGREEMENT is calculated from the day following the day of delivery of the ordered GOODS.
4. The declaration of withdrawal may be sent by traditional mail or electronically by sending the declaration to the SELLER's e-mail address at the address specified in point I of these GTCs. The declaration may be made on the form, the template of which is attached as Appendix 1 to these GTCs, but it is not mandatory.
5. If the statement is sent by the BUYER WITH CONSUMER'S RIGHTS by electronic means, the SELLER shall immediately send the BUYER WITH CONSUMER'S RIGHTS a confirmation of receipt of the statement of withdrawal from the AGREEMENT to the provided e-mail address.
6. Effects of withdrawal from the AGREEMENT:
a. The SELLER shall return to the BUYER WITH CONSUMER'S RIGHTS immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the AGREEMENT, all payments made, using the same methods of payment that were used by the BUYER WITH CONSUMER'S RIGHTS in the original transaction, unless the BUYER WITH CONSUMER'S RIGHTS expressly agreed to a different solution that will not incur any costs for them;
b. The SELLER shall refund the payment within 14 days from the date of receipt of the declaration of withdrawal from the AGREEMENT, but may withhold the refund of such payments until it has received the GOODS or until it has provided the SELLER with proof of return, whichever event occurs first;
c. BUYER WITH CONSUMER'S RIGHTS shall return the GOODS to the SELLER at its own cost and risk - immediately, but not later than within 14 days from the day on which it has withdrawn from the AGREEMENT, and to meet the deadline it is sufficient to send back the GOODS before its expiration. The BUYER WITH CONSUMER'S RIGHTS shall bear all direct costs of returning the goods to the SELLER (including the costs of packaging, protection, delivery, shipping of the GOODS to the SELLER);
d. in the event of withdrawal from the AGREEMENT, the AGREEMENT shall be considered not concluded.
7. Returned GOODS will be accepted if they are sent back fully complete and the GOODS itself is undamaged. In order to expedite verification of the procedure for withdrawal from the AGREEMENT, the SELLER recommends that the return be accompanied by proof of purchase of the GOODS from the SELLER (e.g. original receipt).
8. THE BUYER WITH CONSUMER'S RIGHTS shall be liable for any diminution in the value of the GOOD, including its packaging resulting from its use beyond what is necessary to ascertain the nature, characteristics and functioning of the GOOD.
9. The right to withdraw from the AGREEMENT is not granted to THE BUYER WITH CONSUMER'S RIGHTS in the cases specified in Article 38 of the ACT ON CONSUMER'S RIGHTS, and in particular with regard to the AGREEMENTS:
a. for the provision of services for which the BUYER WITH CONSUMER'S RIGHTS is obliged to pay the price, if the SELLER has performed the service in full with the express and prior consent of the BUYER WITH CONSUMER'S RIGHTS, who was informed before the performance that after the performance by the SELLER they will lose the right to withdraw from the AGREEMENT, and accepted it;
b. in which the object of performance is a GOOD that is not prefabricated, produced according to the specifications of the BUYER WITH CONSUMER'S RIGHTS or serving to meet their individualized needs;
c. in which the subject of performance is a GOOD delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
d. in which the object of performance is GOODS, which after delivery, due to their nature, become inseparably connected with other GOODS;
e. concluded through a public auction.
XVIII. SELLER'S LIABILITY
1. The SELLER shall be liable to the BUYER ENTREPRENEUR for defects of the GOODS (physical defects and legal defects) pursuant to the principles set forth in the CIVIL CODE with modifications described in the GTCs, in particular in point XIII. This provision does not apply to consumers and ENTREPRENEURS ON CONSUMER RIGHTS.
2. The SELLER shall be liable to the BUYER WITH CONSUMER'S RIGHTS for any nonconformity of the GOODS with the AGREEMENT, pursuant to the principles set forth in Chapter 5a of the ACT ON CONSUMER'S RIGHTS. The SELLER shall be liable to the BUYER WITH CONSUMER'S RIGHTS for any nonconformity of the GOODS with the AGREEMENT existing at the time of delivery of the GOODS and disclosed within two years after delivery of the GOODS.
3. In case of non-conformity of the GOODS with the AGREEMENT, the BUYER WITH CONSUMER’S RIGHTS may:
a. demand repair of the GOOD or replacement of the GOOD, whereby:
i. The SELLER may make a replacement when the BUYER WITH CONSUMER’S RIGHTS requests a repair, or the SELLER may make a repair when the BUYER WITH CONSUMER’S RIGHTS requests a replacement if bringing the GOODS into conformity with the AGREEMENT in the manner selected by the BUYER WITH CONSUMER’S RIGHTS is impossible or would require excessive costs for the SELLER; if repair and replacement are impossible or would require excessive costs for the SELLER, the SELLER may refuse to bring the GOODS into conformity with the AGREEMENT;
ii. in the situation of repair or replacement of the GOODS, the SELLER shall repair or replace the GOODS within a reasonable time from the moment it was informed by the BUYER WITH CONSUMER’S RIGHTS of the nonconformity of the GOODS with the AGREEMENT and without undue inconvenience for the BUYER WITH CONSUMER RIGHTS, taking into account the specific nature of the GOODS and the purpose for which the BUYER WITH CONSUMER’S RIGHTS purchased it; the costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials shall be borne by the Seller;
iii. BUYER WITH CONSUMER’S RIGHTS shall make available to SELLER the Goods subject to repair or replacement; SELLER shall collect the Goods from BUYER WITH CONSUMER’S RIGHTS at its expense;
iv. if the GOODS have been assembled before the nonconformity of the GOODS with the AGREEMENT becomes apparent, the SELLER shall disassemble the GOODS and reassemble them after repair or replacement, or shall have these operations performed at its expense;
v. THE BUYER WITH CONSUMER’S RIGHTS shall not be obliged to pay for the mere use of GOODS subsequently exchanged by the SELLER;
b. make a statement on price reduction or make a statement on withdrawal from the Sales Agreement, when:
i. the SELLER has refused to bring the GOODS into compliance with the AGREEMENT in accordance with paragraph 3(a) above;
ii. the SELLER has failed to bring the GOODS into compliance with the AGREEMENT in accordance with paragraph 3(a)(ii.-iv. above;
iii. the lack of conformity of the GOODS with the AGREEMENT persists despite the fact that the SELLER has attempted to bring the GOODS into conformity with the AGREEMENT;
iv. the lack of conformity of the GOODS with the AGREEMENT is so significant as to justify either a reduction in price or withdrawal from the AGREEMENT without first resorting to the protections set forth in paragraph 3(a) above;
v. it is clear from the SELLER's statement or circumstances that the SELLER will not bring the GOODS into conformity with the AGREEMENT within a reasonable time or without undue inconvenience to the BUYER WITH CONSUMER'S RIGHTS.
4. The BUYER WITH CONSUMER'S RIGHTS may not withdraw from the AGREEMENT if the lack of conformity of the GOODS with the AGREEMENT is insignificant.
5. If the nonconformity of the GOODS with the AGREEMENT applies only to certain GOODS delivered under the AGREEMENT, the BUYER WITH CONSUMER’S RIGHTS may withdraw from the AGREEMENT only with respect to such GOODS, as well as with respect to other GOODS acquired by the BUYER WITH CONSUMER’S RIGHTS together with the nonconforming GOODS, if the BUYER WITH CONSUMER’S RIGHTS cannot reasonably be expected to agree to retain only the GOODS that conform to the AGREEMENT.
6. In the event of withdrawal from the AGREEMENT, the BUYER WITH CONSUMER’S RIGHTS shall immediately return the GOODS to the SELLER at the SELLER's expense. In such situation, the SELLER shall return the payment for the GOODS to the BUYER WITH CONSUMER’S RIGHTS no later than within 14 days from the date of receipt of the GOODS or proof of their return.
7. The SELLER shall return to the BUYER WITH CONSUMER”S RIGHTS the amounts due as a result of the BUYER WITH CONSUMER’S RIGHTS exercising its right to reduce the price, no later than within 14 days from the date of receipt of the BUYER WITH CONSUMER’S RIGHTS statement on price reduction.
8. The SELLER shall refund the payment for the GOODS using the same method of payment used by the BUYER WITH CONSUMER’S RIGHTS, unless the BUYER WITH CONSUMER’S RIGHTS has expressly agreed to a different method of refund that does not involve any costs for the BUYER.
9. The SELLER shall not be liable for the lack of conformity of the GOODS with the AGREEMENT if the BUYER, at the latest at the time of conclusion of the AGREEMENT, has been expressly informed that a specific feature of the GOODS deviates from the requirements of conformity with the AGREEMENT and has expressly and separately accepted the lack of a specific feature of the GOODS.
10. The reported non-conformity of the GOODS with the AGREEMENT will be considered within 14 days from its transmission to the SELLER. Information about the result of the complaint consideration will be sent on paper or on another durable medium - using the e-mail address of the BUYER WITH CONSUMER'S RIGHTS. Failure to respond within the indicated period of time will be considered as a positive consideration of non-compliance of the GOOD with the AGREEMENT.
11. In the event that a warranty is provided for the GOODS, information about the warranty, as well as its content, will be included next to the description of the GOODS on the SELLER's website.
XIX. VALIDITY OF THE GTC
1. The GTCs enter into force on June 2, 2025 and apply to AGREEMENTS entered into after that date.
2. The SELLER reserves the right to amend the GTCs, which it may do at its sole discretion at any time by publishing amendments to the GTCs on the website www.tulplast.pl and making them available at the registered office of the SELLER. Amendments to the GTCs shall not apply to AGREEMENTS entered into prior to the effective date of the amendment.
XX. APPENDICES
The Appendix to the GTC constitutes its integral part. The Appendix to the Agreement is: Appendix No. 1 – DRAFT WITHDRAWAL FORM.
APPENDIX NO. 1 – DRAFT WITHDRAWAL FORM
DRAFT WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the AGREEMENT)
Tulplast Socha spółka komandytowa
ul. Wiosenna 27,
62-021 Paczkowo
I hereby inform you of my withdrawal from the sales agreements of the following items:
___________________________________________________________________________________________
___________________________________________________________________________________________
agreement for the following service:
___________________________________________________________________________________________
Date of conclusion of the agreement____________________________________________________
Name of the consumer(s)
___________________________________________________________________________________________
Address of the consumer(s)
___________________________________________________________________________________________
Consumer's signature (only if the form is sent on paper)
___________________________________________________________________________________________
Date_____________________________
This document is for informational purposes only and has no binding legal force. Only the provisions of the general terms and conditions of the agreement contained in the Polish language version available on the Polish version of the website are legally binding.