Terms and Conditions of Cooperation

The General Terms and Conditions of Cooperation are binding between the Supplier and the Recipient from the moment the Recipient places an order. They cease to be binding only in the case of a separate agreement signed between the Supplier and the Recipient. All agreements and changes must be in written form, which includes letters or emails.

1. Offers

1.1 Only written offers shall be binding.

1.2 Order confirmation finalizes our offer for both parties.

1.3 VAT will be added separately.

1.4 The minimum order value is 1,000 Polish Zlotys net with free delivery.

1.5 The Recipient has the right to modify the order. However, all quantity and timing changes must be accepted by the Supplier.

1.6 The Supplier reserves the right to change the delivery cost in case of a sudden increase in production or other product-related costs.

2. Transport

2.1 The Supplier guarantees transportation organization for every order.

2.2 The Supplier covers transportation costs to the Recipient, except for orders below 1,000 Polish Zlotys net.

2.3 Products in transit are not insured. Upon the Recipient's request, the items can be insured at the Recipient's expense.

2.4 In most cases, delivery is made from the Manufacturer's warehouse. Ownership of the goods remains with the Supplier, Tomasz Miszczak Tableart Sp z o.o. s.k.

3. Delivery Time, Guarantee

3.1 Only a confirmed written delivery date is binding. The Recipient will be promptly notified in writing of any possible delivery delays.

3.2 The Recipient cannot claim damages from the Supplier in case of delivery absence or delay due to reasons beyond the Supplier's control, such as factory strikes, fire, extreme weather conditions, or force majeure.

3.3 If the events mentioned in 3.2 persist for more than 2 months, both parties have the right to cancel the order.

3.4 Storage of Ordered Products

    a) In case of a delay in product pickup by the Recipient, the Supplier will arrange for the storage of ordered products at the Recipient's expense and risk.

    b) The Supplier has the right to demand ongoing payments from the Recipient for the incurred storage costs.

4. Order Quantity

4.1 The Supplier is obligated to deliver the ordered quantity of products to the Recipient.

4.2 Differences in dimensions, weight, or color may occur due to the technological production process. If these differences do not significantly deviate from the standard product of the same type, the Recipient has no right to claim regarding these products.

4.3 The Supplier guarantees that the delivered products to the Recipient are free from legal defects.

5. Copyright

5.1 Manufacturers of products offered by the Supplier have full rights to the design and structure of each product they produce. Any copying of products is prohibited.

Using manufacturers' trademarks on advertising materials or any other medium requires prior written consent from the Supplier.

5.2 The Recipient is obliged not to disclose information received from the Supplier in the course of conducting business. This includes information regarding pricing policies, sales, marketing, product information, and any other information that may affect the Supplier's market position. In case of such a situation, the Supplier has the right to claim full compensation for the losses incurred in connection with this situation.

6. Packaging

The price includes gift packaging, if applicable.

Special packaging can be arranged for each series.

7. Complaints

7.1 Quantitative complaints must be reported no later than 1 day after receiving the delivery.

7.2 All quality complaints resulting from technological defects will be handled as follows:

    a) The Recipient sends 1 sample to the Supplier.

    b) The Supplier sends the sample to the Manufacturer's laboratory for a technological analysis of the product.

    c) If the Manufacturer accepts the complaint, the Supplier will replace technologically defective products at its own cost.

    d) If the Manufacturer deems the product to meet the Manufacturer's quality criteria, the complaint will not be accepted.

    e) The Supplier has a maximum of 60 days to resolve the complaint.

    f) The Supplier will not honor the warranty if the product is used contrary to its intended purpose, not following technical usage principles, or if it has been self-repaired or modified, e.g., marked.

8. Ownership of Products

The Supplier remains the owner of the product until full payment is received.

The Supplier may assert rights to products purchased by the Recipient even if other products delivered by the Supplier to the Recipient have not been paid for. Ownership rights to delivered products pass to the Recipient only after full payment for all deliveries from the Supplier.

9. Retention of Title

9.1 The Supplier agrees to provide necessary information about its activities and financial status.

9.2 In case of bankruptcy, court jurisdiction, or financial threats to the Recipient that suggest the Recipient may default on payment to the Supplier, the Recipient is obligated to immediately notify the Supplier. In such a situation, the Supplier reserves the right to immediately suspend deliveries to the Recipient. The Recipient has no right to make claims against the Supplier in such a case.

9.3 If the Recipient delays payments for more than 10 days, the Supplier has the right to suspend all deliveries. The Recipient is obligated to pay for any costs incurred due to suspended deliveries, e.g., storage costs

The Recipient cannot demand compensation for undelivered products.

The Supplier undertakes to store the products ordered by the Recipient properly.

9.4 The parties will strive to resolve disputes through negotiations.

In case of bringing a case to court, the competent court for resolving disputes is the Economic Court in Poznań.

10. Payment Terms

10.1 Payment terms are as stated on the invoice.

10.2 The Supplier reserves the right to change purchase conditions in the event of a risk of non-payment for products by the Recipient.

10.3 In cases of additional costs incurred by the Supplier, such as interest for late payment, the Supplier has the right to cover the additional costs first, and then apply the payment for the products.

Interest for late payment is calculated according to the statutory interest rate established by the Ministry of Finance for each calendar day of delay.

10.4 The Supplier has the right to make partial deliveries.

10.5 The Recipient agrees to the use of their data for data processing in accordance with GDPR.

10.6 In case of non-payment within the specified term, the Recipient acknowledges that they lose any previously obtained discounts specified in the agreement.

11. Scope of Activity

11.1 The Recipient is obliged to sell products within the agreed distribution channel with the Supplier.

11.2 If products are sold outside the territory of the Republic of Poland or through a different distribution channel, written consent from the Supplier is required.

12. Orders should be directed to:

ul.Kutrzeby 14/4
61-719 Poznań
[email protected]