TERMS AND CONDITIONS OF SALE OF GTV POLAND JOINT STOCK COMPANY FOR BUSINESS CUSTOMERS
§1 Definitions
Terms and Conditions – these terms and conditions, setting out the rules for the sale of Products by the Seller.
Seller – GTV Poland spółka akcyjna with its registered office in Pruszków (05-800) at ul. Przejazdowa 21, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 14th Commercial Division under KRS number 0000938133, NIP: 5342505912; BDO registration number: 000046387.
Buyer – a legal person, an organisational unit without legal personality, with legal capacity or a natural person conducting business activity, concluding a Sales Agreement for the purpose related to his/her business or professional activity, when the Agreement has a professional character for him/her, who concludes a Sales Agreement with the Seller by placing an order by phone, at the Seller’s sales representative, via e-mail or EDI, B2B platforms.
Products – goods offered by the Seller;
Sales contract – a contract concluded between the Seller and the Buyer, whereby the Buyer purchases a Product from the Seller against payment of a specified price;
Electronic services – the services provided by the Seller to the Buyer as described in § 3.1 of the Terms and Conditions;
Newsletter – a service described in § 10 of the Terms and Conditions consisting of the provision by the Seller to the Buyer of an electronic newsletter containing information about products and services provided by the Seller;
Civil Code – the Act of 23 April 1964. Civil Code (i.e. of 16 May 2019, Journal of Laws 2019, item 1145)
§2 General provisions
The Terms and Conditions set out the rules for purchasing Products in the case of orders placed by email, telephone, EDI platforms, B2B or directly with the Seller’s sales representatives. The Terms and Conditions do not apply to orders placed via the Seller’s online shop or via electronic sales platforms (marketplace, allegro, amazon, etc.).
In the event that separate regulations have been introduced at the Seller for a particular method of ordering referred to in section 1 above, these Terms and Conditions shall apply to matters not covered by the regulations dedicated to ordering using that method.
The Terms and Conditions are intended exclusively for buyers with entrepreneurial status.
The Buyer is obliged to read the Terms and Conditions before making a purchase from the Seller.
The Terms and Conditions are made available to the Buyer free of charge via the website www.gtv.com.pl in a form that allows it to be downloaded, saved and printed.
§3 Provision of Electronic Services
The Seller provides the following electronic services by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended):
the service of concluding distance sales contracts (including the submission and processing of complaints);
Newsletter service, as described in § 10 of the Terms and Conditions.
Electronic services are provided free of charge.
In order to provide Electronic Services, a contract for the provision of Electronic Services is concluded between the Buyer and the Seller.
§4 Rules for ordering and purchasing Products
Placing an order requires in particular the selection of the Product, its type, quantity and form of delivery.
The Buyer has the option of placing an order for Products by telephone, email, EDI platforms, B2B and directly with the Seller’s sales representatives.
Once an order has been placed, the Buyer receives an order confirmation from the Seller at the e-mail address provided by the Buyer.
Immediately after placing the order by the Buyer, the Seller verifies the correctness of the data provided in the order and the Buyer’s data. For this purpose, the Seller may contact the Buyer.
If the order has been correctly placed by the Buyer, the Seller accepts the order by sending a message to the Buyer’s e-mail address provided in the order, specifying the expected order processing time.
In the event of errors in the order or in the Buyer’s data, the Seller shall attempt to contact the Buyer in order to correct them. If the Buyer cannot be contacted or the errors cannot be corrected, the Seller may cancel the order, if possible, informing the Buyer. If the Buyer has paid the price, the Seller will refund the prepayment made within 14 days of the cancellation of the order.
If online payment is selected as the preferred payment, the order acceptance referred to in paragraph 5 above shall take place after the payment is credited to the Seller’s account.
The Contract of Sale is concluded when the Seller accepts the Buyer’s order in accordance with the above provisions.
The Buyer may cancel the order until the Seller has confirmed the order and accepted it for processing (in accordance with section 5 above), by sending an e-mail to the Seller’s e-mail address or by contacting the hotline.
§5 Payment methods and terms
The forms and terms of payment are defined in separate commercial contracts between the Seller and the Buyer.
Prepayment is the valid form of payment:
w momencie rozpoczęcia współpracy, przy co najmniej trzech pierwszych zamówieniach.
at the start of the cooperation, with at least the first three orders.
in cases of individual agreements between the buyer and the seller.
§6 Order fulfillment and Product delivery
The order placed by the Buyer is processed by shipping the Products to the address provided by the Buyer when placing the order via courier companies cooperating with the Seller or using the Seller’s transport.
The time, cost and method of delivery of the Products will be determined individually when placing the order.
The Seller begins to process the order placed by the Buyer immediately after sending the order confirmation to the provided e-mail address.
In the case of prepaid orders, the order will be processed no earlier than after the Buyer’s payment has been recorded.
The delivery time of the Products takes place within the period specified in the regulations of the entity performing the delivery (courier company).
The delivery cost is borne by the Buyer, unless the Seller specifies otherwise when placing the order or the commercial contract concluded with a given Buyer contains different provisions.
The cost of Product delivery depends on the method of delivering the Products, the selected payment method, the value of the order and its size.
The final delivery cost, taking into account the number of Products ordered, is indicated to the Buyer before placing the order.
In the case of ordering Products of large dimensions or weight, the Buyer receives information when placing the order that they cannot be delivered by regular courier. The buyer can pick them up in person or use the dedicated transport option.
If several Products are ordered, the Seller may decide to deliver the Products to the Buyer in separate shipments, provided that the Buyer will not be charged a higher delivery cost than the one accepted by him when placing the order.
The Seller makes every effort to ensure full availability of the Products. If the Seller accepts the Buyer’s order for a Product that is currently unavailable, the Seller will inform about the approximate date of availability of a given Product, and the Buyer decides whether he will wait for the temporarily unavailable Product or cancel the order, which will result in the expiration of the Sales Agreement for a given Product. Confirmation of order cancellation will be sent to the Buyer’s e-mail address. If the Buyer pays the price, the Seller will refund the prepayment within 14 days from the date of notification of the expiry of the Sales Agreement.
The Buyer consents to the Seller issuing and delivering invoices and correction invoices in electronic form within the meaning of Art. 2 point 32 of the Act of 11 March 2004 on tax on goods and services. The Buyer may withdraw the consent referred to in the previous sentence at any time by submitting an appropriate declaration to the Seller.
§7 Seller’s liability
The Seller is obliged to provide the Buyer with a Product without defects.
The Seller shall be liable to the Buyer under the terms set out in the provisions of the Civil Code for a period of two years from the date of receipt of the order.
§8 Complaints
The Buyer has the right to file a complaint in the event of improper performance of the Sales Agreement by the Seller, in particular in the event of defects in the Product or delivery of Products of a different type or quantity than those ordered by the Buyer.
Complaints should be submitted using the complaint form, the template of which is attached as Appendix 1 to the Regulations. The complaint form is also available in the Complaints and returns tab on the website www.gtv.com.pl.
Complaints should be sent by registered mail to the following address of the Seller: GTV Poland joint stock company, ul. Przejazdowa 21, 05-800 Pruszków
A buyer with a registered office outside the territory of the Republic of Poland submits a complaint via the Marketplace Manager.
In the case of a complaint sent electronically, the Seller will confirm its receipt by sending appropriate feedback electronically.
If the complaint form has not been completed correctly by the Buyer, the Seller will request the Buyer to correct the form within a period of not less than 7 (seven) days under pain of refusing to consider the complaint.
The Buyer is obliged to describe precisely what, in his opinion, is the improper performance of the Sales Agreement by the Seller, so that the complaint can be considered by the Seller without undue delay caused by the need to determine the causes of the complaint and the Buyer’s expectations. The Buyer is obliged to provide detailed additional information regarding the Product at the request of the Seller.
If consideration of a complaint requires qualitative testing of the complained Product, the Buyer is obliged to provide the Seller with a complete Product, together with the issued promotional materials, which, in its opinion, has quality defects. If the Product was sold in a set and the Seller deems it reasonable, the Buyer will be obliged to deliver the entire set which includes the complained Product.
If the Seller decides that consideration of the complaint requires examination of the Product at the Buyer’s, the Buyer shall bear the costs of travel of the Seller’s representative to the place of examination.
If the Seller decides that the complaint is justified, depending on his choice, he may repair it, replace the Products with new ones free from defects, or decide to refund the price for the Product. The Buyer’s statement containing the expected method of resolving the complaint is not binding on the Seller.
The Buyer, under pain of losing any claims against the Seller under this paragraph, is obliged to examine the Products in the presence of the carrier’s representative before receiving them. In the event of defects or damage visible from the outside, the Buyer prepares an appropriate damage report in the presence of the carrier’s representative or notes it in the consignment note (regardless of its form). The report should indicate any damage noticed, violation of the integrity of the packaging, unauthorized access to the Products, quantitative discrepancies in the Products and other reservations.
The complaint will be considered within 14 (fourteen) days from the date of its receipt by the Seller.
If consideration of a complaint requires quality tests or examination of the Product at the Buyer’s, the Seller should make a decision on how to resolve the complaint within 14 (fourteen) days from the date on which he received the complained Product or examined the Product at the Buyer’s.
The complaint handling process involves a detailed verification and assessment of all circumstances relevant to the acceptance or rejection of the complaint submitted to the Seller by the Buyer, in particular the circumstances presented by the Buyer in the content of the submitted complaint.
The complaint handling process ends with the Seller issuing a decision to accept or reject the complaint submitted by the Buyer, as well as the Seller notifying the Buyer about the content of this decision.
If the complaint submitted by the Buyer is accepted in whole or in part, the Seller will notify the Buyer of the content of its decision, providing the Buyer with a declaration of acceptance of the complaint in whole or in part, information on how the complaint will be resolved (e.g. by repairing, replacing or refunding the sales price of the Products) and a corrective invoice documenting the reduction in the sales price of the Products, if issuing such a corrective invoice is necessary.
In order to avoid possible doubts, if a complaint submitted by the Buyer is accepted, the complaint handling process cannot be considered completed earlier than before the Seller delivers to the Buyer a declaration of acceptance of the complaint, information on how to resolve the complaint (e.g. by repair, replacement or refund of the sales price). Products) and a corrective invoice documenting the reduction in the sales price of the Products, if issuing such a corrective invoice is necessary.
In order to avoid possible doubts, if the complaint submitted by the Buyer is accepted, it should be assumed that the acceptance of the content of the Regulations by the Buyer also constitutes an agreement on the conditions for reducing the tax base referred to in Art. 29a section 13 of the Act of 11 March 2004 on tax on goods and services.
If the complaint submitted by the Buyer is not accepted in whole or in part, the Seller will notify the Buyer of the content of its decision, delivering to the Buyer a declaration that the complaint has not been accepted in whole or in part.
A declaration of acceptance of the complaint (including information on how the complaint was handled and a corrective invoice) or failure to accept the complaint referred to in §8. paragraph 16, 17 and 19 of the Regulations, will be delivered to the Buyer by the Seller in writing or in documentary form to the address indicated in the complaint submitted by the Buyer.
Provisions of this §8. The Regulations should be applied accordingly if the Buyer discovers an error in the content of the invoice issued by the Seller regarding the price of a single Product or the total sales price of the Products ordered by the Buyer.
§9 Processing of personal data
The administrator of the Buyer’s personal data is the Seller.
The administrator has appointed a data protection officer. The data protection officer can be contacted at the following e-mail address: dpo@gtv.com.pl or in writing to the following address: ul. Przejazdowa 21, 05-800 Pruszków.
The Buyer’s personal data will be processed in accordance with Art. 6 section 1 point b) of the General Regulation on the Protection of Personal Data of April 27, 2016 (GDPR) for purposes related to the conclusion and implementation of the Sales Agreement.
The Buyer’s personal data may also be processed for marketing purposes. The buyer has the right to object to the processing of data for marketing purposes.
The buyer has the right to access his data and the right to rectify, transfer, delete and limit processing. The buyer also has the right to lodge a complaint with the supervisory authority.
The Buyer’s personal data will be stored for the duration of the contract, and after its execution for the period necessary to enable the implementation of all rights and obligations of the Buyer, as well as the Administrator, arising from the concluded contract.
As part of the provision of electronic services, the Seller is entitled, pursuant to Art. 18(1) of the Act on the provision of electronic services, to process the Buyer’s personal data necessary to establish, shape the content, change or terminate the contract for the provision of electronic services by the Seller and solely for the proper implementation of electronic services.
If the Seller receives information about the Buyer’s use of Electronic Services in a manner inconsistent with the law or the Regulations, the Seller may process the Buyer’s personal data for the purpose and to the extent necessary to determine the Buyer’s liability.
The Seller may process, among others: the following personal data:
Buyer’s surname and first name,
Tax Identification Number
company
login,
residential or correspondence address,
e-mail address,
Phone number.
Providing personal data by the Buyer is voluntary, however, refusal to provide personal data may result in the Seller’s inability to provide electronic services.
The Seller may also process the following data characterizing the Buyer’s use of Electronic Services (operational data):
markings identifying the Buyer assigned on the basis of the data referred to in section 3 of this paragraph,
markings identifying the termination of the telecommunications network or the IT system used by the Buyer,
information about the beginning, end and scope of each use of Electronic Services,
information about the Buyer’s use of Electronic Services.
§10 Newsletter, commercial information and mailing
The Buyer may subscribe to the Newsletter by providing his e-mail address on the website https://www.gtv.com.pl/newsletter in the field marked “Subscribe to the Newsletter” or by placing an order (ordering the Newsletter service).
The Buyer may unsubscribe from the Newsletter at any time by selecting the “Unsubscribe from the Newsletter” option, by using the unsubscription option available in the received Newsletter or by sending an e-mail requesting to stop sending the Newsletter to the following e-mail address of the Seller marketing@gtv.com.pl.
§11 Contact
The Buyer may contact (communicate) with the Seller via the telephone Customer Service Office or directly with the Representative serving a given region. Contact information for individual Representatives and the Customer Service Office can be found on the website www.gtv.com.pl in the SALES tab. The hotline is available from Monday to Friday from 8 a.m. to 4 p.m.
The cost of calling the hotline is equal to the price of one tariff unit or in accordance with the operator’s price list.
It is also possible to contact us via e-mail, to the e-mail address available on the website www.gtv.com.pl in the CONTACT tab.
All declarations that require written form under the provisions of the Regulations should be addressed to the following address of the Seller: GTV Poland joint stock company ul. Przejazdowa 21, 05-800 Pruszków
§12 Final provisions
The Seller is entitled to make changes to the Regulations. The Seller informs about the amended Regulations on the website www.gtv.com.pl and by e-mail to the e-mail address provided by the Buyer.
In matters not regulated in the Regulations, the provisions of generally applicable law apply, in particular the provisions of the Polish Civil Code on the sales contract.
The provisions of the Regulations in the version in force on the date of conclusion of the Sales Agreement apply to the Sales Agreement concluded between the Seller and the Buyer. An integral part of the Regulations is: