TERMS AND CONDITIONS OF SALE

applicable to Clients who are Entrepreneurs within the meaning of the Act of April 23, 1964 - Civil Code

The owner of the online store operating at the internet address www.dacpol.eu is:

DACPOL Sp. z o. o
ul. Puławska 34, 05-500 Piaseczno
NIP: PL 521-008-36-44 REGON: 012546238
Tel .: (+48) 22 70 35 100 Fax: (+48) 22 70 35 101

GLOSSARY:

1. Website - located at www.dacpol.eu - informing about products with the possibility of submitting inquiries and orders for products.

2. Catalog - a printed publication containing information about products.

3. Warehouse - a place where customer orders are completed.

4. Customer - means an entrepreneur within the meaning of the Act of April 23, 1964. - Civil Code.

5. Seller - DACPOL Sp. z o. o. with its seat in Piaseczno at ul. Puławska 34, 05-500 Piaseczno, registered in the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the number KRS 105242, NIP 5210083644, REGON 012546238, hereinafter: "DACPOL".

6. Working days - all days of the week from Monday to Friday, excluding public holidays.

7. Order fulfillment time - the time when DACPOL will complete the order and send it from the warehouse via post or courier / forwarding company to the address indicated by the Customer.

8. Cart - an element of the Website by means of which the Customer specifies the details of the order.

9. Order Form - an element of the Website that allows placing orders.

10. Product page - a page on which information about the product is presented.

§ 1
Terms of the contract

1. The customer may place orders via:
a. electronic mail (e-mail);
b. website;
c. fax;
d. telephone;
e. postal service (traditional letter);
f. communicator located on the Website (Consultant).

2. By placing an order, the customer concludes a contract of sale of the ordered goods with DACPOL Sp. z o. o, with headquarters in 05-500 Piaseczno, ul. Puławska 34, NIP: 521-008-36-44, REGON: 012546238, KRS: 0000105242.

3. The first order should be placed via:
a. Fax, mail or e-mail, in which case the Customer indicates the following information in the order:
i. the name and address of the client,
ii. Phone number,
iii. number nip,
iv. name of the person placing the order and their telephone number (to be used to clarify any doubts),
v. e-mail address,
vi. fax number,
vii. manufacturer's number (type),
viii. unit price of the goods,
ix. quantity of ordered goods,
x. data to be included in the invoice - when different from the customer's data,
xi. delivery address - when it is different from the customer's address,
xii. way of transport,
xiii. Customer's declaration that he has read and accepted the Regulations of DACPOL sp. z oo - available on the website www.dacpol.eu.
b. the Website, in which case the Customer, when placing the order, indicates the information required in the next steps of the ordering process on the Website.

4. In order to improve the handling of orders, in particular the first order, we encourage you to fill in the form, the pattern of which is in the Catalog and on the website www.dacpol.eu, or to register for free on the Website.

5. In the case of making a purchase via the Website, the Customer, after registering and logging in, places an order on the basis of the Order Form.

6. In the case of making a purchase via the Website, the Customer, after registering and logging in, places an order, indicating the product he is interested in, using the "Order" or "Add to cart" option, and then indicates the place of delivery, method of collection and payment for the order.

7. In the order, the Customer indicates:
a. ordered goods, manufacturer's number (type);
b. the quantity of the goods in question;
c. invoice data: company, address, tax identification number and the address to which the goods are to be delivered. They can be two different addresses;
d. the method of delivery;
e. method of payment,
f. in the summary, the Customer may enter additional information to the order (in the COMMENTS field).

8. DACPOL reserves the right to refuse to accept an order if the Customer is in arrears with payments or his legal or financial situation may cause problems with making payments in the future.

9. Stock levels listed on the website www.dacpol.eu - are indicative and may differ from the actual state.

10. If, after placing the order, the Customer sends the same order in a different form, he is obliged to clearly place the annotation on it: "Confirmation of the order placed on (...)". Otherwise, such an order will be treated as another - a new order.

11. DACPOL also accepts orders for non-standard goods made to individual orders. For this purpose, the customer should make arrangements with the Sales Department. Individual orders for non-standard goods cannot be canceled, nor can goods delivered under such orders be returned.

12. DACPOL shall not be liable for failure to deliver the goods or delay in the delivery of the ordered goods or the execution of the order resulting from an incorrectly provided or inaccurate delivery address by the Customer.

13. In the event of the lack of goods in the Warehouse or the inability to fulfill the Customer's order, DACPOL has the right to withdraw from the contract within 30 days from the date of its conclusion. If the expected order fulfillment date is longer than 30 days, DACPOL has the right to withdraw from the contract within the time limit provided for the execution of the given order. If the payment for the goods has been made in advance - DACPOL will reimburse the Client for the goods within 14 calendar days from the cancellation of the order.

14. The terms of cyclical and long-term orders require arrangements with the Sales Department.

15. Cancellation of an order placed by a method other than the "Online Store" - it means that DACPOL will charge the Customer with costs in the amount of 40% net of the value of the entire order.

§ 2
Commodity prices

1. DACPOL publishes information on its offer on the Website, in the Catalog and in other information and promotional materials.

2. The prices on the Website are approximate prices and do not constitute an offer in accordance with the Civil Code.

3. Prices on the Website placed next to the offered product:
a. are indicated in the net amount (without VAT) and in the gross amount (with added VAT) and are given in Polish zlotys [PLN] or euro [EUR] or American dollars [USD], unless it is clearly indicated that the price it is expressed in a different currency;
b. do not contain information on shipping costs;
c. do not contain information on possible customs duties.

4. The binding and final price is the price determined on the basis of an offer presented by an authorized DACPOL employee or on a written confirmation sent by an authorized DACPOL employee.

5. DACPOL reserves the right to change prices in the event of circumstances beyond its control (ie changes in prices on world markets, exchange rates, tax regulations, etc.) after informing the Client about it.

§ 3
Forms of payment and commencement of the contract

The basic form of payment is cash on delivery or confirmed prepayment in the form of a bank transfer. Other forms of payment depend on the size and periodicity of orders and are agreed by the Parties through the Sales Department.

§ 4
Conditions of delivery

1. Delivery / collection of the order takes place at the DACPOL seller or is carried out in the form of a shipment by a specialized courier / forwarding company or via the Polish Post.

2. In the case of a temporary lack of the ordered product in the Warehouse or when the goods are imported at the Customer's request, DACPOL informs the Customer about it, specifying the approximate date of order fulfillment.

3. The costs of delivery of the ordered goods, which depend on the weight and dimensions of the shipment, are borne by the Customer.

4. If the option of picking up (from the warehouse in Piaseczno) of the order from the DACPOL seller is chosen, the Customer is obliged to pick up the order within 7 days from the date of receiving the notification from DACPOL about the readiness of the order for pickup. Failure to collect the order does not release the Customer from the obligation to pay for the ordered goods. After exceeding the collection date, the goods can be sent to the customer at the customer's expense.

5. To the price of an order, the value of which does not exceed PLN 50 net, DACPOL may add shipping handling costs in the amount of PLN 10 net.

6. DACPOL shall not be liable for the extended delivery time due to circumstances beyond its control.

7. The customer is obliged to check the contents of the parcel in the presence of a representative of the courier / forwarding company or Polish Post.

8. In the event of damage to the shipment during transport:
a. Report the fact to the representative of the courier / forwarding company or the Polish Post during the receipt of the goods.
b. Prepare a report with the participation of a representative of the courier / forwarding company or the Polish Post.
c. Notify the DACPOL Sales Department by phone or e-mail about the situation, providing the data indicated in § 1 point 3 lit. a i-ix and shipment details.

9. Failure to fulfill the obligations of the Customer described in § 4 point 7 and 8 shall result in rejection of any complaints regarding the transport and delivery of the ordered goods.

§ 5
Complaints procedure

1. To the extent that DACPOL is liable to the Client (specified in these Regulations), DACPOL, within 60 working days of receiving the complaint, will respond to the Client's complaint and notify him of the further procedure.

2. In the case of quantitative shortages of the delivered goods, the Customer is obliged to report this fact to DACPOL immediately after the delivery of the goods, but not later than within 3 days from the delivery, in other cases the complaint should be submitted within 60 days from the date of delivery of the ordered goods.

3. A necessary condition for DACPOL to consider a complaint is the delivery of the advertised goods together with the proof of purchase and description of the complaint and indication of the data described in § 1 point 3 lit. a i to ix and shipment details.

4. If the complaint is considered justified to the extent that DACPOL is liable towards the Customer (specified in these Regulations), DACPOL delivers the goods to the Customer in accordance with the order or refunds the amount paid.

§ 6
Terms of warranty

1. Goods sold by DACPOL may be covered by a guarantee granted by the producer of the goods or the distributor. DACPOL does not provide any guarantee for any goods sold, unless, together with the goods delivered, it provides the Customer with a guarantee document issued by it, which indicates DACPOL's liability under the guarantee.

2. In the case of goods for which the manufacturer or distributor has granted a guarantee, the Customer may complain about the irregularities of the delivered goods directly to the guarantor on the terms resulting from the granted guarantee and generally applicable regulations.

§ 7
Force majeure

In the event of circumstances that could not be foreseen at the time of concluding the contract and which make it impossible or difficult for DACPOL to meet its obligations, DACPOL is released from its obligations under these Regulations for the duration of such circumstances.

§ 8
Limitation of Liability

1. DACPOL shall not be liable for damages resulting from failure to meet the delivery date, delivery of products with parameters other than those included in the Catalog and on the Website, failure to deliver the product or price changes.

2. DACPOL shall not be liable for damages resulting from the suspension of production, loss of profit or indirect losses resulting from failure to deliver the appropriate goods within a given period.

3. DACPOL shall not be liable under the warranty for defects in the goods.

4. DACPOL shall not be liable for damage to persons or property caused by the delivered goods, which occurred after the goods were released from the warehouse for further transport to the Customer.

5. DACPOL shall not be liable for errors occurring during the composition and printing of the Catalog and errors in the attached technical documentation and on the Website. The use of materials contained in the Catalog and on the Website, in particular photos, descriptions, graphic form and the method of presentation, requires the consent of the DACPOL company.

§ 9
Reservations

1. Reservation of the ownership right - DACPOL holds the ownership of the goods sold until full payment for the goods is received. Before full payment for the goods, the Customer is not entitled, without the written consent of DACPOL, to dispose of the goods in a way that could endanger or encumber DACPOL's ownership of the goods.

2. Manufacturer names and brand names are the property of their owners and are provided for informational purposes only.

3. The technical data of the products published in the Catalog are summary data and as such cannot be the basis for any claims. In case of any doubts, please contact the Sales Department before making a decision.

§ 10

Sales rules for Consumers and natural persons concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business.

In the case of sale to natural persons who do not conduct business activity or natural persons concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on on the basis of the provisions on the Central Register and Information on Economic Activity, the terms of the Sales Regulations applicable to consumers, which are available on the website: www.dacpol.eu, apply.

§ 11
Disputes

All disputes between the parties related to the sale and the performance of the contract will be resolved amicably in the first place. Ultimately, they will be settled under Polish law in the court having jurisdiction over the seat of DACPOL.

§ 12
Personal data

1. By registering on the DACPOL Website or providing DACPOL in any other way with personal data in connection with placing an order, the Customer agrees to the processing of personal data related to the implementation of orders made on the Website. Lack of consent to the processing of personal data makes it impossible to fulfill the Customer's order by DACPOL. The customer is responsible for providing false personal data.

2. Personal data is protected in accordance with the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2019.1781, i.e. of September 2019, 19) in a way that prevents access by third parties.

3. Detailed information on the personal data administrator and the rights of the data subject are available in the Privacy Policy tab on the website www.dacpol.eu.

§ 13
Final Provisions

1. The presence of goods on the Website or in the DACPOL Catalog does not imply the availability of goods and the possibility of order fulfillment.

2. The goods presented on the Website or the Catalog do not constitute an offer in accordance with the Civil Code.

3. DACPOL shall not be responsible for blocking by e-mail server administrators sending messages to the e-mail address provided by the Customer and for removing and blocking e-mails by software installed on the computer used by the Customer.

4. DACPOL reserves the right to amend the Regulations. Any changes to these Regulations are effective from the date of their publication on the website www.dacpol.eu. Orders placed before the date of introduction of these Regulations will be implemented on the basis of the existing rules.

5. The regulations drawn up in the Polish language version are binding. The other language versions are for information purposes only.

6. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply.

§ 14
Code of Conduct for Suppliers and Business Partners

1. DACPOL Suppliers and Business Partners undertake to make every effort to comply with the principles set out in the "Code of Conduct for DACPOL Sp. Z oo Suppliers and Business Partners." z o. o. ”in relation to the entire supply chain: https://www.dacpol.eu/en/code-of-conduct-for-suppliers-and-business-partnersh .

§ 15
Ban on re-exports to Russia “No-Russia-Clause“

1. DACPOL hereby prohibits the Customer, and the Customer agrees not to re-export and/or transfer, directly or indirectly, to Russia or for use in Russia any goods (hardware and/or software and/or technology and related documentation, regardless of the method of delivery) sold, delivered, transferred or exported by DACPOL to the Customer.

2. In the event of the Customer's breach of the above obligation, the Customer shall pay DACPOL all costs and damages, as well as a contractual penalty.

3. As well as the Client shall indemnify DACPOL from and against any and all claims, proceedings, actions, fines, losses, costs and damages asserted by public authorities or other third parties against DACPOL arising out of or related to the Client's breach of the above obligation.

Piaseczno, 07.05.2024 r.