TERMS OF SALE
1. ORDERS and inquiries should be made in writing (sent by e-mail) to the Sales Department of the Aleksandra Kusibab-Wyka Horticulture Farm, or orally at the seat of the Farm.
2. We sell only wholesale. A minimum of 50 pieces from one variety.
3. Marking plant batches.
a) the plants are marked with labels (without pictures) in a way to be properly identified by the recipient,
b) under separate arrangements, plants can be labelled by strips or photos.
4. PAYMENT – payment terms are determined in each case, and confirmed in writing on the order confirmation.
5. DISCOUNTS – the amount and terms of granting discounts are set out in the "PRICE LIST" tab.
6. We reserve the right to change prices during the season, the price change does not apply to orders placed before changes were made. The exception is a price reduction.
7. These Terms of Sale are an abbreviation for the most important information contained below in the General Terms of Sale (GTS).
GENERAL TERMS OF SALE (GTS)
Art. 1. Definitions
For the purposes of these General Terms of Sale, the following definitions are introduced:
Farm – means the Aleksandra Kusibab-Wyka Horticulture Farm,
Customer – means any natural or legal person who has entered into a civil law agreement concerning the Farm on the sale of Goods,
Parties – indicate the Customer and the Farm,
Consumer – means a Customer who is a natural person being a consumer within the meaning of the Civil Code,
Entrepreneur – means a Customer who is not a Consumer,
Goods – plants offered by the Farm for sale, the Goods do not mean the provision of advisory, design, or transport services by the Farm
Farm Seat – Prandocin Iły 88a, 32-090 Słomniki, Poland
General Terms of Sale (hereinafter referred to as the GTS) – this document
Art. 2. General provisions
1. GTS are an integral part of all agreements between the Farm and the Customer. It is believed that the GTS are binding on the Parties upon conclusion of the agreement between the Parties. The conclusion of the agreement between the Parties is understood as the ordering mode, referred to in Art. 2 of the GTS.
2. Except as expressly provided for by the relevant provisions of the GTS, any other terms, agreements, provisions, which are in contradiction with the provisions of the GTS are considered null and void.
3. The GTS are available on the website of the Farm at www.kusibab-wyka.pl
4. Any current conditions concerning the implementation of any agreements by the Customer, which are the contrary to the GTS are not accepted by the Farm.
5. The Farm reserves the right to change the GTS at any time. Any new provisions of the GTS will apply in the relation between the Farm and the Customer from the moment the Customer is informed about their content.
Art. 3. Information and pricing
1. Notices and information about Goods and prices in the commercial offer of the Seller are given for informational purposes only, and do not constitute an offer within the meaning of the Civil Code.
2. Prices contained in the notices and information from the Seller are given in the Polish currency. Prices of Goods are given by the Farm both net and gross, and in Euros for foreign customers.
3. The Farm reserves the right to change prices of Goods during the season.
Art. 4. Orders
1. Orders are given in writing, by e-mail. Any Customer can place an order orally at the seat of the Farm.
2. From the date of order the Customer is bound by the Order.
3. The following procedure for an Order is determined:
a) the Customer requests the Farm about the availability of Goods in question,
b) in response to a request, the Farm presents information concerning the availability of Goods, the prices of individual Goods, the terms of the order, The Farm is related to the information indicated in the previous sentence for a period of three (3) business days from the date of reply to the request,
c) the Customer can place an order on the basis of information obtained in accordance with the provisions set out in point b),
d) after obtaining orders the Farm is required to confirm the order,
e) confirmation of the order takes place in the manner in which the order was placed by the Customer, or any other method chosen by the Farm or agreed with the Customer,
f) until the confirmation, the order is not binding for the Farm, and the lack of response from the Farm does not mean a tacit confirmation of the order.
5. Withdrawal of a confirmed order in whole or in part by the Customer may take place only with the written consent of the Farm.
6. The procedure for ordering indicated in Art. 4. of the GTS does not apply when the Customer places an order orally at the seat of the Farm, unless the Farm agrees and immediately proceeds to perform the order.
Art. 5. Dimensions, differences
1. All dimensions of the Goods are indicative, allowed deviation from established ordered size of +/- 15%.
2. They may be differences between plants belonging to the same species of Goods due to the fact of naturally occurring differences within the same species.
3. Apart from the exclusions indicated in Art. 5, Section 4 of the GTS, the Farm approves the following standard in size and quality:
a) the plants in pots p9 – the height of shoots 20-30 cm, and at least 3 shoots in the height range,
b) that the plants in pots p11 and C1,5 – the height of shoots 30-45 cm, and at least 3 shoots in the height range,
c) the plants in pots C3 – the height of shoots 40-50 cm, and at least 3 shoots in the height range,
4. As specified in Art. 5, Section 3 of the GTS, the standard size and quality of plants does not include plant species, particularly ornamental, and others that as a result of their nature, do not reach the specified value in the manufacturing process according to the technology used in the Farm
Art. 6. Price and terms of payment
1. All payments for the purchase of Goods are made by the Customer in the Polish currency (or foreign – in the case of export sales) in accordance with written arrangements after adding the necessary taxes, including a tax on goods and services (Price).
2. The Customer is obliged to pay the Price for the Goods, and if the Goods have to be transported on behalf of the Customer to the location specified by the Customer which is not a place for the seat of the Farm in accordance with the provisions of Art. 7 of the GTS, the Customer is also obliged to bear the cost of transportation.
3. Subject to the provisions of Art 6, Section 4 of the GTS, the obligation to pay the Price arises at the time of releasing the Goods. For the purposes of determining the obligation to pay Prices, it is considered that if the supply of the Goods is done to any other place than the seat of the Farm, the moment of the Goods is the moment the Goods are delivered to the place indicated by the Customer.
4. The Parties may agree to another mode of payment than the Price than the one indicated in Art. 6, Section 3 of the GTS, in particular, provide that the payment of the Price shall occur after the release of the Goods. Determining any mode of payment other than the one indicated in Art. 6, Section 3 of the GTS shall be based on separate arrangements made between the Parties.
5. The Customer is in default in paying the Price, if he does not pay the entire Price within the period specified in Art. 6, Section 3 of the GTS, or by the date fixed in accordance with the provisions of Art. 6, Section 4 of the GTS. In case of default of payment in the Price, the Farm is entitled to:
a) claim of statutory interest for late payment,
b) withdraw from the Agreement after the request for payment of the Customer in default.
6. In the event of deterioration in the financial situation of the Customer, or if the Customer remains in default with the payment of the previously carried out orders, the Farm is entitled to:
a) suspend the delivery, or withhold the Goods until the full payment of Prices,
b) demand adequate security for paying the Price,
c) to withdraw from the Agreement without suffering any negative consequences.
Art. 7. Receiving Goods, transport, packaging
1. Except in the cases agreed between the Parties, the Customer is obliged to collect the Goods at the Seat of the Farm, or its Branch.
2. On the basis of mutual agreements, the Parties may determine the terms and conditions of the transport of the Goods to the place indicated by the Customer outside the Seat of the Farm. Establishing the terms and conditions of transport is performed under a separate agreement.
3. The Farm is obliged to sell the Goods in appropriate packaging corresponding to the properties of the Goods. Proper packaging means placing the Goods in containers conforming to the size of the Goods, as well as protecting the Goods from damage during transport.
4. The Buyer shall bear the additional cost of packaging (boxes, box-pallets, pallets) necessary for the proper transport of plants. It is allowed to return packaging, unless their condition has deteriorated.
Art. 8. Liability for defective Goods
1. Due to the fact that the Goods are live plants, which require to adequately care, after they were released, the Farm is liable for defects of the Goods only to the extent that:
a) the Goods sold correspond to the name, species, and size,
b) the Goods sold at the point of sale is an alive, healthy plant free from diseases and pests.
2. The Farm is free of responsibility within the force majeure. Force majeure is understood as drought, frost, and an attack on Goods by pests and diseases occurring after delivery to the Customer.
3. In the case of non-conformities, the Farm is obliged to replace the Goods with new Goods free from defects within 14 days, or to refund the Price paid for the Goods, if the exchange is not possible.
4. The Customer, being an entrepreneur, is obliged to examine the delivered / received Goods, and in the case of any defects for which the farm is responsible, shall immediately, but not later than three (3) working days, report in writing the fact of defects and the type of defects to the Farm. If the Customer is a consumer reporting defects shall be in accordance with the provisions of the Act of 27th July 2002, on special conditions of consumer sales, and on the amendment of the Civil Code.
5. If the complaint is justified, the Farm may in its discretion supplement the Order, replace the advertised product for a free from defects one, or reduce their price.
6. The responsibility of the Farm expires, in so far as a result of changes made by the Customer caused by an unsuccessful attempt to remove the defects of the Goods, the Goods were damaged or destroyed. The responsibility of the Farm does not arise, if the damage or destruction of the Goods was caused lack or unfit Customer care of the Goods.
7. Holding the Farm as responsible in respect of a complaint shall in no case exceed the value of the advertised Goods. The farm is not responsible for indirect losses and lost economic benefits arising from defects in the Goods.
Art. 9. Responsibility for the performance of the Agreement
1. The Farm is responsible for performance of the Agreement, only within the limits of responsibility for wrongful actions.
2. The Parties shall not be liable for the total or partial breach of the Agreement due to force majeure. Force majeure means circumstances of extraordinary character, caused by fate or events such as strikes, war, disaster, etc., which occurred after the signing of the agreement, and remained completely outside the control of the Parties.
Art. 10. Personal data
1. The Customer placing an Order agrees to have their personal data in the customer base of the Farm, and processed for the purposes of the Agreement. Providing personal data by the Customer, and consent to their processing are necessary to complete the Agreement by the Farm.
2. Customer's personal data is protected in accordance with the law on personal data protection to prevent access to them by third parties.
Art. 11. Final provisions
1. The GTS are based on Polish law, and the conclusion of the Sales Agreement is done exclusively through the provisions of Polish law.
2. In matters not covered in the GTS, the provisions of Polish law, in particular the provisions of the Civil Code.
3. The competent court for the settlement of disputes arising in connection with agreements concluded on the basis of the GTS is the court competent for the Farm.
4. If any provision or part of the provisions of the GTS will prove to be invalid, it does not void the GTS, and such provisions are superseded by valid provisions.
5. These GTS shall apply from 1st July 2007.