GENERAL PROVISIONS

The General Terms and Conditions of Sale set forth the principles underlying commercial cooperation with regard to products and services offered by Komet Sp. z o.o., ul. Dworcowa 6, 62-035 Runowo, Polska, NIP: PL7772596580, REGON: 634214090, www.komet.pl, T: (+48) 61 8 170 100, F: (+48) 61 8 179 050, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0000030388.

The Manufacturer sells its Products under the following brand names: Komet, My MODERN Home, and My MODERN Garden, and manufactures and sells Products or provides Services as individually arranged with customers.

The Manufacturer’s Products, as well as all marketing materials and technical reports, are owned and/or copyrighted by the Manufacturer. Customers’ designs or patterns are owned and/or copyrighted by the Customers.

Entering into commercial cooperation regarding Products or Services means that the Manufacturer and Customer are familiar with and accept all Terms and Conditions.

The Customers consent to the collection and processing of their data by the Manufacturer for the purpose of cooperation, particularly the processing of orders.

The Customers authorise the Manufacturer to transfer the necessary data to entities contracted by the Manufacturer for the purposes of cooperation (e.g. transport companies), as well as in situations where the failure to provide such data could prevent such cooperation.

The Manufacturer undertakes to make every reasonable effort to perform its activities with due diligence.

PRODUCTS AND SERVICES

The Manufacturer manufactures and sells Products and provides Services, making every reasonable effort to meet the expectations of its Customers.

If a natural component is used in the production process, particular Products may differ (e.g. in terms of shade, colour, structure).

Individual or collective packaging for the Products as well as for the purpose of Services provided may me ordered. The Manufacturer’s packaging minimises the risk of damage to the ordered Products during transport.

PRICES

The prices of standard Products are determined by the Manufacturer on the basis of price lists. The price lists are valid until revoked or until the Customer is informed of their update.

The prices of Products other than standard Products are determined individually.

The Manufacturer shall determine discounts depending on the quantity of ordered Products and other terms and conditions of sale.

All price lists specify net prices and the currency in which the offer is presented. For countries other than Poland, the price offer is given in EURO.

ORDER

Orders shall include the Recipient’s data (full name, registered office address, NIP [tax identification number], registration and contact information), specification of the order, exact address of the place of collection/delivery of the order, possible delivery times and data of the person authorised to collect the order. Orders shall be made in writing (electronic form). Upon receipt of an order, the Manufacturer sends a confirmation and immediately commences the production process. In the event of cancellation of an order, any payments made to the Manufacturer shall not be refunded and the Manufacturer shall be entitled to compensation for production costs incurred.

RETURN OF PRODUCTS

After an order has been delivered, purchased Products cannot be returned.

TERMS OF PAYMENT

Product samples, material samples and all orders of Products and Services whose value does not exceed PLN 1000 net (EUR 250) are confirmed and their implementation starts only upon receipt of the entire prepayment.

Customers placing their first order for Products whose value exceeds PLN 1000 net (EUR 250) are required to make a prepayment of 50% of the order value. These conditions also apply to all individual/customised projects made to a special order, regardless of their status.

Regular Customers are exempt from the obligation to make prepayments and enjoy special payment conditions under separate rules.

A bank transfer is an acceptable form of payment. In case of orders whose value does not exceed PLN 1000 net it is also acceptable to pay in cash at the cash desk in the company’s head office.

TIMELINESS OF PAYMENTS

The date of payment is the date of crediting the Manufacturer’s bank account.

In the case of untimely payment by the Customer, the Manufacturer is entitled to issue an interest note.

LEAD TIME. DELIVERY

The standard lead time for Product orders (including delivery to the Customer, if applicable) is 4 to 8 weeks. We use transport services provided by external companies, so in exceptional cases there may be some deviations in delivery times for reasons not attributable to the Manufacturer. The Manufacturer delivers the order to the address specified by the Customer or the Customer arranges for the collection of the order from the Manufacturer’s premises. The Customer shall be obliged to cooperate in terms of the delivery and to collect the Products from the forwarder at the specified address. The day on which the Products are made available to the Customer at the agreed time and place shall be considered as the delivery date, even if the Customer has not accepted the order. Deliveries may be suspended until the Customer has made outstanding payments to the Manufacturer, if any.

TRANSFER OF OWNERSHIP

The Manufacturer shall remain the sole owner of the Products ordered by the Customer until the total value of the order has been paid. Any costs arising after due delivery of the order by the Manufacturer shall be borne by the Customer.

WARRANTY

The Manufacturer provides a 24-month warranty valid from the date of handing over the order to the Customer. The Customer is entitled to make claims under the warranty if they made a full payment for the order (i.e. a sale transaction has taken place). The warranty does not cover defects resulting from: improper application and/or use, handling, storage, assembly, exposure to external factors, such as chemical not attributable to the Manufacturer. The warranty does not cover normal wear and tear of the Products. For more information about warranty go to: www.komet.pl/warranty.

COMPLAINTS

Quantitative verification takes place upon acceptance of the order by the Customer. The Customer is obliged to visually inspect the packaging. In the case of damage, at the time of delivery, the reservations should be recorded on the transport document and a damage report should be drawn up in the presence of the carrier. Reporting external damage at a later date shall not be accepted. A quality complaint may be lodged by the Customer during the warranty period. The Customer shall send an electronic complaint to the Manufacturer using the form available at www.komet.pl/cooperation/ or by e-mail.
Such a complaint must include a description and attached photo documentation enabling a conclusive assessment of the situation. The Manufacturer’s liability includes the obligation to repair defective Products, to replace them or to pay compensation, at the discretion of the Manufacturer. Mechanical damage arising after the delivery of the Products shall not constitute grounds for a complaint. Products which have been modified by the Customer or third parties, unless the Manufacturer granted consent, are not subject to a complaint.
FORCE MAJEURE The Manufacturer undertakes to immediately notify the Customer of any circumstances which may have a negative impact on the delivery of the order. If the delivery of the order is impossible as a result of a force majeure event, the Manufacturer shall not be held responsible for the non-performance or untimely performance of obligations towards the Customer. The parties may agree that their obligations shall be suspended until the cessation of a force majeure event or removal of its effects.

SIŁA WYŻSZAProducent zobowiązuje się do niezwłocznego powiadamiania Odbiorcy o okolicznościach mogących mieć negatywny wpływ na realizację zamówienia. Jeżeli realizacja zamówienia jest niemożliwa na skutek wystąpienia siły wyższej, Producent nie jest odpowiedzialny za niewykonanie lub nieterminowe wykonanie zobowiązań względem Odbiorcy. Strony mogą umówić się, że zobowiązania stron ulegną zawieszeniu do czasu ustania działania siły wyższej lub do czasu usunięcia jej skutków.

FINAL PROVISIONS

These Terms may be amended only in writing or else shall be invalid. Any disputes between the parties shall be settled amicably; if an agreement is not reached within 30 days, disputes shall be settled by a Polish court having jurisdiction over the registered office of the Manufacturer.

The General Terms of Sale have been updated and are valid as of 01.03.2021.

Komet Sp. z o.o.