GENERAL TERMS AND CONDITIONS

General Terms and Conditions of Cooperation


1. Preliminary conditions.


1.1.All offers, orders, orders and deliveries shall be carried out by THEONEGROUP.PL Sp. z o.o. with the applicable provisions of Polish law.

1.2.The terms and conditions indicated by the Purchaser in its orders and/or purchase conditions shall only be realized if accepted by THEONEGROUP.PL Sp. z o.o. in writing.



2. Invitation to bargain, offers and orders

2.1 The catalog (price list) posted on the company’s website by THEONEGROUP.PL Sp. z o.o. constitutes an invitation to bargain within the meaning of the Civil Code, to which the following terms and conditions shall apply. The conclusion of the contract shall be made by submitting a written order and after written confirmation of the acceptance of the order for execution by THEONEGROUP.PL Sp. z o.o.
2.2 The terms and conditions proposed in the catalog (price list) are valid until the publication of a new catalog (price list), whereby THEONEGROUP.PL Sp. z o.o. reserves the right to make changes and modifications to the price list and/or catalog on its website (internet).

2.3 Orders shall be accepted only in writing, with the Tax Identification Number, exact address, fax and telephone number, and the name or names of the person(s) handling the order on the part of the Ordering Party. The order shall also include the company seal and the legible signature of the person representing the ordering party.

2.4 The person signing the order must have the authority to bind the Ordering Party. If the person signing the order is not authorized to represent the Purchaser in accordance with the registration documents (Description from the National Court Register or Certificate of Entry into the Business Activity Register) is required to send a separate authorization for the Purchaser, and signed by a person authorized to represent the Purchaser.

2.5 Companies submitting orders for the first time are required to send current documents of credibility (Tax Identification Number, Regon, extract from the National Court Register or Certificate of Entry into the Business Activity Register).

2.6 The order shall specify and/or describe in detail the goods ordered, in particular, indicate the symbol of the goods ordered.

2.7. THEONEGROUP.PL Sp. z o.o. reserves the right to refuse an order if there is no actual possibility of its implementation due to lack of assortment at the supplier.

2.8 The merchandise purchased by the Purchaser shall remain the property of the company by THEONEGROUP.PL Sp. z o.o. until payment for the merchandise has been settled in full.

2.9. The Orderer’s arrears of payment to THEONEGROUP.PL Sp. z o.o. entitle THEONEGROUP.PL Sp. z o.o. to refuse to accept another order, and in exceptional cases to suspend the execution of pending orders until the payment of overdue amounts.
2.10. By placing an order, the Ordering Party accepts the provisions contained in the “General Terms and Conditions” of THEONEGROUP.PL Sp. z o.o. unless otherwise agreed in writing.


3 Prices.


3.1 The prices of goods expressed in the Catalog (price list) are determined on an ex-works basis by THEONEGROUP.PL Sp. z o.o. in Łomianki and do not include value added tax (VAT) in the amount due, in accordance with applicable law.

3.2 List prices do not include:
- printing costs, – embossing, – engraving, – prepress costs, – packaging and shipping costs.

3.3 Prices published on the website (www.theonegroup.pl) must be confirmed by THEONEGROUP.PL Sp. z o.o. in a written confirmation of acceptance of the order for execution.



4 Order cancellation.


4.1 THEONEGROUP.PL Sp. z o.o. accepts the Customer’s cancellation of the ordered goods, if the written cancellation is delivered to THEONEGROUP.PL Sp. z o.o. at least 14 days before the scheduled date of delivery of the ordered goods, provided that the Customer reimburses all costs incurred by THEONEGROUP.PL Sp. z o.o. in the execution of the order.

4.2 The exception is the situation when the ordered goods have been produced or materials for their production have been purchased, in which case the cancellation has no legal effect.



5 Packaging.


5.1 TheOneGroup.pl Sp.z o.o. reserves the right to add the cost of packaging to the shipping costs of the ordered goods. The value of packaging and shipping costs will be specified in the written confirmation of acceptance of the order for execution.
5.2 Goods are sold only in minimum packages and multiples thereof.



6 Delivery.


6.1 Deliveries are made from the warehouse of THEONEGROUP.PL Sp. z o.o. located in Łomianki. The ordered goods are collected by the Ordering Party’s own transport, or, at the Ordering Party’s request, the goods are shipped via transport or courier companies, in which case the minimum net value of each shipment may not be lower than PLN 500.00.

6.2 In case of an order with a value higher than 10 000,00 zł/net, the cost of shipping is covered by THEONEGROUP.PL Sp. z o.o.
6.3. THEONEGROUP.PL Sp. z o.o. reserves the right to deliver +/- 5% of the ordered quantity of goods, as well as the possibility of partial deliveries, unless the requirement for full delivery is clear from the content of the order or the contract.

6.4 In the case of orders that do not comply with the minimum quantities of goods in the package, THEONEGROUP.PL Sp. z o.o. reserves the right to adjust the ordered quantities to the minimum quantities of goods in the package and issue appropriate invoices taking into account the amount of goods actually shipped.

6.5. The One Group Sp.z o.o. is liable for completed orders only up to the value of the order.

6.6. The One Group Sp.z o.o. reserves the right to postpone the execution date of an order or stop the execution of subsequent orders placed by the Customer in the event of unpaid payments for previous deliveries by the Customer, until the amount due to THEONEGROUP.PL Sp. z o.o. is paid in full.
6.7 When accepting goods from a transport or courier company, the Ordering Party shall be obliged to check the condition of the delivered packages. If the packaging is damaged or the goods are damaged in transit, this fact should be noted on the waybill or other appropriate document signed in the presence of a representative of the transport or courier company and immediately notify THEONEGROUP.PL Sp. z o.o.
6.8 The date of delivery of the ordered goods presented orally in the negotiations by THEONEGROUP.PL Sp. z o.o. is only an approximate date and should not be considered as a final date. The final date is the date contained in the written confirmation of acceptance of the order for execution.


7 Payment.


7.1 Unless otherwise agreed, payment of the price for the ordered goods shall be made no later than the date of receipt of the goods in the manner indicated in the invoice.

7.2
THEONEGROUP.PL Sp. z o.o. may make the execution of orders with printing, embossing or engraving subject to the payment of an advance in the agreed amount, calculated on the value of the ordered goods.

7.3 If the payment date is exceeded,
THEONEGROUP.PL Sp. z o.o. shall have the right to charge interest for late payment and charge the Ordering Party with any reminder costs.




8 Complaints.

8.1 It is the responsibility of the Ordering Party to check whether the delivered goods are in accordance with the written confirmation of acceptance of the order for execution.

8.2 In the event of non-compliance, the Customer shall immediately notify THEONEGROUP.PL Sp. z o.o. in writing. Such notification may not be sent later than 7 days from the date of receipt of the ordered goods.

8.3 In case of non-conformity of the delivery with the written confirmation of acceptance of the order for execution,
THEONEGROUP.PL Sp. z o.o. is obliged to complete the deficiencies, repair or replace the defective goods.
8.4.
THEONEGROUP.PL Sp. z o.o. reserves the right not to accept complaints on items printed, embossed, engraved, etc., if the service of printing, embossing, engraving was not performed by the company THEONEGROUP.PL Sp. z o.o.


8.5 THEONEGROUP.PL Sp. z o.o. is not responsible for the difference between the colors of the goods in the catalog (price list) and the actual color of the goods subject to order, as well as for minor differences in shades within the ordered assortment.

8.6 At the time of further resale of the ordered articles by the Ordering Party,
THEONEGROUP.PL Sp. z o.o. is released from responsibility for errors in delivery and defects of articles (does not apply to hidden defects).

8.7
THEONEGROUP.PL Sp. z o.o. will not accept claims for compensation of damages resulting from delay in receipt of goods, inability to perform delivery, breaches of contractual and legal obligations and the existence of fault in concluding the contract, unless these damages were caused by intentional activity of
THEONEGROUP.PL Sp. z o.o.




9. Sale of printed articles.


9.1
THEONEGROUP.PL Sp. z o.o. company does not make prints on entrusted goods.

9.2 The colors of the imprints in the PANTONE scale are determined in order to achieve the closest possible color in the PANTONE scale.

9.3 The price of printing does not include the cost of disassembly/assembly of some articles (e.g. wall clocks).

9.4. materials for printing should be sent in graphic files, in vector form, Illustrator or Corel version up to and including X5 (fonts converted to curves, color description according to Pantone scale).

9.5 Additional work on submitted materials (logo processing, making changes, etc.) will be priced individually according to the hourly rate where 1h = 100 PLN/net.

9.6 Articles marked with printing group “0” require individual analysis and calculation of printing, or to choose another alternative solution if printing for technological reasons is not possible.

9.7 Before starting production, the Ordering Party will accept the overprint project with visualization and, in justified cases, production samples. Production samples made at the request of the Purchaser may be made for a fee.

9.8 Deadlines for the execution of orders for printed articles shall be confirmed in a written confirmation of acceptance of the order for execution.

9.9. All materials needed to prepare and start production and execution of the order such as: plates, screens and matrices remain the property of
THEONEGROUP.PL Sp. z o.o.


10 Contractual right of withdrawal.


10.1
THEONEGROUP.PL Sp. z o.o. shall have the right to withdraw, in justified cases, in whole or in part, from the execution of a written order confirmed acceptance for execution, within a maximum period of 30 days from the date on which this confirmation occurred. On account of withdrawal from the execution of the written confirmed acceptance of the order for execution, the Ordering Party shall not be entitled to any claims for compensation. This shall not apply to the refund of the advance payment made by the Ordering Party pursuant to the provisions of Article 7.2 above.

10.2 In the event that the Ordering Party refuses to accept the ordered goods by the date indicated in the written confirmation of acceptance of the order for execution or any other agreed date,
THEONEGROUP.PL Sp. z o.o. shall be entitled to claim from the Ordering Party a contractual penalty equal to the gross value of the ordered goods, and the Ordering Party undertakes to pay this contractual penalty. Payment of the contractual penalty, does not deprive THEONEGROUP.PL Sp. z o.o. of the right to claim additional compensation under general rules up to the amount of damage actually suffered.



11 Partial performance of the order.
11.1 The order shall be executed by delivering to the Ordering Party the goods ordered by him.
THEONEGROUP.PL Sp. z o.o. reserves the right to partial execution of the order or to execute the order in parts, unless the requirement for full delivery is clear from the contents of the order or the contract.

11.2 In the event that
THEONEGROUP.PL Sp. z o.o. fails to perform an order, the Ordering Party shall be entitled to a refund of the advance payment made, and in the event that TheOneGroup.pl Sp.z o.o. fails to perform an order in part, the Ordering Party shall be entitled to a refund of the advance payment made in the relevant part, provided that the amount of the advance payment exceeds the value of the completed part of the order. The Ordering Party shall not be entitled to any further claims for damages against THEONEGROUP.PL Sp. z o.o. on this account.

11.3 In the event of partial execution of an order or agreement, or execution of an order or agreement in parts, the Ordering Party shall be obliged to pay for each completed part of the order or agreement.



12 Limitation of Liability.

12.1 THEONEGROUP.PL Sp. z o.o. shall not be liable for any damage caused by force majeure, the effect of which will result in non-performance or improper performance of the order. In particular, THEONEGROUP.PL Sp. z o.o. is not responsible for damages resulting from failure to meet the deadline for completion of the order or for damages resulting from the difference between the colors of goods indicated in the catalog (price list) and the colors of goods that are the subject of the order.
12.2 The risk of accidental loss of or damage to the ordered goods shall pass to the Ordering Party at the time of their release to the Ordering Party or release to the entity designated by the Ordering Party providing transport or courier services.



13 Liability under warranty.

13.1 THEONEGROUP.PL Sp. z o.o. shall not be liable under warranty for defects in ordered goods.
13.2 The exclusion of liability under warranty shall be ineffective if
THEONEGROUP.PL Sp. z o.o. has fraudulently concealed a defect in the goods.
13.3
THEONEGROUP.PL Sp. z o.o. shall not be liable for any damages resulting from the occurrence of any defect.



14 Copyright.

14.1 The purchaser agrees to use the goods made by THEONEGROUP.PL Sp. z o.o. in advertising materials, website www.theonegroup.pl, as part of the exhibition at trade fairs and as samples of the technical capabilities of the company THEONEGROUP.PL Sp. z o.o. as to the quality of marking.
14.2
THEONEGROUP.PL Sp. z o.o. has the right to include in its advertising materials information about the performance of services for the Ordering Party, unless otherwise stated in signed contracts.
14.3 The Ordering Party declares that he has acquired and owns copyrights and related rights to all content (trademarks) in the area and fields of exploitation allowing, in accordance with the law, to place them on the goods in the manner specified in the order or agreement, and that they are free from any legal defects and do not violate the rights of third parties and do not constitute an act of unfair competition. The Ordering Party shall be fully liable for damages therefrom (in the event that any claims are raised against
THEONEGROUP.PL Sp. z o.o. by third parties in connection with the goods, the Ordering Party agrees to satisfy such claims directly, or to reimburse THEONEGROUP.PL Sp. z o.o. the equivalent of the amounts and or other benefits that TheOneGroup.pl Sp.z o.o. had to meet in order to satisfy third parties; the Orderer shall also be liable for the legal costs incurred by THEONEGROUP.PL Sp. z o.o.).
14.4 The Ordering Party hereby authorizes
THEONEGROUP.PL Sp. z o.o. to exercise the copyrights and related rights referred to in Section 14.3 above to the full extent of its rights, solely for the purpose of fulfilling the order or contract.

14.5 All designs of goods prepared and developed by
THEONEGROUP.PL Sp. z o.o. belong to TheOneGroup.pl Sp.z o.o. and may not be copied or reproduced as well as may not be transferred to other subcontractors without the written consent of THEONEGROUP.PL Sp. z o.o.
15 Dispute resolution.


15.1 Should any disputes arise between the Parties and any discrepancies or claims arise, the Parties agree to work together to resolve them amicably by agreement.
15.2 In the absence of such agreement, disputes shall be resolved by a court having jurisdiction over the registered office of
THEONEGROUP.PL Sp. z o.o.

16 Final Provisions.
16.1 Any changes relating to the above conditions shall be in writing and accepted by both parties under pain of nullity.
16.2 In matters not covered by the above arrangements shall apply the provisions of the Civil Code.
16.3 The person placing an order at the registered office or by e-mail
THEONEGROUP.PL Sp. z o.o. accepts the above arrangements (unless otherwise agreed).

 

THEONEGROUP.PL Sp. z o.o.

ul. Majowa 6, 05-092 Łomianki

Biuro Handlowe: ul. Kaktusowa 1B, 05-092 Łomianki 

NIP: 1182221309, Regon: 141901981

tel: +48 22 888 92 90 , e-mail: biuro@theonegroup.pl