Sales regulations

• 1 GENERAL INFORMATION

The Sales Regulations, hereinafter referred to as the ‘Regulations’, define the rules for placing orders for the Producer’s goods, terms of order fulfillment, delivery terms, payment terms, rules for submitting and considering complaints.

The producer reserves the right to change the prices of goods in the offer, the introduction of new goods to the offer. The changes will not affect the effectiveness and method of performing previously submitted orders provided that there are no significant unexpected random events during the order.

The customer is obliged to comply with these Regulations.

• 2 DEFINITIONS

The expressions used in the text of these Regulations have been assigned the following meanings:

– proof of purchase – invoice, receipt

– customer – entity ordering the producer’s goods

– place of handing over the products – producer’s headquarters

– the moment of handing over the products – the moment when the buyer or a third party indicated by him for handing takes possession of the item,

– payment – method of payment by the buyer for the subject of the contract and delivery,

– producer – PPH „KILIAN” Ireneusz Kilian is a company owned by natural person working on the basis of an entry in the CEIDG with its seat in Łódź (post code 92-228, Łódź) Czechosłowacka Street No 39, NIP 7280125314, REGON 004332383.

– subject of the contract – goods ordered by the customer with an optional delivery service,

– deadline for completion of the order – the number of working days intended for completion of the order,

– goods – products offered for sale by the producer and sold by the producer on the basis of an agreement between him and the customer,

– defect – both a physical defect and a legal defect of the goods within the meaning of the provisions of the Civil Code,

– order – customer’s declaration of his will submitted to the producer, clearly specifying: the goods and its quantity, delivery method, any non-standard requirements, payment method, payment amount, delivery address.

• 3 ORDER’S AND SALE’S CONDITIONS

Orders are accepted in writing at the producer’s headquarter, via fax or via e-mail. Orders via fax and e-mail can be placed every day around the clock, however, they are processed only from Monday to Friday from 8:00 a.m. – 4:00 p.m., while personal orders can be placed from Monday to Friday from 8:00 a.m. to 4:00 p.m.

Orders placed on weekdays after 4:00 pm, on Saturdays, Sundays and public holidays will be processed on the next business day.

A necessary condition for the fulfilling of the order is providing full and correct customer data on the order (full name, registered office address, tax identification number – NIP, telephone number, e-mail address).

If the order is made by other persons authorized to make an order on behalf of the customer (authorized person), it is also necessary to attach a copy of the relevant power of attorney. In case of a contract on behalf of the customer by a person authorized without joining the power of attorney, this person will be considered by the producer as the properly authorized representative of the customer.

The delivery time depends on the availability of the goods in the producer’s magazine or the time needed to produce the ordered goods. The delivery time is given each time by the producer in the order’s terms, the producer reserves the possibility of delaying the order by a maximum of 30 days, for which the customer agrees. In case of a special incident / force majeure, the producer reserves the right to withdraw from the order.

If the customer is in arrears with payment for previous orders, the producer may refuse to carry out subsequent orders or refuse to release goods brought to the warehouse at the customer’s order, until the full amount of the debt will have been paid.

The contract for the content specified in the Regulations is concluded when the customer made the order. After making the order, the customer has no right to withdraw from the contract or to terminate it. The contract may be terminated only as a result of compatible declarations of the will of the customer and the producer.

A VAT invoice or receipt is issued for each order.

All prices are given net in Polish zloty or in a foreign currency and will be increased by the VAT tax.

The customer may place orders on standard and non-standard terms:

Standard order’s features:

– The difference in colour between the presented pattern and the executed order (coloured batch or individual dyeing batches) will be measured according to the DATA colour system to 1.5.

– Mass tolerance +/- 10%

– Width tolerance +/- 10%

– Shrinking by water washing in temp. 30 ° +/- 10%

– Colouring durability CO, PES 2/3

– Dry and wet friction CO, PES 2/3

Customized order’s features:

– The customer is obliged to provide in writing or by e-mail all necessary information regarding the subject of the order, in particular:

– combining different colours of goods in one product or with other types of raw materials,

– expected durability for water wash, dry, sweat, dry and wet friction, including types of knit fabrics or other textiles with which the goods ordered will be combined, including the types of fibres,

– required level of shrinkage for wet washing or steaming and dry cleaning,

– the required level of anti-pilling finish and test method,

– usage of finished products in special conditions,

– usage of unauthorized dyes,

– special winding or packaging of goods;

– giving of quality certificate.

• 4 DELIVERY CONDITIONS, RULES FOR TRANSPORT AND STORAGE OF GOODS

The product is delivered in the manner chosen and specified by the customer.

The customer is obliged to pick up the ordered goods on his own and at his own expense.

The customer can pick up the goods in person from the Producer’s warehouse or use the services of a courier/shipping company indicated by the Producer. The customer can also pick up the goods via a courier/shipping company he chose.

If the order also includes the provision of delivery by the producer, it will be carried out via a courier company. The delivery price will be specified in the order. The company providing shipping services works independent and its shipping services are subject of the forwarder’s regulations. The producer isn’t responsible for any irregularities related to the functioning of the courier company and any possible extension of the delivery time beyond that specified in the terms of accepting the order and for any damage to the goods.

As a rule, the producer packs the goods in a single foil. At the customer’s special request, the goods can be packed in double foil and additionally secured with tape. The goods beams are labeled for their identification.

After signing the receipt of the goods, all risks associated with its possession, use, loss or damage are transferred to the customer.

The product remains the property of the producer until the full sale price is paid.

The person collecting the goods, before confirming the receipt, is obliged to examine it in terms of quantity and quality in the presence of the producer’s employee or courier, in the case of delivery via a shipping company. In case of any deficiencies or damage, the person collecting the product is obliged to draw up a deficiency/damage report in the presence of the producer’s employee or the courier handing over the product and immediately inform the producer in writing or via e-mail. Any claims made after signing the receipt or reported differently than described above may not be recognized by the producer as legitimate.

Warehousing/storaging and transport of goods should be in a horizontal position.

The storage rooms must be dry and airy and should also be provided with appropriate lighting conditions: evenly diffused light. The goods must not be exposed to intense sunlight or other light and moisture.

• 5 PAYMENTS

Payment of the price for the goods can be made in cash/bank transfer, in accordance with the information provided in the order, based on a VAT invoice.

The invoice will be delivered to the customer in person or will be sent by e-mail to the address provided by the customer or attached to the beam of the goods shipped.

New customers are required to pay for the ordered goods within the time limit specified in the order. From new customers, the producer may require a prepayment for the ordered goods. The amount of the prepayment will be agreed between the parties and indicated in the order. To get the prepayment, the producer will issue a proforma invoice.

If the order depends on the prepayment, the producer will proceed with the order when the producer’s bank account is credited with the full amount of the prepayment.

The basis for payment is a VAT invoice. Payment will be due on the date specified in the VAT invoice or proforma invoice.

By placing an order the customer authorizes the producer to issue a VAT invoice/proforma invoice without his signature./The signature on the purchase invoice is also a confirmation of receiving the goods.

For delay in payment, the producer will be entitled to charge statutory interest, as well as to charge the customer with the full amount of the costs of claiming the payment of receivables, including in particular the costs of debt collection, summons and court and official costs.

• 6 COMPLAINTS

In accordance with art. 558 § 1 of the Civil Code, the warranty for the goods is excluded, except in the cases described below. The producer’s liability is limited to the value of the order covered by the complaint.

The customer is obliged to inspect the goods after receiving them. In the case of visible quality or quantitative defects, the customer is obliged to inform the producer about the defect by submitting a complaint regarding the purchased goods within 7 days from the receipt date. In the case of other defects, the customer is obliged to report them no later than within 30 days from the date of receipt of the goods.

If it turns out that the delivered goods have defects, the producer ensures, within the time agreed with the customer, the replacement of the defective goods with a defect-free one or the removal of the defect. If it’s not possible to replace the goods or remove the defect, the purchase price of the goods will be reduced accordingly or the contract will be withdrawn (goods returned). The customer cannot withdraw from the contract if the defect is irrelevant.

In the circumstances indicated above, the customer shall submit a written complaint together with a receipt/VAT invoice.

The purchased goods are returned to the producer’s address, which covers the costs of delivering the goods if the complaint is justified.

Complaints are considered within 14 days.

The producer may not accept the customer’s complaint in a situation where the defect of the goods is a consequence of not meeting the producer’s requirements in the field of transport, storage of goods or not meeting other producer’s recommendations.

If it isn’t possible to replace the product with a product free from defects within the time agreed between the parties or it isn’t possible to remove the defect, the producer will provide information about this to the customer by e-mail or by phone. In this case customer chooses if the price should be reduced accordingly or the goods should be returned with a simultaneous refund of the price paid.

• 7 GDPR INFORMATION CLAUSE

The administrator of your personal data is Ireneusz Kilian Przedsiębiorstwo Produkcyjno-Handlowe ‘KILIAN’ EKSPORT-IMPORT; it’s a company owned by a natural person working on the basis of an entry in the CEIDG with its headquarter’s in Łódź (postal code 92-228, Łódź) Czechosłowacka Street No 39, NIP 7280125314, REGON 004332383, e-mail: kilian@kilian.pl

The administrator indicates that you have the right to access your data, correct it, request its removal, limit processing, object to data processing and the right to transfer data. You also have the right to lodge a complaint with the supervisory authority if the data is processed contrary to the legal requirements. In Poland, the supervisory body is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

Your data will be processed in order to conclude and perform the contract concluded with the administrator, to make the necessary settlements in connection with its conclusion.

Providing data by you is voluntary, however, not providing them will result in the inability to conclude a contract.

The legal basis for the processing of your data to the extent necessary to conclude and perform the contract is art. 6 sec. 1 lit. b of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27/04/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter: GDPR). The basis for data processing is also art. 6 sec. 1 lit. f GDPR, i.e. the controller’s legitimate interest in ensuring the necessary settlements in connection with the concluded contract, satisfaction and marketing surveys involving the promotion of the controller and its services.

To the extent that the data is processed on the basis of your separate consent, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of data processing that was carried out before its withdrawal.

The recipients of your personal data will be: banks, payment operators, couriers and postal operators, entities supporting accounting and legal processes and entities providing IT services, including hosting.

Due to the fact that the administrator sells goods all over the world, your personal data may be transferred outside the European Economic Area to the extent necessary to perform the contract concluded by you, including countries that have not been recognized by the European Commission as ensuring an adequate level of personal data protection.

Personal data will be processed for the period necessary for the proper performance of the contract for the purchase of goods, including the complaint procedure, as well as resulting from tax regulations.

The data, in the scope resulting from the provisions on the limitation of claims and from tax regulations, will be processed for a period of 6 full years from the year of purchase.

You have the right to object to the processing of your personal data if the administrator processes personal data:

for direct marketing purposes; there is no need to justify such an objection;

on the basis of other legitimate interests of the administrator; such objection must be justified by your specific situation.

• 8 FINAL PROVISIONS

The following regulations are an integral part of the contract for the purchase of goods from the producer.

By placing an order, the customer reads these regulations and agrees to all provisions and information contained in the regulations.

The address provided by the customer in the order will be binding for the producer for all deliveries. The customer is obliged to inform the producer of any change of address under pain of negative consequences of breach of this obligation.

The producer reserves the right to amend the regulations.

Any disputes arising in connection with the implementation of sales contracts between the producer and the customers will be settled first by negotiation. However, if they don’t end amicably, the court competent to consider disputes arising from the sales contracts is the court competent for the seat of the producer.

In matters not covered by these regulations, the provisions of generally applicable law shall apply, including in particular the provisions of the Civil Code.

Effective from 01.05.2019