General terms and

conditions for sale of products and placing orders

1. ORDERS shall be placed in writing (by e-mail or fax) or by phone, directly in the Sales Department of the Gospodarstwo Ogrodnicze Waganowice, Paulina Kusibab-Popowicz and Mirosław Popowicz SC.

2. We only sell in the following wholesale quantities:

  • minimum 90 plants of one variety in M-90 multiplats
  • minimum 60 plants of one variety in M-60 multiplats
  • minimum 50 plants of one variety in p9 pots

3. Batch labelling:
plants in M-90 and M-60 multiplats contain at least one identification marker with no plant images
plants in p9 pots contain at least two identification markers with no plant images per 50 plants
plants can be labelled in a different way pursuant to separate arrangements and decisions

4. PAYMENTS – payment conditions shall be settled each time separately and confirmed in writing on the order confirmation form
 
5. DISCOUNTS (price reductions) are granted in the following cases:
 
  • 2% off the net price to customers who buy plants in our company for the consecutive season
  • 3% off the net price on one-time orders above 3,000 plants
  • 5% off the net price on one-time orders above 5,000 plants
  • 7% off the net price on one-time orders above 10,000 plants
  • prices of protected and licensed varieties are not subject to discounts
 
6. DELIVERY – one-time deliveries above 5,000 plants are free of charge in the territory of Poland.
 
7. We hereby reserve the right to make adjustments to pricing at any time during the season for reasons including, but not limited to, changing market conditions.
 
8. The above Terms and Conditions for Sale of Products and Placing Orders contain abridged and most important information presented below in the General Terms and Conditions for Sale of Products (GTCS).

General terms and conditions for sale of products

GENERAL TERMS AND CONDITIONS FOR SALE OF PRODUCTS
(GTCS) WHICH APPLY TO AND GOVERN ALL SALES OF PRODUCTS BY GOSPODARSTWO OGRODNICZE WAGANOWICE [WAGANOWICE NURSERY] PAULINA KUSIBAB-POPOWICZ AND MIROSŁAW POPOWICZ PARTNERSHIP
effective from 8 September 2016, and constituting an integral part of each sales agreement concluded between Paulina Kusibab-Popowicz and Mirosław Popowicz Gospodarstwo Ogrodnicze Waganowice, Waganowice 44A, 32-090 Słomniki
and the Purchaser
§ 1
Definitions and Interpretation

For the purposes of this document and also for each sales agreement concluded between Paulina Kusibab-Popowicz and Mirosław Popowicz Gospodarstwo Ogrodnicze Waganowice [Waganowice Nursery], Waganowice 44A, 32-090 Słomniki, and the Purchaser, the following definitions shall be introduced and they shall mean the following:
1) General Terms and Conditions for Sale of Products (GTCS) – this document, hereinafter referred to as GTCS, whose content is accessible through the Nursery’s Online Services at https://gowsc.pl/wspolpraca/
2) Company – Gospodarstwo Ogrodnicze Waganowice [Waganowice Nursery] Paulina Kusibab-Popowicz and Mirosław Popowicz, Waganowice 44A, 32-090 Słomniki, NIP (Taxpayer Identification Number): 6821749340, REGON (National Register of Business Entities) number: 121314897, Company website: https://gowsc.pl/wspolpraca/, hereinafter referred to as GOW or the Seller.
3) Nursery’s Registered Office – Waganowice 44A, 32-090 Słomniki, Poland.
4) Parties – the Purchaser and the Nursery set up jointly.
5) Party – the Purchaser or the Nursery set up individually.
6) Purchaser – the Party of the Sales Agreement concluded with the Waganowice Nursery, which first of all may include any:
a) Consumer
b) legal person who does not run business activity or an organisational unit which is not a legal person but which acquires legal capacity by means of a respective act
c) Entrepreneur
d) Foreign Person, or
e) any Foreign Entrepreneur.
7) Consumer – any natural person who enters into a legal transaction with the Entrepreneur, which is not directly connected with their business or professional activities.
8) Entrepreneur – any Purchaser who is not a Consumer.
9) Foreign Person– any natural person who does not possess Polish citizenship, any legal person with their head office abroad and any organisational unit which is not a legal person but which acquires legal capacity by means of a respective act and possesses its head office abroad.
10) Foreign Entrepreneur – any foreign person who runs business activity abroad and any Polish citizen who runs business activity abroad.
11) Product/s – any plant material offered for sale by the Company.
12) Proof of Sale– any invoice, receipt or another evidence confirming the actual sale of the Product.
13) Appendix to the GTCS– any appendix to the GTCS intended for the Purchaser who is a Consumer.
14) Purchase Order Confirmation – any document, which is a source of information enabling the Purchaser to get acquainted with its content, issued by the Nursery and containing the following parts:

  • the Purchaser’s and the Nursery’s data
  • specifications regarding the Product/s ordered
  • Product’s net sales price +
  • information that indispensable taxes, including current VAT, packaging price – in the cases as mentioned in §8, Point 2 of these GTCS, and the delivery cost – if it is stipulated by the provisions of these GTCS – shall be added to the net price
  • agreed method of payment
  • agreed mode and place for collection/delivery of the Product/s.

15) Product Release – any moment in which the Product is released to the Purchaser or the person acting under their authority, or the Forwarding Company.
16) Product Packaging– any box pallets, pallets, boxes or special shelf trolleys used as Product Packaging and intended for the carriage of plants. For the purposes of these GTCS a growpot shall not be considered a packaging

§ 2
General Provisions

1. These GTCS define general terms and conditions of the Sales Agreement, and shall constitute an integral part of all sales agreements concluded between the Parties, i.e. between Paulina Kusibab Popowicz and Mirosław Popowicz, Waganowice 44A, 32-090 Słomniki, Poland, NIP (TIN) number: 6821749340, REGON (National Register of Business Entities) number: 121314897 (the Seller) – and the Purchaser.
2. Gospodarstwo Ogrodnicze Waganowice [Waganowice Nursery] conducts agricultural activity according to the principles of good agricultural practice.
3. Paulina Kusibab-Popowicz and Mirosław Popowicz conducting the above Nursery are not entrepreneurs and they do not carry out business activity pursuant to the Act of 2 July 2004 on freedom of establishment (i.e. Journal of Laws [Dz.U.] of 2015, Item 584 with later amendments).
4. The subject of sale are products offerd by the Nursery.
5. The Company possesses all the qualifications and rights required by the regulations of law to dispose of the Products, including the ones pursuant to the license and the sublicense agreements or similar agreements.
6. The Company does not run an on-line shop or online shopping of its Products and it does not provide consulting, forwarding or designing services either.

§ 3
Placing Purchase Orders

1. The Sales Agreement shall be conducted pursuant to the Purchase Order placed by the Purchaser.
2. The Purchase Order, mentioned in Point 1 above, shall constitute an offer to conclude an agreement as construed by the provisions of the Polish Civil Code, submitted by the Purchaser to the Company.
3. All orders shall be allowed to be placed in any of the below-mentioned ways which shall make it possible to unquestionably establish the Purchaser or the person acting under their authority or on their behalf, especially:
a) in writing by sending a letter to the Nursery’s Registered Office or its Branch
b) electronically by sending an e-mail to the Nursery’s following e-mail address: biuro@gowsc.pl, or by completing an electronic form accessible on the Nursery’s website
c) over the phone, calling on (+ 48) 124 426 050, or
d) verbally at the Nursery’s Registered Office or its Branch.
4. The Purchase Order shall contain the following information:
a) the Purchaser’s personal data, i.e. in the case of:

  • natural persons who do not conduct business activity: name, surname, place of residence, personal identity number or another identity number, e-mail address and telephone number
  • legal persons who conduct business activity: name, surname, place of residence, company name and address where the business activity is run, taxpayer identification number or another identification number used for the taxpaying purposes if the above person is a holder of such a number, e-mail address, telephone number, personal details of the persons authorized to contact the Company
  • other entities than natural persons: name of the entity; address of the entity’s registered office; taxpayer identification number or another identification number used for the taxpaying purposes if a given entity is a holder of such a number; when a given entity is subject to entry in the register: name of the register and the entry number; personal details of the person acting on behalf or under the authority of the entity, including their e-mail address and the telephone number.

b) quantity, name of variety and the type of the Product/s ordered
c) initially agreed method of payment
d) initially agreed mode of collection/delivery of the Product/s
e) initially agreed place of delivery for the Product/s if another mode of collection than personal has been selected by the Purchaser, and
f) a written statement of having read, understood and accepted in full the content of these GTCS, and – should the Purchaser be a Consumer – a written statement of having read, understood and accepted in full the content of the Appendix to these GTCS.
5. The parts of the Purchase Order mentioned in Paragraph 3, Points 4c) to 4e) above must be definitively confirmed within two (2) calendar days prior to the delivery of the Product/s or its/their collection.
6. Submitting the statement of intention, mentioned in Point 4f) above, shall be understood as the Purchaser’s each behaviour which shall manifest their intent in a sufficient way, including disclosure of their intent through electronic means of communication.
7. The Purchaser, from the moment of placing the Purchase Order, shall be legally bound by the provisions of these GTCS, and when the Purchaser is a Consumer – also by the provisions of the Appendix to these GTCS.
8. When in doubt, it shall be presumed that placing the Purchase Order shall imply that the Purchaser has submitted the statement of intension and has read and understood the content of these GTCS, and if the Purchaser is a Consumer, also the content of the Appendix to these GTCS, and that they have accepted all the terms and conditions contained herein.
9. The Purchase Order placed by the Purchaser shall not be binding for the Nursery.
10. After verifying the Purchase Order placed pursuant to Point 2 above, the Nursery shall confirm it:

  • in writing by sending a letter to the address indicated by the Purchaser or directly to the Purchaser in person, or
  • electronically by sending the Purchase Order Confirmation to the e-mail address indicated by the Purchaser.

11. The Purchase Order Confirmation should contain the parts mentioned in § 1, Point 15 of these GTCS. A lack of delivering the Purchase Order Confirmation to the Purchaser in such a way as mentioned in Point 10 above shall not be understood as its tacit confirmation. Should the Purchaser be a Consumer, the Appendix to these GTCS shall be attached to the Purchase Order Confirmation.
12. The Nursery and the Purchaser shall be legally bound by the Purchase Order Confirmation from the moment of its delivery to the Purchaser (i.e. from the moment of concluding the Sales Agreement).
13. In the case of placing the Purchase Order verbally by the Purchaser at the Nursery’s Registered Office or its Branch, or when another personal mode of collecting the Product/s has been selected, the Purchase Order may be confirmed by the Purchaser or the person acting on their behalf or under their authority by signing in hand a copy of the Proof of Sale for the Company.
14. With the express content of the Nursery, the Purchaser may at any time, however not later than within thirty (30) calendar days prior to the date of collecting or releasing the Product/s to the Forwarding Company, change the Purchase Order or even totally withdraw it.
15. Each Sales Agreement concluded between the Nursery and the Purchaser, irrespective of the provisions stipulated in Points 6 – 8 above, shall be confirmed by issuing the Proof of Sale as a paper or electronic document.
16. The Proof of Sale shall be transferred to the Purchaser or the person acting under their authority or on their behalf at the moment of collecting the Product/s at the latest. The Proof of Sale, subject to approval of the Purchaser, may also be delivered to the Purchaser by means of a postal operator to the address indicated in the Purchase Order or electronically to the e-mail address indicated in the Purchase Order.
17. The Sales Agreement between the Nursery and the Purchaser shall not be binding if the Nursery has not been able to verify the diligence and truthfulness of the Purchase Order placed by the Purchaser and their particulars mentioned in Point 4a) above.
18. The Purchaser shall be liable for all mistakes committed while placing the Purchase Order, especially the ones pertaining to the information mentioned in Point 4 above. 2. . In the case of supplying wrong or incomplete data by the Purchaser, the Nursery may issue a corrective invoice.

§ 4
Product/s

1. Due to a specific character of the Product/s on the Nursery’s offer, their size and dimensions shall only be of informative character. The plants of the same variety of the Products possess features characteristic of a given variety, as well as their individual features.
2. The Parties shall allow for the incidence of differences in the Products delivered to the Purchaser with the Purchase Order within the stipulations of this provision. The following differences in size shall be allowed between the plants within the Purchase Order:

  • +/-15% differences in the size and height of individual plants agreed upon while placing the Purchase Order, and
  • differences resulting from the natural incidence of such differences within the same variety.
§ 5
Purchase Prices and Discounts

1. Any advertisements, price lists, advertising and promotional materials, photographs or another pricing information concerning the Products and their Purchase Prices, directed to an unspecified number of entities or accessible on the Nursery’s website, shall be solely of informative character and shall not constitute a binding offer as stipulated by the provisions of the Polish Civil Code.
2. All prices included in the advertisements, price lists, advertising and promotional materials, and pricing information of the Seller shall be given in Polish zloty (PLN) as net prices and shall include information that the currently binding VAT shall be added to them. For Customers who are Foreign Persons or Foreign Entities, the prices of the Products shall be given in Euros as net prices and shall include information that the currently binding VAT shall be added to them.
3. The Nursery may grant the following discounts (price reductions) for its Products:
a) 2% off the net price on Purchase Orders from regular customers
b) 3% off the net price on one-time Purchase Orders above 3,000 plants
c) 5% off the net price on one-time Purchase Orders above 5,000 plants
d) 7% off the net price on one-time Purchase Orders above 10,000 plants.
4. In the event of discount overlapping, the price reductions shall count aggregate.
5. Discounts (price reductions) mentioned in Point 3 above, shall not be granted for such Products as: protected and licensed plant varieties.
6. The Nursery hereby reserves the right to make adjustments to pricing and granting discounts at any time during the season for reasons including, but not limited to, changing market conditions.

§ 6
Purchase Prices and Payment Terms and Conditions

1. The terms and conditions of payment for the Product/s shall be each time individually agreed upon with the Purchaser and afterwards each time confirmed on the Purchase Order Confirmation. The following shall be added to the net price: indispensable taxes, including current VAT, packaging price – as stipulated in § 8, Point 2 of these GTCS – and the delivery costs if they have been stipulated by the provisions of these GTCS (gross price).
2. All payments for the Nursery shall be made in Polish zloty (PLN) and in a non cash manner unless it has been agreed upon by the Parties otherwise.
3. The Purchaser’s obligation to pay the Purchase Price shall arise and shall be chargeable at the moment of releasing the Product/s. The date of payment for the Product/s shall be indicated in the Proof of Sale once it has been individually agreed upon with the Purchaser. However, should the Purchaser decide to pay in cash for the Product/s, then they shall be obliged to make the payment at the moment of collecting the Product/s, either in the Nursery’s or its Branch’s Cashier’s Office.
4. The Customer shall remain in arrears with their payments if they have not paid the whole Purchase Price for the Product by the date mentioned in the Proof of Sale. Should the Customer remain in arrears with their payments, the Nursery shall be entitled to take all legal actions and demand statutory interests for the period of time of their remaining in arrears and demand the arrears due plus the interests accrued on late payments.
5. Should the Customer’s financial situation deteriorate or should they remain in arrears with their previously promptly processed orders by the Nursery, the Nursery shall have the right to:
a. withhold the delivery or release of the Product/s until the payment remaining in arrears is paid in full
b. and demand a collateral for the payment of the Purchase Price.

§ 7
Product Release and Delivery

1. At the time of releasing the Product, the Purchaser shall take over the physical possession of the Product/s and the benefits and burdens related to it, as well as the danger of damaging or losing the Product/s.
2. The Purchaser may:
a) personally collect the Product/s purchased at theNursery’s Branch or they shall be allowed to authorize another person to do so, or
b) require that the Product purchased be delivered to a venue requested by the Purchaser.
3. The costs of delivery mentioned in Point 2b) above, shall be added to the Product Price and shall be borne by the Purchaser. Should the Purchaser place an order for at least 5,000 pieces of the Product then the delivery costs in the territory of Poland shall be borne in full by the Nursery.
4. The Nursery cooperates with a Professional Forwarding Company which provides adequate delivery conditions for the Products. The Nursery shall not be liable for the damage, loss or destruction of the Product/s which occurred due to or during its/their delivery, and the Purchaser shall be entitled to make a claim for compensation or indemnification in respect of the damage, loss or destruction of the Product/s suffered directly at the Forwarding Company.

§ 8
Product Packaging

1. The Nursery shall be obliged to sell its Product/s in appropriate packaging for the requirements of the Product/s prior to relieving the Product/s to the Purchaser or the person acting under their authority or to the Forwarding Company to secure it/them against any damage for the time of delivery.
2. Should the Parties agree that the packing is not returnable then its price shall be added to the price of the Product/s.

§ 9
Limitations of Liability Resulting from Negligence in Performance of Agreement

1. The Nursery shall be liable for the damage or loss suffered by the Purchaser resulting from the performance of the Agreement solely to the extent of its liability for its culpable actions.
2. The Parties shall not be liable for their partial or total failure to accomplish the Agreement due to the incidence of force majeure. Force majeure shall mean any incidence of exceptional character caused by an unfortunate twist of fate, such as: disasters, acts of the legislative or executive powers or disturbances in the spheres of collective life, etc., which occurred after the agreement had been concluded and remained totally beyond the control of the Parties.
3. Should the damage or loss occur, the Purchaser shall be obliged to immediately, but not later than within two (2) calendar days from the day of the first damage or loss occurrence notify the Nursery about that fact and undertake all rational precautions in order to secure the Product/s and prevent any further damage or loss.
4. The Nursery reserves the right that all claims resulting from an undue performance of the Sales Agreement shall be made by the Purchaser within the deadline of six (6) months counting from the day of concluding the Sales Agreement.

§ 10
Limitation of Liability for the Product Defects

1. The Nursery is a holder of certificates, licenses and sublicenses pursuant to which it possesses the right to produce and sell the Product/s.
2. Due to a specific character of the Product/s sold, the Nursery shall remain liable to the Purchaser solely:
a) for the defects of the Product/s within lack of conformity of the Product/s with the content in the Product Order Confirmation, with the stipulation of § 4 of these GTCS, and
b) for the defects of the Product/s which occurred due to the prevalence of diseases or pest activities prior to releasing the Product/s to the Purchaser.
3. Provisions of § 9, Points 1 and 2, shall apply accordingly.
4. The Purchaser shall be obliged to examine the Product/s collected or delivered, and should there be found any defects mentioned in Point 1 above, the Purchaser shall obliged to immediately, but not later than within two (2) calendar days from the day of collecting the Product/s ordered, report the above to the Nursery in writing, specifying the defects and their types, with the stipulation of the provisions of the Appendix to these GTCS when the Purchaser is a Consumer.
5. When finding a defect to the Product, for which the Nursery shall be liable pursuant to these GTCS, the Purchaser shall be obliged to immediately, but not later than within three (3) working days counting from the day of finding the defect and counted pursuant to the provisions of Point 4 above, report the above to the Nursery and undertake all rational precautions to secure the Product/s and prevent it/them from further damage or loss.
6. Should the complaint be found justified, the Nursery shall be obliged to exchange the Product/s claimed for a new one/s free from any defects or return the price paid if the exchange of the Product/s is not possible, within fourteen (14) calendar days counting from the day of confirming the complaint.
7. The Nursery shall not be liable for any:
a) mechanical damage to the Product/s resulted during the delivery
b) Product damage or loss resulted due to erroneous or wrong nurturing or cultivation of the Product/s caused by the Purchaser or the persons for whose actions the Purchaser was liable or who acted on their behalf or under their authority
c) Product damage resulted due to improper utilisation or use of the Product/s by the Purchaser or the persons for whose actions they were liable or who acted on their behalf or under their authority during the cultivation of the Product/s
d) Product damage or loss resulted due to the negligence of the provisions of these GTCS, provisions of the Appendix to these GTCS and Company’s recommendations by the Purchaser or the persons for whose actions they were liable or who acted on their behalf or under their authority
e) Product defects non-existent at the moment of releasing the Product/s to the Purchaser or the persons acting on their behalf or under their authority
f) actions undertaken by the Purchaser, persons for whose actions they were liable or the persons who acted on their behalf or under their authority in order to remove the defect, and
g) any further Product loss or damage resulting from the failure in trying to secure the Product/s or prevent its/their further damage by the Purchaser or the persons for whose actions they were liable or the persons who acted on their behalf or under their authority.
8. The Nursery shall be relieved from its liability for any Product defects if the Purchaser knew about such defects or if they became knowledgeable about them at the moment of releasing the Product/s to the Purchaser at the latest.
9. The liability of the Nursery arising from the Product defects in any case shall not exceed the value of the Product/s complained about. The Nursery shall not be liable for any indirect, consequential or special losses or damages, such as loss of revenue or loss of profit arising from the Product defects or damage
10. The Nursery reserves the right that all claims concerning the Product defects shall be submitted by the Purchaser within not more than six (6) months, counting from the day of concluding the Sales Agreement.
11. The provisions of Articles 556 to 576 of the Polish Civil Code are not applicable to the sales agreements concluded pursuant to these GTCS, and especially to the provisions concerning the Nursery’s liability for the Product defects or damage.

§ 11
Personal Data Protection

1. The Nursery is obliged to protect personal data of its contracting parties, including the Purchasers’, pursuant to the provisions of the Personal Data Protection Act of 29 August 1997 (Law Gazette [Dz.U.] of 2016, Item 922) and it shall make every effort to secure it against unauthorised access or use unless the regulations of law provide for otherwise. The Nursery shall not collect or process the data stipulated by the provisions of Art. 27, Point 1 of the Personal Data Protection Act.
2. The procedures of personal data protection applied at the Nursery shall be explicitly defined in the document entitled: The Personal Data Protection Policy with the IT Management System Guidance, accessible at the Nursery’s Registered Office and its Branch. The above documents must be made accessible to the Purchaser at their request to get acquainted with their content.
3. Paulina Kusibab-Popowicz and Mirosław Popowicz running Gospodarstwo Ogrodnicze Waganowice [Waganowice Nursery] at 44A Waganowice, 32-090 Słomniki, Poland shall be the Data Protection Officers in the Nursery.
4. For the effective reception of the Purchase Order and its proper processing, the Purchaser – at the moment of releasing the Product/s at the latest – shall be obliged to grant their consent to put their personal data in the Nursery’s personal database and to process it for the purposes connected with the Sales Agreement concluded. The Purchaser may also grant their consent to process their personal data for the marketing purposes.
5. The Nursery shall not have the right to process the Purchaser’s personal data for the purposes not expressly granted by their consent.
6. The Purchaser’s consent for the processing of their personal data may be submitted as a paper or electronic. Removing the Purchaser’s personal data from the Nursery’s database shall not require the Purchaser’s consent.
7. The Purchaser shall have the right to control the processing of their personal data in the Nursery’s database. The control procedures mentioned above shall be specified by the Personal Data Protection Policy.

§ 12
Final Provisions

1. These GTCS shall be governed and construed in accordance with the Polish law and solely the provisions of the Polish law shall apply in the event of concluding any sales agreements with the Nursery.
2. Should the Purchaser be a Consumer, the Appendix to these GTCS shall be attached and it shall constitute their integral part.
3. These GTCS, and – in the case when the Purchaser is also a Consumer – an Appendix to these GTCS shall constitute an integral part of all sales agreements concluded between the Nursery and the Purchaser. These GTCS shall be binding for the Parties from the moment of commencing the mode of placing the Purchase Order.
4. The Purchaser’s acceptance of these GTCS shall be an indispensable condition for the effective conclusion of the Sales Agreement between the Parties. Should the Purchaser be a Consumer, the effective conclusion of the Sales Agreement between the Parties shall also include the acceptance of these GTCS and the Appendix to these GTCS.
5. The Parties shall unanimously decide that the jurisdiction proper for resolving any disputes arising, or the ones which may arise, from the sales agreements whose integral part constitute these GTCS, and when the Purchaser is a Consumer also the Appendix to these GTCS, shall be the jurisdiction of the courts in Poland.
6. The Parties declare that they shall strive to amicably resolve all disputes arising in connection with the performance of the sales agreements whose integral part constitute these GTCS, and when the Purchaser is a Consumer also the Appendix to these GTCS. Should the dispute be not resolved amicably, each Party may demand to have it resolved by the court proper for the Nursery’s Registered Office.
7. Should any or any part of the provisions contained in these GTCS turn invalid, the remaining part of these GTCS shall remain valid, and such invalid provisions shall be replaced by the valid ones.
8. The Nursery reserves the right to unilaterally amend the provisions of these GTCS at any time. The amended GTCS shall be binding from the moment of publishing them on the Nursery’s website and they shall apply to the sales agreements made:
a) prior to the amendment to these GTCS – from the moment of notifying the Purchaser about the amendments, and
b) after the amendment to these GTCS – from the moment of publishing them on the Nursery’s website.
9. With the stipulation of the cases explicitly provided by the Parties, these GTCS exclude the use of other provisions of agreements, agreements, regulations or mechanisms or patterns which could be contrary to the provisions of these GTCS. Should the provisions of agreements, regulations or mechanisms or patterns of agreements binding at the Purchaser’s be contrary to the provisions of these GTCS, the provisions of these GTCS shall take precedence in relations between the Parties.
10. Should these GTCS stipulate so, the Parties shall be allowed to regulate a given issue otherwise than it has been provided by the provisions of these GTCS, however with due regard for the remaining provisions of this document, generally applicable legal regulations, principles of social life and good agricultural practice. The Parties shall be obliged to confirm all issues stipulated otherwise in the Purchase Order Confirmation.
11. The cases not regulated by these GTCS shall be governed by the provisions of the Polish law, especially by the provisions of the Polish Civil Code.
12. These GTCS have been drawn up in the Polish and English languages. Should there arise any interpretative discrepancies concerning these GTCS, its Polish version shall govern.
13. These GTCS shall become effective from 8 September 2016.

 

 
 
————————————————————————————–
APPENDIX TO THE GENERAL TERMS AND CONDITIONS FOR SALE OF PRODUCTS WHICH APPLY TO AND GOVERN ALL SALES OF PRODUCTS BY
GOSPODARSTWO OGRODNICZE WAGANOWICE [WAGANOWICE NURSERY] PAULINA KUSIBAB-POPOWICZ AND MIROSŁAW POPOWICZ PARTNERSHIP

effective from 8 September 2016, and constituting an integral part of the General Terms and Conditions of the Sales Agreement and each sales agreement concluded between Paulina Kusibab-Popowicz and Mirosław Popowicz, who run the Waganowice Nursery Paulina Kusibab-Popowicz and Mirosław Popowicz Partnership at 44A, Waganowice, 32-090 Słomniki, Poland,
and the Purchaser who is a Consumer
 
§ 1
For the purposes of this document, and also for the purposes of each sales agreement concluded between Paulina Kusibab-Popowicz and Mirosław Popowicz, who run the Waganowice Nursery in Waganowice at 44A, 32-090 Słomniki, Poland, and the Purchaser, the following definitions shall be introduced and they shall mean the following:
a) Nursery Premises – the building in which the Nursery runs its activity, situated on the premises: – at 44A Waganowice, 32-090 Słomniki, Poland
b) Distance Agreement – an agreement concluded by the Nursery with the Consumer within an organised system of concluding distance agreements, without simultaneous physical presence of the Parties, and with the exclusive use of one or more means of distance communication until the moment of concluding the agreement inclusively
c) Agreement Concluded off the Nursery Premises – an agreement with the Consumer concluded:
– at simultaneous physical presence of the Parties in a venue which is not the Nursery Premises
– as a result of accepting the offer made by the Consumer in the circumstances mentioned in Point a) above
– on the Nursery Premises or through means of distance communication directly after individual and personal contact with the Consumer was made in the venue which is not the Nursery Premises, and at simultaneous physical presence of the Parties
– during a tour organised by the Nursery whose aim or effect was promotion of Products or conclusion of agreements with Consumers
d) Tour organised by the Nursery – including, but not limited to trade fairs, exhibitions and business trips.
§ 2
The Purchaser who is a Consumer shall not be liable, in respect of the use of a given means of payment, for fees that exceed the cost borne by the Nursery for the use of such means.
§ 3
1. In regard to the Distance Agreement or the Agreement concluded off the Nursery Premises, the Nursery – after the confirmation of the Purchase Order – shall inform the Purchaser who is not a Consumer about their right to withdraw from the sales agreement within fourteen (14) calendar days without providing any reasons.
2. The withdrawal period mentioned in Point 1 above, shall expire after the lapse of fourteen (14) calendar days, counting from the day on which the Purchaser who was a Consumer acquired the material possession of the Product or on which a third party, other than the Forwarding Company or the one indicated by the Purchaser, acquired the material possession of the Product.
3. In order to exercise the right of withdrawal, the Purchaser who is a Consumer shall be obliged to notify the Nursery about their decision about withdrawal from the Distance Sales Agreement or the one concluded off the Nursery Premises by means of an explicit statement which may be delivered to the Nursery by means of a postal operator or by electronic mail. All necessary addresses and telephone numbers are provided in § 1 of the GTCS.
4. In order to withdraw from the agreement, the Purchaser who is a Consumer may use the withdrawal form attached to this Appendix to the GTCS; however, that procedure shall not be obligatory.
5. The sales agreement withdrawal period shall be retained if the Purchaser who is a Consumer sends information concerning the execution of their right to withdraw from the agreement before the lapse of the period of time provided for the agreement withdrawal mentioned in Point 1 above. 1.
§ 4
1. In the case of the withdrawal from the agreement, mentioned in § 3, Point 1, the Purchaser who is a Consumer shall bear solely the direct costs of returning the Products.
2. The Nursery shall reimburse the Purchaser who is a Consumer all payments received from them, including the delivery costs, on condition that the Parties agreed that they were borne by the Purchaser, and the costs of the Product Packaging, in the case as stipulated in § 8, Point 2 of the GTCS, immediately and in each case not later than within fourteen (14) calendar days from the day on which the Nursery was notified about the execution of the right of withdrawing from this Sales Agreement.
3. The Nursery shall return the payment by means of the same method of payment which was used during the original transaction by the Purchaser who was a Consumer, unless they clearly agreed otherwise.
4. As regards the situation referred to in Point 2 above, the Purchaser shall not bear any payments concerning the above reimbursement.
5. The Nursery has the right to withhold the return of payment till the moment of receiving the Product/s or till the moment of supplying the Nursery with the proof of returning it/them.
§ 5
1. If a Purchaser who is a Consumer received the Product/s pursuant to the Sales Agreement and in the case of withdrawing from the Agreement they are obliged to immediately return the said Product/s to the address of the head office of the Nursery or its branch and not later than within fourteen (14) days from the day on which the Nursery was notified about the execution of the right of withdrawing from this Sales Agreement.
2. In the event stipulated in §5 Point 1 above the Purchaser who is a Cosumer is obliged to incur direct costs of returning the Product/s.
§ 6
As a result of withdrawing from this Sales Agreement, the Purchaser who is a Cosumer shall bear responsibility for decreasing the value of the Product/s returned due to using them in a way exceeding the character, features and functioning of the said Product/s.