Terms of sale

TERMS AND CONDITIONS OF SALE (B2B – EU COUNTERPARTIES)

1. Wholesale Orders (B2B)

• Wholesale orders shall be placed via e-mail or through internet messaging applications with a sales representative or another authorised representative of Personal Electronics Sp. z o.o., with its registered office in Poland (hereinafter also referred to as the “Seller”).
• Each order must be made in written form.

2. Warranty and Limitation of Liability in Wholesale Trade (B2B)

Scope of Warranty

• The goods are covered by the manufacturer’s warranty, if applicable. Personal Electronics Sp. z o.o. excludes the Seller’s liability under statutory warranty for defects, excludes liability for loss of profits, and limits the Seller’s total liability under any legal grounds to the amount actually received for the specific order, pursuant to Article 558 §1 of the Polish Civil Code, except for defects fraudulently concealed by the Seller.
• The goods are supplied without any additional Seller’s warranty. The Seller shall be liable solely for conformity with the agreed specification and for the absence of material or manufacturing defects.
• The Buyer declares that it has reviewed these terms and conditions prior to placing the order. Placement of an order shall constitute acceptance of these terms.
• In the event of replacement of the goods, the same terms shall apply as for the originally supplied goods.

Buyer’s Rights

• The Seller’s sole obligation shall be, at its discretion, to repair the goods, replace the goods, or refund the purchase price.
• Any defects must be reported in writing within 5 business days from the date of delivery.
• Defective goods must be returned at the Buyer’s expense.

Warranty Exclusions

The warranty shall not apply if:

• the goods continue to be used after a defect has been reported,
• the defect results from improper use, installation, storage, or maintenance,
• the goods have been modified or repaired without the prior written consent of the Seller or the manufacturer,
• the damage results from normal wear and tear, flooding, mechanical damage, or negligence,
• the defect results from specifications provided by the Buyer,
• changes were required to ensure compliance with applicable legal regulations.

Exclusion and Limitation of Liability

• The Seller’s liability is limited exclusively to the warranty described above.
• Statutory warranty for defects is excluded to the maximum extent permitted by applicable law.

The Seller shall not be liable for:

• delays in delivery (except where such delays are caused by the Seller),
• loss of profits, indirect or consequential losses,
• business interruption, loss of reputation, or loss of data.

The Seller’s maximum liability shall be limited to the lower of the following amounts:

• EUR 2,000, excluding damage caused intentionally or resulting from gross negligence.

3. Delivery Terms

• Incoterms® 2020: FCA (Free Carrier)
• Delivery is carried out by UPS.
• Risk shall pass to the Buyer at the moment the goods are handed over to the carrier.
• Delivery dates are indicative only and shall not be binding.

Optional Services

• Express shipping: + EUR 2 / piece
• Insurance: + EUR 3 / piece

4. Payment Terms

• Advance payment; or
• In the case of auction-type offers – a deposit of 5% of the total order value.
• Quoted prices do not include insurance or taxes (e.g. VAT).

5. Governing Law and Jurisdiction (EU)

• These terms and conditions, all orders, and any agreements concluded between the parties shall be governed by and construed in accordance with Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
• Pursuant to Article 25 of Regulation (EU) No. 1215/2012 (Brussels I bis), any disputes arising out of or in connection with these terms, orders, or agreements shall be subject to the exclusive jurisdiction of the competent courts having territorial jurisdiction over the registered office of the Seller.