Regulamin

  1. H2O TIME
  2. Regulamin

B2B TERMS AND CONDITIONS OF SALE

H2Otime / Sport Company Polska Jacek Kryger

1. General Provisions
  1. These Terms and Conditions govern the sale of products by:

Sport Company Polska Jacek Kryger
trading also under the H2Otime brand
ul. Dworcowa 3
89-642 Rytel, Poland
Tax ID / NIP: 9670175114

hereinafter referred to as the “Seller”.

  1. These Terms apply exclusively to sales to business customers in Poland and abroad purchasing products in connection with their business or professional activity, hereinafter referred to as the “Buyer”.
  2. These Terms do not apply to consumers.
  3. Where mandatory provisions of law grant certain consumer-type rights to an individual entrepreneur in relation to anon-professional business transaction, these Terms shall apply only to the extent permitted by such mandatory provisions.
  4. Placing an order, accepting aquotation, making payment against apro forma invoice or otherwise confirming an order constitutes acceptance of these Terms.
  5. Any purchasing terms or general conditions used by the Buyer shall not apply unless expressly accepted by the Seller in writing.
2. Orders
  1. Orders may be placed by email, through an order form or by another method accepted by the Seller.
  2. An order submitted by the Buyer does not automatically bind the Seller.
  3. An order becomes binding upon its confirmation by the Seller, acceptance of payment against apro forma invoice, or commencement of order fulfilment by the Seller.
  4. The Seller may refuse to accept an order before it becomes binding.
  5. Any amendment or cancellation of an accepted order requires the Seller's prior consent.
  6. The Seller may make its consent to cancellation conditional upon reimbursement of costs already incurred in connection with the order.
  7. Custom-made, personalised, printed, branded or specially ordered products cannot be cancelled after production, personalisation, procurement or other individual preparation has commenced, unless the Seller expressly agrees otherwise.
  8. The Buyer is responsible for the accuracy of all information, specifications, artwork, logos, dimensions, quantities and other materials provided or approved for the purpose of fulfilling the order.
3. Prices, VAT and Payment
  1. Prices are generally quoted in EUR or PLN and are net prices unless otherwise stated.
  2. VAT shall be charged in accordance with the tax regulations applicable to the particular transaction.
  3. Where applicable, the Buyer shall provide avalid EU VAT identification number and any other information required for the correct tax treatment of the transaction.
  4. Unless otherwise agreed, customs duties, import taxes, customs clearance fees and other charges imposed in the country of destination shall be borne by the Buyer.
  5. The standard payment term is 7 days, unless adifferent payment term is specified in the quotation, pro forma invoice, invoice or individual agreement.
  6. The Seller may require full or partial advance payment before commencing production or dispatching the goods.
  7. The Seller is not obliged to commence or continue production or delivery until the required payment has been received.
  8. In the event of late payment, the Seller may suspend production, shipment and fulfilment of other orders and may charge interest and recovery costs permitted by applicable law.

EUR Bank Account

Sport Company Polska Jacek Kryger
Bank: ALIOR BANK O/CHOJNICE
IBAN: PL31 2490 0005 0000 4600 2983 3673
SWIFT/BIC: ALBPPLPW

4. Delivery and Transfer of Risk
  1. Goods may be delivered by courier, freight forwarder or another carrier, or collected personally by prior arrangement.
  2. Shipping costs are borne by the Buyer unless otherwise agreed.
  3. Delivery dates and lead times provided by the Seller are estimated, unless aspecific delivery date has been expressly guaranteed by the Seller in writing.
  4. Unless otherwise agreed, the risk of accidental loss of or damage to the goods passes to the Buyer when the goods are handed over to the first carrier for transportation to the Buyer.
  5. Where the Buyer arranges transport, risk passes when the goods are handed over to the Buyer or its carrier.
  6. The Buyer should inspect the shipment upon delivery. Visible transport damage or shortages should be immediately reported to the carrier and documented, preferably by means of adamage report.
  7. Where the parties agree on an Incoterms® rule for aparticular order, that agreed rule shall prevail over conflicting provisions of these Terms concerning transport, costs and transfer of risk.
  8. The Seller may make partial deliveries where reasonably justified.
5. Retention of Title
  1. To the maximum extent permitted by applicable law, ownership of the goods remains with the Seller until full payment for the relevant order has been received.
  2. Transfer of risk to the Buyer does not constitute transfer of ownership.
6. Warranty and Complaints
  1. To the maximum extent permitted by applicable law, the Seller's statutory liability for defects (rękojmia) towards business Buyers is excluded.
  2. Unless otherwise expressly agreed in writing, the Seller provides a12-month commercial warranty for H2Otime pool clocks.
  3. The warranty covers manufacturing and material defects.
  4. The warranty does not cover, in particular:
  • normal wear and tear;
  • mechanical damage;
  • transport damage occurring after the risk has passed to the Buyer;
  • incorrect installation or connection;
  • incorrect or unstable power supply;
  • use contrary to the operating instructions;
  • improper storage or maintenance;
  • modifications or repairs carried out without the Seller's authorisation;
  • damage resulting from misuse or circumstances beyond the Seller's control.
  1. Acomplaint should be submitted by email and include the invoice or order number, description of the fault and, where reasonably possible, photographs or video documenting the problem.
  2. The Buyer shall not return aproduct without prior agreement with the Seller.
  3. In the event of avalid warranty claim, the Seller may, at its own discretion:
  • repair the product;
  • replace the product or defective component;
  • supply areplacement component; or
  • refund or credit the price paid for the defective product or component.
  1. The method of resolving avalid commercial warranty claim shall be determined by the Seller.
  2. The commercial warranty does not cover costs of dismantling, installation, reinstallation, third-party servicing, travel, downtime or substitute equipment unless expressly agreed otherwise.
  3. If the complaint is found to be unjustified or the defect is not covered by the warranty, the Buyer may be charged reasonable costs of diagnostics, transportation and return shipment.
  4. Nothing in this section excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.
7. Returns and Cancellation
  1. In B2B sales, the Buyer has no contractual right to withdraw from the contract or return correctly supplied goods without cause.
  2. Any return of non-defective goods requires the Seller's prior written consent.
  3. The Seller may make acceptance of avoluntary return conditional upon the goods being unused and resalable and upon the Buyer covering reasonable transport, inspection, repackaging or other costs connected with the return.
  4. Custom-made, personalised, printed, branded or specially procured goods are non-returnable, unless the Seller expressly agrees otherwise or avalid claim exists under the commercial warranty.
8. Limitation of Liability
  1. To the maximum extent permitted by applicable law, the Seller shall not be liable for:
  • loss of profit or revenue;
  • loss of contracts or business opportunities;
  • business interruption;
  • downtime;
  • loss of anticipated savings;
  • indirect or consequential losses.
  1. The Seller shall not be liable for losses resulting from incorrect installation, incorrect use, use contrary to instructions, unauthorised modifications or use with incompatible equipment.
  2. To the maximum extent permitted by law, the Seller's total liability arising from or relating to aparticular order shall not exceed the net price actually paid for the product giving rise to the claim.
  3. The limitations set out above shall not apply where liability cannot legally be excluded or limited under mandatory applicable law.
9. Force Majeure
  1. The Seller shall not be liable for delays or failure to perform resulting from circumstances beyond its reasonable control, including in particular natural disasters, fire, war, strikes, epidemics, government restrictions, customs delays, transport disruptions, shortages of components or raw materials, supplier delays or interruptions in energy, telecommunications or IT systems.
  2. In such circumstances, the delivery or performance period shall be extended accordingly.
  3. Where such circumstances prevent performance for an extended period, the Seller may cancel the affected part of the order without liability for lost profits or indirect losses.
10. Intellectual Property and Buyer Materials
  1. All rights to H2Otime trademarks, product designs, technical documentation, photographs, graphics and other materials belonging to the Seller remain the property of the Seller.
  2. Where the Buyer supplies alogo, trademark, artwork, photograph, design or other material for use in connection with an order, the Buyer confirms that it has the necessary rights and permissions to use such material.
  3. The Buyer shall be responsible for third-party claims resulting from infringement of intellectual property rights caused by materials supplied by the Buyer.
11. Personal Data
  1. Personal data is processed in accordance with applicable data protection laws, including the GDPR where applicable.
  2. Personal data may be processed in particular for the purposes of handling orders, performing contracts, accounting, transport, warranty handling and establishing or defending legal claims.
  3. Detailed information concerning the processing of personal data may be provided in the Seller's Privacy Policy.
12. Governing Law and CISG
  1. These Terms and all contracts concluded between the Seller and the Buyer shall be governed by the laws of the Republic of Poland, subject to mandatory provisions of law that cannot validly be excluded by agreement.
  2. In international transactions, the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
  3. The parties expressly choose Polish law as the law governing their contractual relationship.
13. Jurisdiction
  1. To the extent permitted by applicable law, the courts having jurisdiction over the Seller's place of business in Poland shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or any contract between the Seller and the Buyer.
  2. Notwithstanding the above, where permitted by applicable law, the Seller may also bring proceedings against the Buyer before another court having jurisdiction over the Buyer or its assets, in particular for the recovery of outstanding payments.
14. Final Provisions
  1. The Seller may amend these Terms in relation to future orders.
  2. The version of the Terms applicable to aparticular order shall be the version applicable when the order becomes binding.
  3. Amendments to these Terms shall not retroactively affect contracts already concluded unless expressly agreed by the parties.
  4. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in force.
  5. Individually agreed written terms contained in aquotation, order confirmation, pro forma invoice or separate agreement shall prevail over these Terms to the extent of any conflict.
  6. Failure by the Seller to exercise any right under these Terms shall not constitute awaiver of that right.

Sport Company Polska Jacek Kryger
H2Otime
ul. Dworcowa 3
89-642 Rytel
Poland

Tax ID / NIP: 9670175114

EUR account:
ALIOR BANK O/CHOJNICE
IBAN: PL31 2490 0005 0000 4600 2983 3673
SWIFT/BIC: ALBPPLPW