General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE (effective as of March 20, 2023)

§1 INTRODUCTION

1. These General Terms and Conditions of Sale (hereinafter referred to as the GTCS) set forth the rules for concluding sales contracts for goods by Horizont Rolos Sp. z o.o. (hereinafter referred to as Horizont or the Seller), with its registered office in Wyszków, ul. Henryka Sienkiewicza 2, 07-200 Wyszków, entered in the Register of Entrepreneurs maintained by the District Court in Białystok, 12th Commercial Division of the National Court Register, under KRS number 0000137873, NIP: 7620003048, REGON: 550329145

1. These General Terms and Conditions of Sale constitute an integral part of all sales contracts concluded by Horizont as the seller, including contracts concluded in the form of a written order.
2. These GTS are available to the Buyer prior to the conclusion of the contract in writing at Horizont’s registered office or on the website www.horizont.com.pl. If the Buyer is a consumer, these GTS are binding upon delivery prior to the conclusion of the contract.

1. The parties exclude the application of any other terms and conditions used or established by the Buyer.
2. The provisions contained in these GTC may be amended only in writing, under penalty of nullity. Any different arrangements agreed upon and confirmed in writing by the parties shall take precedence over the provisions of the GTC to the extent that they are regulated differently from the GTC.

§2 OFFERS AND ORDERS

1. Information posted on the Horizont Rolos Sp. z o.o. website, in catalogs, brochures, flyers, advertisements, and other publications does not constitute an offer within the meaning of the Civil Code, even if a price is listed. Publications regarding products offered by the Seller are for informational purposes only, while samples and specimens displayed by the Seller are for illustrative purposes. Detailed technical specifications provided in publications may be subject to change at any time
2. The Buyer’s order should include the information necessary for order fulfillment, in particular: the Buyer’s name or company name, exact address, tax identification number (NIP), reference to the offer number (if applicable), specification of the ordered goods, quantity of goods ordered, delivery date, place, and terms, including the cost of delivery or pickup.
3. The effective conclusion of the sales contract is conditional upon the Buyer placing an order and the Seller’s written confirmation of the order (via email or by mail to the company’s registered office address). Written confirmation of the order means that Horizont has received the order and accepted it for fulfillment under the terms specified in the confirmation. The Buyer’s submission of an order does not bind the Seller, and the Seller’s failure to respond does not constitute tacit acceptance of the order.
4. If the order relates to a previously submitted offer, the offer number must be included on the order. If the offer number is not referenced, Horizont shall not be liable for any price discrepancies on the VAT invoice, lack of product availability, or discrepancies in the specific product parameters specified in the original order.
5. Cancellation of an order by the Buyer is permitted only in exceptional circumstances, following prior written agreement with Horizont regarding the terms of cancellation. The Seller reserves the right to charge the Buyer for the actual costs incurred up to the time of cancellation—not exceeding the value of the order.
6. If the Seller’s inability to perform the service resulted from force majeure, the Buyer shall have no claim for compensation for damages arising from non-performance or untimely performance of the contract.

§3 DELIVERY TERMS AND CONDITIONS

1. Horizont is obligated to deliver the goods and hand them over to the Buyer at the Seller’s headquarters in Wyszków on weekdays between 8:00 a.m. and 2:30 p.m. or at another location according to terms agreed upon by the parties. Deliveries made outside the Seller’s premises will be carried out via courier companies, including: Raben, GLS, InPost, DPD, and UPS.
2. If the payment terms specify “prepayment,” the delivery date may be extended by the duration of the delay in payment. The date of payment is deemed to be the date the funds are credited to the Seller’s bank account.
3. Horizont is not liable for any losses, damages, or costs (direct or indirect) resulting from the Buyer’s claims due to delivery errors or delays caused by the carrier.
4. All benefits and burdens associated with the goods, as well as the risk of their accidental loss or damage, pass to the Buyer upon release of the goods from the warehouse.
5. If the delay in accepting the goods exceeds 2 weeks or if the Buyer refuses to accept the goods, the Seller shall charge the Buyer a storage fee of 0.5% of the value of the goods for each day, and if the storage cost exceeds this amount, the Seller may demand payment up to the full storage cost.
6. The Buyer is obligated to verify the conformity of the delivered goods with the order immediately upon receipt. The Buyer is obligated to check, in particular: the condition of the shipment and the quality, quantity, and assortment of the delivered goods, and to immediately (i.e., within 5 business days at the latest) report any objections in this regard to the carrier and the Seller by preparing a non-conformity report. Horizont reserves the right to inspect the reported damage at the delivery location.
7. Horizont reserves the right of ownership of the sold goods, which means that Horizont remains the owner of the goods until full payment has been made for the received goods and any other amounts due under the sales contract, regardless of the location of storage or installation in other items.

§4 PAYMENTS AND PRICES

1. The payment terms and method are agreed upon individually for each Buyer.
2. Unless otherwise agreed between the parties, the price of the goods is the price specified in the order confirmation.
3. The Buyer is obligated to pay the amount due for the sale of the goods by the date specified in the invoice.
4. Payment is deemed to have been made on the date the payment is credited to the Seller’s bank account specified on the invoice, or on the date of cash payment.
5. If the Buyer fails to make payment by the specified deadline, Horizont is entitled to charge statutory interest for late payment for each day of delay, as well as to demand prepayment for goods from subsequent orders already accepted for fulfillment.
6. Failure to settle the amount due by the date specified on the invoice shall entitle the Seller to suspend deliveries of goods and halt the fulfillment of orders already accepted. Horizont may make the fulfillment of a new order placed by a Buyer who is in arrears with payments or pays invoices late contingent upon the payment of an advance payment toward the Buyer’s new order.
7. Unless the parties agree otherwise, payment for the ordered goods shall be made without any deductions or set-offs against mutual claims.
8. Filing a complaint does not release the Buyer from the obligation to pay for the goods within the agreed timeframe.

§5 WARRANTY

1. Horizont provides a warranty for the goods sold. The standard warranty period is 12 months from the date of sale, provided that the goods are used and stored properly and in a manner consistent with their intended purpose and technical specifications.
2. The following actions result in the loss of warranty claims and claims under the warranty for defects: improper installation, improper operation, or exceeding the technical parameters specified in the relevant catalogs or offers.
3. The Seller is not liable for natural wear and tear of the goods resulting from their proper use.

§6 FORCE MAJEURE

If circumstances are beyond the control of the Seller and the Buyer, in particular such as disruptions in the production or transport of goods caused by strikes, factory and equipment breakdowns, accidents, local or national emergencies, trade disputes, floods, fires, earthquakes, wars, etc., delivery may be delayed or suspended accordingly, upon written notice, until normal conditions are restored.

§7 FINAL PROVISIONS

1. The Buyer may not, without the Seller’s consent, disclose to third parties any knowledge or information obtained as a result of business dealings with Horizont regarding matters covered by trade secrets.
2. The law applicable to these General Terms and Conditions is Polish law.
3. In matters not covered by these GTC, the provisions of the Civil Code shall apply.
4. The invalidity of individual provisions shall not affect the validity of the remaining provisions of the GTC.
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6. The parties shall endeavor to settle amicably any disputes arising in connection with the performance of contracts covered by these terms and conditions. If an amicable settlement is not possible, the court having jurisdiction over the Seller’s registered office shall have jurisdiction to resolve the dispute.