B2B PAKERY.PL — Terms of Sale

1. Scope and definitions

1. These terms govern the use of b2b.pakery.pl and the sale of physical goods. The store is primarily intended for business customers.
2. Customers may be natural persons, legal entities or other organisations with legal capacity. Anyone acting for a business must be authorised to do so.
3. A consumer is a natural person contracting for purposes not directly related to their business or profession. Under Polish law, certain consumer rights also apply to sole traders entering into a contract directly related to their business but not professional in nature, assessed in particular by reference to their CEIDG business registration.
4. These terms do not limit mandatory consumer rights or rights of protected sole traders. Providing a tax identification number does not itself remove statutory protection.
5. Business days are Monday to Friday excluding Polish public holidays.

2. Orders, quotations and contract formation

1. Select products, variants and quantities, add them to the basket and provide accurate contact, billing and delivery details. Read these terms. You can correct the information and basket before submitting.
2. Submitting the form is a request for a final quotation. The automatic order-received page and email acknowledge receipt only. They do not constitute acceptance for fulfilment or an obligation to pay.
3. Our team checks availability and emails a quotation and pro forma invoice specifying goods, quantities, net prices, applicable VAT, gross total, transport to the requested destination, payment deadline and agreed fulfilment time. You may accept or reject the quotation. Changes to prices or terms require your acceptance.
4. A contract is concluded after you accept the complete quotation and the seller confirms acceptance for fulfilment. You may accept by email or by paying the pro forma invoice within the quotation validity period. The seller confirms the contract by email and provides these terms on a durable medium.
5. All costs are disclosed before the contract is concluded. Additional charges require express agreement. Rejecting a quotation or not paying before a contract has been concluded does not result in a charge.
6. Payment is by bank transfer to the account on the pro forma invoice, by the deadline stated in the quotation. A pro forma invoice is not a VAT invoice. The sales document is issued in accordance with applicable law.

3. Net prices, VAT and currencies

1. B2B catalogue prices are net, labelled “netto” or “excl. VAT”. Domestic sales subject to the standard Polish rate attract 23% VAT. Confirmations show the net amount, tax and gross total.
2. PLN and EUR have separate price lists. EUR prices need not be conversions of PLN prices. The accepted quotation determines the currency and price, including the selected variant and quantity tier.
3. Transport is quoted individually. A displayed amount excluding transport is not the final payable total. Transport and applicable taxes are disclosed before contract formation.
4. Tax treatment of international transactions depends on applicable law and verified transaction details. Selecting English or EUR does not itself qualify a transaction for VAT exemption.
5. Consumers receive the full gross price and delivery costs before becoming bound. Where a price reduction announcement triggers statutory information requirements, the required previous lowest price is also disclosed.

4. Fulfilment and delivery

1. Availability, delivery method and fulfilment time are confirmed in the quotation. For advance payment, fulfilment starts after payment clears unless otherwise agreed. Where no time is agreed, the statutory delivery period applies to consumer sales.
2. Delivery is to the agreed address in Poland or abroad. The seller promptly informs the customer of obstacles and any proposed timing changes.
3. Please check the parcel on receipt and report transport damage to the carrier. A missing damage report does not remove a consumer’s statutory complaint rights. Transfer of risk follows applicable law, including special consumer protection.
4. If delivery fails, the seller contacts the customer to clarify the situation and agree next steps.

5. Complaints and guarantees

1. Send complaints to biuro@pakery.pl or the seller’s address. Include the order number, a description of the problem, when it appeared and your requested remedy where possible. No prescribed form or carrier damage report is required.
2. For consumers and protected sole traders, conformity rights are governed by the Polish Consumer Rights Act. Liability covers non-conformity existing on delivery and becoming apparent within two years, unless a longer declared shelf life applies.
3. An eligible customer may request repair or replacement, and in statutory cases a price reduction or termination. The seller bears the statutory costs of restoring conformity. Articles 43a–43g of the Consumer Rights Act govern remedies and settlement.
4. The seller responds within 14 days of receiving a complaint. The consequences of failing to respond follow applicable law. Requests for supporting information do not limit statutory rights.
5. For business customers without consumer protection, statutory warranty for defects is excluded to the extent permitted by Article 558 §1 of the Polish Civil Code, except for fraudulently concealed defects. Other liability follows the contract and applicable law.
6. Where a commercial guarantee is provided, its document defines its scope. It does not exclude or limit statutory rights against the seller.

6. Withdrawal from a distance contract

1. Consumers and protected sole traders may withdraw within 14 days without giving a reason, subject to statutory exceptions. The period starts when the customer or a nominated person other than the carrier receives the goods; for one order delivered separately, it starts on receipt of the last goods.
2. Send an unequivocal withdrawal statement by email or post before the deadline. The optional form below may be used.
3. Return the goods to the seller within 14 days of withdrawal. The customer bears the direct return cost. For goods not normally returnable by post, that cost or a reasonable estimate must be disclosed before contract formation.
4. The seller refunds payments, including the least expensive standard delivery offered, within 14 days of receiving the withdrawal notice. The seller may withhold the refund until the goods or proof of dispatch are received, whichever is earlier. Refunds use the original payment method unless the customer expressly agrees to another method without charges.
5. The customer is liable only for diminished value caused by handling beyond what is necessary to establish the goods’ nature, characteristics and functioning. Opening packaging alone does not automatically remove the right to withdraw.
6. Statutory exceptions in Article 38 of the Consumer Rights Act include non-prefabricated goods made to customer specifications or clearly personalised. The seller informs the customer of any applicable exception before contract formation. There is no blanket exclusion for all construction chemicals.

Optional withdrawal form

To: Hammpack sp. z o.o., ul. Piaseczyńska 9, 05-555 Komorniki, Poland, biuro@pakery.pl.
I hereby withdraw from the contract of sale for the following goods: …
Order number / contract date: …
Date received: …
Name and address: …
Date: …
Signature (paper forms only): …

7. Accounts and electronic services

1. Website and order-form use are free. An account provides access to store features and order history. The account-service agreement is concluded on registration for an indefinite period.
2. You need internet access, a current browser supporting JavaScript and essential cookies, and an active email address. Unlawful content, infringement of third-party rights and disruption of the store are prohibited.
3. You may terminate your account free of charge at any time by contacting the seller. Closure does not cancel existing contracts or statutory record-retention duties.
4. The seller may restrict or end account services for justified reasons, particularly unlawful use or security breaches, explaining the reason and allowing an appropriate opportunity to respond unless immediate action is necessary for security or required by law.
5. Electronic-service complaints can be sent to biuro@pakery.pl. The seller responds within 14 days.

8. Data, documentation and materials

The store’s privacy policy explains personal-data processing. Text, photographs and documentation are legally protected and may be used within applicable licences and statutory permitted use. Consult the manufacturer’s current documentation for product properties and application methods.

9. Disputes and final provisions

1. Polish law applies, including the Civil Code, Consumer Rights Act and Act on Electronic Services. This choice does not deprive consumers of mandatory protection applicable to their circumstances.
2. Consumers may seek assistance from consumer ombudsmen, the Polish Trade Inspection or a European Consumer Centre. Information about alternative dispute resolution is available at polubowne.uokik.gov.pl. The seller’s participation depends on applicable law or consent. The former ODR platform is no longer available.
3. Jurisdiction in consumer cases follows applicable law. For business customers without consumer protection, the court at the seller’s registered office has jurisdiction unless mandatory law provides otherwise.
4. These terms may change due to changes in law, store features or order handling. Changes do not affect existing sales contracts. Changes affecting ongoing account services are notified on a durable medium at least 14 days in advance, with the right to terminate, unless mandatory law requires a different period.
5. The version provided at contract formation applies to that contract. You may save or print these terms from your browser.