Terms and Conditions

§ 1. General provisions

These Terms and Conditions set out the rules for using the online shop available at bauzaunex.com (the "Shop"), placing Orders, and concluding and performing Contracts for the sale of Products.
The Shop is operated by JERM INVEST Sp. z o.o., with its registered office in Piechowice, ul. Siewna 2, 58-573 Piechowice, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register, under KRS number 0000651415, Tax ID (NIP) 6112770893, REGON 366035331, share capital PLN 5,000.00 (the "Seller").
Contact details of the Seller:
- email: info@bauzaunex.com,
- phone: +48 739 430 749,
- postal address: ul. Siewna 2, 58-573 Piechowice, Poland.
The Shop is intended exclusively for businesses. The Seller does not conclude contracts with consumers through the Shop. A VAT number is required to place an Order.
These Terms and Conditions do not apply to the rental of temporary fencing and barriers. Rental is subject to a separate agreement.
These Terms and Conditions are available free of charge on the Shop website in a form that allows them to be downloaded, saved and printed.

§ 2. Definitions

Buyer – a natural person running a business, a legal person or an organisational unit without legal personality that has legal capacity under the law, placing an Order in connection with its business or professional activity.
Sole Trader with Consumer Rights – a Buyer who is a natural person concluding a Contract directly related to their business activity, where the content of the Contract shows that it is not of a professional nature for them, resulting in particular from the subject of their business activity as disclosed in the Polish Central Register and Information on Economic Activity (CEIDG).
Products – temporary fencing, barriers, gates and fittings presented in the Shop.
Order – the form submitted by the Buyer via the Shop, specifying the type and quantity of Products, the billing details and the delivery address.
Order Confirmation – an email sent by the Seller after reviewing the Order, specifying the binding prices of the Products, the delivery cost, the delivery date and the payment terms.
Contract – a contract for the sale of Products concluded between the Seller and the Buyer in accordance with § 5.
Business Day – any day from Monday to Friday, excluding public holidays in Poland.
Civil Code – the Polish Civil Code of 23 April 1964 (Kodeks cywilny).

§ 3. Electronic services

The Seller provides the following electronic services via the Shop free of charge:
1. browsing the Product catalogue,
2. the fencing set configurator,
3. the basket,
4. the Order form,
5. the contact form.
The contents of the basket are stored in the browser storage on the Buyer's device. The basket and configurator services are provided for as long as the Shop is being used. The Order form and contact form services end when the form is submitted or when the user stops filling it in.
To use the Shop, you need:
1. a device with internet access,
2. an up-to-date web browser with JavaScript enabled,
3. an active email address – to place an Order or send the contact form.
Users of the Shop must not provide unlawful content.
Complaints about the operation of the Shop can be sent to the Seller's email address. The Seller handles them within 14 days of receipt.

§ 4. Products and prices

Product information presented in the Shop, including prices, does not constitute an offer within the meaning of Article 66 of the Civil Code. It is an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
Prices are stated in euros, excluding VAT. VAT is added at the rate applicable under the relevant legislation.
Volume pricing applies to selected Products – the unit price depends on the quantity ordered of a given Product variant.
Product prices do not include the delivery cost. The delivery cost shown while placing an Order is an estimate. If it cannot be calculated automatically, the Seller determines it individually after the Order has been placed.
Binding Product prices and the delivery cost are set out only in the Order Confirmation.
The dimensions and weights of Products stated in the Shop are nominal values and may vary within manufacturing tolerances. Product photos are for illustration only.
The configurator is an aid only. The Buyer is responsible for selecting the type and quantity of Products, including feet, clamps and stays, appropriate to the installation conditions.

§ 5. Placing Orders and conclusion of the Contract

To place an Order, the Buyer:
1. adds Products to the basket,
2. provides the billing details (company name, VAT number and address), the delivery address and an email address,
3. accepts these Terms and Conditions,
4. clicks the "Place order" button on the summary page.
After placing an Order, the Buyer receives an email with the Order number and summary. This email only confirms that the Seller has received the Order. It does not mean that the Order has been accepted or that a Contract has been concluded.
Placing an Order does not conclude a Contract. Every Order must be confirmed by the Seller. The Seller reviews the Order, in particular the availability of the Products and whether delivery to the specified address is possible, and then sends an Order Confirmation to the email address given in the Order, specifying:
1. the prices of the Products,
2. the delivery cost,
3. the delivery date,
4. the payment method and due date.
If the Order cannot be fulfilled, the Seller informs the Buyer. The Seller may contact the Buyer by phone to agree on details, in particular the date and conditions of unloading.
The Order Confirmation constitutes the Seller's offer. The Contract is concluded when the Buyer accepts the Order Confirmation. Acceptance takes place by replying to the email or by making payment in accordance with the Order Confirmation.
The Order Confirmation is binding on the Seller for the period stated in it or, if no period is stated, for 5 Business Days from the date it is sent. If it is not accepted within that time, the Order is cancelled.
If the Buyer requests changes to the Order Confirmation, the Seller may send an updated Order Confirmation. Paragraphs 5 and 6 apply accordingly.
Until the Contract is concluded, the Buyer may withdraw the Order and the Seller may decline to fulfil it, in particular if the Products are unavailable, delivery to the specified address is not possible, or the Order contains incomplete or incorrect details.
The content of the Contract is determined by the Order Confirmation accepted by the Buyer and these Terms and Conditions. In the event of any discrepancy, the Order Confirmation prevails. The Buyer's general terms of purchase or other standard terms do not apply to the Contract.

§ 6. Delivery

Delivery is made to the address specified in the Order, by the Seller's own transport or by a carrier. Collection from the Seller's premises is possible by prior arrangement.
The delivery cost depends in particular on the distance to the delivery address and the size of the Order. The final delivery cost is set out in the Order Confirmation.
The delivery date is agreed individually and set out in the Order Confirmation. Any change to the delivery date must be agreed between the parties.
The Seller informs the Buyer without delay of any obstacles to meeting the delivery date, in particular those resulting from weather conditions, traffic disruption or other circumstances beyond the Seller's control, and proposes a new date.
The Buyer ensures lorry access to the delivery address, conditions for safe unloading and the presence of a person authorised to accept the Products. The parties agree the unloading conditions before delivery.
If delivery cannot be made for reasons attributable to the Buyer, in particular lack of access or the absence of an authorised person, the Buyer bears the cost of redelivery.
On receipt, the Buyer checks the quantity and condition of the Products and confirms receipt on the delivery note. Any visible damage or shortages must be recorded on the delivery note.
The risk of accidental loss of or damage to the Products passes to the Buyer when they are handed over at the delivery address or, in the case of collection, at the place of collection.

§ 7. Payment and invoices

The available payment methods are bank transfer, cash and card. The payment method and due date are set out in the Order Confirmation.
The Seller may make fulfilment of the Order conditional on full or partial prepayment against a pro forma invoice.
The date of payment is the date on which the Seller's bank account is credited.
The Seller issues VAT invoices in accordance with applicable law, including via the Polish National e-Invoicing System (KSeF). The Seller sends a copy of the invoice to the email address given in the Order.
Where required by law, payment is made using the split payment mechanism.
In the event of late payment, the Seller may charge statutory interest for late payment in commercial transactions and suspend fulfilment of the Buyer's further Orders.
The Products remain the property of the Seller until the full price has been paid.

§ 8. Complaints

The Seller is liable to the Buyer for defects in the Products under the statutory warranty (rękojmia) in accordance with the Civil Code, subject to § 10.
The Buyer loses its rights under the statutory warranty if it fails to inspect the Products at the time and in the manner customary for goods of that kind and fails to notify the Seller of a defect without delay or, if the defect becomes apparent later, without delay after discovering it.
Complaints should be sent to the Seller's email address and include:
1. the Order number,
2. a description of the defect and the quantity of Products affected,
3. photos of the defective Products.
The Seller may ask for the Products to be made available for inspection.
The Seller responds to a complaint within 14 days of receipt.
The following do not constitute defects:
1. natural characteristics of the galvanised coating, in particular differences in shade, uneven colouring and white rust, provided they do not affect corrosion protection,
2. wear and tear resulting from normal use,
3. damage occurring after the Products have been handed over, in particular during unloading, transport, installation, dismantling or storage by the Buyer,
4. damage resulting from installation inconsistent with the intended use of the Products, in particular without feet, clamps or stays appropriate to site conditions, including where tarpaulins or privacy screening exposed to wind are used.
If a guarantee has been given for a Product, its terms are set out in the guarantee document.

§ 9. Liability

The Seller's liability for non-performance or improper performance of the Contract covers only actual loss and is limited to the net value of the Products concerned. The Seller is not liable for loss of profit.
The limitations referred to in paragraph 1 do not apply to damage caused intentionally.

§ 10. Sole Trader with Consumer Rights

This section applies only to a Sole Trader with Consumer Rights.
A Sole Trader with Consumer Rights may withdraw from the Contract without giving any reason within 14 days of the day on which they, or a third party other than the carrier indicated by them, took possession of the Products.
The notice of withdrawal may be sent to the Seller's email or postal address. The model withdrawal form set out in Annex 2 to the Polish Consumer Rights Act of 30 May 2014 may be used for this purpose, but this is not mandatory.
The Seller refunds all payments received, including the delivery cost corresponding to the cheapest standard delivery method offered by the Seller, within 14 days of receiving the notice of withdrawal. The Seller may withhold the refund until it has received the Products or proof that they have been sent back.
The Buyer returns the Products within 14 days of withdrawing from the Contract and bears the direct cost of returning them. Due to their weight and size, the Products cannot be returned by post – returning them requires transport by lorry, the cost of which depends on the quantity of Products and the distance.
The Buyer is liable for any diminished value of the Products resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.
The right of withdrawal does not apply in the cases specified in the Consumer Rights Act, in particular where the Products were made to the Buyer's specifications or to meet their individual needs.
The provisions of the Consumer Rights Act concerning consumers apply to liability for the conformity of the Products with the Contract. § 6(7), § 8(1)–(2), § 9 and § 12(2) do not apply.

§ 11. Personal data

The rules for processing personal data are set out in the Privacy Policy.

§ 12. Final provisions

Contracts concluded via the Shop are governed by Polish law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Disputes arising from the Contract are resolved by the court having jurisdiction over the Seller's registered office.
The Seller may amend these Terms and Conditions for important reasons, in particular changes in the law, in the scope of services or in payment and delivery methods. Orders placed before the change are governed by the Terms and Conditions in their previous wording.
These Terms and Conditions are available in several language versions. In the event of any discrepancy, the Polish version prevails.