Purchase Terms and Conditions
1. HORTORUS – HORTORUS BARTOSIEWICZ spółka jawna with its registered office in Warsaw at the following address: Płochocińska 81, 03-044 Warszawa, registered in the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register under number KRS: 0000154693, NIP [tax identification number]: 5361231976;
2. Client – Party to the sales agreement entered into with HORTORUS the particulars of which are specifically indicated in the Order;
3. Provider – entity delivering HORTORUS goods for sale;
4. Fair – the period of offering to Clients by HORTORUS the SUPPLIER’s products for sale via internet;
5. Fair Session – the period of offering to Clients by HORTORUS the SUPPLIER’s products for sale by means of displaying samples of SUPPLIER’s products at a sales stand organised by HORTOTRUS during plant industry fair;
6. Order – Client’s offer to buy the SUPPLIER’s goods filed with HORTORUS by the Client directly or by means of distant communication;
7. Goods Collection Date – day and time of collecting the goods personally by the Client or the date of shipping the goods to the Client by a transportation company;
8. Logistic Centre – HORTORUS warehouse in which the goods shall be made available for the Client to collect;
9. Trading Platform – computer software available via internet developed by HORTORUS as a tool for the performance of the present Agreement;
II. ENTERING INTO SALES AGREEMENT;
1. The terms and conditions of the goods sales agreement entered into by the Parties shall be stipulated in the Order and Purchase Terms and Conditions.
2. HORTORUS and Client enter into goods sales agreement as a consequence of accepting by HORTORUS an Order filed by Client during Fair or Fair Session.
3. Filing an Order and it’s acceptance takes place as a result of representations made by the Parties by means of distant communication i.e. with the use of Trading Platform.
4. HORTORUS shall give the Client data necessary to use the Trading Platform.
5. Service of the declarations of will (as well as knowledge) with regard to the performance of the sales agreement shall take place by means of the Trading Platform. The Parties hereby agree to assume obligations under the sales agreement by making declarations of will by means of dispositions given with the use of the software.
6. The Client represents that the login data to the Trading Platform shall not be used by third parties. The Client shall be responsible for actions of third parties taken with the use of the Trading Platform as for the Client’s own actions.
7. In the situation where problems arise in relation to the operation of the Trading Platform, the Parties allow making declarations of will or knowledge related to the filing and accepting Orders or any other related to the realisation of Orders also via e-mail or phone or in writing.
1. Client shall pay the price for the goods ordered under Order and shall send confirmation of payment to the address: email@example.com
2. The manner of payment shall be stipulated in the Order.
3. Delivery of ordered goods is conditional upon the Client’s payment of full price for the goods.
4. Should the Client be in default with payment of the goods’ price, Client shall pay statutory interest for delay for each day of delay.
IV. GOODS DELIVERY;
1. The Client shall specify in the Order the manner of goods’ delivery.
2. HORTORUS shall prepare the goods for transportation in a manner appropriate to the quality and quantity of purchased goods and shall allow the collection of goods from the Logistic Centre or delivery by a transportation company.
a) PERSONAL COLLECTION;
i. on the goods collection date, Client is obligated to confirm the quantity of the goods purchased;
ii. HORTORUS shall deliver the goods to Client on CC trolleys provided that Client gives HORTORUS in exchange the same number of empty CC trolleys (unless Parties agree otherwise);
iii. HORTORUS shall deliver the goods to the Client or person acting on Client’s behalf provided that the information on the Order number is given. HORTORUS shall not verify whether the person collecting the goods on behalf of Client is authorised to do so.
b) GOODS DELIVERY;
i. Client authorises HORTORUS to order on Client’s behalf transportation of goods under Order by a transportation company cooperating with HORTORUS;
ii. HORTORUS shall inform Client on the date of shipping the goods to the Client’s address indicated in the Order;
iii. Client is obligated to confirm the collection of goods and indicate the date and time of delivery;
iv. Client is obligated to pay the remuneration for the transportation for the benefit of the transportation company according to the price list applicable on the date of filing the Order;
v. HORTORUS shall not be responsible for damage to goods resulting from improper transportation. Client has the right to report any objections related to the goods’ quality connected with the transportation to the transportation company.
3. The ownership of goods shall be transferred onto the Client on the Goods Collection Date.
4. The costs of collection or transportation shall be borne by Client in their entirety.
1. HORTORUS has the right to rescind from sales agreement entered into with Client in its entirety or in part for the following reasons:
a) Client is in default with payment of the goods’ price in relation to the payment date stipulated in Order;
b) Client is in default with the collection of goods for one day in relation to the date indicated by HORTORUS;
c) SUPPLIER fails to deliver HORTORUS goods ordered by Client or part of the goods;
d) realisation of the entirety or part of Order by HORTORUS is impossible for reasons not attributable to HORTORUS (e.g. weather conditions or force majeure);
2. Informing Client by HORTORUS on non-realisation of Order for reasons stipulated above shall be construed as making a representation by HORTORUS on rescission from sales agreement.
3. HORTORUS has the right to exercise its right to rescind from agreement within 8 months from the date of filing Order by Client.
4. Client hereby waives all their claims towards HORTORUS against the rescission from sales agreement except for the claim to reimburse the entire or part of the price paid for goods in relation to which the representation on rescission was made.
1. On goods collection date Client is obligated to verify the quantity of goods. Not filing any objections by Client in relation to the quantity of the goods on goods collection date shall be construed as Client’s acceptance of the quantity of goods sold.
2. Client has the right to file objections in relation to the quality of goods within 24 hours from the collection time. Objections related to quality shall be considered only on the basis of photographs of the defective goods taken by the Ordering Party. Not filing quality objections within the above-stipulated deadline or failure to document the defects deprives Client the right to demand exchange the goods for new or return of the price paid.
3. Not later than 7 days following the date of filing quality or quantity objections, HORTORUS shall consider the Client’s complaint. HORTORUS shall immediately notify Client on result of the complaint consideration.
4. In the situation where the Clients complaint is granted in relation to the quantity or quality of goods, HORTORUS is obligated to issue a corrective VAT invoice and refund the price for the goods in relation to which the complaint was granted to Client. The Parties may also agree that HORTORUS shall provide the Client with the missing quantity of goods or goods of proper quality on a different date.
5. Subject to the above-stipulated rights of the Client, the Parties agree that HORTORUS shall not be liable under statutory warranty for defects of sold object.
VII. CONTARCTUAL PENALTIES;
1. Client shall pay HORTORUS contractual penalty in the amount constituting half of the price indicated in the Order in the situation where HORTORUS rescinds from the sales agreement for reasons attributable to the client.
2. The payment of contractual penalty does not exclude the possibility to claim damages on a general basis if the value of damage exceeds the contractual penalty.
VIII. OTHER PROVISIONS;
1. Any disputes arising from the performance of goods sales agreement shall be resolved by the common court with jurisdiction over HORTORUS’s registered office.
2. Terms and conditions are available at the website at the address: http://greenery-b2b.pl