The offer and sale of products through the https://pramac-lifter.pl/ (hereinafter the “Website”) shall be governed by these Terms and Conditions (hereinafter the “General Conditions”).
The General Conditions shall be read by the purchaser (hereinafter the “Customer”) before making any kind of purchase on the Website, and shall be deemed as accepted upon ordering products on the Website. Failure to view and acceptance of the same shall not allow the execution of the purchase order and conclusion of any sales contract.
The sale of products are managed by Pramac Sp. Z O.O, a company with its registered office in ul. Krakowska 141-155 budynek F, Wroclaw, Poland (hereinafter the “Seller”), wholly owned by PR Industrial s.r.l. (hereinafter “PR Industrial”).
Seller reserves the right to make changes to the Website, including these General Conditions at any time. Customer will be subject to the General Conditions in force at the time that Customer orders products from Seller, unless any change to the General Conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by Customer). If any of the General Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
The Seller can always be contacted for further information and/or any claims at the following email address info.pl@pramac.com or on the following telephone number +48 71 782 26 90
These General Conditions do not limit Customer’s statutory rights.
1.) PRICE & AVAILABILITY
The price payable for the products ordered is the price shown on the Website at the time the Seller receives the Customer’s order and any applicable charges for carriage and insurance except for the following exception:
a.) whilst every effort is made to ensure that the correct price is displayed on the Website, errors may occur. If the Seller discovers that such an error has been made in the quoted price, the Customer will be contacted to confirm this;
b.) the Customer will then be given the option of cancelling the order or re-confirming it at the correct price. If the Seller is unable to make contact with the Customer, the order will be treated as cancelled;
c.) subject to clause 1.a above, the Seller must receive payment for the whole of the products ordered together with any applicable carriage and insurance charge, before the order can be accepted;
d.) the VAT inclusive prices quoted on the Website are shown at the current rate of VAT.
2.) ORDERING
Seller sells, and Customer purchases via the online tool, products exclusively marketed through the Website.
Every product sold on the Website is represented by a photograph and described in its corresponding information sheets.
The duration and validity of the offer and its price, when not specifically mentioned, coincides with the permanence of the product for sale on the Website. The Seller is free to change any product displayed on the Website at any time.
To conclude any purchase of products contract, Customer shall complete the order form as indicated on the Website.
All orders placed by the Customer are subject to acceptance by the Seller. The Seller may choose not to accept Customer’s order for any reason and will not be liable to Customer or to anyone else in those circumstances.
3.) PAYMENT
Payment methods include Online bank transfer and Blik payments.
Payment for products, taxes, transport and delivery costs, is made at the time the order by the Customer.
In cases of purchase by bank transfer, this shall be made to the bank account as indicated by the Seller. The order shall be processed only when the actual crediting of the amount due has been made, which nevertheless shall be within 7 working days from the order date. Upon expiry of the aforementioned terms, in the event of failure to make such transfer, the order shall be canceled.
In cases of purchase of products via Blik, simultaneously with completion of the online transaction, the amount of the order made shall be immediately charge. In the case of unavailability of funds or refusal to pay by the bank, the order shall be rejected by the Seller.
In the case of cancellation or non-acceptance, and in other circumstances that legitimize the restitution of the amount paid by the Customer, the Seller shall, by the same means of payment chosen by the Customer, reimburse any sums charged, within the times necessary for the re-accreditation to the Customer’s current account.
4.) DELIVERY
Delivery can only be made to Poland.
Delivery dates and times given by the Seller are estimates only. Unless expressly agreed by the Seller in writing time is not and shall not be deemed to be of the essence of the contract, subject to delivery taking place within a maximum of 30 days.
The Seller reserves the right to make delivery by instalments and tender a separate invoice in respect of each instalment. The Seller’s failure to deliver one or more instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole to be repudiated.
The risk in the products sold to the Customer shall pass to the Customer so that the Customer is responsible for loss, damage or deterioration of the products or a part thereof at the time of delivery.
5.) RETURNS & CANCELLATIONS
Customer that orders products as a consumer, can cancel the order without giving any reason within 14 days from the day on which receives the products purchased.
Customer must inform the Seller of Customer’s decision to cancel the order. Customer may submit the request by contacting the Seller at info.pl@pramac.com.
The Seller will reimburse the payment received from Customer for the products purchased and will also reimburse delivery charges for the least expensive type of delivery offered by Seller, within 14 days from the day on which the Seller received the return communication and in any case upon receipt of the retuned products. The Seller will use the same means of payment the Customer used for the initial transaction.
Note that Customer must send back the products no later than 14 days from the day on which Customer communicates the cancellation. Customer will have to bear the direct cost of returning the products.
Products must be returned to the Seller in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
Where the Customer returns products to Seller not in accordance with the above (after the period for returns has expired or in an unfit state), Seller may refuse to accept the return and may return the products to the Customer at the Customer’s expenses.
6.) WARRANTY
The Seller undertakes to provide Customer with the product warranties as better specified in its General Conditions of Warranty accompanying the products.
The General Conditions of Warranty apply only to new Products.
Seller shall not be, in any case, liable for damages caused by faulty installation or faulty maintenance unless Seller itself has made the faulty installation or the faulty maintenance. Furthermore, Seller shall not be liable for damages caused by inappropriate use of the products.
7.) LIMITATION OF LIABILITY
Seller shall not be liable for indirect or consequential loss or damage including without limitation loss of profit, of use, or of contracts arising out of the supply or failure of supply of products (other than liability for death and personal injury resulting from the negligence of the Seller) and whether arising in contract, tort or otherwise. In all other cases liability shall be limited to the order price.
8.) ANTI-CORRUPTION
The Customer shall (and shall procure that persons associated with it or other persons who are purchasing products in connection with these General Conditions shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, including the United States Foreign Corrupt Practices Act of 1977 and any laws intended to implement the OECD Convention on Combating Bribery of Foreign Public Officials in International Business transactions, each as amendend (the “Relevant Requirements”) and shall:
i . not (directly or indirectly) induce any employee, agent or subcontractor of Seller to make any concession to or confer any benefit on the Customer, refrain or withhold from doing any act, in return for any gift, money, or other inducement;
ii . not do or omit to do any act that will cause or lead Seller to be in breach of any of the Relevant Requirements; and
iii . promptly report to Seller any request or demand for any undue financial or other advantage of any kind received by the Customer in connection with these terms and conditions.
iv . not make, offer, or promise to make any payments or transfer anything of value, directly or indirectly, to
a.) any government official or employee (including employees of government-owned and government-controlled corporations and public international organization);
b.) any political party, official of a political party or candidate; or
c.) an intermediary for payment to any of the foregoing, in any case for the purpose of influencing an act or decision of an official of any foreign government, including a decision not to act, or request or encourage any such person to use its influence to affect any government act or decision of a foreign government in connection with its activity.
Any breach of this clause 8 shall be a material breach of these General Conditions, which is incapable of remedy.
9.) EXPORT RESTRICTIONS
Products sold by Seller might be subject to export control regulations of the European Union, the United Kingdom, the United States of America and other applicable countries (“Export Laws”). The Customer shall comply with such Export Laws.
The Customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by the European Union, the United Kingdom, the United States of America or other applicable country.
The Customer certifies that products purchased from the Seller will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
Without limiting any other export restriction as otherwise provided herein, products sold by the Seller may not be exported or re-exported, either directly or indirectly, to the following countries: Belarus, Cuba, Crimea, Darfur (Sudan), Iran, North Korea, Russia and/or Syria.
10.) PRIVACY
By providing the Seller with personal information the Customer agrees to Seller’s Privacy Policy available on the Website.
11.) APPLICABLE LAWS
The Laws of Poland apply to these General Conditions and any disputes in connection with these General Conditions shall be subject to the jurisdiction of Polish Courts.