§ 1
1. General Terms and Conditions of the Order (“GTCO”) applicable at the Company Logis sp. z o.o. with the registered office in Komorniki (hereinafter referred to as “Logis”) constitute an integral part of all offers and declarations of will, in particular, all contracts concluded by Logis, unless the Parties agree otherwise. The GTCO shall prevail in the event of inconsistency of the conditions contained in the price offer, order or other correspondence unless changes or exclusions of lesser conditions are expressly reserved by Logis.
2. Any provisions agreed by the Parties that differ from the provisions of these GTCO require a written form to be valid.
3. Within the meaning of the GTCO, the “Buyer” means a Party to a contract, order or offer, offer addressee, customer, ordering party or other persons being a party to legal relations with Logis.
4. In the case of existing permanent business contacts, the GTCO shall apply to all future contracts unless the Parties agree otherwise. The Parties exclude the applicability or validity of the general terms and conditions of purchase, delivery, warranty or sale applied in the activities of the Buyer. The GTCO are also binding on the Parties in all subsequent contracts resulting from the concluded contract or the placed order.
5. The GTCO are available on the Logis website. By placing an order, the Buyer agrees to include the GTCO in the content of the order as its integral and binding part. The Buyer’s acceptance of the GTCO also occurs in any other way if the Buyer’s behaviour shows that they could become acquainted or became acquainted with them. In the absence of any other written agreements or arrangements, the content of the GTCO is the only binding legal regulation between the Parties.
§ 2
1. All offers, contract templates, price lists, catalogues, photos, advertising brochures, order forms, agreements between the Parties and other documents or promotional materials and correspondence are for information purposes only and do not constitute an offer within the meaning of Art. 66 § 1 of the Civil Code; however, they constitute a proposal for negotiations within the meaning of Art. 71 of the Civil Code, and they become binding for Logis only after express, written confirmation of their acceptance by Logis.
2. The confirmation of the acceptance of the order for processing by Logis takes place upon signing the order unless otherwise provided. Despite the confirmation of the acceptance of the order for processing, Logis has the right to refuse its processing for justified reasons, about which Logis shall inform the Buyer.
3. The Buyer is responsible for the truthfulness and correctness of the data provided. The Buyer cannot refuse to accept the subject of the order delivered in accordance with the order.
4. The place of performance of the contract is the registered office of Logis.
5. Logis reserves the right to make changes in structure, technical data or the design of the subject of the contract, provided that such changes will not result in fundamental changes to the subject of the contract, such as basic technical properties, functions and appearance, and that they will be generally acceptable to the Buyer.
6. Logis retains the copyrights and all other intellectual property rights to all documents, studies, know-how, etc., prepared as part of the contract. Any information provided by Logis to the Buyer may be used by the Buyer only for their internal needs, as part of their activities, unless Logis gives its written consent to disclose it or it has been prepared to disclose it to third parties. Violation of this provision entitles Logis to take legal action with claims for the violation of trade secrets under the Act on Combating Unfair Competition.
§ 3
1. The order completion date is determined separately depending on the subject of the order and indicated in the offer.
2. In the event of circumstances that may cause a delay in the completion of the order, Logis shall immediately notify the Buyer in writing, stating the new date of the order completion.
3. The offer specifies the terms of delivery, assembly, and commissioning (individually for each order).
4. Exceeding the deadline for completing the order by no more than 3 weeks may not result in withdrawal from the sales contract. The Buyer is not entitled to claim compensation for exceeding the deadline in this respect.
5. Neither of the Parties shall be liable for damages caused by force majeure, which should be understood as the occurrence of an external event beyond the control of the Parties, which could not have foreseen, preventing the Parties from performing their obligations under the order, in particular: random accidents, epidemics, wars, catastrophes, riots, natural disasters, strikes, blockades, labour disputes, changes in the legal status, administrative decisions and orders of state authorities. This also applies to circumstances when such events occur at the suppliers or subcontractors of Logis.
6. The occurrence of force majeure entitles Logis to prolong the order delivery date. The Buyer is not entitled to withdraw from the contract in the event of prolonging the delivery date due to force majeure. The change of the order delivery date caused by the circumstances described in this section of the GTCO does not require a change in the content of the order for its effectiveness.
7. If the performance of the service due to the occurrence of the above-mentioned or other unforeseen circumstances would entail significant damage to Logis, is impossible or is possible only with significant additional costs, Logis reserves the right to withdraw from the order, regardless of other statutory rights.
8. Logis reserves the right to partial performance of the order. Each part of the order provided is considered a separate legal act that may be settled separately.
§ 4
1. The price, conditions and terms of payment are each time specified in the offer and order. Logis, before accepting the order for processing, reserves the right to request from the Buyer: full payment in advance (before the delivery of the Goods), advance payment or a deposit for the execution of the order
2. Logis may postpone the commencement of the order processing until the Buyer meets additional conditions: signs the order or other document according to the rules of representation of the Buyer, payment of an advance or deposit, or provision of the collateral requested Logis.
3. The advance payment paid by the Buyer is not refundable unless the order cannot be processed for reasons attributable to Logis.
4. Submitting a complaint, in particular as to the amount indicated in the invoice or formal errors in the invoice, does not entitle the Buyer to withhold payments to Logis within the specified period.
5. For delay in payments, Logis has the right to charge interest for delay in commercial transactions in accordance with applicable regulations.
6. Logis reserves the right to change the price and conditions if a period longer than 1 month elapses from the date of submitting the offer by Logis to the date of signing the order by the Buyer.
7. If the goods are delivered in batches, the obligation to pay the price arises successively upon delivery of each subsequent batch of goods unless the Parties have agreed otherwise.
8. If the specified payment deadline is exceeded by 30 days, Logis has the right to withdraw from the contract for reasons attributable to the Buyer.
9. The date of payment is the date of crediting the relevant Logis bank account with the full amount due.
10. The Buyer has the right to set-off or retain the claims with respect to Logis only if the Buyer’s claims are confirmed by a final court decision, undisputed, or accepted by Logis.
§ 5
1. Unless stipulated otherwise, the ownership of the subject of the order is transferred to the Buyer upon the full payment of the sale price for the order to Logis, in accordance with the terms of the order and the offer.
2. Until the full payment of the sale price, the ownership of the subject of the order belongs only to Logis. The Buyer has no right to sell, donate or encumber the subject of the order with a pledge or rights of third parties as long as the subject of the order is the property of Logis unless Logis agrees to it in writing under pain of nullity.
3. Until the effective payment of the sale price, the Buyer is obliged to:
a) exercise the utmost care during transport, unloading, storage and use of the subject of the order to avoid any damage, deterioration or loss of the subject of the contract;
b) upon the initiation of liquidation, enforcement, restructuring or bankruptcy proceedings, designate the subject of the contract as the property of Logis and immediately notify Logis of this fact.
4. In the event of a delay that lasts more than 7 calendar days in the payment of the sale price, Logis may request the return of the subject of the order within the time limit indicated by Logis. In such a situation, the Buyer is obliged at their own expense to return the subject of the order to Logis and to pay Logis the remuneration for the time of using the subject of the order according to the rental prices applied by Logis, increased by 50% compared to the normal rate. This remuneration is payable on the date on which the Buyer is obliged to return the subject of the order. The Buyer is obliged to cover all costs caused by wear and tear or damage to the subject of the contract.
5. Logis reserves the right to suspend the processing of the order until the date of payment of all obligations of the Buyer towards Logis. In this case, the order completion date indicated in the offer is also extended. The above does not constitute the basis for any Buyer’s claims for the payment of compensation. The order will be resumed as soon as possible after the payment of the outstanding amounts.
6. The Buyer hereby assigns to Logis, and Logis takes over all future claims of the Buyer resulting from the resale of the subject of the reserved order against the subsequent buyer. The Buyer and Logis have the right to recover debts, but Logis will refrain from debt collection as long as the Buyer performs the payment obligations towards Logis and there is no deterioration in the Buyer’s financial situation that would jeopardize the proper performance of these obligations (in such a situation, the Buyer is obliged to provide Logis at its first request with all information and documents necessary for debt collection).
§ 6
1. Logis is liable under warranty for material and workmanship defects of the subject of the order, provided that they are found and recognized with a service protocol issued by Logis, on the terms described in the Instructions for Use.
2. The warranty covers only the subject of the order with the current warranty inspection performed only by the Logis service, operated in accordance with applicable law, intended use, user manual and warranty terms and installed by Logis in accordance with technical standards.
3. If the subject of the order is still used despite the detection of a fault or defect, Logis is liable only for the original defect.
4. The Buyer is not entitled to any further claims for damages, in particular claims for reimbursement of costs related to the assertion of rights under guarantee and claims for damages, in particular for indirect and consequential damages, which do not constitute the normal consequences of Logis’s actions or omissions from which the damage resulted.
5. Logis’ liability for damages arising outside the subject of the order (such as loss of profits, loss of benefits that the Buyer could have achieved if the damage had not occurred, loss of production, production interruptions, other indirect and consequential damages, financial damages), regardless of their legal basis, is limited to the normal consequences of an act or omission, from which the damage resulted in the following cases: intentional fault, gross negligence on the part of legal representatives or senior management, concealment of a defect or the existence of a defect although Logis guaranteed its lack (but in this case only into the extent that the intention of the guarantee was to protect the Buyer against the damage suffered), personal injury, including loss of health and life, claims submitted under liability for damage caused by a dangerous product.
§ 7
1. Logis trademarks are protected by law.
2. The Buyer has the right to use Logis trademarks only in a manner approved in a written form by Logis, taking into account the care for the interest and reputation of Logis and its trademarks.
§ 8
1. The rules for the provision of maintenance services are each time specified in the maintenance contract.
§ 9
1. The Controller of customers’ personal data is Logis sp. z o.o. with the registered office in Komorniki. The Controller’s contact details: Registered office address: 62-052 Komorniki, ul. Towarowa 18, e-mail: daneosobowe@logis.pl, phone: +48 61 66 46 900.
2. The personal data provided is processed for the following purposes: conclusion and performance of the contract; sale of products and services offered by Logis; marketing activities are undertaken by Logis on its own or in cooperation with other entities; conducting rankings, reports and analyzes; record keeping; fulfilment of obligations incumbent on Logis under applicable law; pursuing possible claims. The legal basis for processing the data for the above-mentioned purposes, based on art. 6 sec. 1 letter a-f GDPR, will be the consent granted, the performance of the contract or taking actions aimed at its conclusion, fulfilment of the legal obligation incumbent on Logis.
3. The recipients of personal data will be processing entities entrusted with the processing of personal data by LOGIS on the basis of an appropriate contract, e.g. entities providing IT, consulting, legal or accounting services – acting on behalf of Logis; state authorities and judicial authorities, such as the police, prosecutor’s office, courts or regulatory authorities – at their request and only to the extent required by law or to protect the rights of LOGIS or the safety of the user, LOGIS employees and LOGIS resources; entities conducting courier or postal activities, entities cooperating in the performance of the contract, including providers of renovation and construction services, notaries, banks, building managers and housing communities, entities to which the Buyer has agreed to disclose and process their personal data, and other entities to the extent necessary to perform the contract with the Buyer and on the terms and conditions specified in the contract on entrusting the processing of personal data concluded with the Controller;
4. Personal data is stored for the duration of the contract or the period of performance of services under the contract, and after its expiry for the period necessary to secure or pursue any claims due to the Controller or the period of fulfilling the Controller’s legal obligation (e.g. the period of storing documentation resulting from tax or accounting regulations related to the performance of the subject of the contract and the delivery of goods and services) – depending on which of these periods is longer. As regards the performance of the contract or services, the data will be processed for the period in which the contract or services will be performed and provided by Logis, and in justified cases, after their completion – but only if it is allowed or required under applicable law, e.g. processing for statistical or billing purposes or in order to pursue claims. In this case, the data will be processed only for the period necessary to achieve the relevant purposes. In cases where personal data are processed based on the justified interest of the Controller, when the basis for this processing is direct marketing of the Company’s products and services, personal data will be processed until an authorized person objects to such processing. In cases where personal data are processed on the basis of consent, personal data will be processed until the consent is withdrawn.
5. Rights of the person whose personal data are processed:
a) the right to access own personal data, i.e. the right to obtain confirmation whether the Controller processes data and information regarding such processing,
b) the right to rectify data if the data processed by the Controller is incorrect or incomplete,
c) the right to request the Controller to delete the data,
d) the right to request the Controller to reduce data processing,
e) the right to data portability, i.e. the right to be supplied to the Controller of personal data and send them to another controller;
f) the right to object to the processing of data on the basis of the Controller’s legitimate interest or to processing for direct marketing purposes,
g) the right to lodge a complaint with the Polish supervisory authority or the supervisory body of another European Union Member State competent for the place of residence or work of the data subject or the place of the alleged violation of the GDPR. From 25 May 2018, the competent authority for the protection of personal data in Poland is the President of the Personal Data Protection Office – website https://www.uodo.gov.pl/,
h) the right to withdraw consent at any time (without affecting the lawfulness of processing based on the consent performed before its withdrawal),
i) the right to request and obtain intervention from the Controller (not in an automatic form), express one’s own stand and to challenge the decision based on automated data processing (profiling),
j) the right to lodge a complaint in connection with the processing of personal data by the Controller to the national supervisory authority, which is the President of the Office for Personal Data Protection.
6. Providing personal data by the Buyer is voluntary, but it is necessary to contact or conclude and perform a contract – without providing personal data, it is not possible to conclude a contract/provide services.
7. Personal data will not be processed in an automated manner, including in the form of profiling. Nevertheless, we would like to inform that we use systems that record traffic on our website (profiling, e.g. Google Analytics).
8. Personal data is not transferred to recipients located in countries outside the European Economic Area (European Union countries and Iceland, Liechtenstein and Norway). In the event of transferring data to recipients in third countries, LOGIS will use standard contractual clauses adopted by the European Commission, under which basic guarantees of the User’s data security have been established.
§ 10
1. The transfer of any Buyer’s rights to a third party (assignment of contractual obligations) to Logis, resulting from contracts, offers or orders to which the GTCO applies, requires the consent expressed by Logis in writing each time under pain of nullity.
2. All notices and other information required or allowed by the contract or these GTCO, which should be delivered personally to the relevant party or by registered mail or courier, will be sent to the addresses indicated in the offer and contract.
3. Suppose any of the provisions of these GTCO is or turns out to be wholly or partially ineffective or invalid. In that case, this shall not affect the validity and effectiveness of the remaining provisions. In place of invalid or ineffective provisions, the provisions of the Civil Code shall apply, which are as close as possible to the assumptions of the GTCO.
4. Polish law shall apply to the agreements between the Parties concluded on the basis of the GTCO.
5. The Parties undertake to resolve any disputes arising in connection with the implementation of the provisions of the contract, order, offer or these GTCO amicably. If no agreement can be reached, the disputes will be resolved by the common court competent for the Logis registered office.
