ORTO-FAN Michał Zdybel
03-468 Warszawa, ul. Jagiellońska 66
tel./fax 22 818 53 87
NIP [Tax Identification Number]: 524-030-11-00

1. Scope of validity of general commercial conditions

These general commercial conditions concern our clients who are entrepreneurs in the meaning of the Civil Code (Art. 43 of the Civil Code; Art. 4 of the Act on Economic Freedom) and physicians. The activity of entrepreneurs who conclude a commercial contract with our company shall be subject to verification in the records of Central Registration and Information on Business Activity or other generally accessible records based on the Statistical Number: REGON or National Court Register Number: KRS. In connection to the above, commercial contracts concluded between us and our clients are not subject to the provisions of consumer law, but only commercial law. These general commercial conditions concern any and all current and future orders submitted via our web-sites or filed with our participation within e-commerce. Commercial conditions of our suppliers and recipients, the contents of which are different than or contrary to these commercial conditions or which supplement these commercial conditions, do not become a part of the contract even if they are notified, unless we expressly confirm their validity in writing.

1. Scope of validity of general commercial conditions

a) Our offers are not binding. If our offers are limited in time, they are not binding for us after their expiry.

b) By submitting an order, the client declares in a binding manner the intent to purchase the ordered goods.

c) The contract is executed under the condition of timely delivery of the goods which are necessary for us by our sub-suppliers. The above is applicable exclusively when non-performance of delivery does not result from reasons attributable to us, especially if the cooperation with our sub-supplier is subject to insurance protection.

d) The client shall be immediately informed if it is impossible to deliver the order. Any payments made by the client shall be repaid to the client without delay.

e) The text of the contract is stored by us and it is sent to the client by electronic post together with these general commercial conditions.

f) If the receipt of goods is ordered by the client, the risk is transferred to the client at the moment of handing over of the goods to the entity conducting the delivery. If the purchaser delays with acceptance of delivery, then it has the same effects like in case described above.

g) ORTO-FAN performs deliveries in the following way:

- delivery via GLS and TBA courier at ORTO-FAN’s expense for deliveries of the value exceeding PLN 1000

- delivery via GLS and TBA courier at the client’s expense for deliveries of the value below PLN 1000 (cost of delivery – PLN 19.68)

- delivery via Poczta Polska [Polish postal service]with a priority letter at ORTO-FAN’s expense for deliveries of the value exceeding PLN 100

- delivery via Poczta Polska [Polish postal service]with a priority letter at the client’s expense for deliveries of the value below PLN 100 (weight up to 1 kg – PLN 19.06)

- delivery within the area of Warsaw – for deliveries of the value exceeding the amount of PLN 100 – delivery by courier at ORTO-FAN’s expense

- it is also possible to collecting the goods in person at the company’s seat at ul. Jagiellońska 66 in Warsaw.

h) a client submitting an order declares that the client has acquainted himself/herself/itself with the regulations and accepts their conditions.

3. Payment conditions

Some of the goods offered by our company qualify as medical goods and as such they are subject to 8% VAT. Product catalogues serve as manuals for the particular goods. Payments should be made by the client within the deadline as stipulated in our invoices, without making any deductions from the invoiced amount. We are under no obligation to accept cheques or promissory notes; such documents are accepted by us exclusively taking into consideration the performance of obligations. In case of a delay in payment or a prolongation of payments we are entitled to demand interest for such delay or prolongation, in the statutory amount. This does not exclude the possibility to pursue further damages for the delay in payment. We may also demand from the client repayment of the costs of each remainder in the amount of PLN 10. The client is not entitled to deduct any amounts from the payable amount unless the client’s demand in that respect is undisputable and has been recognized by the law. The client has the right to keep a thing that not belongs to the client exclusively in relation to mutual claims resulting from the contractual relationship. If the manner of payment is established as an order for payment and/or an authorization to debit a bank account, the client waives any rights towards us and towards its bank that the client may have to withdraw the authorization to debit the client’s account for the period of validity of our business relations and the period of validity of the order for payment. The client shall inform the bank about the waiver of such right and upon request the client will inform us about this fact.

4. Returns, guarantee and complaints

4. Returns, guarantee and complaints In accordance with the provisions of the commercial law we do not accept returns of the purchased goods if the delivered goods are consistent with the client’s order. The period of guarantee for the goods that we sell is individual for each of the products and it depends on the producer of the given product. Guarantee conditions are included in product catalogues. If the guarantee for the particular goods has not been described in the catalogue, the company ORTO-FAN grants a standard one-year guarantee for that product. The above is not applicable if the client does not notify the defect to us within the relevant deadline. The purchaser loses its rights due from the guarantee if the purchaser does not examine the goods on time and in the manner as adopted for the goods of that sort and if the client does not inform the seller immediately of the noticed defect and in case if the defect is found later – if the client does not inform the seller immediately after finding that defect. The goods in relation to which the claims from the guarantee are submitted, should be sent to us together with a carefully filled out complaint form in order to make it possible for us to examine the relevance of the client’s complaint. In case of dismissal of such claim we will send the goods back to the client at the client’s expense unless we receive any other decision on that matter from the client. within 14 days upon the submission of the claim In case if there are any defects in the goods, we will perform the obligations under the guarantee through repair, exchange of the goods or repayment of cash .   The client is obliged to notify us in writing of any defects and lacks in the goods, within one week upon their receipt. Otherwise pursuing claims is unjustified. The proof of observing the term is the date of sending of the notification. The burden of proof in relation to the right to the claims lies fully with the client; in particular this concerns proving the existence of the defect itself, the moment of its finding and the timely notification of the complaint. We dismiss any claims from the guarantee for defects if the reason for the defects, faults or damage may be confined to that:        

the goods have been repaired or in any other way processed by third parties,        

the serial number, trademark or other marks placed in a permanent manner on the goods have been removed or changed, in particular if as a result they have become illegible,        

the goods were used in a manner inconsistent with the manual or with their purpose,       

the goods were damaged by external, mechanical or chemical factors      

the goods show signs of normal tear and wear or they show faults resulting from improper usage or an accident,        

the defects result from improper usage of the goods and/or failure to observe the producer’s recommendations.

5. Personal data protection

The client agrees that we may store, process and use the personal data that we are provided with during the submission of the order for performance. Our personal data protection policy is consistent with the privacy policy and in accordance with the Act of 29 August 1997 on personal data protection, Official Journal: Dz.U. No. 133, item 833. In order for the performance and delivery of the order to be possible, we provide the clients’ data to the shipping company, which performs the delivery, in case of credited transactions – to our financial partners and in applicable cases – to the partners responsible for installation. If in the future you no longer want to use our services, you will be able to submit a written resignation at any time. Our websites use exclusively the so-called session cookies (temporary), which are not connected to personal or confident data e.g. passwords. In order to be able to use our basket it is necessary to enable temporary cookies. Persons visiting the website may at any time refuse for their data to be collected and saved in that manner in the future.

6. General provisions

The place of performance of the contract and the sole location relevant for jurisdiction is the place of our seat (Warsaw). The legal basis for these regulations is the binding law of the Republic of Poland; also in relation to foreign partners.

The language of negotiations shall be the Polish language.

Any arrangements made by phone or orally have to be immediately confirmed in writing.

Should any of these provisions of the general commercial conditions prove or become invalid, this shall not affect the enforceability of the remaining provisions.

7. Correspondence address:

ORTO-FAN Michał Zdybel
ul. Jagiellońska 66
03-468 Warszawa

ORTO-FAN Michał Zdybel
ul. Jagiellońska 66
03-468 Warszawa


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