Terms & Regulations
REGULATIONS / GENERAL TERMS AND CONDITIONS OF COOPERATION
Jett Studio Spółka z ograniczoną odpowiedzialnością [a limited liability company] with its registered office in Warsaw
Preliminary Provisions
- Jett Studio Spółka z ograniczoną odpowiedzialnością [a limited liability company] with its registered office in Warsaw (hereinafter referred to as: Jett Studio) hereby sets out the General Terms and Conditions of Cooperation (hereinafter referred to as: GTCC) defining the rules and conditions for placing orders by the Counterparty and their realisation by Jett Studio.
- The Counterparty under this GTCC may only be an entity that is not a consumer within the meaning of Art. 221c.
- Placing an order by the Counterparty is tantamount to acceptance of the provisions arising from the GTCC.
- Any changes to the provisions of the GTCC to be valid require prior approval by Jett Studio in a documentary form (via e-mail).
- Jett Studio excludes the possibility of making changes to the GTCC in an oral form.
§1 Purchase Orders
1. The Counterparty may place an order in writing, via the www.jettstudio.pl website, by sending an order to the e-mail address (of a sales representative at Jett Studio or to info@jettstudio.pl) or in person at the registered office of Jett Studio. 2. Placing an order via a website indicated in par.1 requires prior registration by the Counterparty. 3. The order is considered to be placed after confirmation by Jett Studio of its acceptance for realisation in a documentary form (via e-mail). Jett Studio excludes the possibility of confirming acceptance of the order in an oral form. 4. During registration via the website indicated in par. 1, and when making the first order, the Counterparty is obliged to provide the following documents to the address of the Jett Studio’s registered office: a) a current extract from the National Court Register, a printout from the Business Activity Central Register and Information Record or another document confirming the organizational and legal form of the Counterparty, the documents indicated ought to be valid for at least 3 months before placing the order or registering; b) a properly completed and signed "Accounting information about the company" document, which can be downloaded here 5. The Counterparty is obliged to inform Jett Studio of any change in the data contained in the documents referred to in par. 4 within 14 days from the date of such change. 6. The person placing the order must hold an authorization to act on behalf of the Counterparty unless the entitlement to representation results from the documents referred to in par. 4. The original authorization should be delivered to the address of the Jett Studio’s registered office. ("Authorization to represent the company" can be downloaded here). 7. Jett Studio reserves the right to suspend the realisation of orders until the Counterparty settles due liabilities.
§2 Realisation date
1. Jett Studio will start the realisation of the order upon confirmation of its acceptance in accordance with §1 par. 3 of GTCC, indicating to the Counterparty the expected date of realisation. 2. Realisation dates given by Jett Studio are approximate and subject to change. 3. Time of order realisation may be extended in the event of force Majeure, which means extraordinary obstacles which were not foreseeable at the time of the order and which Jett Studio could not prevent. 4. Jett Studio shall not be liable for delays in the realisation of orders caused by acts or omissions of suppliers. 5. Jett Studio undertakes to immediately inform Counterparties about the occurrence of the events referred to in par. 2 and 3, as well as about their absence. 6. Jett Studio shall not be liable for damage resulting from the circumstances referred to in par. 2 and 3.
§3 Remuneration
1. Due remuneration to Jett Studio is determined each time based on the type and scope of the order placed. 2. Prices are set based on the type and scope of the Order. The prices are ex works (Incoterms 2010) net, EXW Warsaw, ul. Trakt Lubelski 414A or EXW Supplier's warehouse (warehouse located in Europe). 3. The basis for payment of remuneration is a VAT invoice. The remuneration is payable in full at the latest upon receipt of the order. Other payment dates require individual arrangements confirmed by Jett Studio in a documentary form (via email). Jett Studio excludes the possibility of confirming a change in the payment date in an oral form. 4. The Counterparty may not make any deductions from remuneration due to Jett Studio. 5. The Counterparty has the right to apply for opening a credit line at Jett Studio. The application should be submitted in writing. The possibility of opening a credit line concerns Counterparties with a documented history of cooperation with Jett Studio and not in arrears to Jett Studio. Jett Studio reserves the right to reject the application without giving reasons for this decision. 6. In the event of a delay in payment, Jett Studio reserves the right to charge maximum interest for delay or maximum interest for delay in commercial transactions from the due date to the date of payment. 7. In the event of a delay in payment, the Counterparty will be charged with all debt collection costs, including costs related to the remuneration due to a debt collection company or law firm. 8. Jett Studio reserves the ownership right to the order until the payment of remuneration in full amount.
§4 Delivery
1. The Ordering Party may collect the order personally from the Jett Studio’s warehouse located in Warsaw at ul. Trakt Lubelski 414A, after prior confirmation of the date and time of receipt by Jett Studio in a documentary form (via e-mail). Jett Studio excludes the possibility of confirming the date and time of receipt in an oral form. 2. The order may be delivered by Jett Studio or via the carrier of its choice to the address indicated by the Counterparty. 3. The costs of delivery and receipt of the order are covered by the Counterparty. Jett Studio allows the possibility of granting a discount consisting in bearing the costs of delivery of the order to one address indicated by the Counterparty in Poland. Jett Studio will inform the Counterparty in a documentary form (via e-mail) about granting such a discount. Jett Studio excludes the possibility of granting a discount in an oral form. 4. The Counterparty chooses the receipt method of the goods from those indicated in par. 1 or 2, which choice Jett Studio confirms in a documentary form (via e-mail). Jett Studio excludes the possibility of confirming the receipt method of the order in an oral form. 5. If the Counterparty delays in choosing the receipt method of the order or refuses to accept it, Jett Studio has the right to place the order in storage at the expense and risk of the Counterparty. The above entitlement does not exclude the right of Jett Studio to demand payment of remuneration due for the order. 6. Jett Studio may issue and deliver goods in batches. In this case, Jett Studio may issue a VAT invoice separately for each batch. 7. Jett Studio shall not be liable for damage occurring during delivery, in particular for loss or damage of the order. 8. Jett Studio shall not be liable for delay in delivery of the order, which resulted from the fault of the carrier. 9. From the date of receipt and issuance of the order, the risk of loss and damage as well as all obligations related to its possession are transferred onto the Counterparty.
§5 Marking of goods
1. The Counterparty may commission Jett Studio in a documentary form (via e-mail) to mark the goods. The possibility of ordering such service in an oral form is excluded. 2. The Counterparty is obliged to provide a file with 1: 1 graphics in .ai, .eps, .cdr, pdf. format, with colours according to the PANTONE template. Text in files should be converted to curves. Providing a file with graphics in a form that does not comply with the above requirements is associated with additional fees related to the work of a graphic designer on graphic adaptation. 3. The Counterparty allows the possibility of a difference in colour between the colour specified in the order in the PANTONE scale and the actual colour on the item constituting the order, in the range of +/- 1 shade (depending on the substrate and marking technique). 4. Jett Studio confirms the acceptance of realisation of the service of marking goods in a documentary form (including via e-mail). The possibility of confirming the acceptance of such a service in an oral form is excluded. 5. The realisation date of the service is determined by Jett Studio after prior acceptance of the visualization by the Counterparty. Lack of acceptance is considered as resignation from the service. 6. In the event of resignation from the service, the Counterparty shall reimburse Jett Studio for all costs related to the commencement of the realisation of the order. 7. During marking of goods or in connection with hidden defects of goods, a certain amount of goods may become damaged. Jett Studio has the right to provide 5% more or less of the products with print ordered by the Counterparty and include it on the invoice. Any costs arising in this respect shall be borne by the Counterparty. The Counterparty confirms that it understands and accepts the possibility of the above situation. Jett Studio undertakes to make every effort to minimize losses resulting from damage to the goods at the marking stage.
§6 Complaint
1. In the event of visible damage to the packaging containing the order, the Counterparty is obliged to place an appropriate notation on the waybill in the presence of the deliverer or to draw up a damage report signed by the deliverer. 2. After receiving the order, the Counterparty is obliged to check the condition and its conformity. The Counterparty may report any non-conformities and defects within 3 days of receiving the order. Failure to report non-conformities and defects is considered as recognition of the order's conformity with the contract. 3. Non-conformities and defects of the order should be reported before making changes to the subject of the order. After processing the order shall not be subject to complaint. 4. The basis for submitting a complaint is sending a completed and signed form (form available here). 5. Complaints will not be considered if the damage has resulted from improper use or misuse. 6. Jett Studio will make every effort to consider the complaint within 14 days from the date of receipt of the form submitted in accordance with par. 3. 7. Any irregularities in the part of the delivered goods do not entitle the Counterparty to complain about the entire order. 8. If the complaint is accepted, Jett Studio will repair or replace the complained order with a new one. The method of considering the complaint remains to Jett Studio's discretion. 9. Jett Studio shall be liable for damage resulting from the performance of the contract up to the amount of the net price paid for a given order. Jett Studio shall not be liable for further damage or lost benefits.
§7 Order cancellation
1. The order may be returned to Jett Studio on the basis of the principles set out in this paragraph. 2. The return of the order requires each time Jett Studio's consent expressed in a documentary form (via e-mail). Jett Studio excludes the possibility of expressing such consent in an oral form. 3. The return shall be at the Counterparty's cost and risk. 4. Jett Studio will indicate the date and place where the Counterparty will deliver the returned order. The date and place will be indicated in a documentary form (via e-mail). Jett Studio excludes the possibility of indicating such information in an oral form. 5. Jett Studio may agree to return the order only if the order includes products from the current Jett Studio catalogue. 6. The Counterparty may submit a request for the possibility of returning the order within 14 days of receiving the order if the order and packaging are intact, unused and have not been modified. 7. Submitting a request for a possibility to return the order should be done by sending a completed and signed Return Form (a template for the Return Form can be downloaded here). 8. In the event of returning goods previously approved by Jett Studio, the Counterparty will be charged with a handling fee of 15% of the net value of the returned order. 9. In the event of resignation from the realisation of the order, the Counterparty is obliged to cover all costs incurred by Jett Studio in connection with commencing the realisation of the order. 10. If the resignation concerns an order manufactured and imported at the request of the Counterparty, the Counterparty will additionally pay to Jett Studio a contractual penalty in the amount specified below:
§8 Conformity with the order
1. The order may differ from the arrangements regarding its properties, in particular the arrangements regarding weight, size, number, quantity, colour, concentration, composition, density. 2. The permissible number of differences referred to in par. 1, is 3% relative to the entire order. 3. Samples and models presented by Jett Studio are only examples. It is not allowed to base claims on illustrations and wordings contained in Jett Studio’s catalogues and other advertising/promotional materials.
§9 Warranty
1. Jett Studio provides a quality guarantee for orders for a period of 12 months from the date of receipt of each order batch. 2. The quality of orders complies with the inspection level standards: AQL Level II - Major 2.5 Minor 4.0. 3. Under the warranty, Jett Studio undertakes to remove defects in the order free of charge as soon as possible from the date of receipt of the notification about the existence of a defect. 4. The Counterparty shall submit the notification about the existence of a defect in writing within 3 days from the date of detection of the defect. 5. Failure to notify about the existence of a defect within the above mentioned period results in the loss of claims arising from the guarantee. 6. Jett Studio will be entitled to choose the method of removing the defect (repair, replacement of the defective item). 7. The warranty does not cover the exchange of the subject of the order for a new one.
§10 Copyrights
1. The Counterparty provides Jett Studio with materials to which it holds the economic and moral rights and protection rights arising from the industrial property right. 2. Jett Studio shall not be liable for claims of third parties related to the violation of their rights indicated in par. 1. In such case, the Counterparty undertakes to satisfy claims of third parties addressed to Jett Studio.
§11 Final provisions
1. These GTCC are subject to the Polish law. 2. In matters not covered, the relevant provisions of the Polish Civil Code shall apply. 3. All disputes arising from the GTCC shall be resolved by the court having territorial jurisdiction over the registered office of Jett Studio. 4. Jett Studio will inform about each change to the GTCC via www.jettstudio.pl website and via e-mail. If the Counterparty does not agree to the changes proposed in the GTCC, it may object to these changes in writing (the date of receipt to the registered office of Jett Studio decides) or electronically at the address info@jettstudio.pl within 14 days from receiving information about the proposed changes via e-mail. Failure to object in the manner indicated above by the Counterparty will mean the acceptance of the proposed changes to the GTCC.
Warsaw 2017-09-05 |