General terms of sale

PREAMBLE

Running tree and shrub nurseries as a family business since 1936, we are guided by the principles of commercial honesty, professionalism and reliability. We build lasting relationships with business partners and other people and entities related to the horticultural market. We value your word as highly as written agreements. As our business develops, we strive to establish clear and unambiguous rules of cooperation with our Company. Hence the decision to implement the General Terms and Conditions of Sale, which provide answers to many recurring questions. At the same time, we remain open to individual arrangements for important cooperation issues.

In order to establish the principles of mutual cooperation and to ensure the greatest possible transparency in the provision of services by the Nursery, the following General Terms and Conditions of Sale are introduced.

§1 Definitions
For the purposes of these General Terms and Conditions of Sale, the following definitions are introduced:

Nursery – means a company under the business name Planty z Runowa Sp. z o. o. Sp. komandytowa with its registered office in Runowo.
Customer – means a natural or legal person who has concluded a civil law contract with the Nursery regarding the subject of the Nursery’s business activity consisting in the sale of Goods
Parties – means the Client and the School.
Consumer – means a Customer who is a natural person who is a consumer within the meaning of the provisions of the Civil Code.
Entrepreneur – means a Customer who is not a Consumer.
Goods/Goods – plants offered for sale by the Nursery. The Goods do not include the provision of care, advisory, design or transport services by the Nursery.
Headquarters of the School – means Runów ul. Blooming 10.
General Terms and Conditions of Sale (hereinafter referred to as GTC) – this document.

§2 General remarks
The General Terms and Conditions constitute an integral part of all contracts concluded between the School and the Customer. The General Terms and Conditions are deemed to be binding on the Parties at the time of concluding the contract between the Parties. The conclusion of an agreement between the Parties is understood as the procedure for placing an order referred to in §2 of the GTC.
The General Terms and Conditions are prevailing, which means that, except for cases expressly provided for in the relevant provisions of the General Terms and Conditions, the application of other conditions, agreements and regulations that are in conflict with the provisions of the General Terms and Conditions is excluded.

§3 Orders
Subject to the following sentence, orders are placed in writing, by fax or e-mail. The Customer is entitled to place an order orally at the Nursery’s headquarters, provided that the Nursery consents and immediately begins to process the order.
The order is placed according to the availability of the Goods.
From the moment the order is placed, the Customer is bound by the order.

The following ordering procedure is established:
The Customer submits an inquiry to the School regarding the availability of the Goods he is interested in;
in response to the inquiry, the School presents information regarding the availability of Goods, prices of individual Goods, and order completion dates. The nursery is bound by the information indicated in the previous sentence for a period of 3 (three) days from the date of submitting the response to the inquiry;
based on information obtained in accordance with the provisions indicated in point b) The customer can place an order;
after receiving the order, the Nursery is obliged to confirm the execution of the order. The nursery is free from the obligation to confirm the order if the Customer places the order orally and immediately starts processing the order.

The order is confirmed in the same way as the order was placed by the Customer, or in another way chosen by the School.
The ordering procedure indicated in section 4(a)-d) of the General Terms and Conditions does not apply when the Customer places an order orally at the Nursery’s headquarters, provided that the Nursery consents to it and immediately starts processing the order.

§4 Price and payment terms
All payments for the purchase of Goods are made by the Customer in Polish currency after adding the necessary taxes, including tax on goods and services (Price). Prices of Goods are provided by the School in both net and gross value.
The Customer is obliged to pay the Price for the Goods, and if the Goods are to be transported at the Customer’s request to a place indicated by the Customer that is not the Nursery’s registered office in accordance with the provisions of §5 of the GTC, the Customer is obliged to bear the transport costs.
Subject to the provisions of §4(5) of the General Terms and Conditions of Sale, the Price is paid upon delivery of the Goods. For the purposes of determining the obligation to pay the Price, it is considered that in the event of delivering the Goods to a place other than the Nursery’s registered office, the moment of delivery of the Goods is the moment of delivery of the Goods to the place indicated by the Customer.
The Parties may agree on a different mode of payment of the Price than that indicated in §4 section 3 of the GTC, in particular to establish that the payment of the Price will take place after the Goods have been delivered. Determining a payment mode other than that indicated in §4(3) of the GTC will be based on separate arrangements made between the Parties.

The Customer is in default with the payment of the Price if he does not pay the entire Price within the deadline specified in §4(3) of the GTC or within the deadline set in accordance with the provisions of §4(4) of the GTC. In the event of delay in payment of the Price, the School is entitled to:
claiming statutory interest for delay;
withdraw from the contract after requesting payment from the Customer who is in default.
In the event of deterioration of the Customer’s financial situation, or if the Customer, after completing a previous order, was or remains in default with the payment of the Price, the Nursery is entitled to:
suspending the delivery or suspending the release of the Goods until the entire Price has been paid, or
request appropriate security, or
withdraw from the contract without suffering any negative consequences.

§5 Goods receipt, transport, packaging
Except for cases agreed between the Parties, the Customer is obliged to collect the Goods at the Nursery’s registered office.
By mutual agreement, the Parties may establish the conditions and rules for transporting the Goods to a place indicated by the Customer outside the Nursery’s Headquarters. The terms and conditions of transport are established under a separate agreement.
The Nursery is obliged to sell the Goods in appropriate packaging corresponding to the properties of the Goods. Proper packaging means placing the Goods in a pot corresponding to the size of the Goods, as well as protecting the Goods against damage during transport.

§6 Dimensions, differences
All dimensions of the Goods are approximate, deviation from the given dimensions is allowed by +/- 10%.
Differences between plants of the same species of Goods are allowed due to naturally occurring differences within the same species.

§7 Liability for defects in the Goods
Due to the fact that the Goods are live plants requiring appropriate care after the Goods are delivered, the Nursery is liable for defects in the Goods only to the extent indicated in §7(1)(a)-b) of the GTC. The nursery is responsible for:
the sold Goods correspond to the name, species and size, and
sold The goods at the time of sale are a living, healthy plant, free from diseases and pests.

If the Goods are cared for by professional entities, the Nursery may extend the scope of its liability to circumstances other than those indicated in §7 section 1 of the General Terms and Conditions after prior arrangements with the Customer.
The nursery is free from liability within the limits of force majeure. Force majeure also means, but is not limited to: drought, frost and attack of the Goods by pests.
In the event of non-compliance of the Goods with the contract, the School, at its discretion, is obliged either to repair the Goods or to replace the Goods with a new one free from defects.
The Customer who is an entrepreneur is obliged to examine the received/received Goods and in the event of any defects for which the School is responsible, the Customer is obliged to immediately, but no later than 3 (three) business days, report to the School in writing the fact of the occurrence of defects and the type defects. If the Customer is a consumer, reporting defects is subject to the provisions of the Act of July 27, 2002 on special conditions of consumer sales and amending the Civil Code.
The liability of the School expires to the extent that as a result of changes made by the Customer resulting from an unsuccessful attempt to remove defects in the Goods, the Goods were damaged or destroyed. The Nursery’s liability does not arise if the damage or destruction of the Goods was caused by faulty care of the Goods by the Customer.

§8 Liability
The nursery is liable only within the limits of liability for culpable actions. The nursery is not responsible for any random or weather events that prevented the execution of the order.

§9 Personal data
By placing an order, the customer agrees to have his or her personal data placed in the School’s customer database and to be processed for the purposes of executing the contract. Providing personal data by the Customer and consent to their processing are necessary for the School to complete the order.
The Customer’s personal data are protected in accordance with the Personal Data Protection Act in a way that prevents access by third parties.

§10 Right to return the Goods
If the Goods are sold electronically to the Consumer, in accordance with the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product, the Customer may resign from the Goods without giving a reason within 10 days from the date of receipt of the shipment.
Return of Goods in accordance with the rules specified in section 1 may occur in a situation where the Goods have been duly and properly cared for, have not been planted, have not been used and have not been destroyed or damaged in any way. The Goods can only be returned if the Goods are still packed.
Returned goods should be sent back together with the invoice received with them.
The Nursery will refund an amount equal to the Price of the Goods and the costs of return transport, provided that these costs do not exceed the transport costs incurred in connection with the original delivery of the Goods. The money will be refunded within 14 business days from the date of receipt of the returned Goods.

§11 General provisions
In unregulated matters, the provisions of Polish law shall apply, in particular the provisions of the Civil Code.
The goods presented by the School do not constitute an offer within the meaning of the Civil Code.
If any provisions or part of the provisions contained in the General Terms and Conditions of Use turn out to be invalid, this does not invalidate the General Terms and Conditions and such provisions shall be replaced by valid provisions.

These General Terms and Conditions are effective from March 1, 2011