GTC for Sales Agreements for Goods concluded by "Maritex" Leszek Łosin Spółka jawna (general partnership)

§ 1

General Provisions

These General Terms and Conditions (hereinafter: "GTC") constitute a contractual template adopted and applied by "Maritex" Leszek Łosin Spółka jawna (general partnership) with its registered office in Gdynia (address of the registered office and correspondence address: ul. Rdestowa 53D, 81-577 Gdynia), entered into the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy – KRS) maintained by the District Court Gdańsk – Północ in Gdańsk (Sąd Rejonowy Gdańsk – Północ w Gdańsku), 8th Commercial Division of the National Court Register, under KRS No.: 0000880720, Tax Identification Number (NIP): 9581659572; National Business Registry Number (REGON): 221578676 (hereinafter: "Maritex" or "Seller").
The GTC define the content of Sales Agreements concluded with Entrepreneurs and the conditions for concluding and terminating Sales Agreements with Entrepreneurs outside the Online Store.
The terms and conditions for concluding and terminating Sales Agreements by Maritex with Entrepreneurs via the Online Store are regulated by the Maritex Online Store Regulations.
The provisions of the GTC may only be modified by an express, different arrangement of the parties made in writing or in documentary form, under pain of nullity. In case of doubt as to the content of the Sales Agreement, the provisions of the GTC shall prevail.
A Sales Agreement between Maritex and an Entrepreneur may be concluded only with the application of the GTC in its entirety. In the event that an Entrepreneur concluding a Sales Agreement with Maritex applies its own contractual template, Article 385(4) § 2 of the Civil Code shall not apply.

§ 2

Definitions

Delivery – delivery of the ordered Goods to the delivery address indicated by the Buyer.
Business Day – one day from Monday to Friday, excluding public holidays.
Civil Code – the Act of 23 April 1964, the Civil Code (i.e., Journal of Laws 2024, item 161, as amended).
Entrepreneur – a legal person or an organizational unit without legal personality, which is granted legal capacity by a separate act, conducting business activity. Entrepreneurs also include partners in a civil partnership with respect to their business activity and natural persons concluding a contract directly related to their business or professional activity, where the content of such contract shows that it has a professional character for them.
Force Majeure – any unforeseen events beyond the control of the Buyer or the Seller that they could not prevent, such as war, riots, strikes, disasters, floods, transportation disruptions.
Seller – MARITEX Leszek Łosin Spółka jawna (general partnership) with its registered office in Gdynia (address of the registered office and correspondence address: ul. Rdestowa 53D, 81-577 Gdynia), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk – Północ in Gdańsk, 8th Commercial Division of the National Court Register, under KRS No.: 0000880720, NIP: 9581659572; REGON: 221578676, e–mail: maritex@maritex.eu , phone: +48 58 6228900.
Goods – a movable item that can be purchased from Maritex through the conclusion of a Sales Agreement.
Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Buyer and the Seller.

§ 3

Conclusion of Sales Agreements

In order to conclude a Sales Agreement, the Entrepreneur shall place an order by electronic correspondence to the address of Maritex. In the order, the Entrepreneur shall indicate the following data concerning the Sales Agreement:
In order to place an order, the Buyer may use the order template constituting Appendix No. 1 to the GTC and published on the Maritex website.
Upon placing an order, Maritex shall immediately confirm its receipt by sending an appropriate notice via electronic mail to the e-mail address provided by the Buyer.
Confirmation of receipt of the order does not result in the conclusion of the Sales Agreement, nor does it constitute acceptance of the offer; it merely confirms the factual receipt of the order by Maritex and the commencement of the process of verifying the possibility of accepting the order for execution, in particular as regards the availability of the ordered Goods.
The confirmation of receipt of the order contains a summary of the order, indicating the data relating to the Sales Agreement, based on the Buyer’s order, and also indicating the payment term applicable to the Buyer.
The order summary referred to in the preceding point may contain a proposal to modify the order, including in terms of the quantity or type of Goods ordered, delivery dates for the Goods, or a proposal to divide the order into parts or batches.
Together with the order summary, Maritex shall provide the Entrepreneur with a link to the GTC available on the Maritex website, in a manner enabling the Entrepreneur to store and reproduce these documents in the ordinary course of business.
Maritex reserves the right to refuse acceptance of the order for execution or to propose modifications to the order to the Buyer, including by indicating the possibility of partial execution of the order or a change of the Delivery dates specified in the order.
Maritex shall inform the Buyer of the refusal to accept the order for execution by sending an appropriate notice via electronic mail to the e-mail address provided by the Buyer. In the event of refusal to execute the order, the Sales Agreement shall not be concluded.
Maritex shall confirm acceptance of the confirmed order for execution by sending the Buyer an appropriate message via electronic mail to the e-mail address provided by the Buyer. This message constitutes confirmation, provision, recording and securing of the content of the concluded Sales Agreement. The Sales Agreement shall be deemed concluded at the moment the Buyer receives the message.
The Buyer may also place an order by telephone, during a conversation with a Maritex employee, providing the Sales Agreement data indicated in point 1. In such a case, Maritex shall confirm receipt of the order by sending an appropriate notice via electronic mail to the e-mail address provided by the Buyer. The confirmation of receipt of the order shall contain an order summary indicating the data relating to the Sales Agreement, based on the Buyer’s order. Points 5–10 of this paragraph shall apply accordingly.
If the Buyer’s order constitutes the second or subsequent order placed with Maritex, and the Sales Agreement data contained in the order is complete and consistent with the order template constituting Appendix No. 1 to these GTC and does not require modification, Maritex may send the Buyer the order summary together with information confirming acceptance of the order for execution. In such a case, the Buyer’s order shall be treated as an offer within the meaning of the Civil Code (Kodeks cywilny), and the Sales Agreement shall be deemed concluded at the moment the Buyer receives the message confirming acceptance of the order for execution, without the need for additional acceptance of the order summary by the Buyer.
The GTC received by the Buyer in the manner specified in point 7 above shall also be binding for each subsequent Sales Agreement concluded by the Buyer with Maritex, as a contractual template governing the general terms of cooperation with Maritex. Subsequent provision of the GTC and their acceptance by the Buyer shall be required only in the event of changes to the GTC. This also applies to other regulations made available by Maritex that are applicable to the Sales Agreement.
By placing an Order, the Buyer:
1. undertakes to comply with the applicable customs, export and import regulations of the country to which the Goods purchased from the Seller are to be delivered, and to obtain the necessary permits or licences for the disposal, export, re-export or import of goods from the countries of their origin, if the applicable regulations in those countries require such permits or licences, as well as to comply with the customs regulations of those countries,
2. acknowledges that there are legal provisions of countries and/or international organisations imposing restrictions on trade in certain goods and related technology/documentation with specific countries, entities or individuals, and declares that it is not deprived of the right to purchase Goods from the Seller,
3. undertakes to comply with all applicable legal acts, including statutes, regulations, and sanctions or decisions issued thereunder or in connection therewith, which relate to so-called dual-use goods and technology, if they concern Goods sold by the Seller, for example, European Union provisions on export controls and sanctions, the United Nations policy on sanctions, as well as other applicable economic sanctions, export controls or import regulations,
4. declares that it will use the purchased Goods solely for civilian end-uses and will not use the Goods for unauthorised military end-uses within the meaning of the regulations referred to above; furthermore, the Buyer shall not enable the acquisition of the Goods by end-users or entities subject to restrictions, prohibitions or sanctions, including under the regulations referred to above, and shall not use the Goods for end-uses prohibited under such regulations,
5. shall not knowingly resell, re-export, or otherwise make available the Goods to third parties who do not unequivocally confirm that they will comply with the rules set out in points 14.1–14.4 above.
The Seller shall not be liable for any unlawful use of the purchased Goods or for the consequences of such use.

§ 4

Delivery of Goods

The costs of Delivery of the Goods to the place of Delivery indicated by the Buyer shall be borne by the Buyer, unless the Sales Agreement provides otherwise.
The costs of Delivery of the Goods (including transportation fees, shipment insurance and postal services, as well as customs and fiscal charges) shall be determined separately for each order and indicated to the Buyer no later than in the confirmation of acceptance of the order for execution by Maritex.
Indicative Delivery costs shall be specified by Maritex on the MARITEX website in the “Delivery Costs” section.
The Seller shall deliver the ordered Goods to the place indicated by the Buyer via external carriers, including courier companies.
The order execution period shall be 30 days, however, the Seller reserves the right to change the delivery date and make detailed arrangements in this respect with the Customer.
In the case of goods not available in stock, the delivery times indicated on the website are approximate and require confirmation with the Seller.
In the case of an order covering Goods with different execution periods, the order execution period shall be the longest indicated period.
The commencement of the order execution period shall be as follows:
1. from the date of crediting the Seller’s bank account or settlement account – where the Buyer is obliged to make an advance payment,
2. from the date of conclusion of the Sales Agreement – in the case of a deferred payment term.
The order execution period shall be understood as the period until the ordered Goods are handed over to the carrier.
The Sales Agreement may specify specific dates for Delivery of the Goods to the place indicated by the Buyer. In such a case, Maritex shall be obliged to deliver the ordered Goods to the Buyer no later than on the date specified in the Sales Agreement.
The Seller shall not be liable for delays in Delivery of the Goods resulting from circumstances beyond its control, in particular due to circumstances attributable to the carrier or due to Force Majeure. Maritex shall inform the Buyer of any delay in Delivery of the Goods.
The Buyer shall be obliged to collect the Goods delivered by Maritex to the place indicated by the Buyer.
In the event of non-collection of the Order by the Buyer, the Buyer shall be obliged to cover the costs of return shipment to the Seller, if incurred. Redelivery of the Goods to the place indicated by the Buyer shall take place on the date specified by Maritex, at the Buyer’s expense.
In the event that the Buyer avoids collecting the ordered Goods, including by failing to collect the Goods delivered by Maritex, Maritex shall have the right, at its discretion, to:
1. charge the Buyer with lump-sum storage costs of the ordered Goods until their collection by the Buyer or withdraw from the Sales Agreement;
2. demand immediate payment of the sale price of the Goods affected by the Buyer’s delay in collection;
3. demand an advance payment for the sale price of the Goods covered by other Sales Agreements concluded with the Buyer but not yet performed;
4. withdraw from the Sales Agreement in respect of the uncollected Goods or in whole, as well as withdraw from other Sales Agreements concluded with the Buyer but not yet performed as at the withdrawal date – within 60 days from the date of occurrence of the Buyer’s delay in collecting the ordered Goods.
  
  For the effectiveness of the above demands or withdrawal from the Sales Agreement, it shall be sufficient to make an appropriate statement via electronic mail to the e-mail address indicated by the Buyer.
The Seller shall have the right to withdraw from the concluded Sales Agreement if performance of the order within the time limit becomes impossible or excessively difficult, including due to the unavailability of the Ordered Goods. The Seller may exercise the right to withdraw from the Sales Agreement in whole or in part within 90 days from the date of conclusion of the Sales Agreement. Withdrawal from the Sales Agreement requires making an appropriate statement via electronic mail to the e-mail address indicated by the Buyer. After withdrawal from the Sales Agreement, the Seller shall immediately refund to the Buyer the paid sale price and other Delivery costs of the Goods.
The Seller reserves the right to sell Goods to selected countries as well as the right to refuse to deliver Goods to selected locations.
Upon Delivery of the Goods, the Buyer shall be obliged to promptly inspect the shipment and, if it is found that a loss or damage occurred during transport, shall carry out all actions necessary to determine the carrier’s liability. Any reservations by the Buyer that can be established upon receipt of the Goods shall be recorded at the time of receipt, on the consignment note or in an appropriate protocol, under pain of presumption that the shipment was received without reservations.
Reservations by the Buyer regarding the delivered Goods identified after receipt shall be reported to Maritex no later than within 3 days from the date of receipt, under pain of presumption that the Buyer accepts the condition of the received Goods and raises no reservations in this respect.
The Buyer shall bear sole responsibility for collecting the delivered Goods and the costs related thereto, in particular in respect of unloading, unless the parties expressly agree otherwise.
All benefits and burdens associated with the Goods sold, as well as the risk of accidental loss or damage to the Goods, shall pass to the Buyer upon their handover to the carrier. Title to the Goods shall pass to the Buyer upon their receipt.

§ 5

Payment Terms

The Buyer shall be obliged to pay the price for the sale of Goods in advance, as a prepayment, unless the Sales Agreement provides otherwise, in particular specifies a defined deferred payment term.
The Parties may agree on a deferred payment term of between 7 and 90 days. The Seller shall indicate the deferred payment term agreed with the Buyer in the Order summary.
The Seller allows the following methods of payment for the Goods and the Delivery costs:
1. cash on delivery upon receipt of the shipment,
2. electronic payments via the Tpay.pl service, including payment by payment card, Blik, PayPal, ApplePay and GooglePay,
3. payment by bank transfer.
Electronic payments and payment card transactions are handled by Tpay – Payments: Krajowy Integrator Płatności S.A., with its registered office in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań. The company is entered in the National Court Register under KRS number 0000412357, holds NIP number 7773061579 and REGON number 300878437.
In the case referred to in point 1 above, the Buyer shall be obliged to pay the sale price of the Goods:
1. in the case of payment by bank transfer – to the Maritex bank account indicated on the VAT invoice issued by Maritex, within the period indicated on the VAT invoice,
2. in the case where the Buyer chooses electronic payments or payment card payments – the Buyer shall make the payment using the link received from Maritex via electronic correspondence after conclusion of the Sales Agreement,
In the case where the Buyer chooses cash on delivery upon receipt of the shipment, the Buyer shall pay in cash upon receipt of the Goods from the carrier (courier).
In the case of a deferred payment term, the Buyer shall pay the sale price of the Goods within the period indicated in the order summary and on the VAT invoice. The payment term shall be counted from the date of issuance of the VAT invoice.
In the case of a deferred payment term, Maritex shall issue the VAT invoice on the date of handing over the Goods to the carrier.
The Buyer agrees to receive VAT invoices from Maritex in electronic form, without a signature, via electronic correspondence, to the e-mail address indicated in the Order or another e-mail address expressly provided to Maritex by the Buyer.
The above payment rules for the sale price of the Goods shall also apply to Delivery costs, unless the Parties agree otherwise.
The Seller shall have the right to withdraw from the concluded Sales Agreement if the Buyer is late with payment of the sale price of the Goods or the Delivery costs payable in advance, as a prepayment. The Seller may exercise the right to withdraw from the Sales Agreement in whole or in part within 60 days from the date of occurrence of the delay in payment. Withdrawal from the Sales Agreement requires making an appropriate statement via electronic mail to the e-mail address indicated by the Buyer. After withdrawal from the Sales Agreement, the Seller shall immediately refund to the Buyer the paid sale price and Delivery costs of the Goods, if they have been paid in whole or in part.
The sale price of the Goods may be quoted in Polish zloty (PLN), United States dollars (USD), euro (EUR) or another currency. The Buyer shall make payment in the currency indicated in the Sales Agreement, unless the Parties expressly agree otherwise.
The sale prices of Goods are stated net and do not include VAT, which shall be added by Maritex in accordance with applicable laws.
The date of payment shall be the date of crediting Maritex’s bank account.
The Buyer shall indicate in the title of the bank transfer the VAT invoice number to which the payment relates.
If the Seller has several receivables against the Buyer for payment of the sale price of Goods or Delivery costs, the Seller shall have the right to allocate payments received from the Buyer, at its discretion, towards the receivable indicated by the Buyer or towards any other due receivable, including with respect to the principal obligation or ancillary receivables.
In justified cases, including where the Seller obtains information giving rise to doubts as to the Buyer’s financial condition and solvency, the Seller shall have the right to withhold performance in the form of delivery of the Goods until the Buyer has paid the sale price of the Goods together with the Delivery costs, in the manner and within the time limit specified by the Seller.
The applicable sale prices of Goods are indicated on the Maritex Online Store website. For the Sales Agreement, the binding sale price is the one in force at the time of conclusion of the Sales Agreement. The Parties may agree on other terms individually.

§ 6

Termination or Modification of the Sales Agreement

1. The Seller shall have the right to withdraw from the Sales Agreement concluded with the Buyer within 14 calendar days from the date of its conclusion, without giving any reason. Withdrawal from the Sales Agreement in the indicated manner shall not give rise to any claims by the Buyer against the Seller.

2. Withdrawal from the Sales Agreement requires making an appropriate statement via electronic mail to the e-mail address indicated by the Buyer. After withdrawal from the Sales Agreement, the Seller shall immediately refund to the Buyer the paid sale price and Delivery costs of the Goods, if they have been paid in whole or in part.

3. Any amendments to the concluded Sales Agreement shall require written form or documentary form in the form of electronic correspondence, under pain of nullity.

4. The Buyer may cancel the order until the moment of confirmation of acceptance of the order for execution by Maritex. Cancellation of the order requires an express statement made via electronic correspondence, which must reach Maritex before the submission of the statement confirming acceptance of the order for execution. In such a case, the Sales Agreement shall not be concluded.

§ 7

Liability of the Parties

1. The Seller’s liability under statutory warranty (rękojmia) for the Goods towards the Buyer is excluded.

2. The Seller’s liability for non-performance or improper performance of the Sales Agreement is limited to the actual loss incurred by the Buyer and to the amount of the price paid for the Goods to which the non-performance or improper performance of the Sales Agreement relates. In the event that the Seller, at its discretion, replaces defective Goods with Goods free from defects or refunds the price paid for such Goods, the Buyer shall have no further claims in respect of the sale of defective Goods.

3. The Seller shall not be liable in the event of non-performance or improper performance of the Sales Agreement due to the occurrence of Force Majeure. If the Force Majeure event lasts more than 14 days, both the Buyer and the Seller shall have the right to terminate the Sales Agreement with immediate effect.

4. The Seller does not provide any warranty for the Goods sold. The Goods may be covered by a warranty granted by the manufacturer, the terms of which should be specified in the warranty document attached to the Goods. Rights under the warranty shall be exercised in accordance with the content of the granted warranty, directly against the entity that granted the warranty.

5. The Buyer shall be liable to the Seller for non-performance or improper performance of the Sales Agreement, including in particular for any damage suffered by the Seller due to the Buyer’s failure to collect the delivered Goods or to pay the sale price, related to the incurring of costs of storage or insurance of uncollected Goods, or costs related to the termination of contracts concluded by the Seller with suppliers or carriers. The Seller’s claims shall continue notwithstanding the Seller’s withdrawal from the Sales Agreement in accordance with these GTC.

6. In the event of the Buyer’s delay in payment of the sale price of the Goods or Delivery costs, the Seller shall be entitled, without the need for a demand, to interest for delay in commercial transactions referred to in Article 7(1) of the Act on Counteracting Excessive Delays in Commercial Transactions.

§ 8

Final Provisions

The Buyer may not set off its receivables against the Seller’s receivables arising from the Sales Agreement or transfer its rights or obligations arising from the Sales Agreement, unless the parties decide otherwise in writing, under pain of nullity.
In matters not regulated in these GTC, the provisions of Polish law shall apply. The provisions of the Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980 (Journal of Laws of 1997 No. 45, item 286) shall be excluded.
If any provision of the GTC is held invalid or ineffective, the invalidity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions of the GTC. Maritex shall make efforts to replace the invalid or ineffective provision with a new provision that is legally valid.
Maritex informs that all intellectual property rights related to the Maritex website and the Online Store, as well as other marketing materials used by Maritex, including economic copyrights, industrial property rights, rights to the internet domain, and rights to the company name “Maritex”, belong to Maritex. Maritex also uses the permitted use of the intellectual property rights of third parties in order to present Goods in the Online Store. Use of the above rights by Buyers may occur only to the extent necessary to perform the Sales Agreement or with the Seller’s prior written consent.
The controller of the Buyer’s personal data and/or persons acting on behalf of or for the benefit of the Buyer is the Seller.
The Seller undertakes to process personal data in accordance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – “GDPR”).
The Buyer and/or persons acting on its behalf or for its benefit have a number of rights under the GDPR, in particular:
1. the right to rectify data if it is found that the processed data is incorrect,
2. the right to access their data, including to obtain a copy thereof and information about the processing operations,
3. the right to request the erasure of personal data in cases specified by the GDPR,
4. the right to request restriction of data processing,
5. the right to transfer data provided to the Seller,
6. the right to object to data processing due to a particular situation or if personal data is processed in the legitimate interest of the controller,
7. the right to lodge a complaint with the competent supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged infringement (in Poland – the President of the Personal Data Protection Office), if they consider that the processing of personal data by the Seller violates the law.
All necessary information about personal data processing, as well as about the rights of the Buyer, shall be provided electronically upon request sent to the Seller’s e-mail address: maritex@maritex.eu .
The order template constitutes an annex to these GTC.

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