ONLINE STORE TERMS AND CONDITIONS
We ask Customers to read the Terms and Conditions because their content applies to both parties at the time of making purchases in the online store – eshop.swissrotors.com
I. GENERAL PROVISIONS
The Online Store available at www.eshop.swissrotors.com is run by Swiss Rotors Sp. z o.o. ul. Sportowa 8c, 81-300 Gdynia; NIP: 5860017379, REGON 190539421 entered in the Register of Entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000008914. Share capital: PLN 300,000.
In matters not covered by these Terms and Conditions, the provisions of the following legislation shall apply: Civil Code; Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws No. 22, item 271, as amended); Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of Polish law.
The store reserves the right to refuse to process the order if the ordered goods are unavailable. The store shall notify the customer about the situation and refund the entire amount received from the customer.
Glossary of terms:
REGISTRATION FORM – a form available in the online store that allows you to create an account.
ORDER PANEL – an interface that allows you to place an order in the online store
CUSTOMER – a Purchaser who intends to conclude or has concluded a Sales Agreement with the Seller.
GOODS – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
PENDING STATUS – the order is awaiting verification by an employee of the Store.
CONFIRMED STATUS – the Seller will present the details of the offer
ACCEPTED STATUS – the order has been accepted for execution. The customer bought the goods by clicking the “buy” button in the online store.
COMPLETED STATUS – the order has been processed – the goods have been shipped/are ready for collection.
ONLINE STORE – the Seller’s Online Store available at the Internet address of www.eshop.swissrotors.com
SELLER – Swiss Rotors Sp. z o.o. ul. Sportowa 8c, 81-300 Gdynia; Tax Identification No. (NIP): 5860017379, Business Statistical No. (REGON) 190539421;
SALES AGREEMENT – a Goods Sales Agreement concluded between the Customer and the Seller via the Online Store.
ORDER – the Customer’s declaration of will constituting an offer to conclude a Goods Sales Agreement with the Seller.
II. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
Announcements, advertisements, price lists and other information about the Goods provided on the websites of the Online Store, in particular their descriptions, technical and functional parameters and prices, do not constitute an offer within the meaning of Article 66 of the Civil Code, and are an invitation to conclude an agreement, within the meaning of Article 71 of the Civil Code.
The price of the Goods shown on the Online Store website is given in euros or US dollars and does not include VAT, customs duties and any other components that the customer is obliged to pay. Prices do not include delivery costs.
Orders can be placed via the website (online store www.eshop.swissrotors.com).
After placing the order, the seller shall immediately confirm its receipt, which does not result in the order being binding on the customer. The Seller shall consider the placed order and inform the Customer about the final terms of the order.
Confirmation of the acceptance of the Order is treated as acceptance for execution, which shall take place by sending an e-mail or by changing the status of the order to “in progress”.
When the customer clicks the “Buy” button, the customer submits an offer to purchase the ordered Goods.
The “Order status” informs about the stage the order is currently on.
There are four statuses of order execution: pending status, confirmed status accepted status and completed status. The customer is always informed via e-mail about the change of the order status.
The sales agreement is concluded when the order is in the “accepted” status.
Each sales agreement shall be confirmed by a VAT invoice, which will be attached to the goods and sent to the e-mail address provided during user registration.
Shipping costs are charged after selecting the method of delivery and payment in the ordering process and are added to each order.
III. PAYMENT METHOD
The following payment methods are possible:
Prepayment to the Seller’s bank account – Depending on the arrangements between the parties to the agreement, payment terms to be agreed (30 days, 60 days) or determined individually.
IV. COST, TIME AND METHODS OF DELIVERY
Delivery or collection of goods shall take place in the manner chosen and specified by the customer in the order.
Goods purchased in the online store can be collected in person or shipped via a forwarding company after prepayment.
The costs of shipping via a forwarding company depend on the weight of the goods and the place of delivery (costs are calculated when filling in the cart and are visible before placing an order).
The Seller reserves the right to suspend the order in cases preventing its implementation and, at the same time, undertakes to immediately notify the Ordering Party about the situation.
The delivered parcel shall be checked in the presence of the courier or forwarding company.
In the event of external damage and non-compliance of the content with the attached invoice, the ordering party shall prepare a report in the presence of the courier/forwarding company, which will be signed by the purchaser and the courier/representative of the forwarding company.
An indicative order completion date is provided for a specific product. In case of doubts or lack of information on the time of completion, please contact us before placing the order via e-mail to email@example.com.
All order completion dates are given in working days, excluding Saturdays.
V. WARRANTY, GOODS RETURN, COMPLAINTS
All products offered in the store are new, free from physical and legal defects, and have been legally placed on the world market.
- Seller warrants to the original Purchaser of its Energy Recovery Exchangers (“Products”), subject to the enclosed exclusions and conditions, that the goods will be free from material defects and defects in workmanship, under normal operating condition, for a period of twenty-four (24) months from the date of shipment.
- Products not manufactured by Seller will be warranted by Seller only to the extent that they are warranted to Seller by their manufacturer.
- Controller warranties and claims concerning the electric motor and gearbox are administered only by the motor manufacturer.
- In event of any latent defects, Purchaser must notify Seller in writing within 48 hours of discovery thereof. Failure to notify about them, shall be deemed an absolute and unconditional waiver of claim for such defects. The inspection procedure in terms of latent defects is mandatory to be performed by Purchaser under pain of losing the right to invoke the claim for such defects after 2 working days of the date of receipt.
Upon confirmation that the products have been stored, assembled, used and maintained according to standard industry practice, Seller, at own option will
5.1. repair any defective part or parts, or
5.2. make a repaired or replaced part available at the Seller’s plant.
- The Seller’s Limited Warranty excludes defects, failures and reduced performance caused, either directly or indirectly, by improper assembly, operation above rated capacities, misuse (i.e., operating in toxic, flammable or corrosive fumes, or special application exposed to corrosive / industrial processes or marine environment – for further application guidance contact the representative of the Seller), exposure to liquid water, paint, dust or grease from commercial kitchen, abuse, misuse, any modification or repairs made to Products by Purchaser or third parties, improper maintenance or cleaning, negligence, accident, as well as damage caused by natural disasters, force majeure or normal deterioration, including wear and tear.
- No warranty is available to Purchaser if Purchaser is delinquent in payments to the Seller.
- This Limited Warranty does not include costs of transport (including without limitation, freight and return freight charges and insurance), costs of disassembly or re-installation of parts or equipment, premiums for overtime, or in-field service costs including costs of repairing or replacing parts of the equipment.
- Seller is not responsible for damage suffered during transport of any product to or from the Seller’s location.
- THE OBLIGATION AND LIABILITY OF THE SELLER UNDER THIS LIMITED WARRANTY DOES NOT INCLUDE LOSSES, DAMAGE OF OTHER GOODS; PENALTIES, ANY DAMAGE TO PERSONS, PROPERTY, DIRECT OR INDIRECT; INCIDENTAL, SPECULATIVE, INDIRECT, OR CONSEQUENTIAL DAMAGE; RESPECTIVE OF FORESEEABILITY OF ANY SUCH DAMAGE.
- THIS LIMITED WARRANTY IS PROVIDED EXCLUSIVELY TO THE ORIGINAL PURCHASER OF GOODS AND MAY NOT BE TRANSFERRED OR ASSIGNED WITHOUT THE EXPLICIT WRITTEN CONSENT OF THE SELLER
- This limited warranty and liability is governed by the laws of the Republic of Poland.
In the case of a complaint, please indicate what the complaint concerns (a detailed description). The complaint form is available at https://swissrotors.com/claim-form/
VI. PERSONAL DATA PROTECTION
By placing an order, the customer consciously agrees to the processing and use of his/her personal data in order to fulfil the order, as well as to handle any complaints and to facilitate any future purchases. These data are not processed or used for any other purpose.
VII. TECHNICAL REQUIREMENTS
- In order to use the store properly via the website, the following are required:
Internet browser: Internet Explorer version 7 and higher, Firefox – version 20 or higher, Google Chrome – version 26 or higher, Opera – version 11.64 or higher
Minimum resolution for the application: 800×600, recommended resolution 1024×768 or higher.
- Disabling cookies usually does not preclude the use of the store, but may in special cases cause difficulties in connection with the store. In this case, the Seller shall not be liable for damage resulting from the lack of active cookies support by the Customer.
VIII. FINAL PROVISIONS
The Terms and Conditions define the rules of shopping in the store.
The store reserves the right to make changes to these Terms and Conditions. The changes made are binding on the customer of the store, provided that the customer has been properly informed about the changes.
Agreements concluded through the Online Store are concluded in accordance with Polish law and in the Polish language.
Any disputes arising in connection with the implementation of sales agreements between the eshop.swissrotors.com store and consumers shall be settled first by negotiation, with the intention of amicable settlement of the dispute. However, if this would not be possible or would be unsatisfactory for either party, any disputes shall be resolved by a competent common court.