General Terms & Conditions of Sales

Litex HoReCa Sp. z o.o., (hereinafter: Litex) with registered office in Ostrów Wielkopolski (63-400) at ul. Staroprzygodzka 117, Tax Identification Number (NIP) 6222844434, informs that the sales and provision of services performed by him shall take place – unless otherwise agreed expressly by the Parties in writing or in another information carrier – on the following terms & conditions:

1. In relation to sales performed by Litex to the benefit of any entrepreneurs (business entities), liability of Litex on account of the statutory warranty shall be excluded.
2. On the basis of the Act on Consumer Rights of 30 May 2014, the Buyer being a consumer (a natural person buying goods or ordering a service not connected directly with their business or professional activity) and an entrepreneur being a natural person, concluding the Agreement that is directly connected with their business activity if it results from the content of this Agreement that it does not have professional character for them (resulting in particular from the subject of the run business activity communicated on the basis of the provisions relating to the Central Registration and Information on Business Activity) – hereinafter referred to jointly with consumers as ‘Entitled Persons’ – may withdraw from the concluded Agreement without determination of the reasons within 14 days from the date of receipt of the purchased goods (personal collection from the premises of the Seller or the moment of handover by the carrier) and when the Agreement related to a service – within 14 days from the date of conclusion of the Service Agreement, subject to point 10.
3. Sending of a written withdrawal representation by the Entitled Person in the form of a letter sent on the basis of the proof of registration to the address of Litex or via e-mail to the address: [email protected] or via fax to: +48 62 737 57 08 shall be sufficient for observance of the time limit for the withdrawal. The Entitled Person may for this purpose use the template of the representation provided as Appendix 1 to these GTCS.
4. Immediately after receipt of the representation of the Entitled Person, Litex shall send back a confirmation of receipt of the representation on withdrawal from the Agreement respectively via a letter or to the e-mail address of the Entitled Person on a durable carrier. The returned goods which the representation on withdrawal from the Agreement relates to shall be sent to the address of Litex immediately, yet not later than within 14 days from the date of withdrawal from the Agreement.
5. In case of withdrawal from the Agreement, the Agreement shall be considered as non-concluded. The subject of performance of the Parties shall be returned – subject to point 7 – in non-changed condition unless a change was necessary within the limits of ordinary management. The return shall take place immediately, not later than within fourteen days from the date of submission of the representation on withdrawal from the Agreement, while the Seller shall suspend the return of the due amount to the time of receipt of the proof that the goods have been sent back or receipt of the goods back, depending on which happens first.
6. Litex shall return the payment with the use of the same payment methods as the ones used in the original transaction unless the Entitled Person expressly consents to another solution; in each case, the Entitled Person shall not bear any fees in connection with this return.
7. In connection with withdrawal from the Agreement, Litex shall return to the Entitled Person the original costs of delivery of the Goods to the Entitled Person in the amount of the cheapest offered manner of delivery of the Goods (the costs constituting the difference between the cheapest offered delivery form and the costs connected with the delivery form chosen by the Entitled Person shall not be returned). Moreover, the Entitled Person shall always bear the direct costs of the return of the Goods to Litex. The estimated cost of sending of the goods back should not exceed the amount of …………………..
8. The Entitled Person shall be liable for a decrease of the value of the Goods being a result of the use thereof in a manner exceeding the one that is necessary for determination of the character, features and functioning of the Goods.
9. The provisions of the GTCS in the field of regulations relating to the rights of Litex and the Entitled Person connected with withdrawal from the Goods Sale Agreement shall be respectively applicable to the Service Agreement.
10. The Entitled Person may not withdraw from the Agreement in the cases when services and goods, the purchase of which may not be withdrawn from in compliance with the applicable legal provisions, shall be returned, for example:
    1. on provision of services if the entrepreneur has performed the service in its entirety upon express consent of the consumer who was informed before commencement of the performance of the service that after performance of the service by the entrepreneur they would lose the right to withdraw from the Agreement;
    2. in which the subject is a non-prefabricated object manufactured according to specification or used for satisfaction of their individualised needs;
    3. in which the subject are objects that after their delivery – due to their nature – become inseparably connected with other objects.

By placing the order, the Ordering Party shall be obliged to comply with the sanctions regulations issued by the United Nations, the European Union, Member States of the European Union and the European Economic Area, the United States of America and other countries in connection with the aggression of Russia and Belarus in Ukraine (hereinafter referred to as “sanctions regulations”) and, in particular, declares that:

1. the Ordering Party is not subject to any sanctions regulations or other restrictive measures imposed under the sanctions regulations, and the sanctions regulations with respect to the Ordering Party as well as the subject matter of the transaction do not prohibit the transaction (hereinafter referred to as “Sanctioned Entity”);
2. The Ordering Party is not directly or indirectly owned or controlled by legal or natural persons that are Sanctioned Entities.
3. any goods or services to which it is entitled under its contract with Litex will not be directly or indirectly available to the Sanctioned Entity or will not be used for the purpose of obtaining an advantage for the Sanctioned Entity to the extent that such action is prohibited under the Sanctions Regulations;
4. The Ordering Party shall promptly inform Litex of changes in the coverage of the Ordering Party or the Ordering Party’s actual beneficiary by the measures referred to above.
5. Violation of the sanctions regulations will result in the Ordering Party’s liability to Litex for any damages, and, moreover, may result in the suspension of performance and, further, if the restriction lasts for more than a month, the cancellation of the order performance (regardless of its stage of performance) and without any liability of Litex.
6. Litex may withhold from the amounts already paid by the Ordering Party an amount equivalent to the costs it incurred in connection with an order that was not completed as a result of the restrictions, including the cost of storage of the finished goods.
7. Non-performance or improper performance of Litex obligations, including non-performance of a service or failure to deliver an order on time, shall not be considered a breach of the cooperation of the Parties if it is caused by prohibitions or restrictions imposed under sanctions regulations of an international or national nature.

Appendix

1. Representation on Withdrawal from a Distance Agreement.