TERMS OF COOPERATION
§1 General information
These Terms govern the rules of cooperation between Mart's Martyna Konowrocka (hereinafter referred to as the 'Supplier', abbreviated as 'Mart's'), and the company (hereinafter referred to as the ‘Purchaser’), placing an order for cotton products (hereinafter: the 'Products').
Mart's Martyna Konowrocka Słoneczna 2, 05-170 Marki, NIP 125-133-10-02 is the owner of the Mart's Bags brand.
These Terms of Cooperation apply to all orders and deliveries made by Mart's Martyna Konowrocka. Contentious conditions or conditions of the Purchaser, which deviate from the Terms of Sale, Delivery and Payment shall not be recognized, unless their validity is confirmed and accepted in writing by the Supplier.
All additional arrangements between the Supplier and the Purchaser, introduced in order to facilitate the execution of the concluded contract, require written form.
§ 2 Orders
Mart's only accepts orders in writing or by email.
To prepare the order form, the following is required: full name of the Purchaser with the address of its seat, tax identification number, telephone number, name, surname and e-mail address of the contact person, shipping address.
Placing an order is equal to accepting by the Purchaser all the provisions contained in the Terms of Cooperation.
Before starting the production process Mart's sends to the Purchaser an e-mail with confirmation of the order, together with the visualization of the print on the product. The Purchaser is obliged to check the correctness of data in the order and in the project. Acceptance means approval of the whole design for production, both in terms of graphics and text.
After receiving the order confirmation from Mart’s, it will not be possible to introduce changes in the accepted visualization or prototype anymore.
By submitting the order form, the Purchaser permits Mart's to use prepared advertising materials for promotional purposes, in particular in catalogues, at fairs and in all Social Media channels and on the websites, it involves photos and videos of the products and trademarks, unless the parties agreed otherwise in the concluded agreement.
The Purchaser declares that it has acquired proprietary and related rights to all content (trademarks) in the area and fields of exploitation allowing, in accordance with law, to place it on the goods in manner specified in the order or in the contract, and that it is free from any legal defects and does not violate the rights of third parties and does not constitute an act of unfair competition. The Purchaser bears full liability for damages (in the event of raising any claims against Mart's, the Purchaser ty undertakes to satisfy these claims directly, or reimburse Mart's with equivalent amounts or other benefits that Mart's company had to incur in order to satisfy those claims. The Purchaser is also responsible for the costs of the trial incurred by Mart's. The Purchaser hereby authorizes Mart's to exercise the above-mentioned copyrights and related rights to the full extent to which it is entitled to them, solely for the purposes of the order or of the contract.
§3 Order completion
Usually, orders (for products currently available at Mart's offer) are completed within 15-20 working days from the moment of accepting the order for realization after earlier acceptance of the electronic visualization or the sample. Moreover, the completion date is determined in each case together with the other terms of the contract by the Sales Department. The date of delivery of ordered goods is given as an approximate date and should not be treated as a final date, it may differ from the date specified on the order form by +/- 2 working days.
The provider stipulates that failure to meet the date previously agreed as final does not constitute grounds for complaint - in particular, when the delay was not the fault Mart's Bags.
The Purchaser acknowledges that the Supplier is liable for any damage only to material value. Mart's shall not responsible for not executing the order on time due to objective reasons.
§4 Samples
In order to get acquainted with the offer and quality of Mart's products it is possible to organize a presentation, borrow existing projects or purchase sample designs.
Before placing an order, it is possible to have a prototype of products made. This service is subject to a fee:
Sample product without the print
Cost per 1 piece: 10€/piece
Sample product with the print
1-4 colour print: 30€/piece
5-8 colour print, CMYK: 50€/piece
The completion date is determined individually by the Sales Department.
The cost of shipping the product is covered by the Purchaser.
After confirming the order, it is possible to receive the image of the first piece of the product with the print by e-mail in order to confirm the correspondence of the imprint and the visualization.
If the Purchaser, in the time determined individually with the salesperson fails to send sensible comments concerning the print after receiving the photo by e-mail, no later than 24 hours after receiving a photo, it will be considered that we made a sample, the Purchaser will be charged with the costs of preparing the sample (see section 2b.) and delivery time will change.
In the event that the Purchaser, in the time determined individually with the salesperson, makes changes to the project, the Purchaser will be charged with the costs of preparing the sample (see section 2b.) and with the prepress costs, in the amount of €20 for one colour of the print in one place and delivery time will change.
If the order is cancelled, the Purchaser shall pay for the sample product (see section 2b.) and shall incur the costs of the silkscreen prepress in the amount of €20 for one print colour in one place. The invoice for this service shall be issued if the order is cancelled.
§5 Delivery
The Supplier has the right to deliver up to 5% less quantity of goods than the required quantity specified in the order.
Deliveries are made via UPS courier or with other carrier. Delivery costs are determined individually. The prices do not include insurance, customs duties and possible taxes and other public and legal benefits.
The packing method and the quantity of bulk packaging, its weight and dimensions are determined by the Supplier maximum two days before the planned delivery.
If the courier delivers damaged goods, the Purchaser is obliged to draw a damage report in the presence of the courier and to keep the consignment note, and, if possible, take photo documentation of the damaged parcel. In the case of delivery of a damaged package, the Supplier should be informed immediately.
§ 6 Payment
The condition for accepting the order for execution, unless otherwise stated, is the prepayment by the Purchaser on the basis of a pro-forma invoice in the amount of 100% of the gross value from the moment of receipt of the order confirmation. By payment is meant recognition on Mart's account.
Deferral of payment is possible after individual agreement with the Sales Department. For orders over 5000€, additional collateral in the form of an advance payment is required. Failure to settle obligations on time results in a change in the form of payment for prepayment and may result in the suspension of sending another order until the arrears are settled.
§7 Complaints
Complaints can only be made on damaged goods, delivered in a packaging that does not show signs of damage, or goods incompliant with the order placed by the Purchaser.
In the event that the delivered goods do not comply with the confirmed order, Mart's is only required to provide for any shortages or replace defective goods.
The complaint should be submitted in writing or electronically at the latest 7 days after delivery of the parcel.
The Purchaser is obliged to check the goods, in particular for their compliance with the confirmed order and visualization. If the Purchaser finds defects in the goods or quantity differences, it is obliged to inform the Supplier within the indicated time limit, stating the details of the defects and shortages. In the case of a quality complaint, photographic documentation of goods' defects is required.
If goods' defects are confirmed, the Purchaser is obliged to return the defective goods to Mart's address.
The Supplier reserves the possibility of differences in shades and weights of cotton between individual deliveries. The colour may slightly vary from the one presented on the website www.torby-bawelniane.pl, whereas the Pantone colours are the approximates and serve informational purposes only.
We reserve the right to deviate in the range of +/- 1 cm in dimensions of individual bags in a single delivery.
The location of the print on the product in a single delivery may vary by +/- 1 cm. The printed colours may not reflect 100% of the shade chosen from the Pantone Solid Coated palette. The Pantone Solid Coated scale printing colours are only approximate values, for which the Supplier will try to achieve the closest possible colour approximation.
Cotton fabric is absorbent and the final effect depends on the colour of the substrate and its structure. At Customer's request, it is possible to accept the print. For this purpose, please contact the Sales Department.
Hand washing at 30 degrees Celsius is recommended. The Supplier reserves the possibility of shrinking of the material after washing by up to 8-15%.
During the production and transport of the natural cotton, the fabric may wrinkle. Due to the nature of the fabric, the wrinkles cannot be removed and their presence shall not constitute grounds for complaint.
Complaints are dealt with within 7 working days from the date of receiving the notification. If the complaint is dismissed, the cost of returning the faulty goods shall be borne by the Purchaser. Mart's liability for defects in goods only extends to damages resulting from the Supplier's culpable behaviour. Mart's liability does not extend to the so-called consequential damages and lost profits. Moreover, Mart's liability is always limited to the net price of advertised goods paid by the Purchaser. All further claims for damages of the Purchaser are excluded. Any claims of the Purchaser to Mart's under statutory warranty are excluded.
After reselling or resigning the goods to the next recipient, the liability for any quality and quantity defects is transferred to the Purchaser. The Purchaser is obliged to check the goods before passing them to a third party. The same applies to goods delivered for marking by third parties.
The Supplier answers for the execution of the order only to the Purchaser. Complaints submitted by third parties shall not be considered.
§8 Return of products and withdrawal from the contract
All goods offered by Mart's are non-fabricated, manufactured at the request of the Purchaser after placing an order and accepting the visualization (individual print, fabric colour, size), therefore the Purchaser is not entitled to returns and withdrawal from the contract.
§9 Final provisions
All arrangements not covered by these Terms of Cooperation are subject to the provisions of the Civil Code.
Disputes arising as a result of the execution of the above Terms of Cooperation shall be settled by means of amicable consultations. In the event of disagreement, disputes shall be settled before the common court appropriate for Mart's registered office.
By placing an order or order for marking goods at Mart's, the Purchaser accepts these Terms of Cooperation.
Mart's Martyna Konowrocka
05-270 Marki, ul. Słoneczna 2
tel. +48 787 340 123
e-mail: info@martsbags.com
www.martsbags.com www.bagontheback.eu