§ 1 Scope of application and contractual partners
- These General Terms and Conditions (GTC) apply to all contracts concluded via the online shop https://jupitair.pro between
Nanosci sp. z o.o., ul. Żurawia 43, 00-680 Warsaw, Poland
(hereinafter referred to as the “Seller”)
and the customer. - Customers within the meaning of these GTC are both
a) consumers within the meaning of the applicable national consumer protection regulations of the European Union and
b) entrepreneurs who are acting in the exercise of their commercial or independent professional activity when concluding the contract. - Deviating or supplementary terms and conditions of the customer shall not apply unless the seller expressly agrees to their validity in text form.
§ 2 Conclusion of contract
- The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
- By sending the order, the customer submits a binding offer to conclude a purchase contract.
- The contract is concluded as soon as the seller accepts the offer by sending an order confirmation by e-mail or by delivering the goods.
§ 3 Prices, taxes and payment
- All prices are quoted in euros (EUR) and include the respective statutory value added tax, unless otherwise specified below.
- If a customer states in the order that he is an entrepreneur and provides the seller with a valid VAT identification number (VAT ID number) issued by a member state of the European Union other than Poland, and if the delivery is made outside Poland to another EU member state, the invoice will be issued without showing VAT (0% VAT) as part of a tax-free intra-Community delivery in accordance with the applicable tax regulations.
- The prerequisite for invoicing without VAT is that
a) the specified VAT ID number is valid at the time of invoicing and
b) the customer is acting as an entrepreneur.
If the VAT ID number provided proves to be invalid or if the requirements are not met, the seller shall be entitled to invoice the legally owed VAT retrospectively. - Any additional shipping and forwarding costs incurred will be shown separately in the order process.
- The available payment methods are displayed in the online shop.
- In the event of default in payment, the statutory default provisions of the applicable law shall apply.
§ 4 Delivery and dispatch
- Delivery is made by a forwarding agent on a pallet to the delivery address specified by the customer within the European Union.
- Delivery dates are non-binding unless they have been expressly agreed as binding.
- The customer is obliged to check the goods on delivery for obvious transport damage and to report this immediately to the forwarding agent and the seller.
§ 5 Transfer of risk
- In the case of consumers, the risk of accidental loss or accidental deterioration of the goods shall pass to the consumer or a third party nominated by the consumer when the goods are handed over.
- In the case of entrepreneurs, the risk is already transferred when the goods are handed over to the forwarding agent.
§ 6 Retention of title
The delivered goods remain the property of the seller until all claims arising from the purchase contract have been paid in full.
§ 7 Warranty
- For consumers, the statutory warranty rights apply in accordance with the applicable mandatory consumer protection law.
- In relation to entrepreneurs, the warranty shall be governed by the statutory provisions of Polish law, insofar as permissible.
§ 8 Liability
- The seller shall be liable without limitation in the event of intent or gross negligence as well as in the event of injury to life, limb or health.
- In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract.
- Any further liability is excluded to the extent permitted by law.
§ 9 Right of cancellation for consumers
Consumers have a right of cancellation in accordance with the statutory provisions. Details can be found in the cancellation policy below.
§ 10 Applicable law and place of jurisdiction
- Polish law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory consumer protection provisions of their country of habitual residence.
- If the customer is an entrepreneur, the exclusive place of jurisdiction is the seller’s registered office in Warsaw, Poland.
