GDPR information – processing of personal data in FHU Grażyna Czekaj.
The GDPR – the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 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
The purpose of the GDPR is to harmonize the rules for the processing of personal data in the European Union and to ensure the security of personal data and the protection of privacy.
The GDPR formulates six principles for the processing of personal data that our company follows:
- the principle of legal compliance, reliability and transparency: we process personal data in a manner consistent with legal provisions,
- principle of purpose limitation and data storage: we collect personal data for a specific purpose, we process it only as long as it is necessary to achieve the purpose for which we obtained it (except for the law obliging us to store it longer),
- the principle of data accuracy: we process data that are truthful, current and accurate,
- the principle of data minimization and adequacy: we process only data that is actually needed to achieve a given purpose,
- the principle of data integrity and confidentiality: the data we process is secure thanks to the IT and organizational solutions implemented,
- the principle of accountability: certain decisions relating to the processing of personal data have been analysed from the point of view of compliance with general principles of law.
Personal data processed in our company
We process data that is made available to us personally during meetings with clients (e.g. business cards), when signing contracts, in e-mail messages.
Persons whose data we process have the right to access
- and rectify their data and their transfer, may object to their
- processing (mainly in the sphere of marketing of products and services),
- may request their restriction and removal (in a situation where there are no legally justified grounds to continue processing).
For data protection issues, you can contact us at firstname.lastname@example.org.
Transmission of data
Personal data transferred to FHU Grażyna Czekaj is not shared, sold or lent to third parties.
In accordance with the law, we may transfer data to other institutions so that it is possible to conclude and perform the contract and fulfill statutory obligations.
Personal data administrator:
Firma Handlowo-Usługowa Grażyna Czekaj
ul. Sztabu Powstańczego 21/9 44-100 Gliwice
NIP PL 631-263-13-86
General Terms of Sale
The following General Terms of Sale, hereinafter referred to as GTC drawn up by FHU Grażyna Czekaj, ul. Sztabu Powstańczego 21/9, 44-100 Gliwice, NIP 6312631386, hereinafter referred to as the Seller shall apply to sales transactions only in commercial relations with other entrepreneurs, hereinafter referred to as the Buyers. GTS establish an integral part of all offers and concluded Agreements. They apply to both Parties. Other arrangements between the parties must be agreed and confirmed in writing and shall prevail over the provisions of the GTS.
§ 1 Conclusion of the sales contract
The condition for the conclusion of a sales contract, hereinafter referred to as the Contract, is the submission of an order by the Buyer, containing:
- product name,
- detailed product description,
- the quantity of goods ordered,
- delivery date,
- the applicable payment terms,
- delivery terms,
- place of delivery.
If the order concerns a tender submitted, the number of the tender in question must be entered in the order for it to be completed without error or delay. In the absence of an offer number, the Seller shall not be liable for any price discrepancies on the VAT invoice, lack of availability of goods or differences in the parameters of the goods.
Orders are accepted in writing and via e-mail.
The order is considered accepted when the Buyer sends a written confirmation of acceptance of the order by the Seller via registered letter or e-mail.
The order will be accepted for execution if it is placed in accordance with the requirements specified above.
The contract is concluded when the Buyer receives the confirmation of acceptance of the order for implementation by the Seller in one of the forms referred to above.
The Buyer’s reservations regarding the content of the confirmation of the order’s acceptance must be notified to the Seller within 3 business days via registered mail or e-mail. Lack of any reservations means that the Agreement was concluded in accordance with the order confirmed by the Seller.
Placing an order by the Buyer means acceptance of these GTS without reservation.
The Seller shall not be liable for any errors made by the Buyer in the content of the order placed. The Seller reserves that technical advice on his part is for informational purposes only and does not give rise to civil liability on this account.
§ 2 Form of Sale
Direct sale – at the Seller’s registered office, Idy 2, 44-100 Gliwice.
Mail order – via courier and forwarding companies.
§ 3 Offers
All data contained in brochures, catalogs, leaflets, announcements and other advertising materials are only informative and indicative, they do not constitute an offer within the meaning of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16, item 93 as amended).
§ 4 Payments and prices
The date and form of payment are agreed individually for each Buyer. The payment period starts from the day the VAT invoice is issued.
At the request of the Seller, the Buyer is required to provide a copy of the following documents:
- decision to assign a REGON number,
- decision to assign a NIP number.
The decision to make payments for an order placed by bank transfer to the Seller’s bank account is made by the Seller for each Buyer individually, and in particular it may apply to Buyers who have already ordered goods and settled all payments on time.
If payment is made by transfer to a bank account, the date of payment shall be the date on which the amount due is credited to the Seller’s bank account.
Each time the basis for determining sales prices is the offer submitted by the Seller based on the Buyer’s inquiry.
In the case of quotation in a currency other than PLN, the basis for transaction settlement is the sales rate announced for the given currency by ING Bank Śląski S.A. from the day preceding the date of the VAT invoice. In the case of prepayment settlements, the basis for settling the transaction is the sale rate announced for a given currency by ING Bank Śląski SA on the day preceding the day the pro-forma invoice is issued.
The Seller reserves the right to change prices in cases justified by changes in the market situation, inflation rate, increase in prices of goods, raw materials and materials.
The right reserved above does not apply to prices quoted by the Seller in offers for sale, where their expiry date is valid.
Payments shall be made in a timely manner in accordance with the arrangements and entries specified on the invoice respectively, which at the same time constitute a request for payment in accordance with Article 455 of the Civil Code.
In the absence of timely payment by the Buyer until it is made, the Seller has the right to:
- suspend the order,
- refuse to issue a ready order,
- withhold the Buyer’s entitlement to payment via a transfer to the Seller’s bank account
- revoke previously granted discounts.
Filing a complaint does not entitle the Buyer to withhold payment for the goods, in whole or in part.
§ 5 Delivery terms and conditions
The seller is obliged to deliver the ordered goods meeting the conditions specified in the order confirmation.
All benefits and burdens associated with the ordered goods and the risk of their accidental loss or damage shall pass to the Buyer upon delivery of the ordered goods by the Seller.
The value of the ordered goods does not include delivery costs.
The goods are delivered to the address indicated on the order at the expense of the Buyer, unless the Seller agrees in writing in advance to cover the costs of shipment.
The goods remain the property of the Seller until the Buyer pays the total price for the ordered and released goods.
Delivery dates of the ordered goods will be specified each time in the order confirmation. The Seller reserves the right to change the date of delivery due to circumstances beyond his control, in particular: omissions or delays in the performance of the obligations incumbent on the Buyer, consisting in particular in the failure to deliver to the Seller: information necessary for the execution or execution of the order, change/extension of the date of delivery of materials necessary for the execution of the Buyer’s order, changes in the Buyer’s instructions concerning transport instructions, “additional order” of goods, the need to agree on the details of the order by the Seller with the Buyer.
In the cases described above, the Seller shall not be liable in any way towards the Buyer or his contractors.
The Seller shall immediately inform the Buyer about the change in the delivery date, together with setting a new delivery date.
Partial deliveries are permitted, after prior written consent, by means of electronic correspondence by the Buyer.
If the order submitted by the Buyer specifies the type of goods collection as “personal collection”, the Buyer is obliged to collect the ordered goods within 7 days from the date of confirmation of order acceptance by the Seller. If the Buyer does not undertake to collect the goods in person, the ordered goods will be sent to the Buyer’s address or any other address indicated by him/her in the order together with the added delivery costs
In case the Parties agree in the terms of payment of the order on the form of “prepayment”, the delivery date may be extended by the period of delay in making the payment.
The Buyer shall cover all additional costs or expenses incurred by the Seller in connection with the breach of GTS, i.e., in particular, additional costs of delivery or storage by transport or forwarding companies of uncollected goods.
§ 6 Permits and administrative decisions
The Buyer shall be obliged to obtain at its own expense all legally required permits or other administrative decisions for the delivery, carriage or use of the goods in accordance with their intended purpose.
§ 7 Complaints
The buyer is obliged to check the goods received immediately upon receipt.
In the case of receipt of goods inconsistent with the submitted order, the Buyer is obliged, within 3 working days from the date of receipt of the goods, to notify the Seller in writing by e-mail. The same procedure applies to the Buyer in the event of visible damage and/or a defect that can be recognised without additional testing or measurement. Failure to make a complaint in the manner described above shall be tantamount to accepting the delivery without reservation.
In the case of deliveries made through transport or forwarding companies, the complaint about the goods received must be documented by a damage report drawn up by the Buyer at the time of receipt in the presence of the courier delivering the consignment.
The Seller shall not be liable for delays in the delivery of goods caused by transport or forwarding companies and resulting from reasons beyond the Seller’s control, which are attributable to third parties. The Seller shall also not be liable for Buyer’s losses related to the operation of the business, lost earnings and other possible losses.
Complained goods should be sent back to the Seller within 3 working days from the date of complaint, however, after agreeing with the Seller the form of delivery.
Any costs associated with an unjustified complaint shall be borne by the Buyer.
The complaint will be considered by the Seller within 14 days from the date of receipt of the claimed goods. In case it is necessary to carry out detailed tests, expert opinions or repair the goods, the complaint may be dealt with within a longer period agreed by both Parties.
The response to the complaint shall be provided in writing, by e-mail or fax by an authorized employee of the Seller.
The Seller shall have the right to withhold the execution of claims under the complaint until all outstanding obligations are settled by the Buyer.
§ 8 Warranty
The seller assures that he bases his business on his experience and all technical advice as well as offered goods and services are provided with due diligence.
The Seller shall not be liable for any consequences which may arise from improper or improper use of the goods, as well as for their use in special conditions which were not indicated in the order.
The Seller shall not be liable for natural wear and tear of the goods resulting from their proper use.
In the case of parts constructed or modified according to the Buyer’s instructions, the Seller’s liability is limited to the manufacture of such goods or modifications which meet those instructions and are in accordance with measurements, assembly parameters, excluding liability for materials supplied by the Buyer and their properties. The Seller does not give any guarantee of conformity for the above mentioned goods constructed or modified on request and in accordance with the Buyer’s concept.
Loss of warranty claims and warranty for defects shall result in the following actions by the Buyer:
- inappropriate assembly of goods,
- improper use of goods,
- exceeding the technical parameters specified in the relevant data sheets or offers,
- using the wrong media,
- interference in the construction without written consent of the Seller.
§ 9 Force majeure
When circumstances beyond the control of the Parties occur, such as interruptions in production or delivery of goods caused by strikes, factory and equipment failures, accidents, local or national hazards, trade disputes, floods, fires, storms, earthquakes, etc., delivery may be delayed or stopped accordingly. The Party exposed to the activities referred to above shall immediately inform the other Party in writing by electronic mail.
The Parties undertake to cooperate to minimise the effects of force majeure.
§ 10 Final provisions
The Buyer has the right to withdraw from GTS only if the Seller grossly violates the provisions of GTS.
These GTS constitute an integral part of the Agreements concluded between the Parties.
GTS apply to all orders completed by the Seller starting from 14.08.2017.
The Buyer shall not be entitled to transfer the rights resulting from the GTS and the Contract linking the Parties without written consent of the Seller.
The Parties undertake to give immediate written notice of any change in their registered office or place of residence and address for service. Failure to give notice shall result in the fact that deliveries made to the addresses indicated in the order or in signed Contracts or other commercial agreements are considered effective.
If individual provisions of GTS become invalid for any reason, it does not affect the validity of the remaining provisions of GTS.
The parties will strive to amicably settle any disputes arising from the performance of the Agreements covered by these GTS. In the event of an amicable settlement of the case, the Court of the Seller’s registered office shall be competent to settle the dispute.
In matters not regulated in these GTS, the provisions of the Civil Code shall apply.
Any amendments or additions to the GTS require written form for their validity under pain of nullity.