Orders

conditions

1. ORDERS AND ENQUIREIS shall be placed in writing (by e-mail) directly in the Sales Department of the Gospodarstwo Ogrodnicze Aleksandra Kusibab-Wyka (Kusibab-Wyka Nursery), verbally in the registered office of the Nursery or by completing and sending back the Purchase Order form accessible on our website.

2. We only sell in the following wholesale quantities:
• plants in plug-pots – minimum one plug-pot (50 plants) of one variety
• plants in pots – minimum 30 plants of one variety
3. Batch labelling:
• all plants grown in pots contain identification markers with no plant images, enabling the Purchaser their proper identification
• plants can be labelled in a different way, by bar codes or may contain plant images, pursuant to separate arrangements and decisions.
4. PAYMENTS – payment conditions shall be settled each time separately and confirmed in writing on the Order Confirmation form.

5. DISCOUNTS (price reductions) and conditions of granting them are specified in the Price List available on request.

6. PRICE ADJUSTMENTS – we hereby reserve the right to make adjustments to pricing at any time during the season for reasons including, but not limited to, changing market conditions. Price adjustments do not concern the orders placed prior to introducing the above adjustments excluding price reductions.
7. The above Terms and Conditions for Trade Cooperation contain abridged and most important information presented below in the General Terms and Conditions for Sale of Products (GTCS).

GENERAL TERMS AND CONDITIONS FOR SALE OF PRODUCTS (GTCS)

in the Aleksandra Kusibab – Wyka Gospodarstwo Ogrodnicze
(Aleksandra Kusibab – Wyka Nursery)
in effect from 08 day of September, 2016,
and constituting an integral part of each Sales Agreement concluded between Aleksandra Kusibab – Wyka, carrying out a business activity known as the Aleksandra Kusibab – Wyka Nursery.

§ 1. Definitions and Interpretation
In these General Terms and Conditions for Sale of Products and in relation to each agreement concluded between Aleksandra Kusibab – Wyka, carrying out a business activity known as the Aleksandra Kusibab – Wyka Nursey, and the Purchaser, the following words and expressions shall have the following meanings:
1. General Terms and Conditions for Sale of Products (hereinafter referred to as GTCS): this document whose content is accessible at www.kusibab-wyka.pl/wspolpraca.

2. Company: Gospodarstwo Ogrodnicze Aleksandra Kusibab-Wyka run by Aleksandra Kusibab-Wyka, hereinafter referred to as GOAKW or Gospodarstwo Kusibab-Wyka or the Seller, taxpayer identification (NIP) number: 678 285 64 15, its website: www.kusibab-wyka.pl.
3. Company’s Registered Office – 88A Prandocin Iły, 32-090 Słomniki, Poland.

4. Parties: appointed jointly – the Purchaser or the Company.

5. Party: appointed individually – the Purchaser or the Company.

6. Purchaser: a Party who has entered into the Sales Agreement with the Company, which may mostly be the following:
a) a Consumer
b) any legal person not carrying out a business activity or an organizational unit which is not a legal person as stipulated by the Polish Civil Code provisions
c) an entrepreneur
d) a foreign person, or
e) a foreign entrepreneur.
7. Consumer – any natural person who has entered into a legal agreement with the Company, not connected directly to their business or occupational activity.

8. Entrepreneur – any Customer who is not a Consumer.

9. Foreign Person – any natural person who does not have Polish citizenship, and any legal person with their registered office abroad and an organizational unit which is not a legal person but which has a legal capacity and its registered office abroad.

10. Foreign Entrepreneur – a foreign person carrying out their business activity abroad and a Polish citizen carrying out their business activity abroad.

11. Product/s – plants offered for sale by the Company.

12. Bill of Sale – an invoice, receipt or another proof confirming the sale of Product/s.

13. Appendix to the GTCS – the appendix to these GTCS intended for the Purchaser who is a Consumer.

14. Order Confirmation – a document containing information and enabling familiarization with its content, issued by the Company and mandatorily containing the following:
• Purchaser’s and Company’s data
• specification of the Product/s ordered
• nett sale price
• information that the following are added to the Purchase Price: required taxes, including the VAT tax in currently binding rates, price of packaging – in the cases mentioned in § 8, Point 2 of these GTCS and the delivery costs if not stipulated otherwise by these GTCS
• agreed mode of payment, and
• agreed manner and venue of receipt/delivery of the Product/s.

15. Release of Product/s – the moment in which the Product/s is/are released to the Purchaser or the person authorized by them or the forwarding company.

16. Product/s Packaging – the packaging of the Product/s, i.e.: pallet boxes, pallets, boxes, plant storage trolleys for transporting plants or cardboard boxes. For the purpose of these GTCS a pot is not a packaging.

§ 2. General Provisions
1. These GTCS determine general conditions for sale concluded between the Parties and constitute an integral part of all agreements made between them, i.e.: Aleksandra Kusibab-Wyka, residing at 88A Prandocin Iły, 32-090 Słomniki, Poland, a taxpayer identification (NIP) number: 678 285 64 15, (the Seller) and the Purchaser.

2. Gospodarstwo Ogrodnicze Kusibab-Wyka (Kusibab-Wyka Nursery) carries out an agricultural activity pursuant to good agricultural practices (GAP) and uses a system of good agricultural practices targeted at protecting the Consumer and the environment.

3. Aleksandra Kusibab-Wyka, running the Company, is not an entrepreneur and does not carry out a business activity as stipulated by the Act of 8 March, 2018 on the Law of Entrepreneurs (i.e. Law Gazette (Dz.U.) of 2021, Item 162 with later amendments.

4. The Product/s offered by the Company are the subject matter of sale.

5. The Company is a holder of all the entitlements and rights required by the regulations of law in relation to the Product/s cultivated and sold, including those acquired pursuant to licence and sublicence agreements or other agreements of similar nature.
6. The Company does not run an online shop and does not sell its Product/s on the Internet; moreover, it does not render any advisory, forwarding or design services.
§ 3. Placing Purchase Orders
1. A Sales Agreement shall be made pursuant to a Purchase Order placed by the Purchaser.

2. The Purchase Order mentioned in § 3, Point 1 shall constitute an offer of concluding an agreement as understood by the provisions of the Polish Civil Code, submitted to the Company by the Purchaser.

3. The Purchase Order may be placed in any manner which makes it possible to unquestionably establish the Purchaser or the person acting under their authority or on their behalf, and especially:
a) in writing by sending a letter with a Purchase Order to the address of the Company’s Registered Office or its Branch
b) electronically by emailing the Purchase Order to the following email address: info@kusibab-wyka.pl or by sending back a completed Purchase Order form accessible on the Company’s website
c) by phone calling at: (+48) 123 857 944 or (+48) 794 070 703, or
d) verbally at the Company’s registered office.

4. The Purchase Order shall mandatorily contain the following:
a) Purchaser’s Personal Data, i.e. in relation to:
• natural persons not carrying out a business activity: their name, surname, place of residence, personal identity (PESEL) number or another identification number, email address and telephone number
• natural persons carrying out a business activity: their name, surname, place of residence, company name and the address of their registered office, taxpayer identification (NIP) number or another identification number for taxing purposes if the person possesses it, email address, telephone number and details of the persons authorised to contact the Company
• subjects other than natural persons: subject’s name, address of registered office, taxpayer identification (NIP) number or another identification number for taxing purposes if the subject possesses it; if the organization is subject to be entered into the register, the register name and the entry number, personal details of the person acting on its behalf or authorised by it, including their email address and telephone number
b) quantity of ordered Products, their species name and type
c) initially agreed mode of payment
d) initially agreed manner of receipt/delivery of Product/s
e) initially agreed place of delivery of Product/s if the Purchaser requested another manner of receiving the Product/s than personally
f) statement about having read, understood and accepted the entire content of the GTCS, and should the Purchaser be a Consumer – the Appendix to these GTCS.
5. The elements of the Purchase Order mentioned in Points 4c to 4e should finally be confirmed two (2) days before a scheduled delivery of the Product/s or its/their receipt.
6. A declaration of intent mentioned in §4f shall be understood as each conduct of the Purchaser which shall disclose their intent in a satisfactory way, including a disclosure of that intent in an electronic way.
7. From the moment of placing a Purchase Order the Purchaser shall be legally bound with these GTCS and should the Purchaser be a Consumer – they shall also be bound with the Appendix to these GTCS.
8. Should any doubts arise, it shall be assumed that placing a Purchase Order is tantamount to making a declaration by the Purchaser that they have read, understood and accepted the entire content of these GTCS and should the Purchaser be a Consumer – also the Appendix to these GTCS.
9. The Purchase Order placed by the Purchaser shall not be binding for the Company unless accepted by the Company.
10. Having verified the Purchase Order placed pursuant to §3, Point 4, the Company shall confirm it:
• in writing by sending a letter to the address indicated by the Purchaser or handing it over directly into the hands of the Purchaser, or
• electronically by emailing the Order Confirmation to the email address indicated by the Purchaser.
11. The Order Confirmation should contain the elements mentioned in §1, Point 14 of these GTCS. Failing to deliver the Order Confirmation to the Purchaser in the manner mentioned in §3, Point 6 shall not be understood as its tacit acceptance. Should the Purchaser be a Consumer, the Appendix to these GTCS should also be attached to the Order Confirmation.
12. Both the Purchaser and the Company shall be legally bound by the Order Confirmation from the moment of its delivery to the Purchaser (the moment of concluding the Sales Agreement).
13. When the Purchaser places an order verbally in the registered office of the Company or in its Branch, or by phone, or if they have decided on a personal receipt of the Product/s, then their Order may be confirmed by signing by hand by the Purchaser or the person acting on their behalf a copy of the Purchase Order intended for the Company.
14. The Purchaser, upon an explicit consent of the Company, may cancel a confirmed Purchase Order at any time in whole or in part, however not later than thirty (30) days before the day of receiving the Product/s or relieving it/them to the forwarding company.
15. Each and every Sales Agreement made between the Company and the Purchaser, regardless of the stipulations of §3, Points 6-8, shall be confirmed by the issuance of the Bill of Sale as a document or in its paper or electronic form.
16. The Bill of Sale shall be handed over to the Purchaser or the person authorised by them or acting on their behalf at the moment of relieving the Product/s to them at the latest. Upon the Purchaser’s consent, the Bill of Sale may also be delivered to the Purchaser by means of a postal operator to the address indicated in the Purchase Order or electronically to the email address indicated in the Order.
17. The Sales Agreement between the Company and the Purchaser shall not be binding if the Company is not able to verify the accuracy and authenticity of the Purchase Order placed by the Purchaser and their details mentioned in §3, Point 4a.
18. The Purchaser shall be liable for the errors committed at placing the Purchase Order and concerning most of all the information mentioned in §3, Point 4. Should the Purchaser provide erroneous or incomplete data, the Company may issue a corrected invoice.
§ 4. Product Size and Differences in Size
1. Due to a specific character of the Product/s sold by the Company, the size of the Products on offer is only of informative character, and the plants of the same species possess features characteristic of a given species and their individual characteristics.
2. The Parties allow for some differences in the size of the Product/s delivered to the Purchaser with the Purchase Order made within the range mentioned in §4, Point 1. The following differences shall be allowed:
• +/- 15% differences in the size agreed upon while placing the Purchase Order, and
• differences resulting from natural incidence of such differences within the same species.
§ 5. Pricing Information, Price Lists and Discounts
1. Any announcements, price lists, advertisements, photographs or information concerning the Product/s and Purchase Prices included in the trade offer of the Seller are solely of informative character and shall not constitute an offer as defined by the provisions of the Polish Civil Code.

2. All prices included in the announcements, price lists, advertisements and pricing information of the Seller are given in Polish zloty (PLN). The Purchase Prices of Products offered by the Company shall be given as nett prices with the annotation that the appropriate VAT tax in currently binding rates shall be added to them. The Purchase Prices for foreign customers or foreign entrepreneurs shall be given in Euros (EUR) as nett prices with an annotation that the appropriate VAT tax in currently binding rates shall be added to them.

3. The Company may give discounts (price reductions) for its Product/s in the amount specified in the Price List sent to the Purchaser on their request.

4. If the eligibility for several different discounts coincides, all applicable discount rates offered shall be added up.

5. The discounts mentioned in §5, Point 3 shall not be given for such Product/s as protected and licensed plants.

6. The Company hereby reserves the right – at its sole discretion – to make adjustments to pricing and giving discounts at any time during the season for reasons including, but not limited to, changing market conditions.

§ 6. Purchase Prices and Conditions of Payment
1. All payments resulting from the purchase of the Products shall be settled in each case separately and each time confirmed in the Order Confirmation. The following shall be added to the nett price: appropriate taxes, including the VAT tax in currently binding rates, price of packaging – in the cases mentioned in §8, Point 2 of these GTCS and the delivery costs if stipulated so in the GTCS (gross price).

2. All payments to the Company shall be made in the Polish currency in a cashless manner unless stipulated otherwise by the Parties.

3. The Purchaser shall be obliged to pay the Purchase Price for the Product at the moment of releasing the Product/s by the Company. The payment date for the Product/s shall be indicated in the Bill of Sale after separate settlements with the Purchaser. Should the Purchaser choose paying in cash for the Product/s, then they shall be obliged to pay for the Product/s at the moment of receiving the Product/s in the cashier’s office of the Company or its Branch.

4. The Purchaser shall remain in arrears with their payments if they do not pay the whole Purchase Price for the Product by the date mentioned in the Bill of Sale. Should the Purchaser remain in arrears with their payments, the Company shall be entitled to take legal action and demand statutory interests for the period of time of their remaining in arrears.

5. Should the Purchaser’s financial situation deteriorate or should they remain in arrears with their previously promptly processed orders by the Company, the Company shall have the right to:
a) withhold the delivery or release of the Product/s until the payment remaining in arrears is paid in whole
b) demand a proper collateral for the payment of the Purchase Price.

§ 7. Product Release and Delivery
1. At the moment of releasing the Product/s, the Purchaser shall bear the following: they shall acquire the material possession of the Product/s and all benefits and burdens connected to it/them, as well as a risk of accidental damage to or loss of the Product/s.

2. The Purchaser may:
a) collect the Product/s purchased in the Company Branch personally or authorise another person to do so
b) request that the Product/s is/are delivered to the venue requested by them.

3. The costs of delivery in the case mentioned in §7, Point 2b shall be added to the price of the Product/s and borne by the Purchaser.

4. The Company cooperates with a professional forwarding company which provides shipping of Product/s in the conditions required by them. For the partial damage, loss or complete damage to the Product/s sustained during shipping the Company shall not be liable and the Purchaser shall be entitled to request a repair of the loss suffered directly from the forwarding company.

§ 8. Product Packaging
1. Prior to releasing the Product/s to the Purchaser or a person authorised by them or a forwarding company, the Company shall be obliged to pack its Product/s in appropriate packaging suitable for the requirements of the Product/s. Appropriate packaging shall be deemed as placing the Product/s in containers suitable for their size and shape and securing them against any damage for the time of delivery.

2. Should the Parties agree that the packaging is not returnable then its price shall be added to the Purchase Price of the Product/s.
§ 9. Limitations of Liability Resulting from Negligence in Performance of Agreement
1. The Company shall be liable for the damage sustained by the Purchaser and resulted from performing the Agreement only to the extent of its liability for its culpable actions.
2. The Company shall not be liable for their partial or total failure to accomplish the Agreement due to the incidence of force majeure. Force majeure shall mean any incidence of exceptional character caused by an unfortunate twist of fate, such as: disasters, acts of legislative and executive branches or disturbances to communal life which occurred after the agreement had been concluded and remained totally beyond the control of the Parties.
3. Should a damage occur, the Purchaser shall be obliged to immediately, but not later than within two (2) days from the date of incidence of such a damage, report it to the Company and undertake all the rational action to secure the Product/s and prevent its/their further damage.
4. The Company stipulates that all claims resulting from improper performance of the sales agreement may be lodged by the Purchaser within a non-extendible period of six (6) months counted from the day of concluding the Sales Agreement.

§ 10. Limitation of Liability for the Product Defects or Damage
1. The Company is a holder of certificates, licences and sublicences pursuant to which it is entitled to grow and sell the Product/s.

2. Due to the fact that the Products are live plants which require special nurturing after they have been released to the Customer, the Company shall be liable for their healthy state only to the following extent:
a. that the Products sold correspond to the content of the Order Confirmation with the stipulation of §4 of these GTCS, and
b. that the Products sold, at the moment of their sale, were live and healthy plants, free from any diseases and pests.

3. The provisions of §9, Points 1 and 2 shall apply respectively.

4. The Purchaser shall be obliged to examine the Product/s to see if it/they is/are free from any damage mentioned in §9, Point 1 within a non-extendible period of two (2) days from the date of collecting the Product/s ordered with the stipulation of provisions in the Appendix to these GTCS when the Purchaser is a Consumer.

5. Should the damage to the Product/s be discovered, for which the Company is liable pursuant to these GTCS, then the Purchaser shall be obliged to immediately, but not later than within three (3) working days counted from the day of discovering the damage, counted inclusive of §10, Point 4, report the above to the Company and undertake all the rational action to secure the Product/s and prevent further development of the said damage.

6. Should any discrepancies between the Product and the agreement occur, the Company shall be obliged to exchange the Product for a new one free from any defects within 14 (fourteen) days or return the Purchase Price paid for the Product/s if its/their exchange is not possible.

7. The Company shall be relieved from its liability:
a) for any mechanical damage to the Product/s caused in transport
b) for the damage to or losses of the Product/s caused by erroneous or faulty nurturing of the plants by the Purchaser or the persons for whom they are liable or who acted on their behalf or under their authority during their cultivation, or
c) the damage or damages to the Product/s resulting from improper use or utilization of the Product/s by the Purchaser or the persons for whom they are liable or who acted on their behalf or under their authority during their cultivation
d) for the damage to or losses of the Product/s arising due to the negligence of the provisions of these GTCS, the Appendix to these GTCS and recommendations of the Company by the Purchaser or the persons for whom they are liable or who acted on their behalf or under their authority
e) for the defects of the Product/s non-existent at the moment of releasing the Product/s to the Purchaser or the person acting on their behalf or under their authority
f) for the actions taken by the Purchaser, the persons for whom they are liable or the persons who acted on their behalf or under their authority in order to remove the damage
g) for any further losses of or damages to the Product/s resulted from the negligence of undertaking any rational action to secure the Product/s and preventing any further increase of the losses or damages by the Purchaser or the persons for whom they are liable or the persons who acted on their behalf or under their authority.

8. The Company shall be relieved from its liability for the damage to the Product/s if the Purchaser was knowledgeable about the Product’s damage or became knowledgeable about it at the moment of relieving the Product/s at the latest.

9.The liability of the Company arising from complaints in any case shall not exceed the value of the Product complained about. The Company shall not be liable for any remote, indirect, consequential or special losses or damages, such as a loss of revenue or a loss of profit arising from the Product’s defects or damage.

10. The Company reserves the right that all the claims resulting from the defects of the Product/s may be reported to the Company by the Purchaser within a non-extendible period of six (6) months counted from the day of concluding the Sales Agreement.

11. The provisions of Articles 556 to 576 of the Polish Civil Code shall not be applicable to the sales agreements concluded pursuant to the provisions of these GTCS, especially to those concerning the liability for the defects of the Product/s.

§11. Personal Data Protection
1. The Company shall protect Personal Data of its contracting parties, including the Purchasers, pursuant to the provisions of the Act of 10 May 2018 on Personal Data Protection (i.e. Law Gazette (Dz.U.) 2019, Item 1781 with later amendments) and the Resolution of the European Union Parliament and Board No 2016/679 of 27 April 2016 on protection of natural persons in connection with the processing of personal data and undisturbed flow of such data and on repealing the Directive 95/46/UE (general resolution on data protection).

2. The procedures of Personal Data protection applied in the Company are described in detail in the Policy of Data Protection accessible in the registered office of the Company and its Branch.

3. Aleksandra Kusibab-Wyka, carrying out a business activity known as the Gospodarstwo Ogrodnicze Kusibab-Wyka (Kusibab-Wyka Nursery) with its registered office at 88A Prandocin Iły, 32-090 Słomniki, Poland, is the Controller of Personal Data in the Company.

4. In relation to the use of the Controller’s services, the following Personal Data may be processed: name and surname, email address, telephone number, residence/business activity address, name of company, company’s taxpayer identification (NIP) number.

5. Your Personal Data shall be processed to ensure an effective acceptance of the Purchase Order and its proper accomplishment (§6, Point 1c of the GDPR), to issue an invoice, register it in accounting documents and accomplish other accounting requirements and obligations pursuant to the regulations of law (§6, Point 1c of GDPR); to establish, pursue or defend claims connected to the agreement, which is in our legitimate interest (§6, Point 1f of GDPR), to identify a return customer, reconstruct the course of cooperation or exchanged correspondence, prepare documents, etc, which is in our legitimate interest (§6, Point 1f of GDPR).

6. Your Personal Data may be made available to the subjects providing services for the Controller such as accountancy bureaus or IT service providers which participate in the process of personal data processing. All the above mentioned subjects warrant an adequate level of personal data protection.

7. Your Personal Data shall be stored for the time of carrying out our business activity unless you raise your objection to the processing of your data which shall result in deleting them. Your objection shall be effective after the expiry of the limitation period of claims resulting from the agreement concluded.

8. Your Personal Data may be transferred to third countries in relation to storing them on servers outside of the EEA, pursuant to standard clauses of agreements.

9. The Purchaser shall have the right to rectify (correct) their data, have access to their data and receive their copies, delete their data, limit the processing of their data, raise an objection to the processing of their data or transferring them, or lodge a complaint to a supervisory body. All requests shall be directed to the address of the Controller’s registered office or via email to the following address: info@kusibab-wyka.pl
§ 12. Final Provisions
1. These GTCS shall be governed and have been construed in accordance with the Polish law and solely the provisions of the Polish law shall apply in relation to concluding any sales agreements with the Company.

2. Should the Purchaser be a Consumer then the Appendix to these GTCS, constituting their integral part, shall be attached to them.

3. These GTCS, and when the Purchaser is a Consumer also the Appendix to these GTCS constitute an integral part of all sales agreements concluded between the Company and the Purchaser. These GTCS shall be binding for the Parties from the moment of commencing the procedures of placing a Purchase Order.

4. The condition indispensable for an effective conclusion of the Sales Agreement between the Parties shall be the acceptance of the entire content of these GTCS by the Purchaser. Should the Purchaser be a Consumer, the condition indispensable for an effective conclusion of the Sales Agreement between the Parties shall be the acceptance of the entire content of these GTCS and the Appendix to these GTCS.

5. The Parties unanimously agree that all the disputes resulting from or which may arise from or in relation to the sales agreements, inclusive of these GTCS which constitute their integral part, and when the Purchaser is a Consumer also inclusive of the Appendix to these GTCS, shall be governed by the jurisdiction of the Polish courts.

6. The Parties shall oblige to amicably resolve all the disputes which may result from or in relation to the sales agreements, inclusive of these GTCS which constitute their integral part, and when the Purchaser is a Consumer also inclusive of the Appendix to these GTCS. Should the dispute be not resolved amicably, each Party may request its settlement by a court proper for the registered office of the Company.

7. Should any of the provisions of these GTCS or part of the provisions included in these GTCS turn invalid, it shall not mean that the whole content of these GTCS is null and void, and only the invalid provisions shall be replaced by new valid provisions.

8. The Company shall have the right – at its own discretion – to change, amend, add or delete any of the provisions of these GTCS at any time. The GTCS altered shall be valid from the moment of publishing them on the Company website and they shall also apply to the sales agreements concluded:
a) prior to the alterations in these GTCS – from the moment of notifying the Purchaser about such alterations
b) after the alterations made in these GTCS – from the moment of publishing them on the Company website.

9. Except for the cases clearly provided by the Parties, these GTCS exclude the application of other provisions of agreements, other agreements, any rules and regulations or samples of such which remain in contradiction with the provisions of these GTCS. When the provisions of agreements, rules and regulations or samples of agreements binding at the Purchaser are in contradiction with the content of these GTCS, the provisions of these GTCS shall have precedence over the relations between the Parties.

10. If not stipulated otherwise by these GTCS, the Parties may settle a given issue differently then provided in these GTCS; however, with due consideration to other provisions of this document, commonly binding regulations of law, principles of social coexistence and good agricultural practice. The Parties shall be obliged to confirm all the issues regulated differently in a Sales Confirmation.

11. The issues not regulated by these GTCS shall be governed by the provisions of the Polish law, especially by the provisions of the Polish Civil Code.

12. These GTCS have been construed in Polish and English and should any interpretative doubts arise the Polish version of these GTCS shall have precedence.

13. These GTCS shall become effective from 08.09.2016.
§ 13
Placing a Purchase Order shall be tantamount to having read, understood and accepted the entire content of the sales conditions (GTCS) and the Information Clause for the GDPR accessible at: www.kusibab-wyka.pl

APPENDIX TO THE GENERAL TERMS AND CONDITIONS FOR SALE OF PRODUCTS WHICH APPLY TO AND G0VERN ALL SALES OF PRODUCTS BY GOSPODARSTWO OGRODNICZE KUSIBAB-WYKA WITH THE REGISTERED OFFICE IN PRANDOCIN IŁY, POLAND,

effective from 08.09.2016, and constituting an integral part of the General Terms and Conditions
for the Sales Agreement and each Sales Agreement concluded between Aleksandra Kusibab-Wyka, who runs
Gospodarstwo Ogrodnicze Kusibab-Wyka at 88A Prandocin Iły, 32-090 Słomniki, Poland,
and the Purchaser who is a Consumer
§ 1
For the purposes of this document, and also for the purposes of each Sales Agreement concluded between Aleksandra Kusibab-Wyka, who runs the Gospodarstwo Ogrodnicze Kusibab-Wyka at 88A Prandocin Iły, 32-090 Słomniki, Poland, and the Purchaser, the following definitions shall be introduced and they shall mean the following:
a) Company Premises – the building in which the Company carries out its activity, situated on the premises at: 88A Prandocin Iły, 32-090 Słomniki, Poland
b) Distance Agreement – an agreement concluded by the Company with the Consumer within an organised system of concluding distance agreements, without simultaneous physical presence of the Parties, and with the exclusive use of one or more means of distance communication until the moment of concluding the agreement inclusively
c) Agreement Concluded off the Company Premises – an agreement with the Consumer concluded:
 at simultaneous physical presence of the Parties in a venue which is not the Company Premises
 as a result of accepting the offer made by the Consumer in the circumstances mentioned in §1, Point a) above
 on the Company Premises or through means of distance communication directly after individual and personal contact with the Consumer was made in the venue which is not the Company Premises, and at simultaneous physical presence of the Parties
 during a tour organised by the Company whose aim or effect was promotion of Products or conclusion of agreements with Consumers
d) Tour organised by the Company – including, but not limited to trade fairs, exhibitions and business trips.

 

§ 2
The Purchaser who is a Consumer shall not be liable, in respect of the use of a given means of payment, for fees that exceed the cost borne by the Company for the use of such means.

§ 3
1. In regard to the Distance Agreement or the Agreement concluded off the Company Premises, the Company – after the confirmation of the Purchase Order – shall inform the Purchaser who is not a Consumer about their right to withdraw from the Sales Agreement within fourteen (14) calendar days without providing any reasons.
2. The withdrawal period mentioned in §3, Point 1 above, shall expire after the lapse of fourteen (14) calendar days, counting from the day on which the Purchaser who was a Consumer acquired the material possession of the Product or on which a third party, other than the Forwarding Company or the one indicated by the Purchaser, acquired the material possession of the Product.
3. In order to exercise the right of withdrawal, the Purchaser who is a Consumer shall be obliged to notify the Company about their decision about withdrawal from the Distance Sales Agreement or the one concluded off the Company Premises by means of an explicit statement which may be delivered to the Company by means of a postal operator or by electronic mail. All the necessary addresses and telephone numbers are provided in § 1 of the GTCS.
4. In order to withdraw from the Agreement, the Purchaser who is a Consumer may use the withdrawal form attached to this Appendix to the GTCS; however, that procedure shall not be obligatory.
5. The Sales Agreement withdrawal period shall be retained if the Purchaser who is a Consumer sends information concerning the execution of their right to withdraw from the agreement before the lapse of the period of time provided for the agreement withdrawal mentioned in §3, Point 1 above.

§ 4
1. In regard to the withdrawal from the Agreement mentioned in § 3, Point 1, the Purchaser who is a Consumer shall bear solely the direct costs of returning the Products.
2. The Company shall reimburse the Purchaser who is a Consumer all the payments received from them, including the delivery costs, on condition that the Parties agreed that they were borne by the Purchaser, and the costs of the Product Packaging, in the case as stipulated in § 8, Point 2 of the GTCS, immediately and in each case not later than within fourteen (14) calendar days from the day on which the Company was notified about the execution of the right of withdrawing from this Sales Agreement.
3. The Company shall return the payment by means of the same method of payment which was used during the original transaction by the Purchaser who was a Consumer, unless they clearly agreed otherwise.
4. As regards the situation referred to in §4, Point 2 above, the Purchaser shall not bear any payments concerning the above reimbursement unless they explicitly agreed to a different solution.
5. The Company shall have the right to withhold the reimbursement until the time of receiving the Product or until the time of delivering the proof of returning the Product to the Company.

§ 5
1. If the Purchaser who is a Consumer received the Product in connection with the Sales Agreement, in the case of executing by them the right to withdraw from the above agreement, they shall be obliged to return the Product to the address of the Company’s Registered Office or its Branch immediately, but not later than within fourteen (14) calendar days from the day on which they notified the Company about their withdrawal from the Agreement.
2. As regards the situation referred to in §5, Point 1 above, the Purchaser who is a Consumer shall be obliged to bear the direct costs of returning the Product/s.

§ 6
As a result of withdrawal from the Sales Agreement, the Purchaser who is a Consumer shall be liable for the reduction in value of the Product/s returned, resulting from the handling of the Product/s other than what is necessary to establish the nature, characteristics and functioning of the Product/s.

INFORMATION CLAUSE

1. The provision of Personal Data (hereinafter referred to as Data) is voluntary.

2. The Data is controlled by Aleksandra Kusibab-Wyka running the Gospodarstwo Ogrodnicze Kusibab-Wyka (Kusibab-Wyka Nursery) at 88A Prandocin Iły, 32-090 Słomniki, Poland; tel. +48 509 937 481, email address: aleksandra@kusibab-wyka.pl

3. The Kusibab-Wyka Nursery Data Controller did not appoint Personal Data Protection Inspector. A Personal Data Protection Officer is the right person to contact for Data in the Company. All the issues concerning Data should be sent to the following email address: info@kusibab-wyka.pl or to the Gospodarstwo Ogrodnicze Kusibab-Wyka postal address at: Prandocin Iły 88A, 32-090 Słomniki, Poland (with the following annotation on the envelope: Dane osobowe/Personal Data) or reported over the phone, calling at: +48 385 79 44, +48 794 070 703

4. Your Data shall be processed by the Data Controller solely for the purpose of:
a) making the services of the Sales Department at the Data Controller’s Customer Service Department rendered, i.e.: conveying information concerning the articles on offer, accomplishing actions undertaken at your request prior to concluding the contract (e.g. collecting the Data mentioned in the Purchase Order form), concluding and accomplishing the contract (sale of products) for the sake of the business and agricultural activity carried out and recovering the amounts due and keeping it on file
b) making other services of the Sales Department at the Data Controller’s Customer Service Department rendered, i.e.: conveying information over the phone, sending by email or in a traditional letter, dispatched by means of the Polish Post, correspondence concerning the status of purchase orders, the recovery of the amounts due, the handling of Customer’s complaints or the organization of purchase order shipments
c) conveying marketing information over the phone, sending by email or in a traditional letter, dispatched by means of the Polish Post, marketing materials, i.e. catalogues of plant varieties, current price lists, offers with price lists, seasonal holiday greetings and planting recommendations (planting recommendations shall be sent at the express request of the Customer).

5. The recipients of your Data shall be:
a) the organizations authorized to process Data pursuant to the provisions of law governing data processing
b) companies with whom the Data Controller concluded contracts for entrusting them with the Data processing, e.g. within the scope of managing IT systems or accountancy.

6. Your Data shall be processed pursuant solely to your consent.

7. You have the right to withhold your consent at any time. The withholding of your consent can be made by emailing your appropriate statement to the following address: info@kusibab-wyka.pl or by sending it in a traditional letter to the following address: Prandocin Iły 88A, 32-090 Słomniki, Poland. The withholding of consent shall not affect the Data processing according to the regulations of law conducted pursuant to the consent granted prior to its withholding.

8. Your Data shall be processed till the moment of withholding the consent, and after such a withholding for a period of time allowed for laying claims which the Data Controller is entitled to or which are applied to her.

9. You have the right to request the Data Controller to:
a. grant you access to your Data (i.e. you have to right to receive information about your Data processing and receive copies of its processing at any time)
b. rectify and correct your Data
c. delete your Data
d. limit the processing of your Data
e. transfer your Data, i.e. the right to receive from the Data Controller your Data in a commonly used computerized format suitable for machine reading within the scope of Data processed by the Data Controller pursuant to the agreement concluded with you; you may send the above-mentioned Data to other Data Controllers or request the Kusibab-Wyka Nursery Data Controller to send it to another Data Controller; the above-mentioned Data shall be sent by the Kusibab-Wyka Data Controller on condition that it is technically possible.

10. In order to exercise the above-mentioned rights you need to contact the Kusibab-Wyka Nursery Personal Data Protection Officer mentioned in Point 3 above. In order to verify whether you are authorized to exercise the rights mentioned you may be asked by the above Officer to provide additional information. The range of the above-mentioned rights and the situations when they may be exercised result from the legally binding provisions.

11. You have the right to lodge a complaint to the President of the Office for Personal Data Protection [Prezes Urzędu Ochrony Danych Osobowych] (formerly Inspector General for Personal Data Protection [GIODO]) when you think that the processing of your Data infringes the EU Regulation on Data Protection of 27 April 2016. Further information regarding customer complaints is available at: https://giodo.gov.pl/579.

12. The Data Controller shall under no circumstances take decisions based solely on automated processing, including profiling its customers.

13. The Data Controller shall not transfer your Data to any third country or any international organization.
I hereby acknowledge that I have read and understood the content of the Information Clause .

Place Prandocin Iły 88a, date 08.09.2016