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General terms and conditions
The following Terms and Conditions (Terms) apply to all purchase orders in our online shop available at https://tubefittings.eu, operated by Ambient Sp. z o.o, based in: Berzyna 83B/1.3, Wolsztyn 64-200, Poland, NIP (tax identification number): PL9231741422, REGON (statistical identification number): 523979157.
1. Scope
Our terms apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with Ambient Sp. z o.o
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English, French, Spanish, Polish
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
We do not deliver to a parcel locker.
5. Payment
The following payment methods are basically available in our online shop.
Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
PayPal
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. Warranty and guarantees
For consumers the following applies: statutory rights shall apply with respect to liability for defects. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. We are under a legal duty to supply products that are in conformity with this contract. Complaints can be submitted by:
- e-mail:info@tubefittings.eu
- post:Ambient Sp. z o.o, based in: Berzyna 83B/1.3, Wolsztyn 64-200, Poland
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. If, because of the kind of the thing or the manner of its assembly, it would be excessively difficult for the buyer to deliver the thing, the buyer shall be obliged to render the thing available for the seller at the place at which the thing is located.
Applicable to businesses: our liability under statutory warranty for defects is excluded due to 558 § 2 of Kodeks Cywilny (Polish Civil Code). Exclusion or limitation of liability under statutory warranty for defects is ineffective if the seller has deceitfully concealed a defect from the buyer.
Applies for both consumers and businesses: for some products additional guarantees may apply; information about any additional guarantees (e.g. producer guarantee) and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.
Customer service: Sie erreichen unseren Kundendienst für Fragen, Reklamationen und Beanstandungen werktags von bis unter der Telefonnummer +49 (0) 3581-3254856 sowie per E-Mail unter info@tubefittings.eu.
10. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Code of conduct
We have submitted to the following code(s) of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)
12. Online dispute resolution
We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Wojewódzki Inspektorat Inspekcji Handlowej w Poznaniu, al. Marcinkowskiego 3, , 60-967 Poznań, Polska, https://poznan.wiih.gov.pl.
Furthermore, the European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
13. Final provisions
For businesses Polish law applies; the provisions of the UN Convention on Contracts of the International Sale of Goods are excluded.
For businesses, public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.