General sales conditions

1. Definitions

1. The following General Terms and Conditions of Sale define conclusion of the sale of goods agreement principles offered by the Seller.
2. The term “Seller” means Vingberg Polska S.A. with its registered office in Warsaw, ul. Pańska 96, lok. 83, entered into the Register of Entrepreneurs of the National Court Register, kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the The “Seller” is Vingberg Polska S.A. with a registered seat at Pańska 96/83 street, 00-837 Warsaw, registered in the National Court Register of entrepreneurs, kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division under the number KRS: 0000639097, with a fully paid share capital of PLN 100 000, VAT: 5272781037, REGON: 365489604.National Court Register under KRS number: 0000639097, with a share capital of PLN 100,000.00, paid in full, with NIP number 5272781037 and REGON number: 365489604.
3. The term “Client” means any legal entity national or international (legal person, an organisational unit, not having legal personality or natural person) purchasing the products offered by the Seller.
4. The term “Consumer” means any natural person purchasing the products from the Seller, not engaged with their commercial or professional activity.
5. The term “Product” means ThermoWood® boards, construction timber, saunas, hot tubs, sauna and hot tub accessories and other products available in the offer of the Seller.
6. Making a purchase or placing an order for the Products implies the complete and unreserved adherence to these Terms. By accepting the order the Client implies the unconditional acceptance of the following terms and conditions of sales, unless the sides have agreed upon different conditions. Any exception from the Terms and Conditions of Sale requires in writing to be valid.
7. All illustrations, drawings, specifications of dimensions and weight, which form the basis of the offer or order confirmation, shall as a rule only be seen as approximate values, insofar as they are not exclusively designated to be binding.

2. Accepting the order, time of order completion

1. The conclusion of the contract becomes effective upon written confirmation of an order. When the Client does not confirm the order within next 7 days, from the date of placing an order, the order is considered invalid.
2. Payments have to be made according to the agreed payment conditions. The condition of the contract execution by the Seller requires deposit payment in the agreed upon the amount in the order.
3. Contracts shall come into effect upon the deposit payment. If the Client won’t make the payment within 7 days, from the date of confirming the order by the Seller, the Seller has a right to withdrawal from the agreement.
4. The delivery time that is given in the order is just an indicative and exceeding it should not result in any claims against the Seller. If the delivery time is delayed by the Seller (over 14 days), the Client has the right to withdrawal from the agreement.
5. The delivery time begins upon the execution of the order in accordance with paragraphs 2. 2.

3. Prices, payments and delivery time

1. The prices are net prices and do not include transport, unloading and assembling.
2. If the Client arranges his own transport, the place of receipt of goods shall be at Seller production plant: ul. Księża 83, 38-422 Krościenko Wyżne, Poland. The Clients is obligated to collect the goods within 14 days from Seller further notice. After that time the Seller has a right to impose costs on a Client for storage.
3. If the Client decides the products to be delivered by the Seller, the costs of transport are imposed on the Client in the amount indicated by the Seller in separate document.
4. If the Client decides the products to be delivered by the Seller, the Client should ensure easy and safe access to the product installation place. The unloading time is about 1 hour. If the Client fails to organise the unloading or is not present, as agreed with the Seller, the Seller has the right to send back the products at the expense of the Client.
5. To ensure release of a product, the full amount needs to be paid, with other cost that have been enclosed in the offer.

4. Installation and assembling of the Product

1. Installation and assembling should be on the Seller.
2. Sauna and hot tub should be installed in accordance to the Seller recommendations, enclosed in the manual instruction. The Seller does not accept liability for damages resulting in improper and failure installation by the Client.
3. The Seller installs and assembles the products for additional fee on the basis of a separate agreement with the Client.

5. Guarantee and warranty

1. The Seller is obliged to deliver the products without any workmanship or law faults.
2. Claims under warranty will be submitted in writing on Vingberg Polska S.A., ul. Księża 83, 38-422 Krościenko Wyżne or on the email address: biuro@vingberg.pl
3. The claim will be processed without undue delay, not longer than within 14 days from the date of delivering all required documents by the Client.
4. If the Client is also the Consumer, the Seller shall be liable under statutory warranty for physical defects of the products in accordance with Articles 556-576 of the Civil Code.
5. If The Client is not a Consumer, the Seller should not be liable under warranty for physical defects of the product.
6. If the Client is a Consumer, the Seller gives 24-month guaranty for the goods under conditions specified in the warranty card.
7. If the Client is not a Consumer, the Seller gives 6-month guaranty for the product under conditions specified in the warranty card.
8. Under the guaranty, the Seller is obligated to replace claimed products within the time period suitable for the the Seller.
9. The guaranty does not cover when:

• the products not used foreseeably in a manner not in accordance with the posted instructions.
• faults and damages caused by faulty assembly by the Client
• modifications or conversions made by the Client without Seller acceptation
• damages caused by weather or electrical phenomena (such as fire, flood, hurricane, etc.), over which the Seller has no control,
• products featuring non-original components,
• damages caused by mechanical, chemical, thermal and other factors, caused by the Client, external forces or third parties (for example drying or damages of wood caused by the lack of proper wood preservation and lack of frost protection, natural degradation of wood caused by an excessive solar exposure level)
• occurrence of knots, discolorations and cracks that have significant impact on the usability of the product.

10. Detailed properties of the product are enclosed in the manual instruction and guaranty card available on the Seller website: www.vingberg.pl

6. Limitations of liability

The entire responsibility of the Seller due to a failure to perform or inappropriate performance of the contract of sale as well as the tortious liability in accordance to one or more events is restricted 100% of the gross amount of the product of which the sell, delivery or non-performance of the contract results in enhanced risk of detriment.

7. Additional Clients’ responsibilities

The Client shall read the user manual/ installation of the purchased product available on the Seller website: www.vingberg.pl .