Termini e condizioni -

ARTICOLO 3. OFFERTE E CONCLUSIONI

ARTICOLO 4. CONSEGNA DEL PRODOTTO

ARTICOLO 5. TERMINI DI CONSEGNA

ARTICOLO 6. RICHIESTE, RECLAMI E GARANZIA

ARTICOLO 7. SOSPENSIONE E SCIOGLIMENTO

ARTICOLO 8. PREZZI, COSTI E PAGAMENTI

ARTICOLO 10. COSTI DI SPEDIZIONE IN CASO DI RECESSO

ARTICOLO 11. RESPONSABILITÀ E DANNI

ARTICOLO 12. OBBLIGHI SPECIALI PER IL RIVENDITORE

ARTICOLO 13. MODIFICA DEI TERMINI

ARTICOLO 14. LEGGE APPLICABILE E GIURISDIZIONE

ARTICOLO 1. DEFINIZIONI

In these General Terms and Conditions, the following terms are defined as follows, whether used in the plural or in the singular, unless the context or the provisions in question indicate otherwise.
1. IVM Firma Handlowa: The seller, located at Aleja T. Kościuszki street 101, 90-441 Łódź, Poland. Registered in the District Court for Łódź-Śródmieście, XX Business Division of the National Court Register under KRS number 0001012820, REGON: 52415237100000, NIP: 7272865829, with a share capital of PLN 5,000.
2. Contact information of the seller: email: [email protected] or telephone: +48888976159.
3. Buyer: any natural or legal person who has entered into or wishes to enter into an agreement with IVM Firma Handlowa.
4. Consumer: a buyer as defined above who is a natural person and not acting professionally or commercially.
5. Parties: IVM Firma Handlowa and the buyer together.
6. Agreement: Any agreement between IVM Firma Handlowa and the buyer in which IVM Firma Handlowa undertakes to sell and deliver products to the buyer.
7. Products: All items that IVM Firma Handlowa is to supply to the Buyer under the Contract, including but not limited to cream chargers, whipped cream dispensers, and relevant accessories.
8. Written: In addition to traditional written communication, communication by email, WhatsApp or any other means of communication that can be considered equivalent due to technical progress and generally accepted practice.

ARTICOLO 2. DISPOSIZIONI FONDAMENTALI

1. These general terms and conditions apply to every offer from IVM Firma Handlowa and every contract concluded between IVM Firma Handlowa and the buyer.
2. The application of purchase or other general terms and conditions of the buyer is expressly rejected.
3. Deviations from these General Terms and Conditions are only permitted expressly and in writing. Insofar as the provisions expressly agreed in writing by the parties deviate from these General Terms and Conditions, the provisions expressly agreed in writing shall apply.
4. The invalidity or ineffectiveness of one or more provisions of these General Contract Conditions or of the contract as a whole does not affect the validity of the remaining provisions. In such a case, the parties are obliged to find a replacement regulation for the affected clause together, whereby the original purpose of the regulation should be taken into account as far as possible.

ARTICOLO 3. OFFERTE E CONCLUSIONI

1. All verbal or written offers from IVM Firma Handlowa are non-binding, even if they contain an acceptance period. IVM Firma Handlowa can withdraw its offer until immediately after acceptance by the buyer.
2. The buyer cannot derive any rights from an offer from IVM Firma Handlowa that contains obvious mistakes or errors.
3. Notwithstanding the provisions of paragraph 1, all contracts are formed by offer and acceptance. If the buyer’s acceptance deviates from IVM Firma Handlowa’s offer, the contract does not come about in accordance with this deviating acceptance, unless IVM Firma Handlowa expressly states otherwise.
4. A composite offer does not oblige IVM Firma Handlowa to execute part of the offer at a corresponding part of the stated price.
5. If the buyer concludes the contract (also) on behalf of another natural or legal person, he declares by concluding the contract that he is entitled to do so. In addition to this (legal) person, the buyer is jointly and severally liable for the fulfillment of the obligations resulting from this contract.

ARTICOLO 4. CONSEGNA DEL PRODOTTO

1. Delivery Place and Method: The delivery of the products will occur at the location and in the manner expressly agreed upon. The delivery address indicated by the buyer will be used for delivery. If no delivery address is provided, the billing address will be considered the delivery address.
2. Partial Deliveries: IVM Firma Handlowa reserves the right to fulfill orders in partial deliveries.
3. Risk Transfer: The risk of loss and damage to the products passes to the buyer at the moment the products are delivered in accordance with the contract.
4. Maximum Delivery Time: The maximum delivery time for products is three weeks from the date of the order. If this delivery time is exceeded, the buyer retains the right to receive the products without prejudicing the terms regarding delay as outlined in article 5.2. However, exceeding the delivery time does not entitle the buyer to refuse acceptance of the products or to withhold payment of the amounts due under the contract.
5. Non-Delivery Due to Buyer’s Circumstance: If delivery cannot be completed due to a circumstance attributable to the buyer, IVM Firma Handlowa has the right to store the products at the buyer’s expense and risk. This is without prejudice to the buyer’s obligation to pay the contractually owed amounts. The buyer will also bear any additional costs incurred due to non-acceptance of the products, such as extra freight or delivery costs.
6. Risk Transfer to Consumer: For consumers, the risk of loss and damage to the products transfers only at the moment the products are received by or on behalf of the consumer.
7. Ownership of Delivered Cylinders: Upon delivery, the ownership of the cylinders passes to the buyer. These cylinders are not returnable, for example, on the grounds that they were only provided on loan. Cylinders may only be returned to IVM Firma Handlowa for refilling purposes.

ARTICOLO 5. TERMINI DI CONSEGNA

1. Tutti i tempi di consegna specificati da IVM Firma Handlowa sono indicativi e non vincolanti. Il rispetto di queste scadenze può dipendere da vari fattori, come l’acquirente o terze parti. Se IVM Firma Handlowa non è in grado di rispettare il termine di consegna per causa di forza maggiore in conformità con l’Articolo 7, gli obblighi saranno sospesi per la durata della forza maggiore.
2. In caso di inadempimento da parte di IVM Firma Handlowa dovuto a circostanze di cui IVM Firma Handlowa è responsabile, IVM Firma Handlowa sarà in difetto solo se l’acquirente ha inviato a IVM Firma Handlowa una notifica scritta di messa in mora, fissando un termine ragionevole per l’adempimento e IVM Firma Handlowa non ha ancora adempiuto dopo la scadenza di tale termine.
3. Nei casi di inadempimento da parte di IVM Firma Handlowa dovuto a circostanze di cui IVM Firma Handlowa è responsabile, l’acquirente ha il diritto di risolvere il contratto per la parte interessata, ma non ha diritto a un risarcimento aggiuntivo.

ARTICOLO 6. RICHIESTE, RECLAMI E GARANZIA

1. Our store cares about the satisfaction of our buyers, including immediate response to all doubts and complaints. If the Buyer wishes to submit a complaint regarding a product or our service, he or she may do so by selecting the “Complaint” option in the inquiry type on our contact form. Your inquiry will be forwarded to our dedicated complaints team. We strive to respond to all complaints within 48 hours and resolve them quickly and effectively. The buyer will be informed about the result of the complaint and possible further actions.
2. The seller is liable to the consumer if the sold item has a defect (warranty).
The right referred to above also applies to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Business.
3. IVM Firma Handlowa guarantees that the products comply with the contract at the time of delivery. Any further warranty is excluded, unless statutory rights and claims of the consumer are affected.
4. The buyer must check at the time of delivery that the products comply with the contract. In the event of a mismatch, IVM Firma Handlowa must be notified immediately.
5. IVM Firma Handlowa is not obliged to respond to complaints from the buyer if they are not made in a timely manner or in accordance with the provisions of the previous paragraph.
6. The statutory complaint period for consumers remains unaffected by the provisions of paragraphs 2 and 3.
7. Even in the event of a timely complaint, the buyer’s obligation to pay remains in force, considering the statutory rights of the consumer.
8. Claims by the buyer based on defects that can be attributed to external causes or other circumstances for which IVM Firma Handlowa is not responsible are excluded.
9. Products can only be returned with the prior written consent of IVM Firma Handlowa.

ARTICOLO 7. SOSPENSIONE E RISOLUZIONE

1. IVM Firma Handlowa has the right to suspend the performance of the contract or to dissolve the contract in whole or in part if the buyer fails to meet his obligations or circumstances become known that give reason to fear that the buyer will not meet his obligations.
2. IVM Firma Handlowa has the right to terminate the contract with immediate effect if the buyer liquidates his business, transfers it to a third party, is in bankruptcy, has applied for a (temporary) suspension of payments, is involved in legal debt restructuring proceedings, his goods have been seized or in cases where the buyer cannot otherwise freely dispose of his property, unless the buyer has already provided sufficient security for the amounts owed by IVM Firma Handlowa.
3. The buyer is obliged to compensate IVM Firma Handlowa for the damage it incurs as a result of the suspension or termination of the contract.
4. If IVM Firma Handlowa dissolves the contract, all claims that IVM Firma Handlowa may still have against the buyer will become due immediately.

ARTICOLO 8. PREZZI, COSTI E PAGAMENTI

1. Metodi di pagamento accettati: IVM Firma Handlowa accetta vari metodi di pagamento per facilitare transazioni senza intoppi per l’acquisto di prodotti. Questi includono PayPal, iMoje, bonifico bancario, pagamento in contrassegno (tramite InPost), Google Pay, Apple Pay, carte di credito (Visa, Maestro, AMEX, ecc.), bonifico bancario diretto e BLIK.
2. Costi di consegna: Il costo della consegna dei nostri prodotti varia a seconda della località in cui i prodotti vengono spediti e del metodo di spedizione selezionato. I costi di consegna saranno chiaramente comunicati all’Acquirente durante il processo di check-out, prima del completamento dell’ordine. Per una panoramica generale, i nostri costi di consegna variano da 4,00 EUR a 7,50 EUR. Per ordini superiori a 40,00 EUR, la spedizione potrebbe essere offerta a una tariffa ridotta o gratuitamente. Per informazioni più dettagliate, consultare la sezione Informazioni sulla consegna sul nostro sito web.
3. Salvo diverso accordo scritto, tutti i prezzi quotati da IVM Firma Handlowa sono esclusivi di IVA, altre tasse governative e costi di spedizione, laddove nel caso di un acquisto da parte di un consumatore il prezzo totale comprensivo di IVA e costi aggiuntivi viene indicato prima della conclusione del contratto.
4. IVM Firma Handlowa ha il diritto di richiedere il pagamento anticipato totale o parziale del prezzo e dei costi concordati, a condizione che, nel caso di un acquisto da parte di un consumatore, IVM Firma Handlowa non obblighi il consumatore a pagare più del 50% del prezzo di acquisto in anticipo. Il pagamento al momento della consegna non è considerato un pagamento anticipato.
5. Finché l’acquirente è in ritardo con il pagamento a IVM Firma Handlowa e il pagamento è già dovuto, IVM Firma Handlowa non è obbligata a (continuare a) adempiere al contratto.
6. I pagamenti devono essere effettuati nel modo specificato da IVM Firma Handlowa, entro il termine specificato o annunciato da IVM Firma Handlowa.
7. IVM Firma Handlowa ha il diritto di fornire all’acquirente la fattura solo via email.
8. Tutti i costi ragionevoli, come costi giudiziari, stragiudiziali ed esecutivi, sostenuti per riscuotere gli importi dovuti dall’acquirente a IVM Firma Handlowa sono a carico dell’acquirente.

ARTICOLO 9. RIMBORSI

1. The right of an entrepreneur making purchases for purposes related to his business, but not of a professional nature for the buyer, to withdraw from the contract within 14 days.
e.g. “The Buyer has the right to withdraw from the concluded contract in writing without giving a reason within fourteen days from the date of conclusion of the contract pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended). In the event of written withdrawal from the contract, the Customer is obliged to return the goods within fourteen days. The right referred to above also applies to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Economic Activity.
2. All Buyers, including consumers and entrepreneurs making purchases for purposes not related to their professional or commercial activities, have the right to withdraw from their contract within 14 days without giving any reason. The withdrawal period will expire 14 days after the day on which the Buyer, or a third party other than the carrier and indicated by the Buyer, acquires physical possession of the goods. To exercise the right of withdrawal, the Buyer must inform us of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).
Contact information:
IVM FIMRA HANDLOWA SP. Z O.O.,
al. Tadeusza Kościuszki 101
90-441, Łódź
Poland
Email: [email protected]
Phone: +48 888 976 159
3. The aforementioned right applies exclusively to those who purchase the product via the IVM Firma Handlowa website.

ARTICOLO 10: Costi di spedizione in caso di recesso

1. In the event of withdrawal from the contract, the Buyer will bear the direct cost of returning the goods unless otherwise specified. If the returned product is diminished in value resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods, the Buyer may be liable for this diminished value.

ARTICOLO 11. RESPONSABILITÀ E DANNI

1. IVM Firma Handlowa assumes no liability for damage caused by inaccuracies or incompleteness of the data provided by the buyer, for other breaches of legal or contractual obligations by the buyer or for other circumstances for which IVM Firma Handlowa cannot be held responsible.
2. The buyer, with the exception of IVM Firma Handlowa, is responsible and liable for the way in which the products are used by the buyer himself or by a third party whom he allows to use the products. The products must be used in accordance with the enclosed instructions. If the delivered laughing gas is used for human consumption, IVM Firma Handlowa is in no case liable for any (personal) damage that may result. The nitrous oxide user must ensure that it is safe for him to use it. It is recommended to obtain information about the consumption of nitrous oxide, e.g. from the Trimbos Institute. The buyer releases IVM Firma Handlowa from all claims and claims of third parties that arise in connection with the irresponsible consumption of the nitrous oxide supplied by IVM Firma Handlowa and the resulting (personal) injuries.
3. Except in the case of willful misconduct or gross negligence on the part of IVM Firma Handlowa and with the exception of the provisions in Article 6.1, IVM Firma Handlowa is not liable for defects in the products or for the use of the products by the buyer or third parties.
4. IVM Firma Handlowa is not liable for indirect damage, including personal injury, losses incurred, lost profits and damage due to business interruptions.
5. Insofar as IVM Firma Handlowa is liable for damage despite the provisions in these General Terms and Conditions, IVM Firma Handlowa always has the right to remedy this damage. The buyer must give IVM Firma Handlowa the opportunity to do this, otherwise IVM Firma Handlowa will not be liable in this regard.
6. IVM Firma Handlowa’s liability is limited to a maximum of the invoice value of the contract, at least to that part of the contract to which IVM Firma Handlowa’s liability relates.
7. The limitation period for all legal claims and objections against IVM Firma Handlowa is one year. Contrary to the previous sentence, claims and defenses to which the consumer is entitled based on facts justifying the allegation that a consumer purchase is not in accordance with the contract shall lapse after two years.
8. 8. The buyer and in particular the reseller of the products indemnifies IVM Firma Handlowa from all third-party claims that suffer damage in connection with the execution of the contract and the cause of which can be attributed to others than IVM Firma Handlowa. Should IVM Firma Handlowa be sued by third parties for this reason, the buyer must support IVM Firma Handlowa in and out of court and immediately do everything that can reasonably be expected of him in this context. If the buyer does not take appropriate measures, IVM Firma Handlowa is entitled to do this itself if the buyer is in default. All costs and damage incurred by IVM Firma Handlowa and third parties as a result are fully borne and at the risk of the buyer.
9. In the case of a consumer purchase, the restrictions in this article do not go beyond what is permitted under article 7:24 paragraph 2 of the Polish Civil Code.

ARTICOLO 12. OBBLIGHI SPECIALI PER IL RIVENDITORE

1. Reseller Responsibilities: The buyer, when acting as a reseller of the products, must fulfill all legal obligations towards end customers. This includes ensuring that products are not misused or supplied to anyone under the age of 18 years or to those intending to misuse the products.
2. Confirmation of Legal Age and Authority: The reseller confirms they are over the age of 18 years and are authorized to act on behalf of the stated company or trade.
3. Resale Conditions: Reselling to customers is done at the reseller’s own expense and risk. Resellers must provide clear signage, labelling, and information with the goods, indicating legitimate uses and explicitly discouraging misuse.
4. Due Diligence in Reselling: As retail resellers, especially for nitrous oxide, there is an obligation to perform due diligence, ensuring all precautions are taken for public and end-user safety. This includes age verification and diligent assessment to prevent misuse of the products.
5. Compliance with Regulations: Resellers must regularly ensure compliance with local regulations, and seek legal advice as necessary.
6. Monitoring and Precautionary Measures: Resellers are responsible for monitoring their customers to ensure they are over 18 years old and intend to use N2O for legitimate purposes. There is an acknowledgment of potential criminal offense risks if products are recklessly provided to minors or misusers.
7. Legal Use Acknowledgment: The reseller agrees to use and distribute the products strictly for lawful purposes, adhering to the Psychoactive Substances Act 2016 and all applicable laws and government guidance.
8. Consequences of Misuse: If the reseller is found misusing the goods or reselling them for misuse, their business relationship will be terminated, and they may be blacklisted, preventing future contracts with the supplier. Information may also be shared with law enforcement if deemed necessary for public protection.
9. Agreement to Terms and Misuse Policy: By providing their details, the reseller agrees to all the above statements and commits to abide by these terms and the misuse policy provided.

ARTICOLO 13. MODIFICA DEI TERMINI

1. IVM Firma Handlowa has the right to change or adapt the General Terms and Conditions in whole or in part at any time.
2. If IVM Firma Handlowa changes its general terms and conditions in whole or in part, the changed conditions are deemed to have been accepted if the customer has not objected to the changed conditions within 14 days after the changed conditions have been sent to him or have become known to him.
3. If the customer demonstrates within the period specified in paragraph 2 of this article that he does not agree with the changes, IVM Firma Handlowa has the right to terminate the contract immediately.

ARTICOLO 14. LEGGE APPLICABILE E GIURISDIZIONE

1. Polish law applies exclusively to the contract concluded by IVM Firma Handlowa with the buyer and to all disputes arising from this contract or these general terms and conditions and everything connected with them.
2. Disputes about this contract, these general conditions or about any matter arising out of this contract or these general conditions will exclusively be submitted to the competent court in Poland. In the case of a consumer purchase, however, the consumer can also appeal to the court at his place of residence, provided that this is permitted by mandatory legal provisions.