Terms and Conditions
GENERAL TERMS OF COOPERATION / TERMS OF SERVICE FOR BLUEBOAT.PL ONLINE STORE FOR ENTREPRENEURS RUNNING ADVERTISING AGENCIES
1. GENERAL PROVISIONS
1.1 The online store available at www.blueboat.pl is operated by BLUEBOAT Jacek Bulik with its registered office in Piaseczno (registered office address and address for deliveries: ul. Pawia 7/135, 05-500 Piaseczno), hereinafter referred to as BLUEBOAT; NIP: PL5751743023, REGON: 140669105, email address: office@blueboat.pl, contact phone number: +48 29 777 00 20.
1.2 BLUEBOAT hereby establishes the General Terms of Cooperation (GTC) specifying the rules and conditions for placing orders by the Contractor / Client / Ordering Party and their fulfillment by BLUEBOAT.
1.3 Only entities that are not consumers within the meaning of art. 221c may be Contractors under these GTC.
1.4 Placing an order by the Contractor is tantamount to acceptance of the provisions arising from the GTC.
1.5 Any changes to the provisions of the GTC require prior approval by BLUEBOAT in written form (via email).
1.6 BLUEBOAT excludes the possibility of making changes to the GTC orally.
1.7 BLUEBOAT is not bound in any way by the general terms of contracts, contract templates, or regulations used by Clients, unless the Contractor expressly requests BLUEBOAT's consent in this matter, and BLUEBOAT, through a clear written statement made by an authorized representative of the company, agrees to their validity.
1.8 The data controller of personal data processed in connection with the implementation of the provisions of this Regulation/GTC is the Service Provider. Personal data is processed for purposes, to the extent and based on the principles indicated in the privacy policy published on the website of the Online Store. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to access their content and the right to update and correct them.
2. PRICES
2.1 Prices are determined based on the type and scope of the order. Prices are EX works (Incoterms 2010) net prices and do not include VAT.
2.2 Prices may change at any time during the year.
2.3 BLUEBOAT has the right to change the agreed prices after the conclusion of the contract, but before the delivery of the goods, in case of an increase in prices due to the seller's own sales costs, such as fluctuations in exchange rates, raw material prices, etc., when these situations occur after the conclusion of the contract but before the delivery of the goods.
2.4 Due to the variability of exchange rates and transportation costs, as well as the availability of components, prices and delivery times specified for products in the "On Order" category may change at any time and require confirmation before placing an order. In the event of placing an order without prior confirmation of the current prices and terms stated on the Blueboat website, BLUEBOAT has the right to change and correct these values after the order has been placed by the Client.
3. ORDERS
3.1 The Client may place an order in writing, through the website www.blueboat.pl, or by sending the order to the email address (sales representative at Blueboat or office@blueboat.pl).
3.2 An order is considered placed after BLUEBOAT confirms its acceptance for processing in written form (via email). BLUEBOAT excludes the possibility of confirming the acceptance of the order for processing orally.
3.3 Placing an Order with BLUEBOAT implies the Client's agreement to these General Terms of its fulfillment and the validity of all provisions of the Agreement, including these General Terms of Cooperation.
3.4 Placing an order through the website requires prior registration by the Contractor.
3.5 During registration through the website, as well as when placing the first order, the Client is obliged to provide the following documents:
- an official certificate from the relevant business register (e.g., in Poland from the National Court Register or from the Central Register and Information on Economic Activity);
- an official certificate of assignment of a tax identification number (NIP) – VAT number or VAT-UE number in the case of entrepreneurs from outside Poland;
BLUEBOAT may refrain from fulfilling the order if the Client does not provide the required documents.
3.6 The Contractor is obliged to inform BLUEBOAT of any changes in the data contained in the documents specified above within 14 days from the date of such change.
3.7 The person placing the order must be authorized to act on behalf of the Client, unless the authorization to represent arises from the registration documents of the Client's company.
3.8 In the case of a Client who has the right to deferred payments, placing an order and concluding an Agreement by an employee or associate of the Client (regardless of the legal form of their employment) or by a person who previously placed Orders on behalf of the Client is considered valid, unless the parties agree otherwise. The Client bears the risk and obligation to promptly inform BLUEBOAT of any significant personnel changes at the Client's and in the scope of authorizations granted.
3.9 BLUEBOAT reserves the right to suspend the fulfillment of orders until the Client settles its due obligations.
3.10 In the event of withdrawal from an already processed Order after the Agreement has been concluded, BLUEBOAT may seek reimbursement from the Client for costs incurred in connection with its fulfillment. In extreme cases, these costs may amount to 100% of the value of the placed order.
3.11 The Client consents to receive commercial information and marketing materials from BLUEBOAT within the scope of BLUEBOAT's activities (marketing of its own services) to the corporate email address provided by the Client during account registration. The Client may withdraw consent at any time by unsubscribing from marketing materials at: office@blueboat.pl.
4. COMPLETION TIME AND DELIVERY
4.1 The order completion time (the time of shipping the goods to the Client) is determined by BLUEBOAT upon order confirmation. The standard order fulfillment time for items available in stock without marking service is up to 24 – 48 hours. The order fulfillment time including BLUEBOAT's marking service is confirmed via email, with the reservation that this time frame is dependent on the Client's acceptance of the marking design and prototype (if applicable).
4.2 The completion times provided by BLUEBOAT are approximate and subject to change.
4.3 Order fulfillment may be extended in case of force majeure, understood as exceptional obstacles (e.g., shortages in electricity supply, customs delays, international transport delays, etc.), which were unforeseeable at the time of placing the order and which BLUEBOAT could not prevent. Any claims by the Ordering Party for damages resulting from such obstacles are excluded in such cases.
4.4 BLUEBOAT undertakes to promptly inform Clients both about the occurrence of events mentioned above and about their cessation.
4.5 BLUEBOAT is not liable for the loss of goods, their damage during transport, or for delays in delivery of the shipment caused by the carrier.
4.6 Order fulfillment starts from the moment of written order confirmation by BLUEBOAT, after all necessary conditions for initiating order fulfillment have been met (in particular, after receiving an advance payment or prepayment made by the Client, if required by the payment terms assigned to the client).
4.7 The prices of goods are based on EXW Kozły. The Ordering Party can collect the goods personally from BLUEBOAT's warehouse at the address Kozły 39, 05-240 Tłuszcz on the agreed day according to the Agreement using their own transport.
4.8 In the case of an Order including delivery to the Client, BLUEBOAT ships the goods via a courier company (or another carrier) with which it cooperates, adding the delivery cost, which is borne by the Client. The delivery cost depends on the order size and delivery time and is determined and confirmed to the Client in the Order Confirmation. Outside the European Union, the Client bears the transportation costs, including customs clearance costs, regardless of the value of the Order.
4.9 In some cases, based on individual agreements, BLUEBOAT may cover the cost of delivery to one address in Poland. Delivery at BLUEBOAT's expense is carried out within standard delivery times.
4.10 Return of ordered or purchased goods is not possible. In exceptional cases, BLUEBOAT may agree to the return of the goods, which will entail the Ordering Party covering handling costs. The amount of handling costs will be confirmed by BLUEBOAT.
5. PAYMENTS
5.1 The primary form of payment is payment by bank transfer before delivery. Other forms and payment terms require individual agreements between BLUEBOAT and the Ordering Party.
5.2 The payment deadline for a bank transfer is considered to be the date of receipt of funds into BLUEBOAT's bank account. The costs associated with making the transfer are borne by the Client.
5.3 BLUEBOAT may require advance payment in a specified amount or expressed as a percentage of the order value for each order.
5.4 In case of payment delays, BLUEBOAT reserves the right to charge statutory interest for each day of delay in payment. The Contractor will also be liable for all collection costs, including costs associated with remuneration to a debt collection agency or law firm.
5.5 If the Ordering Party has outstanding obligations, BLUEBOAT has the right to suspend the execution of the order or refuse to release the goods. The purchased goods remain the property of BLUEBOAT until payment is made by the Ordering Party.
5.6 If the Ordering Party cancels the execution of the placed order (before shipment of the goods), they are obliged to cover all costs incurred by BLUEBOAT in connection with the commencement of the execution of that order.
5.7 The Client agrees to receive invoices electronically to the Client's email address, subject to currently applicable regulations in this regard.
6. PRODUCT SAMPLE
6.1 BLUEBOAT sells Goods (items) as they are in material reality (in particular, all photos and descriptions, etc., placed in the Commercial Offer are for illustrative purposes only).
6.2 To remove doubts about the properties of the Goods, BLUEBOAT may provide the Client with a Product Sample under individually determined conditions, either for a fee or free of charge.
6.3 BLUEBOAT is not liable for minor differences in the parameters of delivered goods compared to the data provided on the website / in the Commercial Offer.
7. MARKING OF GOODS
7.1 Orders for goods marking services are accepted by BLUEBOAT only in written form (via email) or through the online store.
7.2 When placing an order, the Ordering Party is required to provide a working file with vector graphics in a 1:1 ratio in .ai, .eps, .cdr, or .pdf format, specifying colors according to the PANTONE color chart. Text should be converted into curves. Providing a working file in a format not compliant with the above requirements entails additional charges related to graphic adaptation.
7.3 Confirmation of accepting the order for goods marking and commencement of its execution occurs upon receipt of written order confirmation and marking visualization for approval by the Ordering Party.
7.4 The initial completion date for marked goods is determined by BLUEBOAT after the Ordering Party's written acceptance of the marking visualization. If not accepted, the order will not be executed.
7.5 In cases where a prototype is involved in the marking process, BLUEBOAT confirms the completion date upon the Ordering Party's written acceptance of the prototype. Prototype acceptance is based on electronically sent photos. Physical prototype delivery via courier is also possible, with all delivery costs borne by the Client.
7.6 The completion date may change due to force majeure events, independent of BLUEBOAT, such as power supply interruptions, machine breakdowns, etc. BLUEBOAT undertakes to promptly inform the Ordering Party about the occurrence of such obstacles and their resolution. Any claims by the Ordering Party for damages resulting from such obstacles are excluded in such cases.
7.7 Due to processes related to marking and potential hidden defects in the goods, a small quantity of goods may be damaged. Therefore, BLUEBOAT reserves the right to deliver up to 3% less full-value goods than the ordered quantity. The Ordering Party is obliged to consider the possibility of this situation when placing an order for goods marking services. If an exact quantity of ordered goods is required, the Ordering Party agrees to bear additional costs associated with it. BLUEBOAT undertakes to make every effort to minimize losses resulting from goods damage during the marking process.
7.8 Depending on the substrate and marking technique, the Ordering Party acknowledges the possibility of a color difference between the PANTONE scale shade specified in the order and the actual color on the item being the subject of the order execution, within the range of +/- 1 shade. The tolerance of dimensions of the marked element is +/- 3%.
7.9 BLUEBOAT is not liable for the content provided by the Ordering Party for marking. The Ordering Party bears sole responsibility for any infringements of third-party rights.
7.10 In case of the Ordering Party's withdrawal from the placed order for goods marking, the Ordering Party agrees to cover all costs incurred by BLUEBOAT in connection with the commencement of order execution.
8. WARRANTY AND COMPLAINTS
8.1 BLUEBOAT provides a warranty for all products from its offer. The warranty period is 12 months from the date of purchase.
8.2 In case of visible damage to the packaging containing the order, the Customer is obliged to place the appropriate annotation on the waybill in the presence of the carrier or to draw up a damage report signed by the carrier. Failure to create such a report deprives the Customer of the right to lodge a complaint.
8.3 Upon receipt of the order, the Customer is obliged to inspect the condition and compliance of the order. Any discrepancies and defects must be reported within 3 days from the date of order receipt. Failure to report discrepancies and defects shall be deemed as acceptance of the order's compliance with the agreement.
8.4 Discrepancies and defects in the order must be reported before any changes are made to the order. Once processed, the order is not subject to complaint.
8.5 BLUEBOAT's liability for product defects is limited to the value of the defective product, i.e., only up to its price and only in relation to the Customer. BLUEBOAT is not liable for further damages (consequential damages) or lost profits.
8.6 BLUEBOAT is not liable for complaints filed by third parties, including entities to which Customers sold the goods purchased from BLUEBOAT. After resale or transfer of the goods to another recipient, the full responsibility for any qualitative and quantitative defects is assumed by the Customer.
8.7 Information provided in the accompanying descriptions, instructions, etc., does not constitute a warranty given by BLUEBOAT and does not generate warranty obligations on the part of BLUEBOAT.
8.8 Complaints will not be considered if the damages occurred due to improper use or use not in accordance with the intended purpose.
8.9 BLUEBOAT will make every effort to process complaints within 14 days from the date of receiving the complaint notification.
8.10 Any discrepancies in part of the delivered goods do not entitle the Customer to complain about the entire order.
8.11 In the event of a complaint being upheld, BLUEBOAT will repair or replace the defective products with new ones. The method of handling complaints is at the discretion of BLUEBOAT.
8.12 Filing a complaint does not release the Ordering Party from the obligation to pay for the ordered goods to BLUEBOAT.
8.13 Limitations of liability by BLUEBOAT as specified in these General Terms and Conditions, including the exclusion of BLUEBOAT's liability towards third parties, apply unless mandatory provisions of universally applicable law provide otherwise - i.e., to the extent permitted by law in the given situation.
9. COPYRIGHTS
9.1 The Customer declares that they provide BLUEBOAT with materials for which they hold all necessary intellectual property rights to fulfill the Agreement, including in particular copyright or industrial property rights, which are to be used in the performance of the Agreement.
9.2 BLUEBOAT is not liable for claims by third parties related to the infringement of their rights specified above. In such a case, the Customer undertakes to satisfy the claims of third parties addressed to BLUEBOAT.
10. FINAL PROVISIONS
10.1 Matters not regulated by these General Terms and Conditions shall be governed by the provisions of the Civil Code.
10.2 Any disputes arising from the implementation of these General Terms and Conditions will be settled amicably. In the event of failure to reach an agreement, the dispute shall be resolved in court by the competent common court for the registered office of BLUEBOAT.
10.3 By placing an order with BLUEBOAT, the Ordering Party accepts the above terms of cooperation.
10.4 Detailed information regarding changes to the "GENERAL TERMS AND CONDITIONS OF COOPERATION" will be posted each time on the website www.blueboat.pl. If the Ordering Party does not agree to the proposed changes in the regulations, they may submit a written (date of receipt at the BLUEBOAT headquarters determines) or electronic objection to office@blueboat.pl within 14 days from the date of information about the proposed changes posted on the specified website. Failure to submit an objection in the manner indicated above by the Ordering Party will be deemed as acceptance of the proposed changes to the content of the regulations.
Piaseczno, March 11, 2024.
