Lioforte Spółka z o.o.

Wirkowice Pierwsze

KRS: 0000972121

(later Lioforte)

I. General provisions:

1. The following General Terms and Conditions (hereinafter GTC) apply to all orders for Lioforte products placed by entrepreneurs (Ordering Party/Customer) and – after accepting the order by Lioforte – constitute a legally binding sales contract between Lioforte and the Ordering Party, unless the Parties have individually agreed other conditions of sale. 
2. Within the meaning of the “GTC”, an entrepreneur is a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity. Entrepreneurs are also partners in a civil partnership in the scope of their business activity.
3. In the absence of individual arrangements, the prices specified by Lioforte in the price list list made available to the Customer shall apply. Lioforte reserves the right to change prices accordingly due to changes in the purchase prices of raw materials or other price components (customers will be informed of such change before the order is accepted), however, this does not affect the prices of orders accepted for execution before the customer is informed of the change.
4. Lioforte has the right to change logistic elements and data at any time, in particular such as packaging, weight, GTIN code, etc.

II. Orders

1. Orders for Lioforte products can be placed:
   1. In person, at the Lioforte headquarters, located in Wirkowice Pierwsze 300, 22-375 Izbica
   2. By sending an order to the e-mail adres: sklep@lioforte.pl or by reaching to one of our sales assistants
   3. By phone at +48 84 534 19 87 or on the contact numbers of the sales department

2. In order to place an order, provide the following data:
   1. Name of the company
   2. Tax identification number TIN
   3. Place of delivery
   4. Contact number
   5. Contact number and e-mail address to the person responsible for collecting the order from the delivery company
   6. An e-mail address intended for receiving a sales documentation , such as invoice and quality approvals
   7. Information about the product being sold: the name of the product in accordance with the name in the pricelist, together with the specification of the ordered quantity (providing pieces of retail packaging or kilograms in the case of selling Lioforte fruit in bulk);
   8. If the customer has requirements regarding the date of delivery , it should be included in the e-form
   9. Additional information, if there are extra requirements such as: the exact hours of delivery etc.

3. In case of acting for a legal person or other organizational unit, person placing the order declares and warrants that he/she is properly authorized and authorized to place the order on behalf of and for the benefit of the entity indicated in the order. In the event of acting without authorization, the person placing the order is personally responsible for the performance of the contract, unless the entity indicated as the contracting authority refuses to perform the contract citing the lack of authorization of the ordering person. 
4. The order is accepted for execution after confirmation of its acceptance by Lioforte by e-mail (documentary form). This also applies to orders placed by phone or other means of distance communication that do not ensure automatic saving of the content of the broadcast messages.
5. Lioforte has the right to refuse (not confirm) the order without giving reasons.  
6. In the absence of confirmation of the order within 2 working days, Lioforte asks for contact to make sure that the sent order has reached Lioforte.
7. In case of a re-order, if the information provided on the occasion of the first order has not changed, it is only necessary to specify the ordered products, in accordance with paragraph 2 lit. g)  
8. Orders can be placed 24 hours a day, 7 days a week. 
9. The quantity and assortment will be agreed each time between the Customer and Lioforte.

III. Payments 

1. The customer makes the payment by traditional transfer to Lioforte’s bank account:

Bank account details for foreign transfer EUR

Bank account details for Polish transfer PLN

2. Unless otherwise agreed with Lioforte, the principle of payment in advance for the purchased goods applies. The shipment of the goods will be made after the full payment has been credited to Lioforte’s bank account. 
3. Payment terms other than advance payment or prepayment are possible after individual arrangement with a Lioforte representative and on individually agreed terms of cooperation
4. In case of payment based on a proforma invoice (prepayment), in order to improve the verification and shipping process, a bank transfer confirmation can be sent in electronic form. 
5. The payment deadline is normally (unless agreed otherwise) 7 days from the date of issuing the invoice or proforma invoice. Failure to pay the pro forma invoice within the prescribed period means canceling the order.
6. If payment terms other than payment in advance are agreed, non-compliance with them by the Customer entitles Lioforte to unilaterally suspend the execution of orders until the outstanding payments are settled and to unilaterally introduce by Lioforte the requirement of advance payment for subsequent orders. 
7. Lioforte has the right to suspend the execution of accepted orders if the Customer is in arrears with any payments to Lioforte – until the payment is made. Lioforte has the same right if the circumstances show that the Customer’s financial situation may make it difficult or impossible to obtain payment for the goods. This does not apply to the situation when the Customer pays for the goods in advance, and in the event of arrears for previous orders, Lioforte has the right to credit the payments made in the first place against the most recently due interest and principal.
8. In the event of a delay in payments, Lioforte is entitled to charge statutory interest for delays in commercial transactions in accordance with the provisions of the Act on counteracting excessive delays in commercial transactions.

IV. Delivery Times.

1. All goods not covered by personal collection or customer transport are sent via a courier company. Most shipments are delivered within the territory of the Republic of Poland on the next business day after the day of posting. Shipments sent on a pallet are usually delivered within 2 working days from the date of posting. In some cases, the delivery time may be extended due to reasons beyond Lioforte’s control (traffic jams, failures, accidents, public holidays, errors on the part of the carrier, lack of presence of the addressee at the delivery address, etc.). 
2. Shipping outside Poland is possible after prior individual arrangement with Lioforte of delivery terms.
3. Unless otherwise agreed, goods will be dispatched within few working days from the date Lioforte receives the full payment for the goods or – in the case of orders with a deferred payment date – from the date of acceptance of the order, subject to section 7 below. Lioforte reserves the right to change the date of shipment in exceptional situations, in which shipment within the standard period will not be possible, of which Lioforte will immediately inform the customer and agree a new, possible delivery date with the customer. 
4. The cost of delivery depends on the quantity of ordered goods and the place of delivery. Unless otherwise agreed, the standard price list of the transport provider applies. Unless otherwise agreed, Lioforte is entitled to choose the entity providing the delivery service.
5. Personal collection is possible for corporate recipients at the Lioforte headquarters: Wirkowice Pierwsze 300, 22-375 Izbica, from 8:00 to 16:00 after prior acceptance of the order by Lioforte and confirmation by Lioforte of the date of collection. You can pick up the goods when you receive confirmation from Lioforte that the order is ready for collection. 
6. The customer is obliged to collect the ordered goods for which Lioforte has reported readiness for delivery. In the absence of timely collection, Lioforte may charge storage fees.
7. If Lioforte has the ordered quantities of the product in stock, the order is processed within a few working days from the confirmation of the order (usually the shipment takes place on the same or the next working day, in the case of transporting pallets, the delivery time also depends on the availability of transport companies whose timeliness Lioforte has no effect). 
8. The customer can arrange transport on their own – in this case, Lioforte should be informed about their own transport when placing the order, as well as provide information when and how the ordered goods will be collected (provide the name of the courier company or the name of a private transport company and the registration number of the car ).
9. In case of non-standard orders that do not apply to Lioforte’s finished products (private label and white label production, individual orders, fruit in bulk in cartons with a weight other than in the price list), the order fulfillment time is determined individually. 

• If the information provided to Lioforte is incomplete or requires clarification, the order processing time may be extended accordingly.
• If the order is placed by a regular customer (a customer who has purchased products from Lioforte at least three times), the orders are processed as soon as possible. 
• Unless otherwise agreed, in case of orders placed by customers from abroad, orders are based on the payment of a pro forma invoice. The execution of the order is undertaken from the moment Lioforte receives the entire amount due under the pro forma invoice on the bank account.
• The following documents are attached to the order:
  1. sales order release document, the printout of which is attached to the shipped product;
  2. invoice – sent electronically to the e-mail address indicated by the Customer
  3. quality approval – sent by e-mail to the e-mail address indicated by the Customer.

V. Complaints

1. The customer is obliged to check the quality and quantity of the goods immediately upon receipt. 
2. Complaints regarding the quantity and type of purchased goods may be submitted within 7 calendar days from the date of receipt of the goods by the buyer via e-mail – contact details are available at lioforte.com and www.lioforte.pl.
3. In case of delivery of goods by courier, the goods should be inspected upon receipt and any visible physical damage should be reported immediately to the carrier by writing down an appropriate report. Lioforte should be informed immediately about the situation. 
4. Complaints regarding the quality of the goods may be submitted only before the expiry date of the minimum durability indicated on the packaging. However, we are not liable for defects and deterioration of quality due to improper handling of the goods and non-compliance with the storage conditions indicated on the packaging of the goods.
5. The basis for a complaint may only be goods that have not been processed by the Customer. 
6. To start the complaint procedure, follow these steps:
   1. complaint about the goods must be reported to Lioforte immediately after detecting the defect via e-mail; 
   2. complaint protocol should be completed with the indication of the invoice number, date of purchase, type of goods under complaint, carton number, lot number, date of minimum durability, description of the complaint and signature of the responsible person, carton number, lot number and a detailed description of the reason for the complaint and proof, e.g. in the form of photos. The report together with the goods under complaint should be delivered to Lioforte’s registered office, unless other conditions for handling complaints have been agreed; 
   3. return the goods under complaint within 14 days from the date of delivery in the case of a complaint regarding the quantity and type of goods or within 7 days from the date of detecting the defective goods, in the original packaging, protected against spilling, damage, humidity absorbing or contamination – unless other service conditions have been agreed complaints. 
7. Lioforte will inform the Customer about the acceptance or rejection of the complaint within 14 days from the receipt of the complaint package. 
8. The goods under complaint are returned to the Customer within 7 days of considering the complaint. If complaint is accepted, the shipping cost is covered by Lioforte. If the complaint is not accepted, the cost of delivery is covered by the Customer. 
9. In the event that the Seller and the Ordering Party agree to replace the defective goods by way of a positively considered complaint, it is recommended that the goods complained about to be sent, if possible, in the original packaging enabling safe transport.
10. In the event of non-compliance with the rules for submitting complaints described in point 2 and 4 above, Lioforte reserves the right to leave the complaint without consideration or refuse to consider the complaint due to the inability to assess its legitimacy.

VI. Final Provisions

1. In matters not covered by the GTC, the provisions of Polish law, in particular the Polish Civil Code, shall apply. 
2. If the buyer is a customer with a place of residence or registered office abroad, in matters not covered by the GTC, the provisions of Polish law shall apply, in particular the Polish Civil Code, excluding the Vienna Convention on the International Sale of Goods (CISG).
3. The parties will try to resolve any disputes arising from the contract amicably, and if this proves impossible, the Polish common court competent for the seat of Lioforte will be the only competent court to resolve the dispute. 
4. Changes to the GTC are possible at any time, however, the GTC in force at the time of placing the order always applies to a given order. If the GTC are changed between placing the order and accepting the order for execution, the GTC from the date of order acceptance shall apply only if the customer has received the new version of the GTC and has accepted them.