General Provisions

  1. These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) apply to all offers and contracts entered into with ANIS TRADING SERVICES SP. Z O.O. based in Warsaw (hereinafter referred to as the “Seller”) regarding the sale and delivery of goods by the Seller to the party to whom the offer is addressed (hereinafter referred to as the “Buyer”). The GTC form an integral part of all sales agreements concluded by the Seller and define the mutual relationship between the Seller and the Buyer. Any deviation from the application of the GTC requires the Seller’s written consent, under pain of nullity.

  2. By placing an order with the Seller, the Buyer agrees to exclude the application of its own general terms and conditions of trade to the agreement concluded with the Seller.

  3. The Seller undertakes to sell the offered assortment to the Buyer, and the Buyer undertakes to purchase the products based on the commercial offers created by the Seller, in accordance with the provisions of the GTC.

Transaction Terms

  1. The assortment to be sold will be agreed upon each time between the Seller and the Buyer, considering the date, place, and method of delivery of the goods, the quantity and price of the goods, the expiration date (if required), and the costs associated with transportation.

  2. The Buyer may place orders via email or phone; however, the condition for processing phone orders is their email confirmation within 24 hours.

  3. If orders are placed by e-mail, they will be sent to export@anis.trading or to the direct address of the Buyer’s contact person with the domain @anis.trading.

  4. The direct telephone contact numbers and email addresses for the Buyer’s business representative will be forwarded by the Seller to the email address provided by the Buyer or by telephone.

  5. The buyer is obliged to request any additional documents related to the execution of the order (e.g. certificates of origin, health certificates, EUR1) in the e-mail correspondence, at the latest at the stage of agreeing the terms of the transaction, before the goods are dispatched. The absence of such a notification releases the Seller from the obligation to provide these documents. Any subsequent requests will not be considered.

Payments

  1. The price of the goods sold to the buyer is determined individually for each transaction.

  2. The payment term for the goods shall be determined individually and each time for a given transaction on the invoice. The parties consider the payment date to be the day the payment is received in the seller’s account.

  3. The Buyer undertakes to pay the order in full, no later than 7 days from the date of receipt of the proforma invoice.

  4. The Seller may require the Buyer to pay a 30% deposit for the order and reservation of the goods.

  5. The Seller’s bank account number to which the Buyer is obliged to make timely payment is indicated on the proforma invoice or invoice. In the event of a delay in payment, the Seller shall be entitled to interest at the statutory interest rate in commercial transactions for each day of delay up to the date of payment.

  6. By making payment in the form of a deposit, the Buyer accepts the document and confirms that in the event of the Buyer’s failure to fulfil the provisions of the contract, including the pickup of the ordered goods, the Seller is entitled to retain the deposit paid, without refund.

Delivery and dispatch

  1. The goods shall be collected and dispatched from the Seller’s warehouse in Poland.

  2. The Buyer shall bear the costs of transport and the cost of Euro pallets. These costs will be included, as a separate item, on the proforma invoice and the invoice. In the event of personal collection or collection by transport ordered by the Buyer, the transport costs shall not be included in the proforma invoice and invoice.

  3. In the case of an order for collection by the Buyer, the Buyer will send the Seller the details needed to collect the goods – name of the driver, truck and trailer numbers – by e-mail. In addition, in the case of an EX transaction, the Buyer is obliged to send the number of the border that the goods will cross, the cost of road freight to the EU border and the container number.

  4. The Seller bears the costs associated with customs clearance and performs this service independently.

  5. The Seller shall inform the Buyer each time about the method and date of delivery and the costs relating to the delivery of the goods by e-mail or telephone.

  6. The risk of accidental loss or damage to the goods shall be transferred to the Buyer from the moment the goods are handed over to the Buyer or the carrier.

  7. The Seller reserves the ownership of the sold and delivered goods until the payment has been made. The ownership of the goods is transferred to the Buyer subject to payment of the full amount owed (589 of the Civil Code). The Buyer shall be responsible for the quantity and quality of the goods until they have been paid in full. In the event of any damage occurring, the Buyer shall be liable for such damage in accordance with general principles. If the Buyer transfers the possession of the goods to a third party, the Buyer is obliged to inform this party of the Seller’s reservation of ownership.

  8. The Buyer undertakes to collect the goods by the date agreed with the Seller. If the goods are not collected on time, the Seller reserves the right to charge storage fees of EUR 5 per pallet per day of delay. After 30 days, the Seller has the right to terminate the contract and claim damages.

Declarations

  1. The Buyer hereby declares that they are an active VAT-registered taxpayer for goods and services within the European Union, this declaration being applicable solely to Buyers registered in an EU Member.

  2. The Buyer, if located outside the European Union, hereby confirms that they hold an active VAT registration. The Buyer further undertakes to notify us promptly via email of any changes to their VAT status. Should the Buyer fail to provide such notification, and an invoice is issued by us under the assumption of an active VAT registration, we reserve the right to seek appropriate compensation for any resulting financial or administrative losses.

3) The Buyer represents and warrants that, as of the date of entering into this Contract, they are not in default on any payments due, including but not limited to obligations owed to the Tax Office.

4) The Buyer hereby declares their consent to receive, via email, documents such as invoices, proforma invoices, compensation statements, and correction notes originating from the domain @anis.trading. This consent extends to financial documents binding upon the Buyer, even if such documents are issued without the signatures of either the Seller or the Buyer.

5) The Buyer undertakes to promptly notify the Seller of any significant changes to their provided information. This includes, but is not limited to, changes in address, changes in the legal status of the company, initiation of bankruptcy or restructuring proceedings, and any other information relevant to the performance of agreements concluded with the Seller.

6) The Buyer declares that any goods purchased from the Seller will be resold in compliance with applicable laws or utilized exclusively for their own purposes.

Final provisions

1) Any disputes between the Buyer and the Seller, including those related to the performance of agreements referred to in section „General Provisions – 1)” shall be settled by the court having jurisdiction over the Seller.

2) The Seller’s liability for damages resulting from the performance of the agreement shall be limited to the value of the order (purchase price of the goods). The Seller shall not be liable for indirect damage, loss of profits or other damage resulting from the actions of the Buyer or third parties.

3) These Terms and Conditions as well as any agreements to which these General Terms and Conditions apply, are subject to Polish law.

4) Any and all information constituting the Seller’s trade secrets, in particular organisational, commercial and technical information, information concerning the volume of trade, prices applied, discounts, product specifications, logistic agreements, technological data, obtained by the Buyer in connection with the performance of agreements concluded by the Parties, shall constitute confidential information which the Buyer may not disclose to third parties. This obligation shall not apply to situations in which the obligation to provide information results from mandatory provisions of law.

5) The Buyer declares that they will not use the confidential information for any other purpose than for the performance of the agreements concluded with the Seller and that they will ensure due protection of such information.

6) The obligation referred to above shall not apply to that information which:

  1. are public, published and officially disclosed to the public without breach of contract,

  2. are the subject of a request for disclosure made by a competent authority of the State acting within the limits of its authority.