BrasiT regulations

§1. General Provisions

The website https://www.brasit.pl constitutes an ICT information platform operated by BrasiT, Lubelska 46, 24-170 Kurów, VAT ID: PL 716-272-50-85, hereinafter referred to in these Terms and Conditions as “BrasiT”, intended to provide basic information regarding the assortment held by “BrasiT”.
The terms used in these Terms and Conditions shall mean:
a) “BrasiT” or “Seller” - the business activity of BrasiT,
b) Interested Party - a Client being a natural person or a natural person, legal person or organizational unit without legal personality but having legal capacity, who undertakes actions aimed at obtaining information concerning products and prices offered by BrasiT.
c) “Buyer” - a Client being a natural person or a natural person, legal person or organizational unit without legal personality but having legal capacity, who purchases the Commercial Offer offered by BrasiT. d) Business Days - Time counted on working days from Monday to Friday.
e) Order fulfillment period - the fulfillment period of the offer accepted by the Client, included in the Offer document, counted from the beginning of the new week after receipt of the order (counted in full weeks).
f) Offer - a commercial offer containing a quotation of goods for the Interested Party, becomes binding at the moment of acceptance – placing an order.
In the case of an order, the Offer constitutes the binding terms between the Buyer and the Seller.
Other terms not included in the Offer shall be governed by the “Terms and Conditions”.
Acceptance of Offer XXX/OO/RR is equivalent to acceptance of the Terms and Conditions.
The Terms and Conditions apply to all Buyers.

§2. Method of Contact and Offer Information

Technical information and advice are available at the telephone number provided on the website https://www.brasit.pl in the “Contact” tab.
Offer inquiries should be sent to the email address provided in the “Contact” tab on the website https://www.brasit.pl
Inquiries should have the content of generally applicable commercial questions and contain information necessary to prepare a proper quotation, depending on the requirements of the Interested Party.
The response time for an offer inquiry is from 1-7 Business Days.
Commercial information is sent in the file “OFFER XXX/OO/RR”, where XXX means the offer number. In the case of placing an order, the Offer constitutes the binding terms between the Buyer and the Seller.
The information contained in the Offer is valid for 7 days, unless the Offer states otherwise.
If the Offer is not accepted within 7 days from the date of its creation, the terms of the Offer may change.

§3. Prices of Goods

The available price lists are only estimated price lists.
The prices of goods depend on current exchange rates determined on the basis of the BRE Bank S.A. exchange rate.
The prices of goods may change in the case of ordering a larger quantity of goods, or increase in the case of ordering a smaller quantity of goods.
The prices of goods do not include VAT and are provided in currencies other than PLN - with the possibility of conversion into PLN according to the applicable exchange rates on the date of placing the order.
Shipping costs depend on the provisions of the Offer.
The binding and final price of the product is the price stated in the Offer at the time of placing the order.

§4. Placing Orders

Placing an order shall be understood as acceptance of the Offer with an order number assigned by BrasiT.
The order should be sent electronically to the return address - the one from which the Offer was sent; the Offer number should be entered in the email subject - in other cases the order may not be fulfilled.
Placing an order equivalent to acceptance of the Offer means that the Buyer accepts the terms contained in the Offer.
Only at the Buyer’s request may order fulfillment terms other than those in the sent Offer exist - provided that before placing the order the Buyer requests changes to the Offer in writing, and they are entered by BrasiT into the Offer and accepted by the Buyer.
There is no other possibility of placing an order than by accepting the Offer with the assigned order number.
Any other arrangements not entered into the Offer shall be deemed non-existent.
In the event of proper placement of the order (only acceptance of Offer XXX/OO/RR), the Buyer shall receive from the Seller a PRO-FORMA advance payment invoice.
After receipt of payment, the order is immediately transferred to production.

§5. Forms of Payment and Delivery

Payment is made on the basis of a Pro-Forma invoice issued after acceptance of the Offer, specifying the amount of the advance payment required for order fulfillment.
It is assumed that the minimum advance payment required for fulfillment is 100% of the value of the entire order amount.
If consent is given for another advance payment amount, such provision shall be visible in the Offer document.
The payment currency is stated on the Pro-Forma document.
Payment should be made immediately after receipt of the Pro-Forma invoice, however no later than within 7 days from the date of its receipt; otherwise the Seller may withdraw from fulfillment of the order.
Payment in PLN stated on the Pro-Forma document should be made within the specified period to the account:

Bank: BRE Bank SA - mBank Account No.: 12 1140 2004 0000 3502 7488 4128

In the case of payment of an advance amount lower than that stated in the Pro-Forma Invoice document, the order shall not be fulfilled.
In the case of payment of an agreed advance amount lower than 100% of the order value, the remaining part of the amount must be paid exactly by its payment due date. In other cases, the advance payment shall be retained.
The form of delivery is provided by the Seller in the document Offer XXX/OO/RR.
Depending on the form of delivery, the order fulfillment time shall vary.

§6. Order Fulfillment

Depending on the form of delivery, the order fulfillment time shall vary.
Orders are fulfilled on the basis of the document Offer No. XXX/OO/RR.
It is not possible to fulfill an order on terms other than those stated in the document Offer No. XXX/OO/RR, unless the Buyer has requested such change in writing and, on the day of receiving the change in the document Offer No. XXX/OO/RR, accepted it.
Requested changes in the document Offer No. XXX/OO/RR are valid until the end of the day on which the document with the entered changes was sent to the Client.
If the Client has not accepted the changes on the day of their receipt, the changes shall be deemed non-existent, and the basis for the order shall be the original document Offer No. XXX/OO/RR - i.e. the one first sent to the Buyer, without the entered changes.
The fulfillment period is counted from the first Business Day of the week following payment of the advance payment.
The delivery / order fulfillment period is specified in the document Offer No. XXX/OO/RR.
The fulfillment period stated in the Offer is binding on the date of creating the Offer and may change on later days.
The Seller reserves the right to deliver the goods within up to 14 Business Days from the end of the period stated in the Offer document; this period shall not be considered a delay and shall not be subject to claims or complaints.
The period of 14 days from the end of the period stated in the Offer shall not be considered a delay and shall not give rise to the Buyer’s claims regarding the delivery date.
After receipt of payment, the order is immediately transferred to production.
In the case of delivery delays beyond the Seller’s control, the delivery period shall be extended, and the Seller shall not be subject to claims on this account. Delays in fulfillment time for which the Seller is not responsible include, among others: a) transport schedules (ship departures, rail transport, land transport) b) production delays, c) weather conditions, d) random events, e) accidents, f) actions of third parties, g) other circumstances not resulting from the Seller’s fault
No delivery period other than the one stated in the sent document Offer No. XXX/OO/RR shall apply, subject to extension of this period as specified in points 9, 10 and 11
The Seller reserves the possibility of not undertaking fulfillment of the order in cases of suspicion that the Buyer acts to the detriment of the Seller, in cases of low credibility of the Buyer, as well as suspicion that the Buyer participates in unfair transactions or persuades the Seller to participate in them.

§7. Complaint Conditions

Complaints should be submitted in writing to the entrepreneur’s address or electronically to the email address provided on the website https://www.brasit.pl in the “Contact” tab.
Complaints shall not cover faults resulting from incorrect assembly or improper operation of goods or use in improper conditions
Complaints shall cover only faults resulting from production.
The Seller is not directly responsible for the warranty; it is an intermediary between the Guarantor - Manufacturer and the Buyer
In the event of dissolution or change of the form of business activity, BrasiT shall not be liable for warranty and other claims.
In the event of dissolution or change of the form of business activity, complaints should be directed directly to the manufacturer.
The company "BrasiT", hereinafter referred to as the Guarantor, ensures good quality and proper operation of equipment used in accordance with its intended purpose.
The warranty period for individual components included in the Offer is 24 months of warranty under general terms.
The warranty covers equipment defects caused by faulty parts or manufacturing defects arising during the period (as specified for individual components) from the date of delivery. The warranty does not cover defects caused by incorrect installation and connection of components.
Defects disclosed during the warranty period shall be removed within a maximum of 28 days from the date of delivery of the equipment to the Guarantor’s service point, or longer if it is necessary to import parts required for repair from abroad.
The replaced defective equipment and parts become the property of the Guarantor.
Warranty repair does not include activities provided for in the operating manual, which the user is obliged to perform on their own and at their own expense, such as installation of the equipment, checking its operation, maintenance.
Correct operation of the equipment with devices purchased and installed outside the company is not guaranteed
Loss of warranty occurs in the event of:
a) removal of the rating plate by a person not authorized by the Guarantor,
b) illegible, changed or removed serial numbers of the equipment, specified in point 14 of the warranty conditions.
c) repairs, modifications and structural changes made independently by the Client or another unauthorized person
The warranty does not cover damage and defects arising from causes other than those inherent in the equipment, in particular resulting from:
a) improper or non-compliant operation, installation, storage (flooding the equipment with liquids, atmospheric discharges, overvoltages, etc.),
b) mechanical damage and random events caused, for example, by fire, flood, lightning strike, storm, vandalism and other unforeseen accidents, c) damage resulting during unloading, reloading and in particular assembly by the purchaser.
The warranty card constitutes the sole basis for exercising rights. In the event of loss of the warranty card by the Purchaser, a new warranty card shall not be issued, and the warranty period shall be determined separately for individual parts in accordance with the rating plates.
The warranty covers only the equipment listed in the Commercial Offer
“Warranty regulations” not included in the warranty conditions shall be governed by the Civil Code.
BrasiT reserves the right to introduce changes and improvements to its products in the future, without any obligation to make such changes and improvements to products previously delivered.
In the event of failure to meet the payment deadline specified on the invoice, the Guarantor automatically withdraws from the warranty agreement.
The basis for accepting a complaint is delivery, at one’s own expense, of the complained-about device bearing the original serial number marking, together with a description of the defect and a signed warranty.

§8. Installation Service

The price stated in the Offer does not include the costs of arrangements and legal formalities related to the installation of solar and hybrid lamps, street lights connected to the 230V network, active signs, etc. (design, arrangements, geodetic service, etc.), as well as the costs of traffic organization designs and road securing costs for the duration of installation, if required.
Design, arrangements, geodetic service, etc. are each time payable additionally after prior arrangements and a site inspection.
If the installation points indicated by the Ordering Party are marked incorrectly, all related costs shall be borne by the Ordering Party.
In the case of an incorrectly indicated installation location by the Ordering Party, if underground installations are damaged, including: damage to all types of power, water, fiber optic, telecommunications installations, etc., all costs related to repair and restoration to the original condition shall be borne by the Ordering Party.
In the case of installation of solar and hybrid street lights, the installation price does not include grounding of the pole.
The installation price indicated in the Offer includes installation only in clean soil. Installation does not include any obstacles such as: roots, wetland, boulders, sand, etc.
Any obstacles arising during our installation shall give the right to “renegotiate the agreement” at the cost of the Ordering Party.

§9. Right to Withdraw from the Agreement / Product Returns

Withdrawal from the agreement shall not apply to:
a) delay in delivery caused by factors listed in § 6 point 11,
b) withdrawal from the agreement / other claims in the case specified in § 6 points 9 and 10
c) changes in projects and tenders in which the Buyer participates,
d) influence of third parties on the Buyer’s decision,
e) claims against the Buyer by its contractors or further partners of the Buyer,
f) changes in the management and work organization of the Buyer,
g) bankruptcy of the Buyer,
h) change of the Buyer’s decision as to the quantity or type of goods,
i) errors, mistakes concerning the order caused by the Buyer or its employees, or other persons to whom ordering the goods was entrusted,
j) intentional actions of third parties or the Buyer, consequently aimed at misleading,
k) invoking terms other than those contained in the document Offer No. XXX/OO/RR, (in accordance with § 6 points 2 and 3), unless the Buyer requested a change in the document Offer No. XXX/OO/RR and received it with the entered changes,
Withdrawal from the agreement shall apply to:
a) delay of the Seller in delivery (outside the period referred to in § 6 points 9 and 10)
b) intentional delay of the delivery period of goods,
The Buyer has the right to return products if:
a) the goods are not compliant with the placed order.

§10. Final Provisions

The Seller reserves the possibility to withdraw from fulfillment of the order if the fulfillment conditions indicate an intention to expose the Seller to loss or in the case of low credibility of the Buyer.
In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular the Civil Code and the provisions of the Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws No. 141 of 2002, item 1176) and the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product (Journal of Laws No. 22 of 2000, item 271).
All names of goods offered for sale by BrasiT are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).
In the event of amendment of the Terms and Conditions, orders placed before the date of introduction of changes to these Terms and Conditions shall be fulfilled on the basis of the rules applicable before the introduction of the changes.
These Terms and Conditions shall apply from 21/10/2013 until revoked.
These Terms and Conditions are available at the registered office of BrasiT, as well as at: https://www.brasit.pl/regulamin