General business terms
§ 1 General conditions of purchase
The subject of general conditions of purchase is establishment of cooperation of all agreements and contracts between the company Raven Ireneusz Patora (hereinafter referred to as company Raven) with customers.
General conditions of purchase apply in the moment of entering into contract. General Conditions of Purchase shall also apply in the case of future joint business relations, even if they are not expressly agreed again.
In case of client’s own “General conditions of purchase” which differ from the general conditions of purchase of Raven, apply only the general conditions of purchase of Raven.
§2 Conclusion of contract
1. All offers of Raven are non-binding
2. Offers are binding by delivery or order confirmation.
3. Oral, telephone or telegraph agreements are only binding if they are subsequently confirmed in writing.
4. Communication
a) If parties communicate via e-mail, they allow illimitable validity of the avowal in accordance with the following provisions
b) All messages must be exchanged in Polish, English or German. Each e-mail should have the necessary information allowing to enable the identification of a person with whom contact is made, such as name, email address, the time of the message delivery.
5. Preparation of sample emblems is burdened with fees, unless the parties agree otherwise.
§3 Payments
1. The prices of the offers of Raven in case of finished product does not include the cost of packaging. Prices in the case of products bearing the brand name Raven include the cost of packaging. The proposals of price does not include VAT. VAT will be charged on the invoice at the statutory amount and identified as a separate item on the invoice. Raven Company has the right to charge higher VAT costs in case of changing the rules during the contract.
2. In the case of the first order the customer is required to make an order to pay in aid of Raven, prepayment or payment in cash, unless the parties agree otherwise.
3. The client falls automatically in default if payment is not made during the fixed term of payment.
§4 Delivery
1. The terms of supplies that have not been expressly agreed as binding, are of non-binding character. Delivery time starts only upon the determination of all the technical issues as well as final approval of the emblem by the customer. Similarly, the customer is obliged to carry out his duties properly and on time.
2. The actions of force majeure such as strikes, breakdowns, delays in the delivery of suppliers may result in longer delivery time. In case of any circumstances preventing delivery, we are exempt from the obligation to make delivery.
3. Claims for damages or termination of the contract due to the delayed delivery or non completion take place only if the delayed delivery or non completion is due to the Raven company, provided that the customer clearly presents written information on the binding delivery date.
4. We provide a supply of ordered products by the courier company or our own courier. There is also an opportunity to receive ordered products in the legal address of Raven.
5. With the release of ordered products, courier company or contractor directly, Raven has fulfilled all its obligations arising from the provision of services and supply risk passes to the customer.
6. For each contract being charged the cost of shipping and packaging is being included, unless otherwise stated.
§5 Stipulation of releasing ordered product
Until the purchase price has been paid by the customer and any other claims are fulfilled arising from the contract, ordered product remain the property of Raven.
§6 Right of return
Ordered products which were embroidered, printed or sewn on the client’s order are irredeemable.
§7 Warranty
1. Guarantee of ordered products is provided under the general laws according to following rules
2. The Raven Company is not responsible for slight deviation from our descriptions and test specimens in terms of quality, size, color, equipment or emblems of products delivered by us.
3. The customer is obliged to check the delivered products, paying attention particularly to obvious deficiencies caused by delivery, wrong delivery and quantitative inconsistencies. In case of obvious defects, the customer should immediately notify Raven company of any inconsistencies. In the case of failing to inform Raven company of this fact, any claims caused by errors would not be accepted.
4. Raven Company is not responsible for any errors caused by the customer, in particular for defects caused by improper use of textiles especially when there is a label describing the proper use of clothing.
5. In case of defectiveness of ordered products, Raven company reserves the right to choose whether the product would be exchanged or mended.
§8 Responsibility
1. Raven is fully liable for intent and gross negligence of its employees, legal representatives and managers.
2. In the case of products left at our disposal, embroidering and printing takes place at customer’s risk. Responsibility for imprints made by embroidery hoops, holes in clothing made by a broken embroidery needle and dislocation of embroidering due to machine failure will not be taken into account.
§9 Embroidery designs
Files of embroidery designs that are created to client's demands are immaterial. These files are work created by converting the logo into stitches, therefore and cannot be passed out. Additional costs to be borne by the customer will be separately added to the invoice. The customer does not have the right to demand the embroidery design files. Files are the property of Raven, unless the parties agree otherwise.
§10 Privacy
Raven company collects customer’s data only to the extent which is necessary for the execution of the order and the contract. We commit to protect data and do not provide data to third parties.
§11 Copyright
Customer shall bear all risks associated with the ability to use the logo supplied to us in terms of steps necessary for the job. Customer shall ensure that he has full rights to use the provided designs. Customer exempts from liability Raven company in case of any third parties claims concerning the usage or distribution of logo. If third parties press charges, the customer agrees to pay for all legal costs and damages that arise due to a conflict with a third party.
