General Terms of Sale and Delivery for Contracts with Consumers — ASPanel Anna Szalk

Issue date: 2025-05-02

ASPanel Anna Szalk
80-297 Miszewko, ul. Gdyńska 52

1. These General Terms of Sale and Delivery for Contracts with Consumers (hereinafter “OWSK”) set out the rules for concluding contracts for the sale and delivery of movable property in which the Seller is ASPanel Anna Szalk, with its registered office at 80-297 Miszewko, ul. Gdyńska 52 (hereinafter ASPanel), and the buyer is a natural person purchasing movable property for a purpose not directly related to that person’s business or professional activity (hereinafter the “Consumer”).
2. Before the contract is concluded, the OWSK are available in writing at the Seller’s premises and on this website.
3. The OWSK form an integral part of the sale and delivery contracts concluded by ASPanel with Consumers.

Offer — The Consumer’s offer to purchase Goods as a collection of order items, specifying all material particulars: lengths, type and arrangement of facings, profiling, colours, workshop drawings, type of joint, and type and length of cutback. The order items have previously been defined and completed by ASPanel on a generated form as separate item records, each assigned a quantity in customary units of measurement such as pieces, linear metres and square metres.

Additional conditions for fulfilment of the Offer — Additional conditions individually negotiated for fulfilment of the Final Offer and conclusion of the contract, such as an advance payment, delivery method, destination and type of load.

Consumer — A natural person purchasing movable property from ASPanel for a purpose unrelated to their business or professional activity.

Seller — ASPanel Anna Szalk

Payment due date — The date on which the price for the Goods becomes due.

Claim — An entitlement to demand a particular course of action.

Goods — Consumer goods, namely movable property purchased from ASPanel by a natural person for a purpose unrelated to their business or professional activity.

Complaint — The Consumer’s statement that they are exercising specifically identified claims.

Notification — The Consumer’s notification to the Seller that non-conformity of the Goods with the contract has been identified.

Seller’s premises — ASPanel’s registered office or another sales outlet where ASPanel sells Goods.

1. The Consumer must submit an Offer for a valid contract of sale to be concluded. The Seller’s acceptance of the Offer means that the Seller has received the order and accepted it for fulfilment on the terms stated therein.
2. The Consumer may withdraw the Offer by notifying the Seller no later than 24 hours after submitting it, unless the order has already been released for production. If the withdrawal deadline falls on a Sunday, it is extended until 9:00 a.m. on Monday.
3. If the Goods are temporarily or permanently unavailable, the Consumer has no right to demand the conclusion of a contract.

1. The performance characteristics, intended use and quality requirements applicable to the Goods follow from technical approvals, declarations of conformity and Polish or European Standards obtained or applied by ASPanel.
2. Information on ASPanel’s website and in its printed publications (hereinafter the “Catalogue” or “Brochures”), as well as leaflets, advertisements and other publications concerning Goods offered by ASPanel, is provided for information only. Models and samples displayed by ASPanel are illustrative exhibition examples. These sources do not constitute offers within the meaning of the Polish Civil Code, even if a price is stated, but merely invitations to enter into a contract. Detailed technical information in the Catalogue or Brochures may change at any time.
3. Prices for Goods in price lists made available by ASPanel at its premises apply during the period stated in the relevant price list. For orders requiring special processing or cutting of the Goods, the final price of the Goods is determined on the basis of the Offer. If this price differs from the price list, the Consumer must separately accept the revised price. Prices are expressed in Polish zloty and include value added tax. Prices are quoted per unit of measurement unless the characteristics of the Goods indicate that the price relates to a quantity of individual items.

1. The due date for payment of the price is stated on the invoice issued by the Seller. The Parties may agree a different due date or method of payment. The payment period is always expressed in days. If no payment due date is stated on the invoice or agreed by the Parties, the Seller may demand payment of the invoiced price when the Consumer collects the ordered Goods. If the Consumer does not collect the Goods despite their being ready for collection, payment may be demanded from the time when collection should have taken place under the contract.
2. The payment date is the date on which the amount is credited to ASPanel’s bank account stated on the invoice or to an account designated by ASPanel, or the date of payment in cash.
3. Pursuant to Article 106n of the Polish Act of 11 March 2004 on Tax on Goods and Services (Dz.U. 2004 nr 54 poz. 535), the Consumer accepts the use of electronic invoices and their delivery to an email address in PDF format. This acceptance remains valid indefinitely from the conclusion of the first contract of sale based on a Final Offer. The email address for sending invoices to the Consumer is the address from which the Consumer corresponds with the Seller, unless the Consumer has specified another address for delivery of electronic invoices in the Final Offer or in an email. If no such email address is available, a printed copy of the invoice will be sent in the usual manner. The Consumer may withdraw acceptance in writing or in the form used for correspondence with the Seller. Withdrawal takes effect on the last day of the month in which it reaches the Seller. The Consumer is responsible for ensuring the proper functioning of the information and communication equipment and associated software used for individual communication at a distance. In particular, the Consumer is responsible for their ability to receive correspondence from the Seller.

1. ASPanel retains ownership of the Goods sold until the entire price has been paid.
2. If the Consumer fails to pay by the specified deadline, ASPanel may demand the return of the Goods. ASPanel may also claim compensation if the value of the Goods has decreased in relation to the selling price, including where they have been incorporated into a structure, installed or damaged. If enforcement proceedings are commenced against the Consumer before the entire price has been paid, the Consumer must mark the Goods to indicate ASPanel’s retention of title. If Goods owned by ASPanel are seized in enforcement proceedings against the Consumer’s assets, the Consumer must immediately inform ASPanel and cooperate with ASPanel in exercising its rights against the party carrying out the seizure. At ASPanel’s request, the Consumer must immediately provide all information about where the Goods subject to retention of title are stored. ASPanel may inspect the Goods and recover them if its ownership rights would be at risk.

1. A delivery date is binding on ASPanel when agreed by the Parties in writing. The Consumer must collect the Goods at the agreed time.
2. If ASPanel is unable to perform its obligation due to force majeure, the Consumer has no right to compensation for loss arising from non-performance or late performance of the contract. ASPanel must promptly inform the Consumer of the events that have made delivery impossible.
3. Products sold by ASPanel must be stored, transported and unloaded in accordance with the recommendations in the technical catalogues, transport instructions and unloading instructions prepared by the manufacturers of the goods sold by ASPanel.
4. The Consumer acknowledges that failure to follow ASPanel’s transport, storage and installation recommendations may constitute grounds for ASPanel to reject the Consumer’s complaint claims.

1. When ASPanel hands over the Goods to the Buyer (Consumer) or a person authorised by the Buyer, the benefits and burdens associated with the Goods and the risk of their accidental loss or damage pass to the Buyer (Consumer). A person presenting confirmation of the conclusion of the contract or an invoice is presumed to be authorised to receive the Goods.
2. ASPanel’s place of performance, namely the place where the Goods are handed over, is the Seller’s premises. If ASPanel is to deliver the Goods to an agreed location outside the Seller’s premises, handover is deemed to have taken place at that delivery location, unless the contract of sale provides otherwise.
3. If the Consumer does not unload the vehicle carrying the Goods within 2 hours of its arrival at the destination, the Consumer bears the costs of the vehicle’s waiting time.

1. The Seller is liable to the Consumer if the Goods sold have a physical or legal defect (defect liability, known in Polish as rękojmia). The Seller is liable for non-conformity of the Goods with the contract (a physical defect), in particular where the Goods sold lack the characteristics that goods of this kind should possess in view of the purpose specified in the contract or arising from the circumstances or intended use; lack characteristics which the Seller assured the Consumer they possessed, including by presenting a sample or model; are unsuitable for a purpose of which the Consumer informed the Seller when the contract was concluded and to which the Seller raised no objection; or were handed over to the Consumer in an incomplete condition. If a physical defect is identified within one year of handover of the Goods, the defect or its cause is presumed to have existed when the risk passed to the Consumer.
2. If the Goods do not conform to the contract, the Consumer may demand that they be brought into conformity by repair free of charge or replacement with new Goods. The Consumer may also demand an appropriate price reduction or rescind the contract, unless the Seller promptly replaces the defective Goods with defect-free Goods or remedies the defect without undue inconvenience to the Consumer. This restriction does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller has failed to fulfil its obligation to replace them with defect-free Goods or remedy the defect. Instead of the remedy proposed by the Seller, the Consumer may demand replacement with defect-free Goods, or may demand a remedy instead of replacement, unless bringing the Goods into conformity in the manner chosen by the Consumer is impossible or would entail excessive costs compared with the method proposed by the Seller. In assessing whether costs are excessive, account is taken of the value of the defect-free Goods, the nature and significance of the defect, and the inconvenience that an alternative solution would cause the Consumer. The reduced price must bear the same proportion to the contract price as the value of the defective Goods bears to the value of defect-free Goods. The Consumer cannot rescind the contract if the non-conformity is insignificant. An appropriate period for repair or replacement is determined with regard to the nature of the Goods and the purpose of their purchase; the estimated period is 60 days from acceptance of the complaint.
3. The Seller may refuse to fulfil the Consumer’s demand if bringing the defective Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would entail excessive costs compared with the other possible method.
4. The Seller is not liable for non-conformity of the Goods if the Consumer knew of it when the contract was concluded or, on a reasonable assessment, should have known of it.
5. The Seller is liable for non-conformity of the Goods if it is identified within two years of handover to the Consumer. If the period of fitness for use specified by the Seller expires more than two years after handover to the Consumer, the Seller is liable under the defect-liability rules for physical defects identified before that period expires.
6. Claims for remedy of a defect and replacement become time-barred one year after the non-conformity of the Goods is identified.
7. Within the periods specified in paragraphs 5 and 6, the Consumer may give notice of rescission of the contract or a price reduction due to a defect in the Goods sold. If the Consumer has demanded replacement with defect-free Goods or remedy of the defect, the period for giving notice of rescission or a price reduction begins when the deadline for replacement or remedy expires without the required action having been taken.
8. While one of the rights arising from defect liability is pursued before a court or arbitral tribunal, the running of the period for exercising the Consumer’s other rights on the same basis is suspended until the proceedings are finally concluded by a binding decision.
9. In the complaint, the Consumer must provide the following information identifying the purchase: purchase date, order confirmation number, reason for the complaint and quantity of Goods complained of. The Consumer must also specify the claim, including its value and the requested way of resolving the complaint.
10. The Consumer must enable the Seller to inspect the Goods concerned by the complaint, including taking samples and carrying out technical tests.
11. The Seller must consider the complaint and respond within 14 days of receiving a complaint containing claims.
12. ASPanel is not liable for physical defects in a product marked as second-grade Goods. In particular, irrespective of its type or quantity, such a product is not covered by defect liability, a guarantee or any other liability for non-performance or improper performance of the contract. The Consumer purchases second-grade Goods at their own risk, in their condition at handover and at a reduced price, without any right to make claims relating to their quality. On handover, the Consumer also waives such future claims against ASPanel. In particular, the Consumer has no right to return the Goods, reduce the order, receive compensation or recover costs. Second-grade Goods may not meet standard quality requirements, and there is no guarantee that they meet the standards adopted for steel and foam thickness. Such Goods may, for example, have unevenness, scratches, dents, foam or paint defects, including colour differences, deviations from standards for the relevant dimensions and thicknesses, or other characteristics concerning steel and foam thickness. Such deviations from accepted standards do not constitute a product defect. The Consumer is always informed of defects in the Goods before purchase and confirms this by accepting a fiscal receipt stating that the Goods are sold as second-grade, also designated gat2, g2 or 2G.
13. ASPanel advises that a change in the colour of the polyurethane core in PIR insulation boards does not affect the product’s mechanical or thermal-insulation properties. The colour change occurs both during indoor and outdoor storage. Complaints on this basis will not be accepted.
14. ASPanel advises that small blisters and wrinkles in the facings used to manufacture PIR insulation boards result from the manufacturing process, during which the polyurethane shrinks, which is a typical phenomenon. Complaints on this basis will not be accepted.
15. ASPanel advises that milling PIR insulation boards reduces the effective coverage area by 2–4%. Complaints on this basis will not be accepted.
16. Quality or quantity complaints concerning PIR insulation boards and accessories must be made before installation. Installed products are deemed free from defects, and complaints sent to the Manufacturer after installation will not be accepted.

1. Matters not regulated by these OWSK are governed by the Polish Civil Code of 23 April 1964 (Dz. U. z 1964 roku, Nr 16, poz. 93 ze zm.) and the Polish Act of 30 May 2014 on Consumer Rights (Dz. U. z dnia 24 czerwca 2014 r. z późn. zm.).
2. ASPanel reserves the right to use information about construction projects, design work or execution work carried out using ASPanel products or technology for marketing purposes. This includes, in particular, providing information about such projects or work, recording them in photographs or other graphic form, and including this material in any ASPanel advertising materials.