§1 GENERAL PROVISIONS

1. The General Terms and Conditions of Sale, hereinafter referred to as the “GTCS”, define the rights and obligations of the parties to the agreements of sale and delivery of goods and services offered by Petmex Company Spółka z ograniczoną odpowiedzialnością with its registered office in Polanka, Polanka 350, 32-400 Myślenice, NIP (Tax ID): 7372205222, REGON: 360346722, KRS 0000999016, hereinafter referred to as “Petmex” or the “Company”.
2. The GTCS constitute an integral part of all sales agreements concluded by Petmex regardless of their form, unless the parties to a given agreement have stipulated otherwise.
3. These GTCS apply exclusively to agreements for the sale of goods and services offered to entrepreneurs, hereinafter referred to as the Client or the Buyer. The GTCS may be supplemented by individually agreed Commercial Terms and Conditions.
4. The obligation to familiarize oneself with the GTCS lies with the Client concluding a given agreement with Petmex each time. By placing an order, accepting an invoice, a pro forma invoice, or proceeding to the execution of the Agreement, the Client simultaneously confirms their knowledge of these GTCS.
5. If the Client remains in permanent commercial relations with Petmex, the Parties mutually agree that the acceptance of the GTCS by the Client during the conclusion of the first agreement with Petmex shall be considered as the acceptance of the GTCS in every subsequent transaction.
6. These GTCS are published on the Seller’s website: www.petmex.pl.

§2 PURCHASE OFFER

1. Petmex reserves that all information regarding the goods of which it is the seller, presented in catalogs, folders, brochures, etc., as well as posted on the Petmex website, is exclusively of an advertising nature and does not constitute an offer within the meaning of the provisions of the Civil Code.
2. All prices of goods provided in offers directed to the Client by phone, in writing, or by e-mail bind the Parties only for the validity period specified in a given offer.
3. The commercial offer presented by Petmex does not automatically reserve the raw material and the working time necessary to produce the goods being the subject of this offer. Such an offer should be treated as a proposal of the terms of purchase of goods by the Client in order for the Client to place an appropriate order.
4. All prices of goods given in the offers are net prices to which VAT must be added.

§3 ORDERING GOODS

1. Orders shall be placed by the Client each time in electronic form by an authorized person to the indicated Petmex e-mail address.
2. Each order sent by the Client to Petmex should contain a description of the subject of the order and the proposed completion date. The order must be accepted by Petmex before its execution begins. Sending a document with a collective summary of goods and prices accepted by Petmex for execution is considered an acceptance of the order.
3. All arrangements between the Parties must be made in writing under pain of nullity. A lack of response from Petmex cannot be considered as tacit consent.
4. In the event of discrepancies between the order placed by the Client and the Petmex offer, the document confirming the acceptance of the order by Petmex is binding, unless the Client cancels the order in writing (by fax, e-mail) immediately, but no later than on the same business day.
5. The order completion date is determined individually depending on technological capabilities, availability of raw materials, and other circumstances. The delivery dates indicated in the order confirmation are indicative.
6. Petmex may withhold the execution of the sale in case of doubts regarding the truthfulness of the data provided by the Client in the order.
7. Petmex reserves the right to change the order completion date if such change results from circumstances beyond its control. Petmex will inform the Client about the postponement of the order completion date at least 1 day before the original date.
8. The costs of delivering the goods to the Client and the costs of any other additional services are each time agreed with the Client when placing a given order. If the Client remains in permanent commercial relations with Petmex, the parties mutually agree that establishing the delivery terms during the conclusion of the first agreement with Petmex is considered as the acceptance of the terms by the Client for all subsequent agreements concluded between the Parties.
9. Cancellation of an order by the Client is permissible only in exceptional situations after prior written agreement on the terms of order cancellation with Petmex. Petmex reserves the right to charge the Client with the actual costs incurred up to the moment of order cancellation.

§4 RETURN OF GOODS

1. Petmex does not allow the return of goods in relation to Clients who are entrepreneurs. Returns are possible only when the delivered goods are inconsistent with the order, and the Client informs Petmex about this inconsistency in writing or via e-mail within 7 days from the date of receipt of the goods. The risk of the returned goods is borne by the Client.
2. In other cases, Petmex must each time consent to the return of the goods purchased by the Client. The consent must be in writing under pain of nullity. Such a return will require the Client to cover the costs of return delivery to Petmex.
3. In the event of a return of goods on the principles referred to in point 2 above, Petmex is entitled to charge an administrative fee amounting to 10% of the value of the returned goods.
4. Returned goods should be delivered to the Petmex warehouse executing the order.
5. The condition for accepting the goods returned by the Client is their original packaging and the lack of signs of use and/or any damage or deviations from the parameters contained in the purchase documents of the goods returned by the Client.

§5 DELIVERY OF GOODS

1. Deliveries will be carried out on ex works terms (Incoterms 2020) from the Petmex production plant in Polanka, whereas the Manufacturer is ready – upon the Client’s additional order and for an additionally agreed remuneration – to deliver the ordered goods to the DAP (Delivery At Place) location chosen by the Client.
2. Petmex will make every effort to ensure that the Delivery of goods is completed within the time limit specified in the order confirmation.
3. The delivery date may change in the event of objective obstacles, in particular:
   • withholding the delivery for reasons attributable to the Client;
   • in the absence of delivery of packaging/labels within the agreed deadlines;
   • the Client’s delay in paying any part of the remuneration;
   • failure by the Buyer to provide information necessary to complete the delivery;
   • due to problems of carriers and forwarding companies arising without Petmex’s fault;
   • force majeure.
4. In the event that the Client does not collect the goods within the time limit set by Petmex, the total costs related to the execution of a given delivery shall be borne by the Client.
5. The Client is obliged each time to inspect the condition of the shipment, quality, quantity, assortment of the delivered goods, and compliance with the order immediately after their release. In the event of quantitative shortages or damage in transport, the Client is required to submit a written statement to the carrier or make an appropriate annotation on the transport document. All reservations regarding the quantity or transport damage of the delivered goods must be reported to Petmex immediately along with the carrier’s statement, but no later than within 48 hours of receiving the goods.
6. The quantity of delivered goods may differ from the ordered quantity by +/- 10%, whereas such a delivery will be considered properly executed, and the Client is obliged to accept the goods.
7. In the event of any quality reservations in relation to the delivered goods, the Client is obliged to immediately, but no later than within 7 days from the receipt of the goods, inform Petmex about this fact in writing and allow Petmex to inspect the delivered goods intact.
8. Each acceptance of the goods by the Client without making the annotation referred to in § 5 sections 5, 7, and 10 of the GTCS will be treated as the delivery of the goods to the Client in accordance with the order.
9. The Client is obliged to complete all formalities referred to in § 5 of the GTCS under pain of losing the right to pursue any claims against Petmex related to the delivery of goods by Petmex.
10. The Client’s notification of a hidden defect of the goods must be made immediately after its discovery, but no later than within 7 days from the date of its discovery, under pain of losing the basis for claims against Petmex. The notification must be made in writing under pain of nullity.
11. Petmex is not liable for the untimely delivery of goods if the delay in the delivery of goods did not arise from the exclusive fault of Petmex.

§6 WARRANTY FOR PHYSICAL AND LEGAL DEFECTS

1. In relation to Clients, Petmex excludes the application of the statutory warranty (rękojmia) for physical and legal defects of the goods delivered by Petmex.

§7 COMPLAINT PROCEDURE

1. The Client is obliged to report all defects of the goods in writing, under pain of nullity, within 30 days from the date of their delivery. Due to the nature of the goods, complaints submitted after this deadline will not be accepted by PETMEX.
2. In the event of the occurrence and reporting of a defect in the goods by the Client, Petmex shall make a decision regarding the validity of the submitted complaint within 14 days in the case of a Client who is a consumer and 30 days in the case of a Client who is an entrepreneur, from the date of receiving the complaint.
3. Petmex reserves the right to extend the deadline referred to in § 7 sec. 2 of the GTCS in the event that an opinion of third parties is necessary to consider the complaint or the case is complex. In such a case, Petmex is obliged to notify the client of the reasons for extending the aforementioned deadline.
4. When submitting a product complaint, the Client is obliged to immediately make the goods available to Petmex for the purpose of inspecting the defective goods at the place of their delivery or use, as well as to provide Petmex with all necessary information regarding the method of using the goods, in particular the technology of their processing or the conditions in which the goods are stored by the Client.
5. Each complaint notification must contain: invoice or order number, delivery date, batch number and expiration date, a precise description of the non-compliance, and photographic documentation.
6. In the event of a complaint being submitted, the Client should deliver the complained goods to the Petmex headquarters at their own expense, if the consideration of the complaint requires it. If the complaint turns out to be unjustified, the Client is additionally obliged to cover all costs if they were incurred, including, among others, expertise, examination, and other actions taken in connection with the consideration of the complaint.
7. Filing a complaint does not release the Client from the obligation to make payment for the goods within the agreed deadline.

§8 PAYMENT TERMS

1. Invoices issued by Petmex are payable each time within the deadlines indicated on the invoice, counting from the date of their issue. The payment is considered made at the moment the funds are credited to the Petmex bank account.
2. Petmex reserves the right to unilaterally increase the price if, after concluding the agreement, objective premises justifying the increase in the price of goods occur, over which Petmex had no influence, such as, for example, changes in tax rates on goods and services, customs duties, disruption of supply chains, an increase in goods prices caused by force majeure and extraordinary circumstances (war, natural disasters, epidemic, etc.).
3. The prices quoted by Petmex do not include any customs duties or other financial burdens imposed on the goods under the law applicable to the Client’s registered office.
4. In the event of delays in the payment of an invoice, Petmex is entitled to charge statutory interest for delays in commercial transactions. The obligation to pay interest does not exclude a claim for damages on general terms.
5. In the event that Petmex requires prepayment of the due price or security for its payment, the delivery date will not arrive until such prepayment or security is received in full.
6. In the event of delays in the payment of an invoice, Petmex reserves the right to suspend any further deliveries of goods and/or provision of services, including services related to the warranty protection of goods, if such are to take place, until the Client settles all receivables owed to Petmex.
7. Petmex reserves the right to demand, regardless of the payment deadline previously agreed with the Client, payment of the price before releasing the goods if there is a justified suspicion on the part of the Client that the Client will not fulfill the obligation to make the appropriate payment.
8. If the Client does not collect the goods within the time limit set by Petmex, Petmex is entitled to charge the Client with the costs of storing the goods in the amount of up to 100 EUR net for each day of storing one pallet of goods not collected by the Client. The Client bears all risks associated with the stored goods.
9. The Client is not entitled to submit a statement to Petmex on the set-off of any receivables due to the Client against Petmex.
10. The Client is not entitled to assign any rights and obligations arising from the agreement concluded with Petmex and/or the placed order to third parties without obtaining prior consent from Petmex expressed in writing under pain of nullity.
11. The Client consents to the assignment of existing and future financial receivables of Petmex against the Client confirmed by VAT invoices to a factor. The Client will be notified of the assignment of receivables in writing or in documentary form. From the moment of notification, payment shall be made to the factor’s account indicated in the notification of the assignment of receivables.

§9 PACKAGING

1. Petmex is entitled to purchase packaging necessary to complete the Client’s orders. If the packaging is not used within 6 months of the order, the Client undertakes, within 7 days of being summoned by Petmex, to purchase it or place a production order guaranteeing its full use before the expiration date.
2. After the ineffective expiry of this deadline, the packaging is stored at the Client’s expense in the amount of 100 EUR for each day of storage or disposed of at the Client’s expense at the discretion of Petmex.
3. In the absence of purchase or placing a production order, Petmex is entitled to charge the Client with the costs of purchasing packaging, storage, and – after a prior summons to the Client – to dispose of them at the Client’s expense.
4. The Client may provide their own packaging. If they are not used within the time limit agreed by the Parties, Petmex may store them or dispose of them at the Client’s expense in accordance with §9 sec. 2 and 3.
5. Petmex is not responsible for damage, loss, or deterioration in the quality of the Client’s stored packaging.

§10 PETMEX LIABILITY

1. Petmex is liable for non-performance or improper performance of the agreement, provided that this liability is limited to actual damage, excluding lost profits, production and material losses, loss of the Client’s reputation and good name, etc.
2. In any case, the liability of Petmex for any damages not covered by the exclusion is limited to the actual loss of the Client, in an amount not exceeding 100% of the net order value.
3. Petmex is not liable for defects in the goods or their non-compliance with the placed order, which arose in connection with the use of the goods in a manner inconsistent with their intended purpose and storage conditions.
4. Petmex is not liable to the Client for defects in goods manufactured by the Client using goods supplied by Petmex.
5. Petmex is not liable for the suitability of the goods delivered in accordance with the Client’s order in relation to the purposes desired by the Client.
6. Petmex is not liable in the event of failure to fulfill the obligations arising from the agreement if it was caused by reasons beyond its control, which could not have been foreseen at the time of concluding the agreement and which could not have been avoided – force majeure, actions or omissions of third parties for which Petmex is not responsible. Force majeure is considered in particular to be war, uprisings, riots, martial law, fire, earthquake, flood, epidemic, pandemic and other natural disasters, lockdowns, as well as strikes, lockouts and other extraordinary actions related to labor matters, and internet network failures or parts thereof, power grid failures, computer surveillance and distribution system failures.

§11 FINAL PROVISIONS

1. The law applicable to these GTCS is determined according to the registered office of Petmex.
2. All disputes arising between the parties shall be resolved in accordance with Polish law.
3. The Parties shall strive to amicably settle any disputes arising in connection with the execution of agreements covered by these terms. In the event of the impossibility of amicably settling the matter, the court competent to resolve disputes arising from the application of these GTCS is the court competent for the registered office of Petmex.
4. The invalidity or ineffectiveness of some of the provisions of these GTCS does not affect the validity or effectiveness of the remaining provisions.
5. Petmex has the right to store and process the Client’s personal data for purposes related to the execution of the sales agreement.
6. Any changes to these GTCS require a written form under pain of nullity.
7. In the event that these GTCS have also been formulated in a language other than Polish, in the event of a dispute, the GTCS in Polish shall apply.
8. Without the written consent of Petmex, the Client shall not use the name, trademarks, or trade names of Petmex, nor refer to economic relations with Petmex for any purpose.
9. These GTCS have been approved by PETMEX and enter into force on 01.08.2025.