GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

KegX Sp. z o.o.

ul. Szańcowa 44, 01-458 Warsaw, Poland

Registered under number 0000913251

NIP (Tax ID): 5272965122

These General Terms and Conditions of Sale (hereinafter: “GTCS”) define the terms and conditions for the conclusion of sales contracts of goods and the provision of services by KegX Sp. z o.o., with its registered office at ul. Szańcowa 44, 01-458 Warsaw, Poland, registered under number 0000913251, NIP: 5272965122, hereinafter referred to as the “Seller”.

1. Definitions

Buyer – a natural person, legal entity, or organizational unit without legal personality that concludes a contract with KegX Sp. z o.o.

Consumer – a natural person concluding a contract not directly related to their business or professional activity.

Goods – the subject of sale specified in the order confirmed by the Seller.

Other terms used in these GTCS shall have the meaning as defined under applicable Polish law.

2. Scope of Application

These General Terms and Conditions of Sale apply to all offers, orders, and sales contracts concluded by KegX Sp. z o.o., unless otherwise agreed in writing by the parties.

Any terms and conditions provided by the Buyer shall not apply unless explicitly accepted in writing by the Seller.

3. Conclusion of Contract

The Seller’s offers constitute an invitation to submit offers (invitatio ad offerendum).

Submission of an order by the Buyer constitutes an offer to conclude a contract.

The contract is concluded upon written confirmation of the order by the Seller or upon delivery of the Goods.

Any changes to the order require written confirmation by the Seller.

4. Prices and Payment Terms

The prices indicated in the offer or order confirmation are net or gross prices, as specified on the invoice.

Delivery of Goods is subject to advance payment, unless another payment term has been agreed upon.

In the event of payment delay, the Buyer is obliged to pay statutory interest for late payment.

The Buyer may set off any claims only if such claims have been acknowledged in writing by the Seller or confirmed by a final court decision.

5. Delivery, Transfer of Risk, and Deadlines

Delivery shall be made under the conditions specified in the order confirmation.

The place of performance shall be the Seller’s registered office, unless otherwise agreed by the parties.

The risk of accidental loss or damage to the Goods passes to the Buyer at the time the Goods are handed over to the carrier or directly to the Buyer.

Delivery dates are approximate unless expressly stated as binding in the order confirmation.

In consumer sales, if the Seller fails to deliver the Goods within 30 days from order confirmation, the Consumer has the right to withdraw from the contract without incurring any costs.

6. Warranty and Complaints

The Seller shall be liable for physical and legal defects of the Goods in accordance with Articles 556 et seq. of the Polish Civil Code.

For Consumers, liability lasts for 2 years from the date of delivery of the Goods.

In contracts concluded between entrepreneurs (B2B), the warranty may be limited or excluded by individual agreement.

The Buyer shall notify the Seller of any defect immediately after it is discovered, providing a description of the defect and a specific request (repair, replacement, price reduction, or withdrawal from the contract).

If the complaint is accepted, the Seller undertakes to repair or replace the Goods free of charge.

Any provisions limiting Consumer rights arising from the law are invalid – in such cases, the relevant statutory provisions shall apply.

7. Right of Withdrawal (Distance Sales)

The Consumer has the right to withdraw from a distance contract within 14 days without providing any reason, in accordance with Article 27 of the Consumer Rights Act.

To exercise this right, the Consumer must submit a withdrawal declaration to the Seller in writing or electronically.

The Seller will refund all payments received, including delivery costs (except for additional costs arising from the Consumer’s choice of a delivery method other than the least expensive standard delivery offered by the Seller), no later than 14 days after receiving the withdrawal notice.

The cost of returning the Goods shall be borne by the Consumer unless the Seller agrees to cover it.

8. Retention of Title

The Goods remain the property of KegX Sp. z o.o. until the full sale price and any additional costs have been paid.

The Buyer is obliged to immediately inform the Seller of any third-party actions concerning the Goods, particularly in the event of seizure during enforcement proceedings.

9. Liability

The Seller shall be liable to the Buyer only for actual damages that could have been foreseen at the time the contract was concluded.

Limitations of liability shall not apply to Consumers if such limitations would restrict their statutory rights.

The Seller shall not be liable for damages resulting from improper use of the Goods by the Buyer.

10. Force Majeure

In the event of circumstances constituting force majeure (e.g., natural disasters, wars, strikes, system failures) that prevent or delay performance of the contract, the Seller shall be released from liability for non-performance for the duration of such circumstances.

The Seller is obliged to inform the Buyer of the occurrence of such events.

11. Personal Data Protection (GDPR)

The controller of personal data is KegX Sp. z o.o., ul. Szańcowa 44, 01-458 Warsaw, Poland.

Personal data are processed for the purposes of order execution, customer service, accounting, and possible claim enforcement – in accordance with Article 6(1)(b) and (f) of Regulation (EU) 2016/679 (GDPR).

Data subjects have the right to access, rectify, delete, limit processing, transfer their data, and object to processing.

Detailed information on data processing is provided in the Privacy Policy available on the Seller’s website.

12. Governing Law and Jurisdiction

All contracts concluded by KegX Sp. z o.o. shall be governed by Polish law.

For Consumers, the competent court shall be the common court according to the provisions of the Polish Code of Civil Procedure – based on the Consumer’s place of residence or the Seller’s registered office.

For disputes between entrepreneurs (B2B), the competent court shall be the court having jurisdiction over the Seller’s registered office.

If any provision of these GTCS is found invalid, the remaining provisions shall remain in force.

13. Complaints and Contact

Complaints should be sent by e-mail to kegx@kegx.pl

 or by post to:

KegX Sp. z o.o., ul. Szańcowa 44, 01-458 Warsaw, Poland.

A complaint should include the Buyer’s data, order number, description of the defect, and the Buyer’s request.

The Seller will confirm receipt of the complaint within 14 days and inform the Buyer of the method of resolution.