These General Terms and Conditions of Sale set out the rules for the sale of furniture by Mr. Michał Balak, conducting business activity under the name MB Michał Balak, with its registered office at ul. Zygmunta Kuźmy 99, 34-105 Stanisław Górny, with tax identification number NIP 551-264-23-94, REGON 384835684, to Buyers who are Entrepreneurs and apply to all Sales Agreements concluded between the Seller and the Buyer who is an Entrepreneur, subject to paragraph 3 below.
These General Terms and Conditions form an integral part of the Sales Agreement.
Online sales are governed by separate terms and conditions of sale specified in the separate regulations of the online store available at www.tabell.eu.
In the event of any discrepancies between the content of the Agreement or the GTC, the provisions of the Agreement shall take precedence, followed by the GTC.
DEFINITIONS
The terms used in these General Terms and Conditions of Contract shall be understood as follows:
Seller – Mr. Michał Balak, conducting business activity under the name MB Michał Balak, company headquarters: ul. Zygmunta Kuźmy 99, 34-105 Stanisław Górny, with tax identification number NIP 551-264-23-94, REGON 384835684, within the scope of which he sells Goods.
Buyer – An entrepreneur who has concluded a Sales Agreement.
Entrepreneur – a natural person, legal person, or organizational unit that is not a legal person, to which a separate law grants legal capacity, conducting business activity on its own behalf, not being a consumer within the meaning of Article221 of the Civil Code.
Sales Agreement or Agreement – an agreement concluded between the Seller and the Buyer, the subject of which is the sale of Goods to the Buyer, based on the Order and Order Acceptance.
Goods – movable items/services covered by the Sales Agreement, sold by the Seller after the Buyer has placed an Order.
Order – a declaration of intent by the Buyer aimed directly at concluding a Sales Agreement, which does not constitute an offer within the meaning of the Civil Code.
Offer – a declaration of intent made by the Seller, addressed to the Buyer, made as a result of receiving the Order, aimed directly at concluding a Contract for the sale of the Goods specified therein, for a specified price, governed by the provisions of Articles 66-70 of the Civil Code. The Offer may contain additional provisions concerning the future Agreement, in particular concerning the rules of payment, the rules of bearing the costs of transport of the Goods, and the date of completion of the Order.
Personal data - personal data within the meaning of Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119 of 04.05.2016, p. 1, as amended).
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119 of 04.05.2016, p. 1, as amended)
Working days - days from Monday to Friday, excluding public holidays.
GTC - these General Terms and Conditions, which form an integral part of the Agreement.
Parties – Seller and Buyer.
CONCLUSION OF THE AGREEMENT
Commercial brochures, advertisements, price lists, catalogs, information contained in electronic media, as well as on data carriers, etc., used by the Seller, do not constitute an offer to conclude a Contract, but only an invitation to negotiate.
The Buyer places Orders, which do not constitute an offer to conclude a Contract within the meaning of the Civil Code. After placing an Order, the Seller contacts the Buyer to determine the individual terms and characteristics of the Goods, and then sends the Buyer an Offer to the e-mail address provided when placing the Order, together with an accounting document (invoice).
The Seller declares that it is bound by the Offer for a period of 7 (seven) days from the date of its submission. During the period of validity of the Offer, the Buyer may accept the Offer without the need to obtain additional confirmation from the Seller, i.e., pay for the Order in accordance with the Offer. After the specified period, the Offer expires.
The Sales Agreement is concluded upon acceptance of the Offer, upon timely payment of the advance payment by the Buyer specified in the Agreement, to the Seller's bank account indicated on the advance invoice. Payment is made upon crediting the Seller's bank account.
Incomplete payment or payment after the deadline specified in the Agreement, at the Seller's discretion, entitles the Seller to withdraw from the Agreement within 7 (seven) days from receipt of such payment to withdraw from the Agreement and return the payment made by the Buyer, in which case the Agreement shall be deemed not to have been concluded, or to accept the payment received after the payment deadline, confirming the conclusion of the Agreement. Failure by the Seller to respond within 7 days shall be deemed confirmation of the conclusion of the Agreement.
By making the advance payment specified in the Agreement, the Buyer confirms that they have read the Agreement, the Warranty Card, and the General Terms and Conditions, and accepts the content therein.
The Seller reserves the right to inform the Buyer after accepting the Offer about the unavailability of the Goods covered by the Agreement, specified in the Seller's price lists, catalogs, advertisements, etc. Such unavailability does not constitute grounds for the Buyer to make any claims for damages against the Seller.
The Seller reserves the right of ownership of the Goods sold until the Buyer has made all payments under the Sales Agreement, including the full sale price together with any interest and other costs, if any. In the event of a delay in payment, the Seller has the right to demand the return of the goods at the Buyer's expense, without having to withdraw from the agreement.
The Buyer may not encumber the Goods subject to retention of title with rights in favor of third parties. In the event of seizure of such Goods, the Buyer shall immediately notify the person performing the seizure, the person on whose behalf the seizure was performed, and the Seller. The combination or attachment of goods subject to the Seller's retention of title with another item shall not result in the expiry of the retention of title. The Seller acquires a share in the ownership of the item created by the combination or attachment.
Any amendments or additions to the Agreement must be made in writing, otherwise they shall be null and void.
Sellers are not bound by the Buyer's general terms and conditions of contract or other regulations, contract templates, and provisions not confirmed by the Seller. The mere sending of general terms and conditions of contract or other regulations, contract templates and provisions by the Buyer to the Seller does not mean that they are accepted by the Seller. Acceptance by the Seller of general terms and conditions of contract or other regulations, contract templates and provisions requires the Seller's written consent to be valid.
If, after concluding the Agreement, the Seller, as a result of verifying the information obtained from available sources, becomes aware that the Buyer's performance has become doubtful due to their financial situation, and the Seller was not aware of this on the date of concluding the Agreement, the Seller shall be entitled to refrain from delivering the Goods to the Buyer until the final Price resulting from the invoice has been paid or appropriate security has been established by the Buyer in favor of the Seller.
If, after the delivery of the Goods in accordance with the Agreement, the Buyer becomes insolvent, the Seller may demand performance regardless of the payment term specified on the invoice.
GOODS
The colors of the Goods presented in catalogs, brochures, samples, and any other materials provided by the Seller are illustrative and may differ from the actual color.
Goods made of natural materials, such as wood, may differ in shade, grain, texture, and the presence of natural knots or discoloration, which results from the individual characteristics of the raw material and is a natural property of the material, not a defect in the Goods. Differences resulting from the natural properties of the material do not constitute grounds for returning or complaining about the Goods.
The dimensions of the Goods are approximate. Actual dimensions may vary by +/- 5%.
The Seller recommends using the free wood color chart and fabric samples available from the Seller, which are for illustrative purposes only, before accepting the Offer.
TERMS OF PAYMENT
All payments for Goods, including delivery costs, are specified in the Sales Agreement.
The Seller notes that the total price of the Order consists of the price for the Goods and, if applicable, the costs of delivery of the Goods and any other costs that the Buyer will be required to bear in connection with the performance of the Sales Agreement (hereinafter collectively referred to asthe "Price").
All prices indicated in the Sales Agreement are net prices, which are subject to value added tax (VAT), if applicable, at the applicable rate.
The price is expressed in PLN (Polish zloty).
The date of payment shall be the date on which the Seller's bank account specified in the Agreement is credited.
Payment shall be made on the basis of an invoice issued by the Seller, within the time limit specified in the invoice issued by the Seller, by bank transfer to the Seller's bank account. The payment period shall run from the date of issue of the invoice.
In the event of a delay in payment by the Buyer, the Seller shall have the right to suspend the performance of the Sales Agreement and charge statutory interest for delay in commercial transactions starting from the day following the payment date indicated on the invoice, as well as compensation for the costs of debt recovery in accordance with the Act of March 8, 2013 on counteracting excessive delays in commercial transactions.
The Seller undertakes to send the original invoice to the Buyer's email address specified in the Sales Agreement. The Buyer hereby agrees to receive invoices electronically.
DEADLINE
The Seller shall proceed with the fulfillment of the Order only after it has been paid for in accordance with the Sales Agreement.
The Order completion date is set individually and is usually between 14 and 16 weeks, depending on the selected Goods and the terms of the Agreement, and is counted from the date of payment for the Order in accordance with the Agreement. The Goods will be shipped by the Seller within the time limit and in the manner specified in the Sales Agreement.
The Seller reserves that the Order completion date may be extended by the duration of an obstacle arising from circumstances beyond the Seller's control, e.g., late delivery by a subcontractor, random events, unforeseeable disruptions in the company's operations, material or raw material shortages, production or logistical restrictions, of which the Buyer will be immediately informed.
If the Sales Agreement covers Goods with different delivery dates, the Order shall be fulfilled within the time limit applicable to the Goods with the longest delivery date, unless the Parties have agreed otherwise in advance.
DELIVERY TERMS
The Buyer shall bear the delivery costs, unless the Parties agree otherwise.
Delivery costs do not include the service of carrying the Goods inside.
Delivery is available in Poland as well as abroad.
Deliveries of Goods shall be made on Business Days, between 8 a.m. and 4 p.m., unless the Parties agree otherwise.
Delivery shall be made to the address specified by the Buyer. The Seller shall deliver the Goods on its own or hand them over to a carrier. It is possible to collect the Goods in person at the Seller's premises after the Parties have agreed on the date of collection and the Order has been paid for in accordance with the Agreement.
The Seller shall notify the Buyer of the delivery before the scheduled delivery date. The notification may be made by telephone or e-mail using the contact details contained in the Sales Agreement.
The Buyer shall immediately notify the Seller of any delay in delivery if the shipment is not delivered within 7 days from the planned delivery date indicated by the Seller, on the day of expiry of that period.
The Seller shall not be liable for failure to deliver the Goods for reasons attributable to the Buyer, e.g., as a result of providing an incorrect delivery address.
In the event of shipping Goods to locations that cannot be reached by a delivery truck/courier in accordance with applicable law, e.g., streets closed to traffic, city centers, the Buyer is obliged to ensure conditions or permits for delivery trucks to pass. The Seller reserves the right to deliver the Goods as close as possible to the delivery location to which the Goods can be delivered in accordance with the law.
The Seller may, at its discretion, deliver the Goods in stages (batches). The Buyer may not refuse to accept partial performance.
Insurance of the shipment of Goods shall only be arranged at the Buyer's request and at their expense.
The Buyer is obliged to remove and dispose of, at their own expense and in accordance with generally applicable regulations, any packaging or packaging elements remaining after the transport of the Goods.
TERMS OF DELIVERY
The Buyer is obliged to inspect the Goods immediately, no later than on the day of receipt of the Goods, in order to verify the conformity of the Goods with the Sales Agreement (i.e., the completeness of the order, the quality of the delivered Goods, and any damage and suitability for the agreed use).
Any reservations regarding the quantity or quality of the Goods should be reported to the Seller in writing or in document form to the following address: kontakt@tabell.eu, no later than within 1 calendar day from the date of receipt of the Goods.
If the Goods are sent to the place of delivery via a carrier, the Buyer is obliged to immediately (i.e., upon receipt of the Goods and in the presence of the carrier's representative or driver) inspect the condition of the shipment and take the necessary steps to determine the carrier's liability for damage caused during transport (damage or loss of the shipment). In particular, together with the carrier's representative or driver, formally determine the condition of the shipment, specify the damaged or missing quantity and the circumstances of the damage or loss, report any reservations to the report with justification, indicate any difficulties in determining the shipment data, and immediately (i.e., on the same day) notify the Seller of the above and send the goods receipt report.
Failure to inspect the Goods in accordance with section 1 above or failure to report any reservations within the time limit or in the manner specified in sections 2 and 3 above shall constitute acceptance of the Goods by the Buyer. Acceptance of the shipment without reservations or failure to report damage, loss, or delay in delivery within the above-mentioned time limit shall result in the expiry of all claims of the Buyer against the Seller that may be related to the transport service (in particular claims related to damage or loss of the shipment). The Buyer loses the right to invoke them in the future.
The Buyer shall be liable to the Seller if, as a result of the Buyer's negligence, in particular due to a delay in checking the shipment, the Seller is deprived of the possibility of pursuing claims against the carrier or the carrier's liability is limited for this reason. The Buyer shall be obliged to cover the Seller's losses arising from this.
All costs incurred in connection with the inspection and notifications referred to in section VIII, paragraphs 1-4 of the General Terms and Conditions shall be borne by the Buyer.
If the Buyer fails to collect the Goods, the Seller shall be entitled to:
charging a storage fee for the Goods in the amount of 1 (in words: one) % of the Net Price of the Goods for each day of storage; and
charging a contractual penalty for delay in collecting the Goods in the amount of 1 (in words: one) % of the net price of the Goods for each day of delay; and
charge the Buyer with the costs of redelivery of the Goods, provided that such delivery is agreed by the Parties.
If the Buyer fails to collect the Goods from the Seller within 90 days of the original delivery date, the Seller shall be entitled to retain all payments made by the Buyer under the Sales Agreement and to dispose of the Goods at the Seller's expense and risk.
The Seller may claim compensation exceeding the value of contractual penalties due to it from the Buyer under the GTC or the Agreement if the amount of damage incurred by it exceeds the value of the reserved contractual penalty.
COMPLAINTS AND LIABILITY
By granting a warranty for the Goods, the Seller excludes liability towards the Buyer under the warranty for physical defects of the Goods (Article 558 et seq. of the Civil Code).
The Seller shall not be liable for any damage resulting from improper use, installation, or maintenance of the Goods by the Buyer.
The Seller shall only be liable for actual damage caused by intentional fault. In all other respects, the Seller's liability is excluded.
The Seller's liability is limited to the value of the Sales Agreement.
The seller is not responsible for the actions and omissions of third parties, including postal service providers, Internet service providers, etc.
The benefits and burdens, along with the risk of accidental loss or damage to the Goods, shall pass to the Buyer at the moment the Seller entrusts them to a carrier (courier company) specializing in the transport of such items for delivery to the Buyer. In such a case, the Seller shall not be liable for the actions or omissions of the carrier (courier company), in particular for the loss, shortage, or damage to the Goods arising from the moment of acceptance of the Goods for transport until their delivery to the Buyer, as well as for any delay in the transport of the shipment.
The Buyer is not entitled to withdraw from the Agreement, as the Goods are manufactured to the Buyer's individual order, according to the Buyer's specifications.
Goods ordered by the Buyer are not returnable or exchangeable. In the event of a return of Goods agreed upon by the Parties, the date of return shall be deemed to be the date of delivery to the Seller's warehouse, and the Buyer may be charged for the costs incurred by the Seller until the date of cancellation.
WARRANTY
The Seller provides a warranty for the Goods exclusively within the scope and under the conditions specified in the Warranty Card.
The seller has the right to refuse to take action under the warranty until the entire Price has been paid. Once the outstanding financial obligations have been settled, action under the warranty will be taken.
The rules for filing warranty claims are specified in the Warranty Card.
FORCE MAJEURE
Each Party shall be exempt from liability for any delay in the performance of its obligations in the event of Force Majeure.
The term "Force Majeure" refers to all cases of an extraordinary nature, unforeseen circumstances that arise after the Agreement enters into force and which prevent the fulfillment of obligations arising from it, such as: natural disasters, sanctions, technical disasters, industrial accidents, revolutions, rebellions, military coups, coups d'état, civil wars, pandemics, all types of ionizing or radioactive radiation, general strikes, general mobilization, war, closure of state borders to the free movement of goods and services.
In connection with the occurrence of Force Majeure, the terms of the agreement shall be extended by the duration of Force Majeure and the period necessary to resume work suspended due to the occurrence of Force Majeure circumstances.
The Website is obliged to report the occurrence of Force Majeure (along with a detailed description of what constitutes Force Majeure) within 14 days of the occurrence of Force Majeure.
PERSONAL DATA AND CONFIDENTIALITY
The Parties undertake to keep confidential all information concerning the conclusion, content, and performance of the Agreement and agreements concluded in connection with the performance of the Agreement.
All information and documents of a technical, technological, commercial nature or related to the organization of the Party's enterprise, obtained by the other Party during the performance of (validity) of the Agreement shall be treated as strict business secrets within the meaning of Article 11(4) of the Act of April 16, 1993, on combating unfair competition, regardless of whether the Party has taken the necessary measures to preserve their confidentiality.
The Party shall bear full responsibility for damage caused to the other Party by the transfer, disclosure, or use of information constituting a trade secret of the other Party, as well as information specified in section XII(1) of the General Terms and Conditions, regardless of whether such actions threaten the vital interests of the other Party.
The Parties are authorized to disclose information concerning the conclusion, content, and performance of the Agreement only to authorized authorities or institutions, at their request.
The Parties agree that the obligations referred to in this paragraph shall remain binding on the Parties even after the termination or expiration of the Agreement.
If the performance of the Agreement involves any operations on Personal Data, the Parties undertake to act in this regard in accordance with the applicable provisions on the protection of personal data, i.e. in particular the GDPR, as well as the provisions of the Personal Data Protection Act.
FINAL PROVISIONS
The Buyer may not transfer its claims against the Seller to third parties without the Seller's consent, expressed in writing under pain of nullity. The Buyer may not set off its claims against the Seller against the Seller's claims against the Buyer.
All notifications and other correspondence arising from the Agreement shall be made in writing under pain of nullity and shall be sent to the Party to whom they are addressed by courier or registered mail to the addresses indicated in the header of this Agreement.
Each Party shall promptly notify the other Party of any change of address. Until the other Party has been duly notified of such change, all notices and correspondence sent to the address specified in this Agreement shall be deemed to have been duly delivered 14 days after the date of dispatch.
The changed address for service must be located within the territory of the Republic of Poland, otherwise the notification of the change of address will be invalid.
In matters not covered by these GTC and the Agreement, the relevant provisions of generally applicable law, including the Civil Code, shall apply.
Any disputes between the Parties shall be settled amicably in the first instance, and in the event of failure to reach an agreement, they shall be settled by the court having jurisdiction over the Seller's registered office.
If any provision of the Agreement or the GTC proves to be invalid/ineffective, the Agreement and the GTC shall remain in force in their remaining scope, and the invalid/ineffective provisions shall be replaced by valid/effective provisionsthat are closest in purpose to the invalid/ineffective provisions. In particular, the invalidity of individual provisions of the Agreement or the GTC shall not affect the validity of the remaining provisions of the Agreement or the GTC.
The General Terms and Conditions shall enter into force on October 1, 2025, and shall remain in force until revoked.
