General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) define the rules for concluding sales contracts for products sold by A-SENSE Limited Liability Company with its registered office in Poniatowa, address: ul. Przemysłowa 46, 24-320 Poniatowa, Poland registered in the Register of Entrepreneurs kept by the District Court Lublin Wschód in Lublin, with its registered office in Świdnik, 6th Commercial Division of the National Court Register, under KRS number 0000313617, with VAT No.: 9512271586 and REGON 141657021, with share capital: PLN 100,000.00, paid in full (hereinafter referred to as the “Seller”).

These GTC are an integral part of all sales agreements concluded by the Seller with:

  1. legal persons,
  2. organizational units without legal personality that conduct business activity,
  3. natural persons conducting business activity, where the agreement concluded is of a professional nature for such a person, resulting in particular from the subject of their business activity

– with the exception of agreements concluded by the Seller through the online store available at https://a-sense.pl/sklep/

The OWS does not apply to any contracts concluded by the Seller:

  1. with Consumers (defined below),
  2. with natural persons who conduct business activity, and the contract concluded is not of a professional nature for such a person, resulting in particular from the subject of their business activity,
  3. through the online store available at https://a-sense.pl/sklep/

§ 1 [Definitions]

In these GTC, the following terms shall have the following meanings:

“Customer” (also referred to as “Buyer”) – a person interested in purchasing a Product/Products from the Seller – or, depending on the context, a person who has purchased a Product/Products from the Seller under the Agreement – being:

  1. a legal person;
  2. an organizational unit without legal personality that conducts business activity; or
  3. a natural person who conducts business activity and for whom the concluded Agreement is of a professional nature, resulting in particular from the subject of their business activity.

“Consumer” – a natural person with full legal capacity who enters into a contract with the Seller that is not directly related to their business or professional activity.

“GTCS” – these General Terms and Conditions of Sale.

“Order Confirmation” – has the meaning given in § 2(5) of the GTS.

“Product” – a chemical product currently offered by the Seller, in particular synthetic nicotine, nicotine, nicotine salts, flavorings, snus, shisha ingredients, chemical raw materials, and cosmetic raw materials.

“GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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).

“Seller” – A-SENSE Limited Liability Company with its registered office in Poniatowa, address: ul. Przemysłowa 46, 24-320 Poniatowa, Poland registered in the Register of Entrepreneurs kept by the District Court Lublin Wschód in Lublin, with its seat in Świdnik, 6th Commercial Division of the National Court Register, under KRS number 0000313617, with VAT No.: 9512271586 and REGON 141657021, with share capital: PLN 100,000.00, paid in full.

“Agreement” – has the meaning given in § 2(6) of the GTC.

§ 2 [Conclusion of the Agreement]

  1. Customers may express their interest in the Products to the Seller by letter, telephone, or email. The Seller’s current contact details, enabling the Customer to contact the Seller and express their interest in the Products, are available at https://a-sense.pl/kontakt/
  2. After receiving the notification referred to in section 1 above, the Seller may verify the entity sending the notification in order to determine whether that entity is an entrepreneur, and in the case of natural persons conducting business activity, whether the purchase of the Products covered by the notification is of a professional nature for such a person, resulting in particular from the subject of their business activity. This verification will be based on data publicly available in the relevant public registers, i.e. the Central Register and Information on Economic Activity or the National Court Register. In the case of foreign entities, such an entity shall, at the Seller’s request, provide the Seller with documents which, in the Seller’s opinion, will allow such verification to be carried out.
  3. When providing data on the basis of paragraphs 1 and 2 above, the person providing the data to the Seller must provide true data. The Customer shall be liable for providing false data. The Seller reserves the right to suspend the execution of the order if the Customer has provided false data or if the data raises reasonable doubts as to its correctness on the part of the Seller. In such a case, the Customer will be informed by phone or email about the Seller’s doubts. In such a situation, the Customer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Customer, the Seller will provide all explanations after the Customer has made contact.
  4. The Customer declares that all data provided by them to the Seller in the manner specified above in sections 1-3 is true, while the Seller is not obliged to verify its truthfulness and correctness, although they have such a right in accordance with section 2 above.
  5. Each time after receiving the notification referred to in paragraph 1 above, and after verifying the Customer’s data in the manner specified in paragraphs 2 and 3 above, the parties shall agree without undue delay and in good faith on all the detailed terms and conditions of the sale of the Product (or Products) by the Seller to the Customer, in particular the type and quantity of the Product, the price of the Product, the terms of payment of the price of the Product, and the terms and conditions of delivery. After the parties have agreed on all the detailed terms and conditions on which the Seller will sell the Product (or Products) to the Customer, the Seller shall immediately confirm to the Customer – by e-mail, to the correspondence address indicated by the Customer – all the agreed terms and conditions (hereinafter referred to as the “Order Confirmation”). The Seller shall draw up the Order Confirmation on a form, a template of which is attached as Appendix 1 to these GTS.
  6. Each Order Confirmation shall constitute confirmation that the parties have reached an agreement on all terms and conditions of sale of the Product (or Products) by the Seller to the Customer and have concluded an agreement in this regard (hereinafter referred to as the “Agreement”), the terms and conditions of which are binding on the parties. These GTCS form an integral part of each Agreement, unless the parties have agreed otherwise in the Agreement.
  7. The Customer shall notify the Seller of any cessation or suspension of its business activity, and such notification shall be made prior to submitting another request for Products.

§ 3 [Delivery methods and payment methods]

  1. The delivery method shall be specified by the parties in the Agreement.
  2. Delivery costs shall be borne by the Seller, unless the Agreement stipulates that delivery costs shall be borne by the Customer.
  3. The Seller has the right to decide to divide the order into several separate shipments without incurring additional costs for the Customer.
  4. The detailed terms of payment shall be specified by the parties in the Agreement.
  5. The invoice documenting the sale shall be delivered to the Customer electronically, to which the Customer agrees. The e-mail address to which the Customer will receive the invoice shall be the e-mail address to which the Seller sent the Order Confirmation or another e-mail address indicated by the Customer.

§ 4 [Order fulfillment]

  1. Order fulfillment consists of completing the ordered Products, packaging them for delivery to the Customer, and sending the shipment to the Customer in accordance with the form of delivery specified by the parties in the Agreement.
  2. The order is considered fulfilled when the shipment is sent to the Customer (entrusted to a carrier engaged in transport).
  3. The parties shall specify the order fulfillment time in the Agreement.

§ 5 [Products. Hazardous substances.]

  1. The Seller informs the Customer and the Customer acknowledges that:
    1. each Product may only be used in accordance with its intended purpose as specified in the Order Confirmation or the Product data sheet, in particular, Products containing nicotine are not intended for use in electronic cigarettes,
    2. The Seller does not guarantee the suitability of the Products for any purposes other than those expressly and specifically specified in the Order Confirmation or the Safet Data Sheet
  2. The Seller informs the Customer that, due to their intended use, the Products may contain hazardous substances, as well as mixtures or solutions of these substances, in particular substances or mixtures within the meaning of Article 2 [31] of the Act of February 25, 2011 on chemical substances and their mixtures (Journal of Laws No. 63, item 322, as amended).
  3. A Customer who purchases from the Seller a Product containing hazardous substances referred to in paragraph 2 above declares that:
    1. they have the knowledge, experience, and equipment necessary to handle the hazardous substances contained in the purchased Products,
    2. they are aware of the risks associated with handling hazardous substances.
  4. The Seller shall not be liable for the use of hazardous substances contrary to their intended purpose or for damage to health and life resulting from improper storage or processing of hazardous substances.

§ 6 [Seller’s Liability]

  1. The Seller’s warranty for defects in the Product sold to the Customer is excluded.
  2. The Seller’s liability for non-performance or improper performance of an obligation under the Agreement is limited to an amount equal to the net price of the Product(s) covered by such Agreement.

§ 7 [Complaints and returns]

  1. The Customer undertakes to verify the quality of the Product immediately after its receipt, but no later than within 7 days after the date of receipt.
  2. Immediately after discovering a defect, the Buyer shall notify the Seller of the non-compliance with the quality parameters, but no later than within 7 days after receipt.
  3. The complaint shall include at least:
    1. the name and quantity of the Product being complained about,
    2. the batch number, Order Confirmation number
    3. the reason for the complaint, description of the defect.
  4. The complaint should be accompanied by: photographic documentation, laboratory analysis results – if the Buyer has them.
  5. Complaints regarding excise goods should be submitted in writing on the form attached as Appendix 2 to these GTC, by e-mail to: kontakt@a-sense.pl. Complaints concerning other products should be submitted in writing to the following address: kontakt@a-sense.pl or by telephone to a sales department employee.
  6. The Buyer loses the right to complain if they have not verified the Product or submitted a complaint in accordance with the provisions of paragraphs 1 and 2.  
  7. The Seller shall confirm receipt of the complaint within 2 working days of its submission. The Seller shall consider the complaint within 14 days of its receipt, subject to the deadlines resulting from legal provisions and the deadlines for considering complaints by the Seller’s subcontractors. The Seller may request the Buyer to return the product subject to complaint. The complaint procedure shall be suspended for the period of waiting for the return of the Products subject to complaint. If the complaint proves to be justified, the Seller shall reimburse the Buyer for the costs incurred by him.
  8. If the Seller does not accept a quality complaint, the dispute shall be settled by an independent verification body selected jointly by the Parties, and in the event of disagreement, by the Seller. Its decision shall be final and binding on both Parties. The costs of the verification body shall be borne by the Seller only if the Seller’s claims prove to be unfounded. In other cases, the costs shall be borne by the Buyer.
  9. The submission of a complaint does not release the Buyer from the obligation to pay for the Product. If the complaint is upheld and the price is reduced, the relevant part of the price paid by the Buyer shall be refunded to the Buyer on the basis of a corrective invoice immediately after confirmation of its receipt by the Buyer.
  10. The Seller shall not be liable under any circumstances for any lost profits incurred by the Buyer.

§ 8 [Personal data]

  1. The Seller is the administrator of the Customer’s personal data.
  2. The Customer’s notification to the Seller of their interest in the Products and the provision of data in accordance with the provisions of § 2 sections 1-3 is tantamount to consent to the storage and processing by the Seller of the Customer’s personal data provided to them, in accordance with applicable regulations.
  3. The Customer’s personal data is processed for the following purposes and on the following legal bases:
    1. conclusion and performance of the Agreement – Article 6(1)(b) of the GDPR,
    2. fulfillment of tax and accounting obligations – Article 6(1)(c) of the GDPR,
    3. defense, investigation, or determination of claims related to the Agreement, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR,
    4. creation of an archive for the purposes of possible defense, establishment or investigation of claims – Article 6(1)(f) of the GDPR,
    5. handling inquiries from Customers who have not yet entered into the Agreement, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the GDPR,
  4. The following entities may participate in the processing of personal data as processors: hosting providers, suppliers of software in which personal data is processed (e.g., mailing system, invoicing system, CRM system), subcontractors who obtain access to personal data in connection with the performance of their duties or services entrusted to them. All processors are bound to the Seller by personal data processing agreements and guarantee an adequate level of personal data protection.
  5. Personal data may be transferred to courier companies for the purpose of delivering orders and to law firms for the purpose of providing legal assistance to the Seller, if such assistance requires access to personal data. In addition, personal data may be transferred to tax offices to the extent necessary to fulfill tax, accounting, and bookkeeping obligations, as well as to entities, authorities, or institutions authorized to access data on the basis of legal provisions, such as police, security services, courts, and prosecutors’ offices.
  6. The Customer’s personal data shall be deleted after the expiry of the limitation period specified in the Agreement concluded with the controller, with the exception of data contained in accounting records, which shall be stored for the period required by law.
  7. The Customer’s rights in relation to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, restrict its processing, the right to object to its processing, the right to transfer data, the right to withdraw consent to the processing of personal data, the right to lodge a complaint with the President of the Personal Data Protection Office.
  8. The provision of personal data by the Customer is voluntary, but necessary to contact the Seller, conclude and perform the Agreement.
  9. Details related to personal data and cookies are described at address https://a-sense.pl/polityka-prywatnosci/ and https://a-sense.pl/rodo/ 

§ 9 [Final provisions]

  1. The Seller reserves the right to amend the GTC. Contracts concluded before the amendment of the GTC shall be governed by the GTC in force on the date of conclusion of the Contract.
  2. The law applicable to the Contracts is Polish law.
  3. Any disputes related to the Agreements shall be settled by a Polish common court having jurisdiction over the place of permanent business activity of the Seller.
  4. These GTC have been drawn up in the Polish language. If the Seller draws up the GTC in another language and there are discrepancies between the Polish version and the version in another language, the Polish version shall be binding.