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General terms of sale

These General Terms and Conditions of Sale (hereinafter referred to as “GTCS“) define the rules for concluding contracts for the sale of products whose seller is A-SENSE Spółka z o.o. with its headquarters in Puławy, address: Ignacego Mościckiego 1 street, 24-110 Puławy, registered in the Register of Entrepreneurs kept by the Regional Court Lublin East in Lublin, with its headquarters in Świdnik, VI Commercial Division of the National Court Register, under the KRS number 0000313617, having NIP 9512271586 and REGON 141657021, with a share capital: PLN 50,000.00, fully paid up (hereinafter referred to as the “Seller“).

These GTCS are an integral part of all sales contracts concluded by the Seller with:

  1. legal persons,
  2. organizational units without legal personality, which run a business activity,
  3. natural persons who run a business activity and the contract concluded has a professional character for this person, resulting in particular from the object of its business activity

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

The GTCS cannot be applied to all contracts concluded by the Seller:

  1. with Consumers (defined below),
  2. with natural persons who run a business activity and the contract concluded does not have a professional character for this person, resulting in particular from the object of its business activity,
  3. through the online store available at https:/a-sense.pl/sklep

§ 1 [Definitions]

These GTCS shall have the following meanings of the following terms:

“Customer” – a person interested in purchasing a Product from /Products from the Seller – or depending on the context, a person who purchased the Product / Products from the Seller on the basis of the contract – being:

  1. a legal person;
  2. an organizational unit without legal personality which runs a business activity; or
  3. a natural person who runs a business activity and the contract concluded has a professional character for this person, resulting in particular from the object of its business activity.

“Consumer” – a natural person with full capacity for legal actions, concluding a contract with the Seller not directly related to its business or professional activity.

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

“Order Confirmation” – has the meaning given in § 2 section 5 of the GTCS.

“Product” – a chemical product being, at a given time, in the Seller’s offer, in particular synthetic nicotine, nicotine, nicotine’s salts, aromas, snuss, ingredients for shisha.

“GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of this data, and repealing Directive 95/46/EC (General Data Protection Regulation).

“Seller” – A-SENSE limited liability company with its headquarters in Puławy, address: Ignacego Mościckiego 1 street, 24-110 Puławy, registered in the Register of Entrepreneurs kept by the Regional Court Lublin East in Lublin, with its headquarters in Świdnik, VI Commercial Division of the National Court Register, with KRS number 0000313617, having NIP 9512271586 and REGON 141657021, with a share capital: PLN 50,000.00, fullypaid.

„Contract” – has the meaning given in § 2 section 6 of the GTCS.

§ 2 [Conclusion of the Contract]

  1. Customers may notify the Seller of their interest in the Products by letter, telephone or e-mail. Current contact details of the Seller enabling the Customer to contact the Seller and report interest in the Products can be found on the website https://sense.cleancodeas.pl/kontakt-z-nami
  2. Once the Seller receives the notification referred to above in section 1, it may verify the entity sending the notification in order to determine whether this entity is an entrepreneur, and in the case of natural persons conducting business activity, whether the purchase of products covered by the notification has a professional character for such a person, resulting in particular from the subject of its business activity. This verification will take place on the basis of data publicly available in the relevant public registers, i.e. the Central Register and Information on Business Activity or the National Court Register. In the case of foreign entities, each such entity, at the request of the Seller, will provide the Seller with documents that, in the Seller’s opinion, will allow such verification to be carried out.
  3. During transferring data, based on sections 1 and 2 above, the person providing the data to the Seller must provide true data. The Customer is responsible for providing false data. The Seller reserves the right to suspend the execution of the order in a situation, when the Customer has provided false data or when these data raise reasonable doubts of the Seller as to their correctness. In this case, the Customer will be informed by phone or e-mail about the Seller’s doubts. In this situation, the Customer has the right to clarify all circumstances related to the verification of the truth of the data provided. In the case of absence of data allowing the Seller to contact with the Customer, the Seller will provide all explanations after the Customer has made contact.
  4. The Customer represents that all data provided by him to the Seller pursuant to the procedure specified above in sections 1 – 3 are true, and the Seller is not obliged to verify their truthfulness and correctness, although he has this right in accordance with section 2 mentioned above.
  5. Each time after receiving the notification referred to in section 1 above, and after verification of the Customer’s status in the manner specified above in section 2 and 3 above, the parties shall agree without any undue delay and in good faith all detailed terms and conditions of 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 Product price, terms and conditions of delivery. Once the parties agree on all the detailed terms and conditions under which the Seller will sell the Product (or Products) to the Customer, the Seller will immediately confirm to the Customer – via e-mail, to the correspondence address indicated by the Customer – all agreed conditions (hereinafter referred to as the “Order Confirmation“). Each Order Confirmation shall be prepared by the Seller in the form attached to these GTCS.
  6. Each Order Confirmation shall constitute a 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 a contract (hereinafter referred to as the “Contract“) in this respect, the terms of which are binding upon the parties. These GTCS constitute an integral part of each Contract unless the parties have agreed otherwise in the Contract.
  7. The Customer shall notify the Seller of any cessation or suspension of business activity by the Seller, and this notification should take place before submitting the next demand for the Products.

§ 3 [Forms of delivery and methods of payment]

  1. The method of delivery will be determined by the parties in the Contract.
  2. Delivery costs shall be incurred by the Seller, unless the Contract constitutes, that the delivery costs are incurred by the Customer.
  3. The Seller has the right to decide about divide the order into several separate shipments without incurring additional costs by the Customer.
  4. The detailed conditions of payment will be specified by the parties in the Contract.
  5. Each invoice documenting the sale will be delivered to the Customer electronically, to which the Customer agrees. The e-mail address to which the Customer will receive the invoice will be the e-mail address to which the Seller sent the Order Confirmation or a different e-mail address indicated by the Customer.

§ 4 [Order executing]

  1. The execution of the order consists in completing the ordered Products, packing them in order to deliver to the Customer and sending the parcel to the Customer in accordance with the form of delivery of the order specified by the parties in the Contract.
  2. The order is considered as completed, when the shipment is sent to the Customer (entrusting the shipment to the carrier engaged in transport).
  3. The time of order execution is specified by the parties in the Contract.

§ 5 [Products. Hazardous substances.]

  1. The Seller informs the Customer, and the Customer acknowledges that:
  1. each Product may be used only in accordance with its intended purpose specified in the Order Confirmation or the Product safety data sheet, in particular Products containing nicotine are not used for consumption in electronic cigarettes,
  2. 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 Product safety data sheet.
  1. The Seller informs the Customer that the Products offered to him, due to their intended use, may contain hazardous substances, as well as mixtures or solutions of these substances, in particular substances or mixtures within the meaning of Article 2 point 31 of the Act of 25 February 2011 on chemical substances and their mixtures (Journal of Laws of the Republic of Poland, Number 63, item 322, as amended).
  2. The Customer who purchases from the Seller a Product containing hazardous substances, referred to in section 2 above represents that:
  1. has the knowledge and experience, as well as equipment necessary to deal with hazardous substances contained in the purchased Products,
  2. is aware of the risk in relation to dealing with hazardous substances.
  3. The Seller is not responsible for the use of hazardous substances inconsistent with its intended purpose or for damage to health and life resulting from improper storage or processing of hazardous substances.

§ 6 [Liability of the Seller]

  1. The Seller’s warranty for defects of the Product sold to the Customer is excluded.
  2. The Seller’s liability for non-fulfilment or improper fulfilment of an obligation under the Contract, is limited to an amount equivalent to the net price of the Product/Products, being the subject of such Contract.

§ 7 [Personal data]

  1. The administrator of the Customer’s personal data is the Seller.
  2. Submitting by the Customer to the Seller a notification of the Customer’s interest in the Products and providing data in accordance with the provisions of § 2 sections 1 – 3 is tantamount with consent to the storage and processing by the Seller of the Customer’s personal data provided to him, in accordance with mandatory legal provisions.
  3. The Customer’s personal data is processed for the following purposes and based on the following legal bases:
  1. conclusion and execution of the Contract – Article 6, section 1, letter b of the GDPR,
  2. execution of tax and accounting obligations – Article 6, section 1, letter c of the GDPR,
  3. defending, pursuing or establishing claims related to the Contract, which is a legitimate interest executed by the Seller – Article 6, section 1, letter f of the GDPR,
  4. creating an archive for the purpose of possible need to defend, establish or pursue claims – Article 6, section 1, letter f of the GDPR,
  5. handling the inquiries directed by Customers who have not yet led to the conclusion of the Contract, which is a legitimate interest executed by the Seller – Article 6, section 1, letter f of the GDPR,
  1. In the processes of processing personal data, as processing entities, may participate: hosting provider, software providers in which personal data are processed (e.g. mailing system, invoice system, CRM system), subcontractors gaining access to personal data in relation with the execution of their duties or services commissioned to them. All processing entities are related with the Seller by contracts for entrusting the processing of personal data and they guarantee an appropriate level of protection of personal data.
  2. Personal data may be transferred to courier companies in order to deliver of the orders and law offices in order to provide legal assistance to the Seller, if this assistance will require access to personal data. In addition, personal data may be transferred to tax offices in necessary range to execute tax and accounting obligations and to entities, authorities or institutions authorized to access data on the basis of legal provisions, such as police, security service, courts, prosecutors.
  3. The User’s personal data are deleted after the expiry of the limitation period from the Contract concluded with the administrator, with the exception of data contained in the accounting documentation, which are stored for the period required by law.
  4. Customer’s rights related to the processing of personal data: the right to request from the Seller access to personal data, rectification, deletion, limitation of processing, the right to object to processing, the right to transfer data, the right to withdraw consent to the processing of personal data, the right to bring a complaint to the President of the Office for Personal Data Protection.
  5. Providing personal data by the Customer is voluntary, but necessary to contact with the Seller, conclude and execute the Contract.
  6. Details related to personal data and cookies are described at a-sense.pl/polityka-prywatnosci and a-sense.pl/rodo

§ 8 [Final provisions]

  1. The Seller reserves the right to make changes to the GTCS. The Contracts concluded before the amendment of the GTCS, shall be followed by the GTCS in force on the date of conclusion of the Contract.
  2. The law applicable for Contracts is the Polish law.
  3. Any disputes related to the Contract will be considered by the Polish common court competent for the place of permanent running business activity by the Seller.
  4. These GTCS have been drawn up in the Polish language version. If the Seller prepares the GTCS in a different language version and there are discrepancies between the Polish version and the version in another language, the Polish version shall prevail.

Annex to the General Terms and Conditions of Sale

Order Confirmation Template