Terms of trade

General information

1. Foil Group – is the trade name of the producer group involved in the manufacture and sales of advertising and promotional materials, carrying out its business activity under the following names:
a/ P.H.U. MTJ Małgorzata Jerz having its registered office in Poland, 80-017 Gdańsk,
Trakt Św. Wojciecha 223/225, NIP (Tax Id. No.) PL7991717262
b/ Battechnik Maciej Jerz having its registered office in Poland, 26-500 Szydłowiec,
Pl. Konopnickiej 14, NIP PL7991848900
2. By undertaking cooperation with the aforementioned companies, the Customer represents that it has read the terms of cooperation and accepts them fully.

Terms of cooperation

1. The written confirmation of an order, including by e-mail, means the conclusion of a purchase-sale agreement between the party placing the order, hereinafter referred to as the Customer, and the Seller, hereinafter referred to as Foil Group on the terms and conditions herein specified.
2. Orders shall be fulfilled only after receipt, including by e-mail, of a written approval of the design and/or sample. In specific cases it may be required to send a confirmation of payment of all or part of the order value in the currency specified in the sale document to the bank account indicated by Foil Group.
3. Foil Group reserves the right to refuse or delay the fulfilment of an order or to change the negotiated selling price, if:
a/ the order does not exceed the minimum order quantity for a given range of goods;
b/ the lead time required by the Customer is shorter than the lead time specified in the offer or the enquiry;
c/ the Customer is in default with payment of overdue invoices;
d/ the Customer has failed to fulfil its obligation to send the files in the required format.
4. The quotations sent to the Customer in an electronic form become invalid 7 days after sending.
5. The Customer shall send a correct file, in the vector graphic (curves) format.

Complaints

1. Complaints should be filed promptly, i.e. not later than 7 days after receipt of the goods.
Complaints shall be sent in a written form to the following e-mail address office@amgsgroup.com and the reasons for filing the complaint shall be given.
2. Complaints filed after 7 days from the date of receipt of the goods shall not be considered.
3. Complaints shall be considered only if the goods are found not to be in compliance with the order specifications.
4. Any errors in print due to the Customer’s fault, i.e. originating as a result of sending files containing errors, shall not be subject to complaint.
5. As the settings of particular monitors may differ significantly, the shades of colours shall also not give rise to a complaint. Please pay attention to the description of the products or the purchase specimen.
6. As orders are fulfilled using materials from various deliveries, slight differences in the shades of materials and the colours of prints when orders are placed on the basis of the specimen purchased or in the case of additional printing of previously made products, shall also not be subject to complaint.
7. The damage, loss or delay of the shipment during transportation shall not be subject to complaint. For the loss, damage or delay of a shipment a complaint shall be filed with the carrier. This factor is outside the control of Foil Group.
8. Foil Group shall not bear liability for the non-performance or improper performance of its obligations, if the non-performance or improper performance results from circumstances caused by force majeure, e.g. natural disasters, earthquakes, cyclones, storms, fog, strikes, wars, riots, road blocks, changes in national and/or foreign regulations.
9. The liability of Foil Group for any damage done to the Customer (regardless of the legal basis) shall be limited to the value of the order and/or service to which the claim refers.
10. Foil Group shall bear liability only for damage actually suffered. It shall not bear any liability for the profits the Customer could have earned if it had not suffered damage (lost profits).

Final provisions

1. Foil Group reserve the rights to amend these terms.
2. To any matters not regulated herein the relevant provisions of the Civil Code shall apply.
3. Any disputes arising between the Seller and the Customer, who is a Consumer as defined by Article 22¹ of the Civil Code, resulting from the order placed shall be resolved by the competent common courts in accordance with the Code of Civil Procedure.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be resolved by the courts having jurisdiction over the registered office of the Seller.