These Sales Conditions pertain to the commercial cooperation between CleanAccess and Buyers, defining the rights and obligations of the parties in the context of commercial collaboration. Collectively, CleanAccess and the Buyer shall be referred to as the Parties. If the terms of cooperation applied by the Buyer deviate partially orentirely from these Sales Conditions, contradict them, or supplement them, they will not be binding for CleanAccess. Any amendment to these Sales Conditions requires a written form under the penalty of invalidity. Submission of a purchase offer by CleanAccess or acceptance of an offer made by CleanAccess signifies acknowledgment of these Sales Conditions, provided that the correspondence contains a reference to CleanAccess Sales Conditions.
These Sales Conditions apply to the following Buyers:
legal entities,
organizational units not possessing legal personality, granted legal capacity by special regulations,
individuals conducting business activities.
These Conditions are available at: https://clean-access.com/warunki-sprzedazy/ Sales and warranty conditions
II Conclusion of the Agreement, Force Majeure.
In contracts, purchase offers, or statements regarding the acceptance of a sales offer, a Buyer who is a natural person conducting business activities must indicate if the contract being entered into does not have a professional character for the Buyer.
Orders can be placed via email at orders@clean-access.com.
Product specifications and delivery deadlines will be determined in each case in CleanAccess documents (contracts, offers, acceptances of offers) and will be adjusted to the current availability of products.
The prices displayed on the CleanAccess website or in informational materials are merely commercial information and do not constitute an offer within the meaning of the Civil Code. The submission of an order by the Buyer for a specific product at a specified price becomes binding upon confirmation of the acceptance of the order for execution by CleanAccess under the conditions specified by CleanAccess.
If the execution of the order is not possible, CleanAccess is entitled to refuse to execute the order before confirming the acceptance of the order for execution to the Buyer.
Neither Party shall be liable for improper performance or non-performance of its contractual obligations caused by force majeure. By force majeure, the Parties understand external events that are unforeseeable, with effects that cannot be prevented; in particular: natural disasters, war, fire, actions of public authorities, acts of terrorism, production disruptions, strikes, riots, mobilization, terrorist attacks, restrictions on imports or exports, restrictions on intra-community acquisition of goods or services, seizure of means of transport by public authorities, restrictions on the functioning of a Party caused by infectious diseases or their consequences, etc. If either Party is unable to fulfill its contractual obligations due to the occurrence of force majeure, it shall promptly notify the other Party (if possible) of the circumstances, and then the Parties shall make arrangements regarding a change in the deadline or manner of execution of the given obligation.
In the event of occurrences that bear the characteristics of force majeure affecting the ability to properly perform the Agreement by either Party, the Parties undertake to modify the content of the concluded Agreement in such a way as to enable the Party invoking force majeure to fulfill its contractual obligations. Modifications to the content of the concluded Agreement may be made, in particular, through:
changing the deadline for the performance of the Agreement or its part,
temporarily suspending the performance of the Agreement or its part,
changing the manner of performing the Agreement,
changing the scope of non-monetary benefits and the corresponding change in remuneration or
the method of settling remuneration.
The Parties mutually agree to consider justified requests from the Party invoking force majeure regarding the choice of the method of modifying the content of the Agreement.
CleanAccess also has the right to invoke the aforementioned force majeure factors in situations where they affect the fulfillment of obligations by its supplier.
Regardless of the above rights, in the event of obstacles arising at CleanAccess or its supplier in the performance of a non-monetary contractual obligation caused by force majeure as defined above, CleanAccess shall be entitled to withdraw from the Agreement in whole or in part by submitting a relevant written statement to the other Party within 60 days from the day the cause arose. In the event of exercising the right to withdraw, CleanAccess shall not be obliged to compensate for losses incurred by the Buyer resulting from the withdrawal from the agreement and the non-performance of the part of the agreement covered by the withdrawal.
According to the Act of May 30, 2014 on Consumer Rights, a Buyer who is a consumer has the right to withdraw from the sales agreement without giving a reason within 14 days from the date on which the product was taken possession of by the Buyer or by a third party indicated by him other than the carrier, and in the case of an agreement that covers multiple products that are delivered separately, in batches, or in parts – from the moment of taking possession of the last product, batch, or part. To exercise this right, the Buyer is obliged to notify CleanAccess of the withdrawal from the agreement by submitting an unequivocal statement in this regard. To meet the deadline for withdrawal from the agreement, it is sufficient for the Buyer who is a consumer to send information regarding the exercise of the right to withdraw from the agreement before the expiration of the withdrawal period.
In the case of withdrawal from the agreement, CleanAccess will return to the Buyer all payments received from him, including the costs of delivering the product (except for additional costs resulting from the delivery method chosen by the Buyer other than the cheapest standard delivery method offered by CleanAccess), without delay, and in any case no later than 14 days from the day CleanAccess was notified of the exercise of the right to withdraw from the agreement. CleanAccess has the right to withhold the refund until the product is received. The item to be returned in connection with the withdrawal from the agreement should be sent back without delay and in any case no later than 14 days from the day the Buyer informed CleanAccess about the withdrawal from the agreement. The deadline shall be deemed met if the Buyer sends the item back before the 14-day period has expired.
Returned products must be in a condition indicating no signs of use and complete (including all equipment and accessories that are an integral part of them), as well as properly secured for transport.
The Buyer is responsible for the reduction in the value of the product resulting from using it in a manner other than was necessary to ascertain its nature, characteristics, and functioning. In the case of a reduction in the value of the returned product or its delivery in an incomplete state, CleanAccess has the right to seek compensation from the Buyer, to the extent permitted by applicable law.
The right to withdraw from the agreement does not apply to the consumer in cases specified in Article 38 Items 1-13 of the Act of May 30, 2014 on Consumer Rights.
The provisions contained in paragraphs 11-15 above regarding consumers also apply to agreements entered into by a natural person concluding an agreement directly related to their business activity, when it follows from the content of that agreement that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
III Payments
Unless the Parties have agreed otherwise, the applicable form of payment is a prepayment to the account. The Buyer makes a prepayment to the bank account based on the proforma issued after placing the order and its acceptance by CleanAccess. The order will be executed after the funds have been credited to CleanAccess’s bank account, and the execution date results from the acceptance statement of the order. The deadline for payment of the final price will be specified in the agreement, CleanAccess offer, or CleanAccess statement of acceptance of the offer.
CleanAccess may grant the Buyer commercial credit. In this case, orders will be executed continuously provided that the established payment deadlines are adhered to and up to the granted limit. In the event of a breach of the established cooperation conditions, CleanAccess has the right to block the possibility of making purchases in the form of commercial credit. If the granted credit limit is exhausted by the Buyer, the product may be sold upon payment of previous invoices.
IV Quality
CleanAccess guarantees the quality of the offered products in terms of their compliance with the description, intended use, and compliance with the features declared in the product description.
The delivered product should be free from material defects related to its performance and comply with the design.
If any of the products delivered to the Buyer do not meet the above requirements, the Buyer is obliged to promptly notify CleanAccess of this fact.
CleanAccess reserves the right to assess the quality of products in case of doubts raised by the Buyer.
Warranty conditions apply to products repaired under warranty unless the Client has been informed otherwise.
According to food safety system requirements, all tools within the food production facility should be maintained in good condition, not endangering the safety of production. Buyers are obliged to establish and implement cleaning and disinfection methods. Defining these factors not only affects the safety of the produced food but also guarantees an appropriate durability of the assortment according to the conditions of use. It is the responsibility of the Buyer as the owner of the process to verify equipment wear and to replace it when necessary.
V Receipt of Goods
Delivery of products occurs according to the agreed commercial conditions between the Buyer and CleanAccess and is based on the “Incoterms” trade rules. Delivery conditions are negotiated each time between CleanAccess and the Buyer or based on the “commercial agreement card” applicable at a given time.
The Buyer is obliged to collect the products on the agreed date. In the event of exceeding this deadline, CleanAccess reserves the right to charge a storage fee for the products along with their insurance. These products will be stored at the Buyer’s risk.
CleanAccess reserves the right to partial delivery with the Buyer’s consent.
At the specific request of the Client specified in the order, CleanAccess allows for delivery on phytosanitary pallets.
The method of packaging is determined by CleanAccess. Any deviation in packaging at the request of the Buyer is subject to a separate charge.
VI Warranty and Guarantee
CleanAccess is obliged to deliver the product purchased by the Buyer free from defects. CleanAccess’s liability for product defects is regulated by the provisions of Article 556 and subsequent articles of the Civil Code.
If the Buyer discovers defects in the product after ownership has passed to them, the Buyer may:
use warranty benefits and conduct a complaint procedure under the Warranty (applicable to products covered by warranty),
submit a complaint to CleanAccess based on legal defects warranty (legal basis – Civil Code).
CleanAccess provides a 12-month warranty for sold products, which begins from the day they are delivered to the Buyer.
In connection with the granted warranty, the Parties exclude the Buyer’s rights to claim damages for physical defects in full. The limitations of warranty resulting from the preceding sentence do not apply to Buyers who are consumers.
The Buyer loses warranty rights in situations where the Buyer or the final recipient of the product does not comply with storage, assembly, maintenance, operation, or other principles of proper use, as specified in particular in CleanAccess product instructions.
Regarding selected products, CleanAccess reserves the right to apply additional limitations and exclusions of the warranty in accordance with the detailed warranty conditions provided to the Buyer along with the product.
VII Complaints
Damage to packaging or the product itself that occurs during transport should be reported to CleanAccess immediately upon receipt (on the same day). In the case of packaging damage, the recipient should draw up a complaint protocol on the day of delivery in the presence of the transport company that delivered the product.
The purchased product should be checked on the day of receipt for compliance with the order. If the product does not match the order, the recipient is obliged to notify CleanAccess of this discrepancy no later than one working day after receipt.
The Buyer is required to notify CleanAccess in writing, as soon as possible and within 7 days from the date of delivery, that the product is unsuitable for use, as specified.
The complaint should be submitted by fully and correctly completing the CleanAccess complaint form and sending it electronically to the email address sales@clean-access.com.
Reported complaints will be processed no later than within 14 working days. In special cases (requiring time-consuming analysis of the issue), CleanAccess reserves the right to process the reported complaint over a longer period, but only after prior notification of the Buyer. The days for processing the complaint are counted from the date of receipt of the correctly completed complaint form and the product, unless CleanAccess releases the Buyer from the obligation to deliver it.
If the Buyer is required to send the complained product for the complaint to be processed, the product should be dispatched to the CleanAccess headquarters no later than within seven working days, unless another deadline has been agreed upon with CleanAccess.
The shipping costs of the complained product are borne by the Client, unless otherwise agreed with CleanAccess. If the claim is accepted under warranty, the Buyer will be reimbursed for the return shipping costs of the complained product (excluding additional costs resulting from the shipping method chosen by the Buyer other than the cheapest standard delivery method offered by CleanAccess).
Products or parts thereof sent to CleanAccess for exchange for new ones become the exclusive property of CleanAccess upon delivery of the new products to the Buyer.
In fulfilling the warranty obligations, CleanAccess reserves the right to choose the option for resolving the complaint, i.e., to exchange the product or its parts for a defect-free one, to repair, or to reduce the price.
In the case of system solutions, CleanAccess is only liable for the part of the product that is defective and only to the extent of the actual loss incurred. The limitations resulting from the preceding sentence do not apply to claims made by Buyers who are consumers or for whom the provisions of Articles 3851 to 3853 of the Civil Code apply.
CleanAccess is not liable for indirect damages resulting from the operation of the complained product or improper use contrary to the manufacturer’s recommendations.
CleanAccess does not guarantee that the delivered products are suitable for the purposes for which the Buyer intends to use them. The information provided by CleanAccess does not constitute technical advice, is given according to the knowledge possessed, and the obligation to verify it for the intended application rests with the Buyer.
CleanAccess reserves the right to limit the possibility of returns in cases where the ordered product is not a standard product from the catalog offer and was sold based on an individual order.
