General Terms and Conditions of Sale of SendGift.pl Sets - applies to the service of preparing and delivery of sets for the employees of the ordering party with the use of discount codes.

 1 Definitions

Seller – means

(1) partners of a civil partnership under the name Dailyfruits S.C. Bartosz Krudysz Jacek Kwiecień with its headquarters in Warsaw, Posag 7 Panien street 1a, 02-495 Warszawa NIP: 679-307-70-34, REGON: 122432943. Details of partners: Bartosz Krudysz (partner in a civil partnership), having Tax Identification Number (NIP) 8141612560, REGON 180360730 and Jacek Kwiecień (partner in a civil partnership), having Tax Identification Number (NIP) 6641943477, REGON 121005297 or a natural person running a business under the name of DFSolutions Szymon Krudysz , entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, having Tax Identification Number NIP 52231196698, REGON 388047630.

Ordering Party – any entity which signed contract with the Seller or other entity which established business relations with the Seller for purchase and delivery of Sets with the use of Internet Platform: sendgift.pl

Order Form – order or attachment to contract listing all details and essential information for proper execution of subject of the contract and confirming all arrangements between the Seller and the Ordering Party.

Platform – the Internet platform operated by the Seller at sendgift.pl which enables execution of shipping order by using a Code.

Regulations of shipping order – online Platform regulations available at https://sendgift.pl/Regulations-for-shipping-order

Shipping order – the Employee’s declaration of will submitted via the Shipping Order Form and confirming shipping order for address and contact details provided by an Employee

Shipping order form – an interactive form available at Platform, enabling the placement of  Shipping Order by adding a Set to the Cart and specifying the conditions of shipping order for address and contact details provided by an Employee

Set – a movable item / service available at the Platform which is the subject of the Sales Agreement between the Ordering Party and the Seller.

Sales Agreement – sales contract for Gift Sets concluded between the Ordering Party and the Seller

Code – an individually generated coupon in the form of a sequence of characters with a specified delivery date for a dedicated Set made available to the Ordering Party, which enables the Employee to execute the Set shipping order using the Platform's infrastructure.

Employee – a natural person (e.g. an employee, contractor, subcontractor, client or other person) selected by the Ordering Party who is receiving the Code from the Ordering Party.

2 Subject of the Order

The Ordering Party orders, and the Seller accepts for execution, an order consisting in the preparation and delivery of food parcels or gift parcels in accordance with the conditions specified in the Order Form.

Regardless of the use or non-use of all Codes by the Employees within the time specified in the Order Form, the Order is payable in full depending on the number and value of the purchased Sets.

Deliveries will take place on the territory of Poland.

The places of delivery of parcels will be completed each time by the Employees in the Platform when creating the Shipping Order.

3 Seller's Responsibilities

The Seller undertakes to perform the Subject of the Order with the utmost diligence, taking into account the professional nature of his business, in accordance with applicable law.

The Seller is fully responsible for the proper performance of the service, i.e. the delivery of the Sets with products of appropriate quality and freshness in accordance with the Order.

The Seller undertakes to immediately inform the Ordering Party about all events that have or may have an impact on the performance of the order.

The Seller is not responsible for the use of codes by third parties who are not the Employees of the Ordering Party, if the codes were made available to third parties through the fault of the Ordering Party.

4 Order Process

The Ordering Party places an order to the Seller on the Order Form, indicating the invoice data, number and name, quantity and net price of the selected Set, and agreed jointly with the Seller: codes validity date, order fulfilment date (shipment date), prepayment value (not less than 50%), payment terms, handling of returns, handling of unused codes and other information necessary for the correct implementation of the Subject of the Order.

The Seller confirms the acceptance of the order and issues a proforma invoice.

After receiving the payment from the Ordering Party, the Seller generates and transfers to the Ordering Party the number of Codes indicated in the order for the Sets ordered. The codes are sent to the Ordering Party in one file to the e-mail address of the contact person specified in the Order Form.

From the first day of validity of the Code, the Employees will be able to commission Shipping Orders, which will be executed within a strictly specified time, in accordance with the information provided in the Order Form.

If the Employees do not use all the codes within their validity period, the Seller will inform the Ordering Party of this fact and will agree with the Ordering Party further proceedings in accordance with the options selected in the Order Form, including the date of delivery of packages with unused codes. Collective deliveries of Sets from unused codes for holiday packages for Christmas will take place from January of the year following the date of performance of Sales Agreement.

In the event that the Shipping Order has not been successfully delivered due to the fault of the recipient and returns to the Seller's warehouse after the attempted delivery, such an order may be sent again directly to the Employee or it may be collectively delivered to the place specified in the Order Form. In the event of another shipment at the request of the Ordering Party, the Ordering Party will be charged with an additional cost of PLN 20 net. This cost will be added to the collective invoice that will be issued at the end of the action.

Both individual and collective deliveries of Sets from codes not used by the Ordering Party or undelivered packages that relate to Christmas packages will take place from January of the year following the date of performance of Sales Agreement.

In the case of orders for Sets with fresh products, in particular fruit and vegetables, the seller makes every effort to ensure that the Sets are delivered as quickly as possible. In the case of shipping by DPD or Inpost couriers, the delivery time is about 24-48 hours. If the courier was unable to deliver the parcel due to the fault of the Employee, the parcel shall be returned to the Seller's warehouse. In this situation, the seller bears the cost of handling returns and disposal of fresh products from Sets, while the shipment is considered delivered and its cost is included in the invoice.

At the end of each calendar month, the Seller will issue a VAT invoice to the Ordering Party for deliveries made on the basis of the codes used in a given calendar month, taking into account additional costs in accordance with the provisions of the Order Form.

 5 Final Provisions

All issues related to the execution of the shipping order are subject to the Regulations.

The order will be carried out on the basis of these B2B Regulations, data and conditions contained in the Order Form and the Shipping Order Regulations.

In other unregulated matters, the relevant provisions of the Civil Code will apply.