{"id":88942,"date":"2022-01-17T17:30:27","date_gmt":"2022-01-17T16:30:27","guid":{"rendered":"https:\/\/machinespioro.com\/terms-of-use\/"},"modified":"2022-01-17T17:30:33","modified_gmt":"2022-01-17T16:30:33","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/machinespioro.com\/en\/terms-of-use\/","title":{"rendered":"Terms of use"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"88942\" class=\"elementor elementor-88942 elementor-29656\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-9a40cef elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"9a40cef\" data-element_type=\"section\" data-e-type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-wider\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-50 elementor-top-column elementor-element elementor-element-7db51b5\" data-id=\"7db51b5\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-8720d0c elementor-toc--content-ellipsis elementor-widget elementor-widget-table-of-contents\" data-id=\"8720d0c\" data-element_type=\"widget\" data-e-type=\"widget\" data-settings=\"{&quot;exclude_headings_by_selector&quot;:[],&quot;sticky&quot;:&quot;top&quot;,&quot;sticky_parent&quot;:&quot;yes&quot;,&quot;headings_by_tags&quot;:[&quot;h3&quot;],&quot;marker_view&quot;:&quot;numbers&quot;,&quot;no_headings_message&quot;:&quot;No headings were found on this page.&quot;,&quot;hierarchical_view&quot;:&quot;yes&quot;,&quot;min_height&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;size&quot;:&quot;&quot;,&quot;sizes&quot;:[]},&quot;min_height_tablet&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;size&quot;:&quot;&quot;,&quot;sizes&quot;:[]},&quot;min_height_mobile&quot;:{&quot;unit&quot;:&quot;px&quot;,&quot;size&quot;:&quot;&quot;,&quot;sizes&quot;:[]},&quot;sticky_on&quot;:[&quot;desktop&quot;,&quot;tablet&quot;,&quot;mobile&quot;],&quot;sticky_offset&quot;:0,&quot;sticky_effects_offset&quot;:0,&quot;sticky_anchor_link_offset&quot;:0}\" data-widget_type=\"table-of-contents.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"elementor-toc__header\">\n\t\t\t<h4 class=\"elementor-toc__header-title\">\n\t\t\t\tTable of contents\t\t\t<\/h4>\n\t\t\t\t\t<\/div>\n\t\t<div id=\"elementor-toc__8720d0c\" class=\"elementor-toc__body\">\n\t\t\t<div class=\"elementor-toc__spinner-container\">\n\t\t\t\t<i class=\"elementor-toc__spinner eicon-animation-spin eicon-loading\" aria-hidden=\"true\"><\/i>\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t<div class=\"elementor-column elementor-col-50 elementor-top-column elementor-element elementor-element-4205337\" data-id=\"4205337\" data-element_type=\"column\" data-e-type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-b44398e elementor-widget elementor-widget-text-editor\" data-id=\"b44398e\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<h3>1. General terms<\/h3>\n<ul>\n<li>These terms of sale apply to all current and future sales contracts concluded with Pi\u00f3ro Group, based in \u017b\u0119bocin 58a, 32-100 Proszowice (hereinafter referred to as the &#8220;seller&#8221;), as well as to all price offers sent by the seller. Provisions deviating from the content of these general terms and conditions are valid only if they are made in writing.<\/li>\n<li>Any general terms and conditions and other terms and conditions of the customer will only apply if they are expressly agreed in writing, irrespective of the point at which they are communicated to the seller.<\/li>\n<li>If any provision of these terms is found to be invalid or void, all other provisions will remain in full force and effect and the seller and customer will discuss the matter in good faith to agree a substitute condition to be agreed in lieu of the provision, taking into account, if possible, the purpose. and the intention of an invalid order.<\/li>\n<\/ul>\n<h3><strong>2. Price offers and orders<\/strong><\/h3>\n<ul>\n<li>All price offers from the seller are non-binding, unless expressly stated otherwise in the offer. The prices given in the offer are usually valid for 30 days from the date of the offer in all cases. The Seller is not responsible for printing errors, material errors and \/ or calculation errors included in the price offer.<\/li>\n<li>Unless expressly stated otherwise in the quotation, the contract will not enter into force until the seller has approved the order in writing. The contract with the customer can only be concluded after the seller sends the order confirmation.<\/li>\n<li>Product deliveries are made only to countries where the seller accepts orders. Each person placing the order confirms his legal capacity. The seller reserves the right to decline an order if there is serious suspicion of a violation of law or bad will, if there is a serious suspicion of a commercial act that is not acceptable to the seller, or if an item is out of stock. The seller and the customer expressly agree that electronic means of communication constitute a means of concluding a valid sales contract.<\/li>\n<li>Cancellation of the order is possible only if the seller agrees in advance. In the event of cancellation of the order, the customer is always legally obligated to pay the fixed amount of 30% of the order price without the need to provide a notice of default, which does not prejudice the seller&#8217;s right to claim for damages equal to the difference between the fixed amount and the damage suffered.<\/li>\n<li>All product pictures and photos are indicative only. The settings of the screen on which the customer displays the seller&#8217;s website or on which he checks the e-mail may cause color differences in the presented products. Color variations can also be caused by reprints of catalogs and related documents. The seller&#8217;s website aims to provide the customer with general information about the seller&#8217;s products and activities. It is the seller&#8217;s responsibility to use reasonable efforts with regard to website access, the ordering process, deliveries and other services. The seller cannot be held responsible for the unavailability of the website for a given period of time and does not guarantee that the website will be continuously available, up-to-date and free of errors. Users are free to view and print information on the website for private purposes, but may not use it for commercial purposes. All dimensions, weights, quantities and other technical data, including pictures in catalogs and folders, are always approximate. The seller will always have the right to make changes to the products if he deems that they will result in an improvement. Such changes do not give the customer the right to terminate or terminate the contract or to demand that the same changes be made to products that have already been ordered and \/ or delivered.<\/li>\n<\/ul>\n<h3><strong>3. Prices<\/strong><\/h3>\n<ul>\n<li>Unless expressly stated otherwise, all prices quoted in the price offer, order confirmation or contract are &#8220;EXW Proszowice&#8221;. The price lists distributed by the seller in such cases are indicative only and are not binding on the seller.<\/li>\n<li>A fixed compensation of EUR 250 will be charged for rectifying the tender if the seller is not instructed to make certain modifications within 6 weeks from the date of the tender.<\/li>\n<li>Unless expressly stated otherwise, all prices quoted in the quotation, order confirmation etc. are net prices (excluding VAT).<\/li>\n<\/ul>\n<h3><strong>4.Delivery date<\/strong><\/h3>\n<ul>\n<li>The products will be delivered, if possible, within the time limit specified in the individual order confirmation. The customer is responsible for the incorrect delivery address, which may result in additional costs. The specified delivery times are not binding but are indicative only. The seller is entitled to make partial deliveries. The seller is not responsible for any fees charged by a third party. The risk related to the delivery rests with the customer. The Seller shall not be liable for delays in delivery due to unforeseen circumstances caused by third parties or for the loss, theft or damage of goods during delivery by third parties. A delay in delivery shall not give rise to a cancellation of the purchase or a payment of damages to the buyer, unless the delay was deliberate.<\/li>\n<li>To the extent permitted by law, the seller is not liable for losses, costs, liability, damages, fines or expenses arising from delay in delivery or failure to deliver.<\/li>\n<\/ul>\n<h3><strong>5. Responsibility<\/strong><\/h3>\n<ul>\n<li>If the seller is liable for any damage, it is always limited to a maximum of the amount shown on the invoice.<\/li>\n<li>The seller is never responsible for:\n<ul>\n<li>deviations, damage, errors and defects that were not noticed in the goods approved by the customer that the customer should have noticed;<\/li>\n<li>damage due to improper installation or use by the customer or a third party;<\/li>\n<li>indirect damage, including consequential damage, loss of earnings or profit, lost savings, non-material damage and damage caused by downtime in the enterprise;<\/li>\n<li>damage resulting from changes in environmental regulations that occurred after the conclusion of the contract;<\/li>\n<li>unlawful, improper or unprofessional use of the goods by the customer or a third party;<\/li>\n<li>damage caused by using in a manner inconsistent with the operating instructions;<\/li>\n<li>damage resulting from the advice provided by the seller.<\/li>\n<\/ul>\n<\/li>\n<li>All claims for damages must be brought, under penalty of forfeiture, within one year from the moment when the customer discovered or could have ascertained the event that caused the damage.<\/li>\n<\/ul>\n<h3><strong>6. Force majeure<\/strong><\/h3>\n<ul>\n<li>Seller is not responsible for any delay in performance or any failure to perform due to events beyond its control, including, but not limited to, natural disasters, the actions of third parties (e.g., hackers, hackers, suppliers, authorities, quasi-public bodies, supranational or national bodies), riots, unrest, social unrest, wars, acts of hostility, catastrophes, terrorism, piracy, arrests, coercive measures taken by competent authorities, strikes and \/ or suspension of activity, epidemics , fires, explosions, storms, floods, droughts, weather conditions, earthquakes, accidents, mechanical damage, third party software, disruptions or problems of public institutions, production interruptions, difficulties in the supply or shortages of raw materials, manpower, power or transport or transport delays, work stoppages or other collective labor disputes with personnel, the seller or its suppliers, interruptions in internet access, electricity interruptions, access to postal services or technology provided by third parties, government measures and diseases, even if these events were foreseeable. The above list is not exhaustive. In the event of force majeure on the part of the seller, his obligations towards the customer will be suspended for the period of such force majeure.<\/li>\n<li>If the force majeure continues for a period longer than ninety days, both parties will be entitled to cancel the order without the prior consent of the other party. In such cases, the customer cannot bring claims for damages against the seller. Everything that the seller has delivered or performed on the basis of the contract up to that point will be billed pro rata, if applicable.<\/li>\n<\/ul>\n<h3><strong>7. Transport and receipt of goods<\/strong><\/h3>\n<ul>\n<li>Deliveries made by the seller always take place &#8220;EXW Proszowice&#8221;, and the customer is responsible for all costs and risks related to packaging, loading, transport from the seller&#8217;s warehouses or factories to the indicated place of delivery. The seller never insures the goods.<\/li>\n<li>If the customer decides to assume responsibility for the transport, he accepts all responsibility and risk related to the transport, starting from the moment the goods are loaded.<\/li>\n<li>The risk associated with the goods passes to the customer at the time the goods should be accepted, even if the customer has not.<\/li>\n<li>If the ordered goods have not been picked up by the customer on the day of delivery, the seller is then entitled to charge the customer, without the need to provide a notification of default, with the costs of storing the goods at a fixed amount of 50&nbsp; EUR \/ m\u00b2 for each (started) week.<\/li>\n<\/ul>\n<h3><strong>8. Intellectual Property Rights<\/strong><\/h3>\n<ul>\n<li>All intellectual property rights and related rights remain with the seller. Intellectual property rights include: copyrights, trademarks, design and model rights and \/ or other (intellectual property) rights, including technical and \/ or commercial knowledge, methods and concepts, whether or not patentable. The customer is prohibited from using and \/ or modifying the intellectual property rights as defined in this article of the seller&#8217;s general terms and conditions. The content, images, logos, drawings, photos, data, product names, texts, etc. on the website or in the seller&#8217;s catalogs and other printed materials are protected by copyright and other (intellectual) property rights and other contractual provisions.<\/li>\n<li>Any information material provided by the seller may not be copied, resold, published or transferred to third parties by any means, unless the nature of such information allows it.<\/li>\n<li>The customer may not remove the (visual) trademarks of the seller (&#8220;MACHINES PI\u00d3RO&#8221; and \/ or &#8220;PI\u00d3RO GROUP&#8221;) or third parties from the delivered goods.<\/li>\n<\/ul>\n<h3><strong>9. Processing of personal data and protection of privacy<\/strong><\/h3>\n<ul>\n<li>When ordering products, the customer expressly agrees to the use of his personal data for administrative purposes, such as creating and maintaining a customer database, tracking orders, shipments and invoices, and checking creditworthiness. The seller understands personal data as all information that can be used to identify the customer.<\/li>\n<li>The information provided by the customer is necessary for the processing and fulfillment of orders and for invoicing. When a customer places an order for a product, his personal data is transferred to the seller&#8217;s customer database.<\/li>\n<li>The seller never transfers personal data to third parties, unless expressly requested by judicial authorities or the law imposes such an obligation on him. The customer has the right to object, free of charge, to the processing of his personal data for the purposes of direct marketing. Only customers who have given their explicit consent will receive the newsletter from the seller. The customer may unsubscribe from the newsletter by sending a simple request. The customer has the right to access his personal data, modify or delete it.<\/li>\n<\/ul>\n<h3><strong>10. Complaints and warranty<\/strong><\/h3>\n<ul>\n<li>The customer must immediately inspect the goods upon delivery. Within 8 days of delivery, the customer must provide the seller with any complaints in writing, under pain of forfeiting this right. The complaint must contain a detailed description of the damage. The use of the delivered goods or parts thereof is considered to be an unquestionable acceptance of the delivered goods.<\/li>\n<li>Complaints relating to hidden defects that could not reasonably be discovered at the time of delivery must be notified to the seller in writing within 8 days of their discovery, or else the right to make a complaint will be forfeited.<\/li>\n<li>If the seller is informed of the defect in a timely manner and in accordance with the provisions of this article, he may replace the disputed goods in whole or in part. If the seller elects to replace the disputed goods in whole or in part, he will be responsible for taking back the goods at his own expense.<\/li>\n<li>If an apparent or concealed defect is found and has been communicated to the seller in a timely manner and in accordance with the provisions of this article, and the seller elects to replace the goods in accordance with the above point, he will not be obliged to pay any other compensation. In addition, the compensation that the seller pays in the event of proven default is always limited to a maximum amount equal to the net price of the goods in question (excluding VAT). Seller will under no circumstances be required to pay compensation for indirect or non-material damages (including, but not limited to, loss of profit, loss of opportunity, other consequential damage, etc.).<\/li>\n<li>The seller will guarantee the proper operation of the new machines he has sold for a period of 12 months following delivery (except for used machines). The warranty does not cover damage caused by accidents, negligence, fall, non-standard or improper use, use of the goods in a manner inconsistent with its intended use, non-compliance with the operating instructions, maintenance instructions, as contained in the brochure or maintenance manual, changes or modifications to the goods, extremely intensive use or improper maintenance. The warranty also does not cover shorter life items, consumables or limited life products. Defects which become apparent 6 months after the date of delivery will not be considered as hidden defects, unless the customer provides evidence to the contrary. The warranty is not transferable. The warranty also does not cover materials whose brand has been altered or removed or with non-original parts fitted. If the warranty is applicable, the seller will repair the defect at his own expense. In this case, the seller cannot be obligated to any other compensation, and making any repairs does not extend the warranty period.<\/li>\n<li>The seller will not be obliged to compensate for hidden or visible defects if the customer has not properly fulfilled its obligations to pay the amount due to the seller.<\/li>\n<li>In order to benefit from the warranty, the customer must, under pain of forfeiture of this right, report the defect to the seller in writing within eight days of its discovery and during the warranty period.<\/li>\n<li>The warranty will expire immediately and by operation of law if the customer asks a third party to repair the item supplied by the seller without the prior consent of the seller.<\/li>\n<\/ul>\n<h3><strong>11. Retention of title<\/strong><\/h3>\n<ul>\n<li>The goods delivered by the seller always remain his property until the customer has fully paid the sum of the amounts due and all costs and interest accrued, even if the goods are no longer mobile due to their installation or use. For this reason, the seller may take back the goods at any time as long as the amount due for them has not been paid in full.<\/li>\n<li>The customer also undertakes not to use the goods, not to pledge them or use them as additional security until full payment of the amount due for them.<\/li>\n<li>Retention of title also applies in the event of the customer&#8217;s bankruptcy, provided that the goods are in fact at the customer&#8217;s bankruptcy and have not become non-transferable as a result of their incorporation.<\/li>\n<li>If the seller wishes to assert his ownership, the customer will then give the seller his unconditional and irrevocable consent to access and retrieve the goods in all locations where the goods are located.<\/li>\n<\/ul>\n<h3><strong>12. Payment<\/strong><\/h3>\n<ul>\n<li>All invoices must be paid prior to delivery, unless the invoice clearly indicates otherwise. Complaints, also legitimate, do not withhold the customer&#8217;s obligation to make the payment. All costs related to the payment are borne by the customer. Any invoice from the seller must, in the event of a dispute concerning it, be challenged by the customer within eight days of receipt, or else such right will be forfeited.<\/li>\n<li>The seller is always entitled to compensate all debts that he may owe to the customer with the debts that the customer owes to the seller in the particular case.<\/li>\n<li>If payment is not made on time, the seller will charge interest of 8% per annum by operation of law and without the need to provide a notice of default. In addition, if the customer fails to pay the invoice on time, by operation of law and without the need to provide a notification of failure to fulfill obligations, a permanent compensation will be charged in the amount of 12% of the total invoice amount (gross), which does not diminish the seller&#8217;s right to prove incurred greater damages and claims for damages.<\/li>\n<li>Failure to pay on time for one invoice will result in immediate payment of all remaining amounts unpaid by the same customer to the seller by operation of law and without the need to provide a notice of default, even if the remaining amounts due have not yet expired.<\/li>\n<li>Under the provisions of Article 11, if the invoice is not paid on time, the seller is entitled to take back the delivered goods without delay without the need to provide a notification of default.<\/li>\n<li>The preparation and \/ or acceptance of bills of exchange or other transferable securities will not cause the term to be renewed and will not adversely affect the validity of these terms and conditions.<\/li>\n<li>If the customer fails to meet any of its key obligations, such as the timely payment of invoices from the seller or the timely receipt of the goods, as well as in the event of bankruptcy, suspension of payments, seizure and (other) situations where the seller may reasonably suspect that the customer is not fails (is unable to meet) its obligations, the seller has the right to terminate the contract without having to submit a notification of default. In the event of such termination of the contract, the customer is obliged to return the goods already delivered to him by the seller immediately on the first request of the seller and at his own expense. In addition, in this case, the customer is also obliged to compensate the seller for the depreciation of the goods delivered. The amount of such depreciation will be determined by mutual agreement or, failing that, by an expert appointed by the seller.<\/li>\n<\/ul>\n<h3><strong>13. Deposit and repairs<\/strong><\/h3>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>The seller is liable for damage to the goods or their disappearance only in the event that the customer has deposited them with the seller for specification, maintenance or repair, if it can be proved that there has been serious negligence on the part of the seller.<\/li>\n<li>The customer is liable at all times for any damage caused by damaged goods deposited with the seller by the customer, as well as for any damage suffered by the seller resulting from a claim brought by a third party in connection with the goods deposited by the customer with the seller.<\/li>\n<li>If the customer has the goods deposited with the seller to perform certain activities, the seller will not be required to check parts other than those related to the instructions given to the seller. The seller is also under no obligation to inform the customer of any defects in the goods deposited with him for maintenance or repair.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<h3>14. Guarantees provided by the customer<\/h3>\n<ul>\n<li>If the seller&#8217;s confidence in the customer&#8217;s creditworthiness is breached by legal proceedings against the customer and \/ or other provable events that affect or may affect the seller&#8217;s confidence that the customer will meet his obligations under the contract, the seller is entitled to request appropriate guarantees from the customer. If the customer refuses to provide such appropriate guarantees, the seller is entitled to cancel the order in whole or in part, even if the goods have already been fully or partially shipped. In such cases, the customer will be required, by operation of law and without the need to provide a notification of default, to pay a fixed compensation of 10% of the order price, which does not detract from the seller&#8217;s right to prove that the damage suffered by him was greater and therefore with a claim for damages.<\/li>\n<\/ul>\n<h3><strong>15. Governing Law and Disputes<\/strong><\/h3>\n<ul>\n<li>The only body authorized to settle disputes regarding the implementation or failure to meet, etc., any contract concluded by the seller or any price offer prepared by him will be the courts in the district of Krakow.<\/li>\n<li>Belgian law will be the exclusive law for all contracts concluded by the seller and all quotes made by the seller, hereby excluding the application of private international law (including the CISG Convention and similar treaties).<\/li>\n<\/ul>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Table of contents 1. General terms These terms of sale apply to all current and future sales contracts concluded with Pi\u00f3ro Group, based in \u017b\u0119bocin 58a, 32-100 Proszowice (hereinafter referred to as the &#8220;seller&#8221;), as well as to all price offers sent by the seller. Provisions deviating from the content of these general terms and&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":100,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"class_list":["post-88942","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Terms of use - MACHINES PI&Oacute;RO<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/machinespioro.com\/en\/terms-of-use\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms of use - MACHINES PI&Oacute;RO\" \/>\n<meta property=\"og:description\" content=\"Table of contents 1. General terms These terms of sale apply to all current and future sales contracts concluded with Pi\u00f3ro Group, based in \u017b\u0119bocin 58a, 32-100 Proszowice (hereinafter referred to as the &#8220;seller&#8221;), as well as to all price offers sent by the seller. 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