Balmo Promotions

Terms and Conditios

General Conditions

Art.1

Balmo Promotion is a company registered upon Zaborów 53 , 38-100 Strzyżów, Poland address. Balmo Promotions akt on a B2B market. Exclusively supplies campanies and institutions and do not sell to retail market.

All offers, orders, orders and deliveries are carried out by Balmo Promotions in accordance with the applicable provisions of the Polish law.

Terms and conditions indicated by customer will be implemented only if they are confirmed in writing by Balmo Promotions on basis described below .

Quotations

Art.2

1. The online catalogue is used to present Balmo Promotions product range to the market and to create electronic enquiries which are send to Balmo Promotions via the website or email.
   In response to received query Balmo Promotions will send back a quotation according to received enquiry.
   The conclusion of the contract of sale shall be effected by customer deposit of a written order and after written confirmation of the acceptance of the order send by Balmo Promotions.
2. The colors of the products are marked in the descriptive. In the case of compatibility requirements with stencil (eg. PANTONE), such a requirement is stated explicitly in the query. In response will be given information about whether the device is available in the desired color. The colors shown on the screen may not fully reflect the actual colors.
3. Balmo Promotions reserves the right to refuse execution of the order where there is no real possibility of its implementation due to no or low stock level of the product with Balmo Promotions stock provider.
4. The purchaser shall provide a written contract signed by the person entitled to take financial responsobilities electronically to the address indicated by Balmo Promotions and/or inwriting by recorded delivery. The order should indicate the goods to be ordered in detail, in particular should provde the reference number of the ordered goods.
5. Each order will be confirmed by Balmo Promotions not later than five days from the date of its receipt. At the same time, the confirmation will indicate the approximate date of delivery to the indicated delivery address. Confirmation will be send by Balmo Promotions via email to the address indicated by the customer in the order.
6. Placing an order is tantamount to acceptance by the customer of all Balmo Promotions Terms and Conditions .

Prices

Art.3

1. All prices provided in the quotation are ex work Zaborów c and do not include a Value Added Tax ( Vat ) which should be calculated and added to the net prices in the amount specified by the applicable law.
2. The unit price indicated in the offer does not include shipping costs and special packaging, if such is required.
3. Any written estimate issued by Balmo Promotions is valid for 10 working days from the date of issue.
4. Balmo Promotions reserves the right to change the prices contained in the written quotations within 10 working days from the date of issue when:
5. • the devaluation of the zloty against the Euro or USA dollar
   • the increase of customs duties and taxes, or introduce other, additional taxes
   • substantial price increases from suppliers
6. The prices indicated in the quotation, eventually must be confirmed by Balmo Promotions in Order Confirmation.

Packaging

Art. 4

Balmo Promotions reserves the right to invoice the costs of special packaging to shipping of the ordered goods. The value of the cost of packaging and shipping will be specified in the order confirmation. Some types of products are sold only in their packages minimum and their multiples. This information is presented in the tender.

Delivery

Art. 5

1. The delivery date of ordered goods specified by Balmo Promotions in order confirmation is onle an approximate delivery date and should not be regarded as a final deadline. If goods must be supplied for a specific deadline, the contracting authority should conclude this information not only in the query but also when placing the order.
2. Delivery costs are paid Purchaser if not agrred other. Balmo Promotions does not cover anz extra charges according to the price list of the freight forwarder- express delivery, next delivery quarantied by specified time, Saturdays or Sunday deliveries , etc.)
3. Balmo Promotions reserves the right to provide +/-5% of the goods in relation to the ordered quantity and issue the relevant invoices. Balmo Promotions reserves the right to possibility of part deliveries, unless full delivery is cleary specified in the contract or agreement.
4. In the case of contracts which are not in conformity with the minimum of packaging Balmo Promotions reserves the possibility to adjust the ordered quantities to the minimum packaging and issue the relevant invoices, taking into account the actual amount of the sent goods.
5. Balmo Promotions reserves the right to offset or withhold the order orders placed by the customer in the case of unregulated payment by him, until the complete settlement of rights receivable Balmo Promotions.

Order Cancelation

Art. 6

1. Balmo Promotions accepts order cancelation, if the written cancelation is delivered to Balmo Promotions within 12 hours after ordering and it was not marked as URGENT.
2. In case of cancellation of orders after 12 hours and before approving the electronic proof of printing, the customer will be debited in the amount of 25% of the net value of the contract.
3. In case of cancellation of orders after 12 hours and after the approval of the electronic proof of printing, the purchaser will be debited in the amount of 25% of the net value of the order and the total cost of the screens implementation indicated by Balmo Promotions.

Terms of Payment

Art. 7

Unless specified otherwise, the Proforma Invoice payment for ordered goods occurs within 24 hours of the approval of order in the way indicated in the invoice.

Complaints

Art.8

1. The purchaser is obliged to check whether the delivered merchandise complies with the confirmed order. In the event of non-compliance, the purchaser shall immediately inform Balmo Promotions in writing, but not later than within 7 days from the date of goods delivery.
2. If the delivered item is not compatible with a confirmed order, Balmo Promotions is only obliged to supplement the possible deficiencies, or repair or replace the defective goods.
3. Balmo Promotions will not accept claims for compensation for damage resulting from delay when goods are not possible to deliver to the confirmed address, resulting inability to delivery, deficiencies in the implementation of contractual obligations and legal and of guilt when concluding the agreement, unless these damages created through Balmo Promotions intentional activity.
4. Balmo Promotions reserves the right to not accept the complaints concerning the printed items, if the service of printing, stamping, etc. was not delivered by Balmo Promotions or is compatible with the electronic proof issued by Balmo Promotions and approved in writing by the customer.

Printing Plates, Screens and Disks

Art. 9

Plates, screens and disks used for the implementation of the customer order are owned by Balmo Promotions and are stored by the factory suppling Balmo Promotions for possible use in the subsequent orders.

The Contractual Right of Order Withdrawal

Art. 10

1. In a case of
2. • an unexpected lack of availability of the goods or materials
   • changing the conditions of the contract by the customer in the course of its implementation if the conditions are impossible to be meet by Balmo Promotions
   • exhausting of credit limit merchant by Balmo Promotions
   • suspected lack of customer solvency
   Balmo Promotions shall have the right to withdraw in whole or in part from the realization of a confirmed order. Of withdrawal from the contract, the contracting authority shall have confirmed to Balmo Promotions any claim for compensation. The above restriction does not apply to the reimbursement of the advance down payment as agreed in order confirmation.
3. In the event of customer refusal to receive ordered goods on the date indicated in the order confirmation, Balmo Promotions is entitled to withdraw from the contract without fixing the additional date to purchaser ordered goods collection. At the same time Balmo Promotions is entitled to recover from the purchaser a contractual penalty in the amount of 80% of the gross value of the ordered goods by the purchaser, and the purchaser undertakes to pay the compensation for the first written request of Balmo Promotions. The compensation payment, referred to above, does not deprive Balmo Promotions right to seek compensation on general principles.

Partial Contracted Order Delivery

Art. 11

1. The order impemantaion is comlited by delivery of the ordered goods to the purchaser. Balmo Promotions reserves the right to partial goods delivery or to deliver the ordered goods in parts deliveries.
2. In the event of Balmo Promotions default, the contracting authority shall be entitled to reimbursement of the order value. In the event of partial default by Balmo Promotions, the contracting authority shall be entitled to reimbursement of the order value paid in the amount in excess of the value of delivered goods. Above claim exhausts all the customer rights.
3. In the event of partial performance of a contract or part deliveries of the order the customer is obligated to pay for each supplied part of the contract upon delivery.

Liability Limitation

Art. 12

1. Balmo Promotions is not responsible for any damage resulting from failure to perform or improper performance of the contract, If the non-performance or improper performance is the result of circumstances for which Balmo Promotions is not at fault.
2. In particular Balmo Promotions is not responsible for damages arising from delivery deadlines failure or damages arising as a result of the difference between the item color shade identified in the catalogue or delivered sample and the ordered delivered goods.
3. The risk of accidental loss of or damage to goods ordered passes to the customer upon ordered goods delivery.
   In the case of transport services by the provider of transport services the risk of accidental loss of or damage to ordered goods shall be borne by the transport ordering party (respectively the purchaser or Balmo Promotions).

Warranty

Art. 13

1. Balmo Promotions is not responsible for any warranty of the ordered goods.
2. Disclaimer of warranty is held to be invalid, if Balmo Promotions insidiously withheld the ordered goods defect.
3. Balmo Promotions is not responsible for any damage as a result of any ordered goods defect.

Contracting Goods Property Claim

Art. 14

Balmo Promotions reserves the right of ordered goods property until the total purchase price of the subject of the contract is paid by the purchaser.

Copyright

Art. 15

1. If not specified otherwise, the purchaser agrees to use made by Balmo Promotions products in advertising materials, website materials at www.balmopromotions.pl, as part of the exposure to fair trade, as well as Balmo Promotions technical feasibility and printiong quality samples. Balmo Promotions has the right to place information about the execution of services for by the ordering party in their advertising materials.
2. The customer shall bear full responsibility for the property of copyright or/and the right to of mark registration to the extent necessary for the performance of the contract.

Disputes Settlement

Art. 16

1. In the event of any dispute between the parties and any discrepancies or claims, the parties undertake to cooperate to their amicable settlement by mutual agreement.
2. In the case of failure of parties agreement within 14 days from the date of receipt by the party a written request for a settlement, the dispute shall be settled by the court competent for Balmo Promotions registration address.

Additional Information

These Terms and Conditions shall not be construed as an offer within the meaning of the civil law. where the final purchasing conditions are not specified in the order confirmation, this Terms and Conditions apply to each contract.

Additional Rules for Branded Goods Order

1. Overprint colors in specified PANTONE are obtainable on a white background only, on any other colour background printed colors will be as close as possible to the specific PANTONE.
2. We do not print, engrave or emossed on goods supplied by customers.
3. Minimum order quantity is showed on Balmo Promotions website.
4. All artworks must be send in vectors, EPS, PDF or CDR files. In the case when sent artwork requires additional elaboration, we charge 40PLN net/1 hour work .
5. When the selected item can not be printed because of technical reasons, we will offer other personalization solutions eg. engraved metal plates, stickers, printed packaging.
6. When require we do offer a pre-production samples. Price on request
7. Delivery Leadtime for printed goods , depending on the type and number of products and it is normally 3 to 4 weeks from the date of artwork approval. Artwork approval will be presented for approval within 7 days from the confirmation of the order.
8. We offer up to 10 free PDF mock up and 1 3D visual before placing an order.
9. In case of a artwork design change after approved in writting, a fee of 5oPLN net will be charge for a new screen.