Terms and Conditions

Terms and Conditions of the primegastro.pl online shop

Version 4.3 · in force from 21 September 2026 · Orders placed earlier are governed by the version of the Terms and Conditions in force at the time the order was placed: Terms and Conditions Archive.

This English version is a translation provided for information only. The Polish version is legally binding: Polish version.

§1. General provisions and definitions

The online shop operating at www.primegastro.pl (the “Shop”) is run by Prime Gastro spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kraków, ul. Longinusa Podbipięty 66, 31-589 Kraków, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number 0001028623, Tax ID (NIP) 5170434964, REGON 524916331, share capital PLN 5,000.00 (“Prime Gastro”, the “Seller”).
Definitions:
1. Customer — any person or entity placing an order in the Shop or using the services provided electronically (§2).
2. Consumer — a natural person performing a legal transaction with the Shop that is not directly connected with their business or professional activity (Article 22¹ of the Civil Code (KC)).
3. B2C Customer — a Consumer, and also a natural person concluding a contract directly connected with their business activity where the content of the contract shows that it is not of a professional nature for that person (Article 7aa of the Consumer Rights Act, Articles 385⁵ and 556⁴ of the Civil Code).
4. B2B Customer — a Customer who is not a B2C Customer, in particular a legal person, a commercial company or partnership or another organisational unit (including a public institution and an entity financing the purchase, e.g. a lessor), and a natural person carrying on business activity for whom the contract is of a professional nature.
5. Product — a movable item offered in the Shop.
6. Custom-made Product — a non-prefabricated Product made to the Customer's specifications or serving to satisfy the Customer's individualised needs (e.g. non-standard dimensions, made to a specific design).
7. Special-order Product — a Product not kept in stock, brought in only after the Customer has placed the order, marked as such on the Product page (fulfilment time: §3(7); returns and cancellation by B2B Customers: §11(7) and §13(4)).
8. OUTLET Product — a Product offered in the OUTLET category (in particular an ex-display Product or a Product with disclosed defects), sold exclusively to B2B Customers (§7).
9. Spare Part — a Product marked on the Product page as a spare part.
10. Business Day — a day from Monday to Friday, excluding statutory public holidays.
11. Durable Medium — a material or tool enabling information to be stored in a way that allows future access to it and its reproduction in unchanged form (in particular an e-mail message with a PDF attachment).
12. Supplier — an entity from which the Shop purchases Products or parts for them.
The Shop sells primarily to B2B Customers. Provisions marked “(B2B)” apply only to B2B Customers, and provisions marked “(B2C)” apply only to B2C Customers. A marking in the title of a section, of a part of a section or of an annex covers the whole section, part or annex; a marking at the beginning of a paragraph or item covers the whole paragraph or item; a marking within a paragraph or item covers the text from the marking to the end of the sentence. Provisions without a marking apply to all Customers.
Customer status: a Customer who gives a Tax ID and company details in the order places the order in connection with their business activity. If it does not follow from the content of the contract, in particular from the scope of business activity disclosed in the Central Registration and Information on Business (CEIDG), whether the contract is of a professional nature for a natural person carrying on business activity, that person may, at the latest at the time of concluding the contract, declare that the contract is of a professional nature for them or that it is not of such a nature (Article 7aa(2) of the Consumer Rights Act, Article 385⁵ §1¹ and Article 556⁴ §2 of the Civil Code). The declaration is voluntary and is not a condition for concluding the contract. A Customer who has made such a declaration is a B2B Customer or a B2C Customer accordingly. In other cases, the nature of the contract is determined on the basis of its content, in particular the scope of business activity disclosed in CEIDG; in case of doubt, the Shop may ask the Customer for clarification. Legal persons, commercial companies and partnerships and other organisational units are always B2B Customers; partners in a civil-law partnership (spółka cywilna) are treated as natural persons carrying on business activity.
The Terms and Conditions are made available free of charge on the Shop's website in a manner that enables them to be downloaded, saved and printed (PDF). The version in force at the time the order is placed is sent to the Customer on a Durable Medium together with the confirmation of receipt of the order.
Photographs and parameters: the colours of the Product in the photographs may differ from the actual colours depending on the display settings, and styling elements (e.g. tableware, food, decorations) are not part of the offer. Accessories visible in the photographs form part of the order if they are listed in the Product description. The properties of the Product are determined by the description and technical parameters on the Product page, given according to the manufacturer's data, taking into account the production tolerances provided for in standards or in the manufacturer's documentation. (B2B) Product photographs are illustrative, and details of workmanship may differ from the Product; deviations within the manufacturer's tolerances or, in the absence of such tolerances, not exceeding ±5% do not constitute a defect. (B2C) Deviations within the manufacturer's tolerances that do not affect the Product's fitness for the agreed use do not constitute a lack of conformity with the contract; the provisions of this paragraph do not limit the Shop's liability towards the B2C Customer for a lack of conformity of the Product with the contract (§9 Part A).
The Products are devices intended for professional use in catering. A B2C Customer considering using a Product in a domestic setting should check its suitability for such use before purchase (connections, including 400 V or gas, may make domestic use impossible). (B2C) Information from a B2C Customer about the intention to use a Product for a particular purpose (in particular in a domestic setting) does not by itself mean that the Shop has accepted that purpose; acceptance requires express confirmation by the Shop.
The Customer is responsible for the correctness and completeness of the data provided in the order.
Reports concerning the safety of Products are accepted via the contact form in the Shop and by e-mail at info@primegastro.pl.

§2. Services provided electronically

The Shop provides the following services electronically free of charge: (a) browsing the Shop's content, (b) the order form, (c) the contact form, (d) the Customer Account, (e) the Newsletter — sending commercial information by e-mail to persons who have consented to it when placing an order or in their Account; consent may be withdrawn at any time (via the link in the message or by contacting the Shop), (f) the Product availability notification (“Notify me”) — an e-mail sent when the selected Product becomes available; the notification may be cancelled at any time.
Technical requirements: a device with Internet access, an up-to-date web browser supporting JavaScript and cookies, and an active e-mail address.
The Customer is prohibited from providing unlawful content. The use of electronic services involves the typical risks of the Internet (malware, phishing); the Shop recommends using anti-virus software and exercising caution.
The contract for the services referred to in para. 1 letters (a)–(c) and (g) is concluded when use of the service begins and terminates when use of the service ends. The contract for maintaining an Account is concluded for an indefinite period upon registration; the Customer may terminate it at any time (by requesting deletion of the Account), and the Shop may terminate it for valid reasons — a breach by the Customer of para. 3 or 6, a reasonable suspicion of fraud or other abuse, discontinuation of the Account service or a change in the law preventing its provision — by giving 14 days' notice and, in the event of a gross breach of para. 3 or 6 or of fraud, with immediate effect. The Newsletter contract lasts until consent is withdrawn, and the contract for the Product availability notification — until the notification is sent or cancelled.
Complaints concerning the operation of the Shop are submitted via the contact form in the Shop or by e-mail to info@primegastro.pl. The Shop responds to a Consumer within 14 days and to other Customers within 30 days.
The Shop's content (photographs, descriptions, specifications, layout, Product databases) is protected by copyright and by the sui generis database right; copying, reproducing, distributing or systematically extracting it (including scraping) without the prior consent of Prime Gastro or another rightholder is prohibited, subject to permitted use (dozwolony użytek) provided for by law. Prime Gastro expressly reserves the reproduction of the Shop's content, including Product databases, for the purposes of text and data mining, including for the training of artificial intelligence systems; such reproduction requires the prior consent of Prime Gastro — to the extent that the law permits such a reservation.
Product reviews: the Shop publishes reviews collected via the Judge.me tool. Reviews by Customers who bought the Product concerned in the Shop (an invitation to submit a review linked to an order placed) are marked as verified; reviews without such a marking have not been verified as to purchase. The Shop does not publish false reviews, does not commission third parties to submit them and does not interfere with their content. The Shop publishes both positive and negative reviews, except for reviews containing unlawful, offensive or advertising content or personal data of third parties, and reviews not related to the Product.
Accessibility: information about the Shop's service, information necessary for using it and information about how the Shop meets accessibility requirements (Article 32(2)(1) of the Act on Ensuring Compliance with Accessibility Requirements of Certain Products and Services by Economic Operators) is provided on the “Accessibility” page (primegastro.pl/en/pages/dostepnosc). That page is for information only and does not change the rights or obligations of the Parties under the Terms and Conditions.

§3. Orders, prices and conclusion of the contract

Orders may be placed by B2B Customers and B2C Customers, subject to §7. A person placing an order on behalf of a B2B Customer declares that they are authorised to represent that Customer.
Ordering procedure: the Customer adds Products to the cart, provides the order and delivery details and chooses the payment method and, before placing the order — on the summary screen — can check and correct all the data entered and the contents of the cart. The order is placed using the button “Zamawiam z obowiązkiem zapłaty” (“Order with obligation to pay”). The contract is concluded in Polish.
Prices: Product prices are given in Polish zloty as net and gross prices (including VAT). The amount payable is the gross price together with the cost of delivery, as indicated in the order summary before the order is placed. The cost of delivery is set out in §5(1).
Conclusion of the contract:
1. placing an order constitutes an offer by the Customer; the automatic e-mail confirms receipt of the offer and does not constitute its acceptance;
2. the contract is concluded when full payment is credited to the Shop's bank account and, in the case of online payment — when the payment is confirmed by the payment operator;
3. if the Shop has agreed a deferred payment term with the Customer or with a financing entity, the contract is concluded when the Shop confirms that arrangement on a Durable Medium, excluding automatic e-mail messages; choosing, in the order form, payment by bank transfer on the basis of a pro forma invoice means payment in advance and does not constitute an arrangement for a deferred payment term;
4. the Shop confirms the conclusion of the contract to the Customer on a Durable Medium within a reasonable time, at the latest at the time of delivery of the Product;
5. until the contract is concluded, the Shop does not reserve Products and may refuse to accept the order; the Shop refunds a payment received after a refusal without undue delay and in any event within 14 days and, to a B2B Customer, within 30 days;
6. an order that is not paid within the time limit indicated in the pro forma invoice or for the selected payment method or, in the absence of such an indication, within 7 days of being placed, is cancelled;
7. (B2B) the application of Article 68² of the Civil Code is excluded — the Shop's failure to respond to an order does not mean that the order has been accepted; the Shop may accept an order in part.
Withdrawal from the contract by the Shop: the Shop may withdraw from the contract, in whole or in the part relating to a given Product, within 14 days of its conclusion and, in relation to a B2B Customer, within 30 days of its conclusion, if:
1. the price or description of the Product contained an obvious error (in particular a price grossly deviating from the market value as a result of a technical error, a data import or a mistake) and, in relation to a B2C Customer, an error of which the Customer was aware or which the Customer could easily have noticed;
2. a B2C Customer has ordered a Product intended exclusively for B2B Customers, in particular an OUTLET Product;
3. the Product is permanently unavailable from the Supplier for reasons beyond the Shop's control (in particular because production has ended or the Product has been withdrawn from the Supplier's range) — in this case, the time limit for withdrawal runs from the day on which the Shop received the information on unavailability from the Supplier, but not longer than until the fulfilment time (para. 7) expires and, in relation to a B2B Customer, until 90 days after that time expires;
4. there is a justified suspicion of payment fraud or of the transaction being contrary to law, which has not been clarified within the time limit specified in para. 10.
The Shop refunds all payments received (in the case of partial withdrawal — payments for the Products covered by the withdrawal) without undue delay and in any event no later than 14 days after the withdrawal and, to a B2B Customer, within 30 days of the withdrawal, using the same payment method, unless the Customer agrees to a different one. If a Product covered by the withdrawal has already been handed over, the Customer returns it in unchanged condition, and the Shop arranges its collection at its own expense. (B2B) In the case referred to in item 4, the cost of collection is borne by the B2B Customer. The Shop's right of withdrawal does not exclude its rights under the provisions on defects in declarations of intent (Articles 84–88 of the Civil Code). (B2B) The Shop's liability in connection with the withdrawal is limited to the refund of payments, except for damage caused intentionally. (B2C) If the Shop withdraws in part, the B2C Customer may, within 14 days of receiving the Shop's statement, also withdraw from the contract in the remaining part, with a full refund of the amounts paid; the Shop collects Products already handed over at its own expense. (B2C) Withdrawal by the Shop does not exclude the B2C Customer's statutory rights, including the claim for compensation, if the error or the unavailability of the Product results from circumstances for which the Shop is responsible.
Price change: before the contract is concluded, the Shop may propose to the Customer a change in the price of a Product (in particular as a result of a change in the Supplier's price list or in exchange rates). The order is fulfilled at the new price only if the Customer accepts it, in particular by paying the new price on the basis of an updated pro forma invoice; otherwise, the order is cancelled and the Shop refunds the payments received without undue delay and in any event within 14 days and, to a B2B Customer, within 30 days. Price changes do not apply to contracts already concluded.
Fulfilment times:
1. the fulfilment time (preparation of the order for dispatch) is indicated on the Product page and runs from the conclusion of the contract (para. 4); time limits given in days are counted in Business Days, and time limits given in weeks — as 5 Business Days for each week;
2. if the Product page indicates a range (e.g. “2–6 business days”, “5–6 weeks”), the fulfilment time is the upper limit of the range, and if it indicates an “up to” time limit (e.g. “up to 6 weeks”) — that time limit;
3. if the Product page indicates a Product availability date, the fulfilment time expires 15 Business Days after that date or after the conclusion of the contract, whichever is later;
4. if the Product page does not indicate a fulfilment time, the fulfilment time is up to 6 weeks and, for Special-order Products, up to 8 weeks;
5. the estimated dispatch dates and the stock information shown on the Shop's website are indicative, assume that the contract is concluded on the day on which they are displayed and do not change the time limits specified in items 1–4 and 7;
6. the fulfilment time does not include any period of delay resulting from reasons attributable to the Customer, in particular from providing incomplete or incorrect order or delivery details or from a failure to arrange the method of unloading (§5(3)); in relation to a B2C Customer, a failure to arrange the method of unloading extends the time limit only if, before the order was placed, the Shop informed the Customer that the Product is delivered on a pallet and that a forklift, a loading dock or a vehicle with a tail lift is needed to unload it (§5(6)(2));
7. (B2C) delivery takes place within the fulfilment time plus a transport time of up to 10 Business Days — the total time limit determined in this way constitutes the agreed time limit for handing over the goods;
8. (B2B) the time limits are indicative (§5(7)(1)).
The Shop offers Custom-made Products only after the specification has been individually agreed (§6(3)); before concluding such a contract, the Shop informs the B2C Customer that there is no right of withdrawal (§12(6)).
Changing an order after it has been placed requires the Shop's consent.
Transaction security verification: in the event of a justified suspicion of payment fraud or of the transaction being contrary to law, the Shop may suspend the fulfilment of the order for the necessary time, not exceeding 5 Business Days, informing the Customer without undue delay and indicating how the matter can be clarified. (B2B) The fulfilment time is extended by the period of the suspension.
Change of batch, Supplier or manufacturer: the Shop may deliver a Product from a different batch or from a different Supplier if it is the same model from the same manufacturer. (B2B) To a B2B Customer, the Shop may also deliver a Product from a different manufacturer or a different model with at least the same technical parameters and intended use. (B2C) Delivery to a B2C Customer of a Product from a different manufacturer or of a different model requires the Customer's prior consent expressed on a Durable Medium; in the absence of consent, the Shop performs the contract in accordance with its terms and, where this is not possible, para. 5 item 3 applies.

§4. Payments and invoices

Payment is made in advance, in full, before the order is passed on for fulfilment, unless the Shop has individually and expressly agreed a deferred payment term (in particular with financing entities or regular B2B Customers). The Shop may revoke an agreed deferral in respect of future orders at any time.
Payment methods: online payment via the operators PayU and Przelewy24 (the available methods, e.g. BLIK, card or fast transfer, depend on the operator's offer for the order concerned) and bank transfer on the basis of a pro forma invoice. Online payment is made on the operator's website; the Shop does not store payment card data.
LeaseLink financing: the decision to grant financing rests solely with the financing entity; the Shop bears no responsibility for a refusal. In the case of an operating lease, the purchaser of the Product is the financing entity (sales contract on B2B terms, invoice issued to the financing entity), and the Customer using the Product is not a party to the sales contract; in the case of a leasing loan, the purchaser is the Customer (invoice issued to the Customer), whose status is determined in accordance with the general rules. If the purchaser is the financing entity, the rights under the guarantee (§10) are exercised by the lessee indicated in the order, on the terms applicable to a B2B Customer.
Invoices: invoices for buyers who are not consumers (including B2C Customers carrying on business activity) are issued in the National e-Invoicing System (KSeF) using the details and Tax ID provided in the order; a visualisation of such an invoice may be sent by e-mail. The sales document is sent to Consumers by e-mail. Acceptance of the Terms and Conditions means consent to invoices being sent in electronic form.
(B2B) Delay in payment (applies to individually agreed deferred payment terms, including settlements with financing entities): a delay entitles the Shop to charge the interest and compensation provided for in the Act on Counteracting Excessive Delays in Commercial Transactions (including compensation of EUR 40/70/100) and to reimbursement of reasonable debt collection costs, to suspend the fulfilment of further orders until the arrears are paid and, where the arrears exceed 14 days, to withdraw from contracts not yet performed after an unsuccessful demand for payment. Payments made by a B2B Customer are allocated first to the costs of debt recovery and the compensation, then to interest, and finally to the principal amounts due, starting with those that fell due earliest.
(B2B) The initiation by a B2B Customer of a chargeback procedure or of another payment complaint which proves unjustified entitles the Shop to demand reimbursement of the documented costs of that procedure (including payment operators' fees) and to suspend the fulfilment of orders until the payment is restored; the Shop's claim for payment of the price revives in full.
(B2B) Trade credit and security: where deferred payment or a trade credit limit has been agreed, the Shop may make fulfilment conditional on security being provided (in particular: a blank promissory note with a promissory note declaration, a bank or insurance guarantee, a security deposit, a suretyship, receivables insurance). The amount of the trade credit limit is set by the Shop, which may reduce or revoke it at any time; orders exceeding the limit require prepayment. If the B2B Customer is more than 14 days late in paying any amount due, if enforcement proceedings are being conducted against the Customer, or if the receivables insurer has reduced or revoked the limit for that Customer, all of the Shop's claims against the B2B Customer that are not yet due become immediately due and payable, and the Shop may suspend deliveries until payment is made or security is provided; irrespective of this, the Shop is entitled to exercise its right under Article 490 of the Civil Code.

§5. Delivery (kerbside delivery service)

Territory and costs: deliveries are made only within the territory of the Republic of Poland. The Shop is intended for Customers making purchases with delivery within the territory of Poland and does not direct its activities to consumers whose habitual residence is in other countries; the English language version of the Shop serves only to facilitate purchases with delivery in Poland. Delivery outside the territory of Poland requires individual agreement and is possible only for B2B Customers. The cost of delivery is PLN 0 if the value of the Products in the cart (gross, after discounts) is at least PLN 200, and PLN 20 gross if the value is lower; for orders containing OUTLET Products, a weight-based fee for their delivery is added. The cost of delivery covers only kerbside delivery (para. 2) on a Business Day; additional services (in particular a vehicle with a tail lift, carrying in, delivery on an agreed day or at an agreed time, re-delivery at the Customer's request) are charged according to a quotation accepted by the Customer before the order is placed or — after it has been placed — in documentary form. The cost of delivery is indicated in the order summary before the order is placed; details are set out in the Delivery Terms. The Shop may fulfil an order in partial deliveries, of which it informs the Customer; a partial delivery made on the Shop's initiative does not increase the cost of delivery. (B2B) A partial delivery made at the B2B Customer's request is charged according to the carrier's rates. (B2B) Each partial delivery may be invoiced separately and is treated separately as regards settlements, the passing of risk and the running of time limits for notifications, and a delay in or defects of one partial delivery do not entitle the B2B Customer to refuse to accept or pay for the remaining deliveries.
Scope of the kerbside delivery service: delivery to the nearest accessible, hard-surfaced place by the building that can be reached by a delivery van or lorry; unloading takes place at the vehicle. The service does not include carrying in, moving inside the building, unpacking, installation, connection, levelling or disposal of packaging and pallets. The Shop is not liable for damage occurring during the moving, carrying in, transport inside the premises or positioning of the Product after it has been handed over; this does not limit the Shop's liability towards B2C Customers for lack of conformity of the Product with the contract or liability for a dangerous product.
Access, unloading and installation conditions: the Customer ensures unobstructed access (vehicle dimensions, load-bearing capacity of the surface, no obstacles) and, for pallet deliveries — a place to set down the pallet and onward transport by their own means. If a vehicle with a tail lift is needed for unloading, the Customer arranges this with the Shop before placing the order (service priced individually); without such an arrangement, unloading may not take place on the scheduled date (consequences: para. 6). The Customer, by their own means and at their own expense, ensures before delivery the installation conditions required for the Product (connection capacity and electrical protection, gas connection and gas parameters, water connection with the required pressure and water treatment, drainage, ventilation or flue gas extraction, and the acceptance inspections required by law); the absence of installation conditions does not give a right to refuse to accept the Product, does not suspend payment and does not constitute a defect of the Product.
Delivery notification and receipt: deliveries take place on Business Days, within an approximate time window indicated by the carrier (for information purposes). The Customer ensures the presence of a person authorised to receive the delivery.
Inspection on receipt and transport damage:
1. (B2B) The B2B Customer examines the consignment at the time it is handed over, in the presence of the carrier (Article 545 §2 of the Civil Code): the Customer checks the number of packages and pallets, their external condition and the way they are secured. The B2B Customer describes visible damage, signs of tampering or missing packages in the transport document (in particular in the CMR consignment note) or in a damage report drawn up with the carrier, documents them with photographs taken before unloading or immediately afterwards and sends the Shop a notification together with those documents via the contact form in the Shop or by e-mail no later than 24 hours after delivery;
2. (B2C) When receiving the consignment, the B2C Customer should check the number and condition of the packages and describe any visible damage or loss in a damage report drawn up with the carrier (Article 545 §2 of the Civil Code). Failure to take these steps does not deprive the B2C Customer of the rights under §9 Part A or of the right to withdraw from the contract;
3. (B2B) The B2B Customer unpacks and checks the Product without undue delay, no later than 2 Business Days after delivery or personal collection, and within that time limit reports via the contact form in the Shop or by e-mail damage not visible on receipt, shortages in the contents of packages, incompleteness, non-conformity of the Product with the order (type of goods, quantity, model) and apparent defects (defects visible on careful inspection of the unpacked Product, without installing or starting it up); the notification includes photographs of the Product, of the packaging and of the shipping label;
4. (B2B) until the notification referred to in item 1 or 3 has been dealt with, but for no less than 14 days from the notification, the B2B Customer keeps the Product together with the original packaging and pallet in unchanged condition, does not install or use it and allows the Shop, the carrier, the insurer or the Supplier to inspect it;
5. (B2B) failure to take the steps referred to in item 1, 3 or 4 within the time limits results in the loss of the B2B Customer's claims against the Shop for transport loss and damage; acceptance of the consignment without reservations may, in addition, result in the expiry of claims against the carrier under the laws governing carriage. Failure to report shortages or non-conformity with the order within the time limit referred to in item 3 means confirmation that the delivery was complete and in accordance with the order, until the B2B Customer proves otherwise, and the B2B Customer's claims for damages on those grounds expire. Apparent defects not reported within the time limit referred to in item 3 are not covered by the guarantee (§10). The first and second sentences do not apply to damage caused intentionally;
6. (B2B) the risk of loss and damage in transport is borne by the B2B Customer from the moment the Product is handed over to the carrier (para. 8). The Shop reports the damage to the carrier and to the Supplier on the basis of the B2B Customer's documents. If the carrier or the Supplier acknowledges the damage, the Shop — at its discretion — supplies the B2B Customer with an undamaged Product or part, commissions a repair or reduces the price, to the extent corresponding to that acknowledgement; beyond that, the Shop is not liable to the B2B Customer for transport loss and damage, except for damage caused intentionally;
7. (B2B) the Shop fulfils an upheld notification of shortages or of non-conformity of the Product with the order by delivering the missing or correct Product within the fulfilment time (§3(7)) counted from the day the notification is upheld; the B2B Customer hands over the Product that does not conform to the order to the carrier designated by the Shop, at the Shop's expense.
Unsuccessful delivery for reasons attributable to the Customer (no access or no recipient, incorrect address, failure to arrange a vehicle with a tail lift when one was needed):
1. (B2B) The Shop may charge the Customer, in particular, the costs of the unsuccessful delivery attempt and of re-dispatch according to the carrier's rates and a storage fee of 0.5% of the order value, not less than PLN 100, for each commenced day of storage, whereby the total storage fee does not exceed the higher of: 20% of the order value or PLN 1,000; the fee does not preclude claiming compensation exceeding its amount. After the time limit of 30 days set in the demand to collect has expired to no effect, the Shop may, within 6 months of its expiry, withdraw from the contract and claim compensation for the damage. Irrespective of the above, if the B2B Customer is in default in collecting the Product, the Shop may place the Product in safekeeping at the Customer's expense and risk or — after an additional time limit set for collection has expired to no effect — sell the Product for the Customer's account (Article 551 of the Civil Code), applying the price obtained, after deducting the costs of sale and storage, towards the amounts owed by the Customer.
2. (B2C) The B2C Customer may be charged the actual, documented and reasonable costs of re-delivery and storage if the delivery did not take place for reasons for which the Customer is responsible and, if the reason was a failure to arrange a vehicle with a tail lift, only if, before the order was placed, the Shop informed the Customer that the Product is delivered on a pallet and that a forklift, a loading dock or a vehicle with a tail lift is needed to unload it. (B2C) If the B2C Customer, despite a demand to collect, does not collect the Product for reasons for which the Customer is responsible, the Shop may set the Customer, on a Durable Medium, an additional time limit for collection of not less than 14 days, with a warning of withdrawal from the contract, and, after that time limit has expired to no effect, withdraw from the contract within 60 days of its expiry (Article 491 §1 of the Civil Code); the Shop then refunds the payments received without undue delay and in any event no later than 14 days after the withdrawal, reduced by the costs which, under the first sentence, it may charge the B2C Customer.
Delivery times:
1. (B2B) Delivery times are indicative and non-binding. Withdrawal from the contract due to delay is possible only if the delay in relation to the indicative time exceeds 90 days, and after an additional time limit of not less than 14 days has first been set for the Shop in writing. The Shop's liability for damages for delays is excluded; the exclusion does not apply to damage caused intentionally.
2. (B2C) The total time limit for handing over the goods specified in §3(7) applies. Once it has been exceeded, the B2C Customer may call on the Shop to deliver within an additional time limit and, if that time limit expires to no effect, withdraw from the contract with a full refund of the amounts paid (Article 543¹ of the Civil Code). Without setting an additional time limit, the B2C Customer may withdraw from the contract if the Shop has declared that it will not deliver the Product or if delivery after the time limit would be of no significance to the B2C Customer given the purpose of the contract known to the Shop (Articles 492 and 492¹ of the Civil Code).
Risk: in relation to B2C Customers, the risk of accidental loss of or damage to the Product passes upon delivery (and if the Customer has independently chosen a carrier not offered by the Shop — when the Product is handed over to that carrier). (B2B) The place of performance of the Shop's obligation towards the B2B Customer is the place where the Product is handed over to the carrier; at that moment, the risk of accidental loss of or damage to the Product passes to the B2B Customer, also where the Shop arranges delivery to the B2B Customer's address. (B2B) In the case of returns and consignments sent back to which the Shop has consented (§11), the risk rests with the B2B Customer until the Product is delivered to the address indicated by the Shop. The liability of the B2C Customer upon withdrawal is set out in §12(5).
Temporary obstacles: the Customer is informed of temporary obstacles to fulfilment that are beyond the Shop's control, together with the expected new date. (B2C) The new date is binding on the B2C Customer only if the Customer consents to it; the B2C Customer's rights under para. 7 item 2 and §12 remain unaffected. Permanent unavailability of the Product is governed by §3(5)(3).
The disposal of packaging and pallets is the Customer's responsibility.

§6. Personal collection and additional services

Personal collection is possible only by arrangement with the Shop, at the Shop's showroom in Kraków (ul. Longinusa Podbipięty 66), on Business Days, 8:30–16:30. The collection time is set individually and is usually longer than the delivery time. The risk of accidental loss of or damage to the Product passes to the Customer when the Product is handed over. (B2B) On personal collection, the B2B Customer checks the number and external condition of the packages when the Product is handed over and reports visible damage before taking the Product.
Installation and commissioning are carried out for a fee by the Shop's service team or an external service provider cooperating with the Shop, only by individual arrangement and after the Shop has confirmed the scope, price and date of the service on a Durable Medium; without such confirmation, the Shop is not obliged to perform the service and may refuse to perform it, in particular outside the area in which it provides the service or for a Product which it does not install. The Customer ensures the installation conditions (§5(3)); if the service cannot be performed for reasons attributable to the Customer, the Shop may charge a B2B Customer the cost of the unsuccessful call-out in the amount of the price of the service, and a B2C Customer — the actual, documented costs of the unsuccessful call-out. (B2C) If the B2C Customer wishes the Shop to begin the service before the time limit for withdrawal from the contract for its provision expires, the Customer submits on a Durable Medium (in particular by e-mail) a statement containing an express request to begin the service before that time limit expires and a confirmation that the Customer acknowledges losing the right to withdraw from that contract once the Shop has fully performed the service (Article 21(2) and Article 38(1)(1) of the Consumer Rights Act). (B2C) The Shop does not begin the service before that time limit expires without such a statement and confirms its receipt on a Durable Medium. (B2C) A B2C Customer who has made such a statement and has withdrawn from the contract before the service has been fully performed pays for the performance rendered up to the moment of withdrawal, in proportion to the agreed price (Article 35 of the Consumer Rights Act).
Manufacture of a Custom-made Product (e.g. made to measure) is possible after the specification, price and date have been agreed, usually for larger quantities. The B2C Customer has no right to withdraw from such a contract (§12(6)).
(B2B) The Shop's liability in connection with installation and commissioning is limited to the amount of the remuneration for the service concerned; the limitation does not apply to damage caused intentionally.
(B2B) Advice: information and advice given by the Shop when selecting a Product are of an auxiliary nature and do not constitute an assurance that the Product is fit for a particular purpose. The B2B Customer decides on the choice of the Product, its parameters and the method of installation.

§7. OUTLET Products

OUTLET Products are sold exclusively to B2B Customers. The Shop rejects an order for an OUTLET Product placed by a B2C Customer (in particular without a Tax ID being provided) before the contract is concluded or withdraws from the contract on the terms of §3(5)(2).
The condition of an OUTLET Product (in particular signs of use, damage to the packaging and disclosed defects) is described on the Product page; the described condition does not constitute a defect of the Product or a lack of its conformity with the contract. The Customer expressly and separately accepts the described condition in the order form; this acceptance has the effect referred to in Article 43b(4) of the Consumer Rights Act also if the OUTLET Product was purchased by a B2C Customer.
Prime Gastro grants a 6-month full guarantee on OUTLET Products on the terms of §10; the guarantee does not cover the defects, damage and features described on the Product page or their consequences (§10(8)(5)). (B2B) The statutory warranty for defects (rękojmia) is excluded (§9 Part B).
(B2B) OUTLET Products are not subject to return (§11(7)) or cancellation (§13(4)).
The cost of delivery of OUTLET Products is set out in §5(1).

§8. Liability and safeguards (B2B)

In B2B relations, the Shop is not liable for indirect damage, consequential damage, lost profits, loss of data (including data stored in devices), business interruptions, downtime costs, spoiled products or other non-material damage. The Shop's total liability for damages on any legal basis, including under the guarantee (§10), for delay and for improper performance of the contract, is limited to the net price of the Product to which the claim relates and, if the claim does not relate to a specific Product, to the net value of the order; the limitation does not apply to the performance of the guarantee obligations under §10(3)(1)–(3).
The limitations in para. 1 do not apply to damage caused intentionally, personal injury, liability for a dangerous product (Articles 449¹–449¹⁰ of the Civil Code) or other cases in which limitation or exclusion of liability is not permitted by law.
Retention of title: the Product remains the property of Prime Gastro until the full price has been paid (Article 589 of the Civil Code); payment is deemed to have been made when it can no longer be reversed, in particular as a result of a chargeback. Until payment is made, the B2B Customer may not sell or encumber the Product and notifies the Shop without undue delay of any seizure of the Product or of any claims to it by third parties. In the case of a sale with a deferred payment term or within a trade credit limit (§4(1) and (7)), the Shop may make the handover of the Product conditional on the B2B Customer confirming the retention of title in writing or in electronic form, with a certain date (data pewna).
Prohibition of assignment: the B2B Customer may not transfer rights or claims arising from the contract to a third party without the Shop's prior written consent.
Prohibition of set-off: the B2B Customer may not set off their claims against the Shop's claims, unless the Customer's claim has been established by a final court decision or expressly acknowledged by the Shop in writing.
Exclusion of the right of retention: the B2B Customer has no right of retention over the Product or other items belonging to the Shop (Articles 461 and 496 of the Civil Code) in connection with any claims against the Shop.
Instructions and personnel: before starting up the Product, the Customer is obliged to read the operating instructions and the technical and operating documentation and to ensure that the Product is operated only by personnel trained in its operation, in accordance with its intended use and the instructions; the consequences of operation contrary to the instructions are borne by the B2B Customer.
Conformity and local requirements: the Products bear the required CE marking; the Shop makes the EU declaration of conformity or other manufacturer's documents available on request. The Customer is responsible for meeting the requirements concerning the place and manner of operation (including sanitary, HACCP, fire safety and technical inspection requirements).

§9. Complaints

A. B2C Customers — lack of conformity of the goods with the contract

The Shop is liable to the B2C Customer for a lack of conformity of the Product with the contract on the terms set out in Chapter 5a of the Consumer Rights Act — for a lack of conformity which existed at the time of delivery and became apparent within 2 years of delivery; a lack of conformity which becomes apparent within that period is presumed to have existed at the time of delivery.
In the event of a lack of conformity, the B2C Customer may demand repair or replacement. The Shop may carry out a replacement instead of the requested repair, or a repair instead of the requested replacement, if the method chosen by the B2C Customer is impossible or would require excessive costs for the Shop; if both repair and replacement are impossible or would require excessive costs, the Shop may refuse to bring the Product into conformity with the contract. The B2C Customer may submit a statement on price reduction or withdrawal from the contract where: (a) the Shop has refused repair or replacement or has not carried them out in accordance with the Act, (b) the lack of conformity persists despite an attempt to bring the Product into conformity, (c) the lack of conformity is so significant that it justifies an immediate price reduction or withdrawal, or (d) it is clear from the Shop's statement or the circumstances that the Shop will not bring the Product into conformity within a reasonable time or without excessive inconvenience. Withdrawal is not available where the lack of conformity is immaterial; a lack of conformity is presumed to be material. Repair or replacement takes place within a reasonable time and without excessive inconvenience. The Shop refunds the amount resulting from the price reduction without undue delay and in any event within 14 days of receiving the statement on price reduction. In the event of withdrawal from the contract, the B2C Customer returns the Product without undue delay at the Shop's expense (the Shop arranges collection), and the Shop refunds the price without undue delay and in any event within 14 days of receiving the Product or proof of its dispatch. The Shop makes the refund using the same payment method, unless the B2C Customer expressly agrees to a different method that involves no costs for them.
The costs of repair or replacement, including the costs of transport, labour and materials, are borne by the Shop. The B2C Customer makes the Product to be repaired or replaced available to the Shop, and the Shop collects it at its own expense. If the Product was installed before the lack of conformity with the contract became apparent, the Shop removes it and reinstalls it after repair or replacement, or has these activities carried out at its own expense. If the price or part of it has not been paid, the B2C Customer may withhold payment until the Shop has performed its obligations under this Part.
Submissions: via the contact form in the Shop, by e-mail to info@primegastro.pl or in writing to the address given in §1. Please enclose a description and photographs.
The Shop responds to a Consumer's complaint on paper or on another Durable Medium within 14 days; failure to respond within that time limit means acceptance of the complaint. The Shop responds to complaints from other B2C Customers within 30 days.
Normal wear and tear resulting from proper use does not constitute a lack of conformity with the contract; this does not apply to wear that is premature or excessive in relation to the durability that can reasonably be expected.
With regard to Products with digital elements, the Shop provides information about updates (including security updates) necessary to maintain conformity with the contract and supplies them for the period resulting from the Act; information on functionality, compatibility and interoperability is provided on the Product page.
The Shop deals with a notification by a B2C Customer concerning a defect of the Product, submitted within 2 years of delivery, as a complaint about a lack of conformity of the Product with the contract, unless the B2C Customer indicates that they are exercising their rights under the guarantee (§10); the B2C Customer may exercise the rights relating to a lack of conformity independently of the rights under the guarantee. The Shop's performance under this Part does not constitute the performance of guarantee obligations.

B. B2B Customers

In B2B relations, the Shop's liability under the statutory warranty for physical and legal defects of the Product is excluded in its entirety (Article 558 §1 of the Civil Code). The Shop's liability for defects of the Product under the general rules, including for damage caused by a defect, is also excluded, subject to §8(2).
The B2B Customer's rights in respect of defects of the Product arise solely from §10: from the Prime Gastro guarantee, to the extent and on the terms set out there, and, in the case of Spare Parts purchased as separate Products, from §10(2).
Quality claims: via the contact form in the Shop or by e-mail, with full photographic documentation and — in the case of transport damage — the documents referred to in §5(5). Formal deficiencies suspend the running of the time limits for a response and for the performance of guarantee obligations; the Shop responds to a complete claim within 30 days and performs the guarantee obligations within the time limit set out in §10(6).
The B2B Customer is obliged to secure the Product subject to the complaint until the proceedings have been completed and to refrain from further use of it; further use may result in a refusal to uphold the claim.
In the case of an unjustified claim (in particular where the defect does not exist, is not covered by the guarantee or results from improper operation, lack of maintenance or failure to descale), the B2B Customer covers the costs of diagnosis, of the technician's travel and work, of transport in both directions and of the parts supplied to the Customer, according to the rates and price list communicated on a Durable Medium (§10(5)(4)).

§10. Prime Gastro Full Guarantee

Guarantor and territorial scope: Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków (details in §1(1)) (the “Guarantor”). This section constitutes the guarantee statement; the Customer receives it on a Durable Medium together with the Terms and Conditions (§1(5)) and may demand that it be issued on paper or on another Durable Medium. The guarantee covers Products installed and operated within the territory of the Republic of Poland. “Full guarantee” means that the Guarantor remedies a defect covered by the guarantee without charging the Customer the costs of parts or of the labour and travel of a technician within the territory of Poland — on the terms, with the requirements and with the exclusions set out in this section. (B2B) Information about the guarantee published outside this section does not extend the scope of the guarantee in relation to a B2B Customer.
Period and subject matter: the guarantee covers brand-new Products purchased in the Shop — for 24 months, and OUTLET Products — for 6 months. (B2C) In relation to a B2C Customer, the guarantee period runs from the day of delivery of the Product and, in the case of personal collection, from the day it is handed over. (B2B) In relation to a B2B Customer, the guarantee period runs from the day the Product is handed over to the carrier (§5(8)) and, in the case of personal collection, from the day it is handed over. The guarantee covers physical defects of the Product arising from causes inherent in the Product at the time it was handed over (material or workmanship defects) which become apparent during the guarantee period and are reported in accordance with para. 4. Neither Spare Parts purchased in the Shop as separate Products nor services, in particular installation and commissioning (§6(2)), are covered by the guarantee. (B2B) If a Spare Part purchased as a separate Product was defective at the time it was handed over and was reported, with photographs, within the time limit set out in §5(5)(3), the Shop — at its discretion — replaces it with one free from defects within the fulfilment time (§3(7)) counted from the day the notification is upheld, or refunds its price (where a VAT invoice was issued — on the basis of a corrective invoice) within 30 days of the day the notification is upheld. (B2B) §5(5)(4) applies accordingly to the notification; at the Shop's request, the B2B Customer hands over the defective Spare Part to the carrier designated by the Shop, at the Shop's expense, and the Shop may withhold the replacement or the refund until it receives that Spare Part. (B2B) Any other rights of the B2B Customer in respect of defects of a Spare Part, including claims for reimbursement of the costs of its removal, installation and commissioning, are excluded, subject to §8(2).
Scope of the guarantee:
1. the Guarantor remedies a defect covered by the guarantee free of charge — at its discretion, by repairing or replacing a part or component — and covers the costs of parts and of the labour and travel of the technician designated by the Guarantor;
2. the defect is remedied at the place where the Product is installed, on Business Days, and, if the Guarantor considers that the nature of the defect or of the Product so requires — at a service centre designated by the Guarantor within the territory of Poland (para. 5 item 7); a part which, under the operating instructions, is intended to be replaced by the user may be supplied by the Guarantor together with replacement instructions. Work carried out at the Customer's request outside Business Days or on an urgent basis is charged according to rates accepted by the Customer on a Durable Medium before it is carried out;
3. if remedying the defect is impossible or its cost would exceed 50% of the price of the Product, the Guarantor — at its discretion — replaces the Product with one free from defects or refunds the price paid for the Product (where a VAT invoice was issued — on the basis of a corrective invoice), against the return of the Product on the terms of para. 5 item 7. (B2C) Replacement with a Product of a different model requires the B2C Customer's consent. (B2B) In relation to a B2B Customer, the Product may be replaced with a Product of a different model with at least the same technical parameters and intended use, and a refund of the price is reduced by the value of wear and tear according to Annex 1, calculated from the day the Product was handed over;
4. replaced parts and components become the property of the Guarantor. (B2B) In relation to a B2B Customer, the Guarantor may use new or reconditioned parts with parameters no worse than those of the part being replaced;
5. the Guarantor may — at its own discretion and without being obliged to do so — cover, in a given case, costs excluded from the guarantee (para. 7 and 8) or provide another service beyond this section. The Guarantor confirms its decision on a Durable Medium before the service is provided; the decision does not change the scope of the guarantee, does not constitute an acknowledgement of an obligation and does not create an obligation in other cases. (B2C) This provision does not concern the Seller's obligations towards the B2C Customer in respect of a lack of conformity of the Product with the contract (§9 Part A), which the Seller performs at its own expense by operation of law;
6. (B2B) the Guarantor is not liable to the B2B Customer for indirect damage, lost profits, downtime costs, spoiled products or the costs of replacement equipment, except for damage caused intentionally (§8).
Claim: a defect is reported within the guarantee period via the contact form in the Shop or by e-mail to info@primegastro.pl without undue delay after it has been discovered. From the moment the defect is discovered, the device should not be used; the guarantee does not cover damage resulting from continued use of the device or from an unjustified delay in reporting. The claim contains: the order or invoice number (proof of purchase), the model and serial number of the device (a photograph of the rating plate), a description of the defect and of the circumstances in which it occurred, photographs or a video of the defect and the error code, if the device displays one, and, in addition, for Devices Requiring Qualified Installation (para. 7 item 1) — the Commissioning Report, for devices connected to the water supply or drainage system (para. 7 item 4) — proof of connection, and for devices requiring maintenance inspections (para. 7 item 5) — the reports of the inspections required up to the date of the claim (a “complete claim”). (B2B) The B2B Customer reports a defect no later than 3 Business Days after discovering it and an apparent defect — within the time limit set out in §5(5)(3); defects reported after these time limits are not covered by the guarantee. (B2B) At the Guarantor's request, the B2B Customer also presents the documents referred to in para. 7 item 3 and in para. 7 item 4, second sentence. (B2C) The absence of photographs, a video or an error code does not deprive the B2C Customer of the guarantee if the defect can be established in another way; a B2C Customer's claim is complete if it contains proof of purchase, the model of the device and a description of the defect and, for a Device Requiring Qualified Installation (para. 7 item 1), also the Commissioning Report. (B2C) The B2C Customer encloses proof of connection (para. 7 item 4) and the inspection reports (para. 7 item 5) if they have them; their absence does not suspend the running of the time limit set out in para. 6 and has only the effects specified in para. 7 item 4, last sentence, and in para. 7 item 5, second sentence.
Diagnosis, technician visit and transport:
1. the Guarantor starts with a remote diagnosis (photographs, video, error code, conversation, checks carried out by the Customer following the Guarantor's instructions, if they do not require qualifications) and, on that basis, decides on the method of remedying the defect; a technician visit takes place if the remote diagnosis is not sufficient to remedy the defect;
2. the technician is appointed and engaged exclusively by the Guarantor; the costs of a technician called out by the Customer independently, without the Guarantor's prior consent expressed on a Durable Medium, are not reimbursed; if, at the Customer's request, the Guarantor agrees that the defect will be remedied by the Customer's technician, the Guarantor supplies the necessary parts and does not cover the costs of that technician's work and travel;
3. on the agreed date, the Customer provides the technician with safe access to the device: the device must be cooled down, emptied of products and cleaned and, if this does not require qualifications, disconnected from the power supply and utilities, and must be accessible without dismantling built-in units, furniture, cladding or parts of the building and without the use of specialist equipment (e.g. a lifting platform); the Customer carries out the preparatory work at its own expense;
4. (B2B) if the visit proves unjustified — the defect does not exist, is not covered by the guarantee (in particular under para. 2, 4, 7, 8 or 10) or the visit could not take place or be completed for reasons attributable to the B2B Customer (in particular lack of access, power supply or utilities, device not prepared in accordance with item 3) — the B2B Customer covers the costs of the technician's travel and work and of the diagnosis according to the rates communicated to the Customer on a Durable Medium before the date of the visit was confirmed. If the B2B Customer's claim contained untrue information material to its assessment (in particular as to the date on which the defect was discovered, the circumstances in which it arose, the installation or the maintenance), the Guarantor may refuse to provide the guarantee service in respect of that defect, and the B2B Customer also covers the Guarantor's other documented costs related to the claim;
5. (B2C) the B2C Customer covers the costs of the technician's travel and work according to the rates communicated to the Customer only if, before the date of the visit was confirmed, the Customer made a statement on a Durable Medium that they request the visit, accept those rates in the event of an unjustified visit and acknowledge that they will lose the right to withdraw from the contract for the visit once it has been carried out, and the visit: (a) could not take place for reasons attributable to the Customer, (b) showed that the claim was caused by operation contrary to the operating instructions (in particular a switched-off power supply or circuit breaker, a closed water or gas supply, a blocked or uncleaned filter) which is not a consequence of a lack of conformity of the Product with the contract (§9 Part A), or (c) showed that the fault results from a circumstance excluded from the guarantee that does not constitute a lack of conformity of the Product with the contract (§9 Part A). In other cases, the visit is free of charge for the B2C Customer;
6. the technician draws up a service report (scope of work, parts replaced, photographs); the Customer receives a copy of it on request;
7. if remedying the defect requires the device or a component to be handed over to a service centre, the device should be clean and disinfected — otherwise, the Guarantor may suspend the repair until the device has been cleaned or charge the Customer the cost of cleaning; before handing the device over, we recommend making a copy of the data and programs stored in it. (B2C) The Guarantor arranges the transport of the B2C Customer's device and covers its cost. (B2B) The Guarantor arranges the transport of the B2B Customer's device at its own expense; if the claim proves unjustified (§9 Part B(5)), the B2B Customer reimburses the Guarantor for the cost of transport in both directions according to the rates communicated to the Customer on a Durable Medium before the device is collected. The risk of accidental loss of or damage to the device from its handover to the Guarantor or to the carrier designated by the Guarantor until its collection by the Customer is borne by the Guarantor;
8. the Guarantor's assessment does not deprive the Customer of the possibility of proving that the defect is covered by the guarantee. (B2B) The B2B Customer may challenge the Guarantor's assessment by presenting, at its own expense, an opinion of a service company holding the required qualifications.
Performance and guarantee period: the Guarantor performs its guarantee obligations within 90 days of receiving a complete claim (para. 4). The time limit does not include the period by which remedying the defect was delayed for reasons attributable to the Customer, in particular due to lack of access to the device (para. 5 item 3). (B2C) The Guarantor responds to a Consumer's claim on a Durable Medium within 14 days of its receipt and indicates the expected date of the technician visit or of remedying the defect. (B2B) In relation to a B2B Customer, the time limit referred to in the first sentence is extended by the period of delay in the delivery of parts by the Supplier for reasons beyond the Guarantor's control, by no more than 90 days in total, of which the Guarantor informs the B2B Customer on a Durable Medium. (B2B) The Guarantor is not liable to the B2B Customer for damage resulting from delay in the performance of guarantee obligations, except for damage caused intentionally. (B2C) In relation to a B2C Customer, the guarantee period starts to run anew or is extended in the cases and on the terms set out in Article 581 of the Civil Code. (B2B) In relation to a B2B Customer, the performance of guarantee obligations, including repair and the replacement of parts or of the Product, does not cause the guarantee period to start running anew or to be extended, and the parts and the replaced Product are covered by the guarantee until the end of the original guarantee period of the Product. The services referred to in para. 3 item 5 and the Seller's performance towards the B2C Customer under §9 Part A do not constitute the performance of guarantee obligations.
Requirements for the Customer (guarantee conditions):
1. Device Requiring Qualified Installation — a device supplied without a plug (regardless of the supply voltage), powered at 400 V, gas-fired, or a refrigeration device with an external condensing unit (including devices whose installation requires the refrigeration circuit to be connected or charged on site) — must be installed and commissioned for the first time by a person holding the qualifications required by law, as confirmed by the Commissioning Report: a record or report of the installation and first commissioning, or an invoice for those activities, issued by that person or by the business on whose behalf that person acted and stating the number of that person's qualification certificate; the absence of a Commissioning Report means no guarantee for that device; these features (method of power supply, voltage, type of condensing unit) follow from the technical data on the Product page, and in case of doubt the Customer may ask the Shop before purchase;
2. each Product must be installed, connected and commissioned in accordance with the operating and installation instructions, in particular as regards the parameters and protection of the electrical or gas supply, the water supply and drainage connections, ventilation or flue gas extraction, clearances from walls and other appliances, and levelling; defects arising from installation, connection, commissioning or servicing by persons without the required qualifications or contrary to the instructions, and defects arising from repair or modification carried out by persons not authorised by the Guarantor, are not covered by the guarantee. (B2B) Repair or modification of the Product carried out during the guarantee period without the Guarantor's prior consent by a person not authorised by the Guarantor results in the loss of the guarantee for that Product;
3. the Product must be operated in accordance with its intended use and within the parameters specified in the operating instructions (in particular capacity, load, continuous operating time, ambient temperature and climate class) and cleaned and maintained in accordance with the instructions, including cleaning the condenser and filters, descaling and replacing filters at the intervals specified in the instructions, using only agents approved in the instructions. (B2B) The B2B Customer documents maintenance work, descaling and filter replacement (maintenance log, invoices for agents or services, reports) and presents the documents at the Guarantor's request; the absence of such documents means no guarantee for the components to which the required maintenance relates;
4. devices connected to the water supply (in particular combi steamers, dishwashers, ice cube makers, coffee machines, water boilers) require a water supply with the parameters specified in the operating instructions (if not specified: hardness 3–6°dH) and the use and timely replacement of filters and water softeners. (B2B) At the Guarantor's request, the B2B Customer presents the result of a water hardness measurement or proof that water treatment is used. The connection of a device to the water supply or drainage system (water connection or drain) must be made by an installer — a business that professionally carries out plumbing and drainage installations or the installation of catering equipment — as confirmed by a record of the connection of that device, an invoice for its connection or a Commissioning Report covering that connection, issued by the installer (“proof of connection”). (B2B) The B2B Customer's device may also be connected by its employee who, as part of their job duties, professionally carries out plumbing and drainage installations or the installation of catering equipment; in that case, the proof of connection is a record of the connection of that device signed by that employee and by a person authorised to represent the B2B Customer, containing the employee's first name and surname, a statement that the employee professionally carries out such work as part of their job duties, the date of the connection and the model and serial number of the device. (B2B) The proof of connection states the date of the connection; a connection made after the defect was discovered does not satisfy the requirement of this item in respect of that defect. (B2B) If the device has been connected to the water supply or drainage system, the absence of proof of connection means that the B2B Customer has no guarantee for that device. (B2C) In relation to a B2C Customer, the absence of proof of connection excludes the guarantee only in respect of defects which arose as a result of the device being improperly connected to the water supply or drainage system;
5. refrigeration devices, gas devices and combi steamers require periodic maintenance inspections, carried out at the Customer's expense by a service company holding the required qualifications at least once every 12 months (in continuous operation or in conditions of increased dust or grease — every 6 months) and documented by a service report; the absence of a documented inspection means no guarantee for the components affected by the neglect. (B2C) In relation to a B2C Customer, the absence of an inspection excludes the guarantee only in respect of defects which arose as a result of the absence of the inspection.
The guarantee does not cover:
1. consumable parts and materials and parts subject to natural wear, in particular: glass (including door panes and lamp covers), gaskets and sealing materials, rubber and silicone elements, bulbs, fluorescent tubes and other lighting elements, filters, knives, blades, cutting discs and cutting screens, drive belts, brushes, ceramics, fireclay, baking stones and baking plates, thermocouples, fuses, batteries, connection hoses, castors, grates, trays and containers, non-stick coatings and other coatings exposed to abrasion, and lubricants and operating fluids;
2. activities which, according to the operating instructions, are performed by the user or which form part of maintenance (in particular cleaning, descaling, filter replacement, adjustment, programming, changing settings and software updates), or instruction in the operation of the Product;
3. defects and damage resulting from: failure to meet the requirements of para. 7; installation, connection or operating conditions inconsistent with the operating instructions (in particular power supply, water quality, gas pressure or type, ventilation, ambient temperature, climate class); improper connection to the water supply or drainage system, including a connection made by an installer; lack of maintenance or improper maintenance; the use of unsuitable chemical or cleaning agents (including chlorine-based products on stainless steel) or the use of a water jet or a pressure washer to clean devices not intended to be cleaned in this way; limescale deposits; corrosion (including chloride corrosion); power surges, lightning strikes, voltage fluctuations and power failures; flooding, fire, pests and other external events; mechanical, thermal and chemical damage and overloads; use contrary to the intended use or beyond the parameters specified in the operating instructions; transport, carrying or moving of the Product (including during delivery to the Customer); acts of third parties; repairs, modifications or other interference by persons not authorised by the Guarantor; the use of non-original parts or accessories; outdoor use of devices not intended for such use; normal wear;
4. immaterial defects that do not affect the operation of the Product, in particular scratches, dents, discolouration and surface changes;
5. defects, damage and features of an OUTLET Product described on the Product page and their consequences;
6. Products on which the serial number or rating plate has been removed or made illegible;
7. compensation for damage caused by a defect, in particular lost profits, downtime costs, spoiled foodstuffs and the costs of replacement equipment.
(B2C) In relation to a B2C Customer, the exclusion in item 1 does not cover material or workmanship defects of hotplates, glass panes of refrigerated display cabinets and glass panes of doors of refrigeration devices, thermocouples and hotplate coatings, if the defect does not result from the circumstances listed in item 3. (B2B) In relation to a B2B Customer, the exclusions in items 1 and 4 do not cover apparent defects of a brand-new Product reported within the time limit set out in §5(5)(3), if the defect does not result from the circumstances listed in item 3. (B2C) In relation to a B2C Customer, the classification of parts is determined by the list in item 1. (B2B) The classification of parts and the assessment of a B2B Customer's claim are made by the Guarantor on the basis of the diagnosis; para. 5 item 8 applies.
(B2B) The Guarantor may suspend guarantee services for a B2B Customer who is in delay with the payment of amounts due to the Shop, until those amounts are settled; the guarantee period is not extended by the period of suspension, and the time limit set out in para. 6 runs from the day the amounts due are settled.
The guarantee is available only to the Customer who purchased the Product directly in the Shop (or to the lessee — §4(3)) and does not pass to subsequent purchasers of the Product without the Guarantor's written consent.
Statutory rights: in the event of a lack of conformity of the Product with the contract, the B2C Customer is entitled by law to legal remedies from, and at the expense of, the Seller (§9 Part A); the guarantee does not affect those legal remedies. (B2C) The requirements and exclusions set out in this section concern only the guarantee and do not limit the B2C Customer's rights in respect of a lack of conformity of the Product with the contract or the Customer's claims for compensation under the law. (B2B) In relation to a B2B Customer, liability under the statutory warranty for defects is excluded (§9 Part B); the sole basis of the Customer's rights in respect of defects of the Product is the guarantee and, in the case of Spare Parts purchased as separate Products, the provisions of para. 2 concerning Spare Parts.

§11. Returns (B2B)

The B2B Customer does not have the right to withdraw from a distance contract or the right to return the Product.
The Shop may — without being obliged to do so — give prior consent on a Durable Medium to the return of a Product. The B2B Customer may request consent no later than 7 days after the delivery or personal collection of the Product and, in the case of partial deliveries, after the delivery of the Product concerned. Consent may be made conditional on acceptance of the return by the Supplier, given before the Product is sent back and confirmed after the Product has been checked by the Supplier. In the consent, the Shop indicates the return address, the method of packing, the time limit for sending the Product back and the expected deductions; sending the Product back means that the B2B Customer accepts those conditions. Neither consent to the return, nor acceptance of the Product, nor a refund of the price means acknowledgement that the Product is defective.
The B2B Customer sends the Product back within the time limit indicated by the Shop, not longer than 14 days from receiving consent, at its own expense and risk, to the address indicated by the Shop, including the address of the Supplier's warehouse outside the territory of Poland. The Product must be complete (together with accessories and documents), in its original, undamaged packaging, secured for transport in the manner indicated by the Shop (in particular on a pallet) and — unless the Shop has decided otherwise — unused, clean and never connected to a power supply (including by a plug) or to a gas or water installation.
The refund amount is reduced by:
1. the cost of delivering the Product to the B2B Customer according to the carrier's rates, also if the delivery was free of charge for the B2B Customer;
2. a handling fee equal to the higher of: 30% of the gross price of the returned Products or the fees charged to the Shop by the Supplier in connection with the return (in particular for accepting the return, inspection, storage and putting the Product back on sale);
3. the value of wear and tear according to Annex 1, if the Product has been used;
4. the costs of restoring the Product to its original condition in the case of damage, missing items, signs of use or damage to the packaging, in the amount of the Shop's documented costs or the costs charged to the Shop by the Supplier;
5. other documented costs of the return incurred by the Shop.
If the deductions exceed the refund amount, the B2B Customer pays the difference within 14 days of a demand for payment.
The Shop refunds the price reduced by the deductions after the Product has been delivered to the indicated address, its condition has been checked and the return has been accepted by the Shop and — if the consent was conditional on it — by the Supplier, within 14 days of the settlement of the return between the Supplier and the Shop, but no later than 60 days after the Product was delivered to the indicated address. The Shop may deduct other amounts due and payable by the B2B Customer from the refund amount.
If the Product does not meet the conditions for return or the Supplier does not accept the return after checking the Product, the Shop notifies the B2B Customer, and the Product is sent back to the B2B Customer at the Customer's expense and risk; if the B2B Customer does not collect the Product within 30 days of the notification, §5(6)(1) applies.
The following are not subject to return, and the Shop does not consent to their return: Special-order Products, Custom-made Products, OUTLET Products, Spare Parts and Products whose purchaser is a financing entity (§4(3)).
Return consignments sent back without prior consent, to a different address or not in accordance with the conditions of return may not be accepted; the costs of sending them back and storing them are borne by the B2B Customer.

§12. Withdrawal from the contract (B2C)

The B2C Customer may withdraw from a distance contract within 14 days from the goods being taken into possession by the Customer or by a third party indicated by the Customer other than the carrier — and, in the case of an order covering multiple items delivered separately, in batches or in parts: from the last item, batch or part being taken into possession — without giving any reason. Withdrawal is also possible before the Product is delivered.
The statement of withdrawal may be submitted by e-mail to info@primegastro.pl, via the contact form in the Shop or in writing to the address given in §1, including on the form set out in Annex 2 (use of the form is not obligatory). To meet the time limit, it is sufficient to send the statement before the time limit expires. The Shop confirms to the B2C Customer, without undue delay and on a Durable Medium (by e-mail), the receipt of a statement submitted by e-mail or via the contact form.
The Shop refunds all payments received, including the cost of delivering the goods (up to the cost of the cheapest standard delivery method offered by the Shop), without undue delay and in any event no later than 14 days after receiving the statement, using the same payment method, unless the Customer expressly agrees to a different method that does not involve any costs for the Customer. The Shop may withhold the refund until it has received the goods back or until evidence of their having been sent back has been supplied, whichever occurs first.
The Customer returns the goods without undue delay and in any event no later than 14 days from the day of withdrawal, to the following address: Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków. The direct costs of return are borne by the Customer. Products delivered on a pallet cannot be sent back by ordinary post — the estimated direct cost of returning them by pallet shipment from within Poland ranges from PLN 300 to PLN 1,000 gross, depending on the dimensions and weight of the Product. If the B2C Customer has withdrawn from the contract but does not send the Product back despite the expiry of that time limit and an additional demand, the Shop may claim compensation for the damage resulting from the default and, at the B2C Customer's request, arrange the collection of the Product at the Customer's actual, documented cost.
The B2C Customer is liable for any diminution in the value of the goods resulting from using them in a manner beyond what is necessary to establish the nature, characteristics and functioning of the goods; the Shop documents the condition of the returned Product and may — after informing the B2C Customer of its amount and basis — set off the amount corresponding to the diminution in value against the refund amount. Use beyond what is necessary to establish the nature, characteristics and functioning of the Product is deemed to include, in particular, connecting the device permanently to the electrical installation (without a plug) or connecting it to a gas or water installation, building it in and using it to prepare food; this does not exclude the right to withdraw from the contract.
The right of withdrawal does not apply in the cases specified in Article 38 of the Consumer Rights Act, in particular in respect of: Custom-made Products; goods supplied in sealed packaging which cannot be returned after the packaging has been opened for health protection or hygiene reasons, if the packaging was opened after delivery; goods which, after delivery, by their nature become inseparably combined with other items; services fully performed on the terms of §6(2). The marking of a Special-order Product does not limit the B2C Customer's right of withdrawal; the rules on returns in §11 apply only to B2B Customers.
The rights under this section are available exclusively to B2C Customers.

§13. Cancellation of the order (B2B)

After the contract has been concluded (§3(4)), the B2B Customer may not cancel or change the order.
The Shop may — without being obliged to do so — agree in documentary form to the cancellation of an order in whole or in part. Consent may be made conditional on acceptance of the cancellation by the Supplier. If the Product has already been handed over to the carrier by the Shop or by the Supplier, cancellation is possible only as a return on the terms of §11.
In the event of cancellation, the Shop retains, as a cancellation fee, an amount equal to the higher of: 30% of the gross price of the cancelled part of the order or the total fees and costs charged to the Shop by the Supplier in connection with the cancellation (including fees for cancellation, return or putting the Product back on sale and transport costs), and refunds the remaining amount within 14 days of the settlement of the cancellation between the Supplier and the Shop, but no later than 60 days after consent was given or, where consent was conditional on the Supplier's acceptance, after that acceptance was confirmed to the B2B Customer. If the B2B Customer has not paid the price, the Customer pays the amount referred to in the first sentence within 14 days of a demand for payment.
Consent is not given for the Products listed in §11(7).
Refusal to take delivery of the Product does not release the B2B Customer from the obligation to pay the price; §5(6)(1) applies.

§14. Force majeure

The Parties are not liable for non-performance or improper performance of the contract to the extent caused by force majeure — external events which could not be foreseen or prevented, in particular: natural disasters, fire, flood, epidemic, actions of public authorities (including sanctions, embargoes, export or import restrictions), armed conflicts and riots, strikes (including those of carriers and border services), border blockades, serious infrastructure failures (including energy and telecommunications infrastructure), interruptions or rationing of energy supplies, cyberattacks on the systems of the Shop, the Supplier, the manufacturer or the carrier, as well as disruptions of supply chains and shortages of components at the Supplier or the manufacturer caused by such events. The Party affected by force majeure notifies the other Party without undue delay; time limits are extended by the duration of the obstacle and of the removal of its effects. If force majeure continues without interruption for more than 60 days, either Party may withdraw from the contract to the extent not performed; the Customer is refunded payments for performance not rendered, and the Parties are not liable to each other for damages on this account. In relation to B2C Customers, this provision applies only to events meeting the conditions of force majeure as understood in case law and does not limit their statutory rights (including those under §5(7)(2) and §9 Part A). (B2B) The B2B Customer may withdraw from the contract because of a delay in delivery — including a delay caused by force majeure, regardless of its duration — only on the terms of §5(7)(1).

§15. Waste electrical and electronic equipment (WEEE)

Waste electrical and electronic equipment must not be placed together with other waste (crossed-out bin symbol); it contains substances that may be harmful to the environment and health.
When supplying the Customer with equipment intended for households, the Shop will collect, free of charge, waste equipment of the same type performing the same functions — the need for collection must be reported no later than when placing the order. Collection takes place at the time of delivery or — if the organisation of transport so requires — on a separately agreed date, no later than 30 days after delivery, by a carrier designated by the Shop. Waste equipment should be emptied, disconnected from the installations and prepared for transport.
Information on collection points for waste equipment is made available by municipalities and the Chief Inspectorate of Environmental Protection (www.gios.gov.pl).

§16. Personal data

The controller of Customers' personal data is Prime Gastro sp. z o.o. The rules for processing personal data and using cookies are set out in the Privacy and Cookie Policy.

§17. Final provisions

Amendments to the Terms and Conditions: a new version of the Terms and Conditions is in force from the day specified in it, which is not earlier than the day of its publication on the Shop's website and, if that day is the day of publication, from the moment of publication; it applies to orders placed from the moment it entered into force, and orders placed earlier are governed by the version in force at the time the order was placed. An order created by the Shop and paid for by the Customer via a link sent to the Customer is deemed to have been placed at the moment the link is used. An amendment to the provisions concerning the contract for maintaining an Account or the Newsletter contract is possible only for valid reasons (a change in the law or its interpretation, a ruling or decision concerning the Terms and Conditions, a change in the scope or manner of providing electronic services, security reasons, prevention of abuse) and takes effect 14 days after Customers holding an Account or Newsletter subscribers, respectively, have been notified by e-mail; during that time, the Customer may terminate the relevant contract. The amendment to §2(6) introduced in version 4.1 takes effect, in relation to Customers who held an Account on the day of publication of version 4.1, 14 days after they have been notified by e-mail.
Severability clause: the invalidity or ineffectiveness of an individual provision does not affect the validity of the remaining provisions; the relevant provisions of law apply in place of an invalid provision. A prohibited contractual provision is not binding on the B2C Customer by operation of law, and the contract remains in force to the remaining extent.
Polish law applies to matters not regulated herein; in relation to B2C Customers, the choice of law does not deprive them of the protection afforded by mandatory provisions of law.
(B2B) Disputes are resolved by the common court having territorial jurisdiction over the registered office of Prime Gastro.
(B2C) Out-of-court dispute resolution: a Consumer (this does not apply to other B2C Customers) may use out-of-court means of handling complaints and pursuing claims, in particular the assistance of the voivodeship inspectorates of the Trade Inspection (including permanent consumer arbitration courts), district and municipal consumer ombudsmen and consumer organisations; details: www.uokik.gov.pl. The Shop has not undertaken to use out-of-court dispute resolution; whenever a dispute arising from a complaint — including a guarantee claim (§10) or a complaint about electronic services (§2(5)) — has not been resolved, the Shop informs the Consumer on paper or another Durable Medium whether it agrees or refuses to participate in such proceedings. The Shop has not adopted a code of good practice within the meaning of Article 2(5) of the Act on Counteracting Unfair Market Practices.
(B2B) The Terms and Conditions, together with the arrangements confirmed by the Shop on a Durable Medium, constitute the entire agreement between the Parties and supersede previous oral arrangements. The B2B Customer's standard contract terms (general terms of purchase, ordering rules, etc.) are not binding on the Shop, even if the Shop has not expressly objected to them; their incorporation requires the Shop's express written consent, and neither the confirmation of the order, nor its fulfilment, nor the acceptance of payment by the Shop means acceptance of the B2B Customer's standard terms. If the B2B Customer provides the Shop with its standard contract terms together with the order or before placing it, the Shop notifies the B2B Customer on a Durable Medium without undue delay that it does not intend to conclude the contract on those standard terms or on the terms provided for in Article 385⁴ §1 of the Civil Code (Article 385⁴ §2 of the Civil Code); a payment made after such notification means acceptance of the Terms and Conditions. In the event of a conflict between documents, precedence is given, in this order, to: individual arrangements confirmed by the Shop on a Durable Medium (excluding automatic e-mail messages sent in the course of handling the order), the Product page — only as regards the description and parameters of the Product (excluding information about the guarantee, which is governed by §10), the price, the fulfilment time and the markings referred to in §1(2)(6)–(9) — and the Terms and Conditions.
(B2B) Statements and notices of the Shop (including demands for payment, demands to collect, notices of readiness for dispatch and statements of withdrawal) may be made to the B2B Customer at the e-mail address indicated in the order or in the Account and are deemed to have been made at the moment when the Customer could have read their content (Article 61 §2 of the Civil Code), and no later than upon the expiry of the next Business Day after they were sent. The B2B Customer keeps their e-mail address up to date; correspondence sent to the most recently indicated address is deemed to have been effectively delivered.
The Polish version of the Terms and Conditions is binding; translations into other languages are for information purposes only.

§18. Contact

Telephone: +48 12 444 57 57 · E-mail: info@primegastro.pl · Contact form: primegastro.pl/en/pages/kontakt · Address and showroom: Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków (Business Days, 8:30–16:30).

Annex 1 — Depreciation Table for catering equipment (B2B)

Applied only in B2B relations: to returns to which the Shop has consented (§11) and to a refund of the price, if the Guarantor chooses that remedy (§10(3)(3)). It does not apply to B2C Customers.

Period of use	Rate of deduction from the refund amount
up to 1 month	10%
over 1 and up to 3 months	20%
over 3 and up to 6 months	30%
over 6 and up to 12 months	40%
over 12 and up to 18 months	50%
over 18 and up to 24 months	60%
over 24 months	individual valuation

Annex 2 — Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków, e-mail: info@primegastro.pl

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following service(*): ……………………………………
Ordered on(*)/received on(*): ……………………………………
Name of consumer(s): ……………………………………
Address of consumer(s): ……………………………………
Signature of consumer(s) (only if this form is notified on paper): ……………………………………
Date: ……………………………………
(*) Delete as appropriate

Archive of versions: Terms and Conditions Archive.

Terms and Conditions of the primegastro.pl online shop · version 4.3 dated 21 September 2026 · Prime Gastro sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków · KRS 0001028623 · Tax ID (NIP) 5170434964 · REGON 524916331 · share capital PLN 5,000.00

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