§1. General provisions

1. Definitions:

a) Business Customer – a natural person or legal person conducting business activities related to the catering industry, making purchases in the Online Store.

b) Product – a movable item offered in the Online Store.

c) Online store - store operated by Prime Gastro NIP: 5170434964 with its registered office in Kraków, 31-589 Kraków, ul. Longinusa Podbipięta 66, entered into the register of entrepreneurs of the National Court Register under the KRS number 0001028623, REGON 524916331, operating at www.primegastro.pl, through which the Customer can make purchases.

d) Agreement – ​​sales agreement concluded between the Customer and the Online Store.

2. The Prime Gastro online store provides catering equipment sales services exclusively to business customers.

3. These regulations define the rules for making purchases and using the Prime Gastro online store.

4. The Prime Gastro online store is not liable for indirect losses, lost profits, damages resulting from improper use of the products or failure to comply with the operating, maintenance and installation instructions provided by the manufacturer.

§2. Placing orders

1. 1. Orders in the Prime Gastro Online Store can be placed by both business customers and private individuals (consumers).
   2. In order to place an order, a business customer should create an account in the Prime Gastro online store and complete the order form.
   3. All prices quoted in the Prime Gastro online store are net prices and must be increased by 23% VAT.
   4. The store reserves the right to change product prices in the event of changes in market prices or exchange rates. The customer will be informed of any price changes before the order is processed.
   5. After placing an order, any changes to it can only be made with the consent of Prime Gastro. The store reserves the right to refuse changes if the order has already been sent for fulfillment.

§3. Payment Terms

1. 1. Payments for orders in the Prime Gastro Online Store must be made before the goods are shipped.
   2. Accepted forms of payment are: bank transfer, payment card and electronic payments.
   3. In the case of electronic payments, Business Customers will be redirected to a secure payment server website.

§4. Shipping and delivery terms

1. 1. Goods are shipped from the manufacturer's central warehouse in 48607 Ochtrup, Germany.
   2. Shipping costs depend on the weight and dimensions of the goods and the chosen form of delivery. All information regarding shipping costs is provided in the order summary before placing the order.
   3. Delivery of goods is done "curbside", which means that the goods are delivered to the nearest available location at the Customer's building, to which a delivery vehicle can reach. The Customer is responsible for further movement of the goods into the building.
   4. The Prime Gastro online store makes every effort to ensure that the goods are delivered to the Customer in the shortest possible time.
   5. In the event of lack of goods in stock, the Prime Gastro Online Store reserves the right to withdraw from the contract.
   6. The order processing time is from 2 to 14 business days, depending on the availability of the product and the chosen delivery method. Detailed information about the order processing time can be found on the product page and in the order confirmation.
   7. The online store undertakes to complete the order within a maximum of 30 days from the date of its conclusion, in accordance with applicable law.
   8. The risk of loss or damage to the goods passes to the Prime Gastro Online Store at the time of delivery of the goods to the carrier. In the case of returns of goods at the Customer's expense, the risk of loss or damage to the shipment passes to the Customer, who is responsible for returning the shipment in an appropriate manner.
   9. In the event that the customer fails to collect the shipment, Prime Gastro reserves the right to charge the customer for the costs of storage, re-shipment or return of the shipment to the manufacturer's warehouse.
   10. In the event of obstacles to the execution of the order, such as lack of goods in stock, IT system failure or delivery problems, the Online Store undertakes to inform the Customer about the reason for the delay and to propose an alternative date or method of order execution.

§5. Complaints Terms

1. 1. Business customers have the right to complain about goods purchased in the Prime Gastro Online Store in accordance with the law.
   2. Complaints must be submitted in writing or via the HelpCenter reporting portal .
   3. The Prime Gastro online store will consider the complaint within 14 days of its receipt.
   4. In the event of a complaint being accepted, the Prime Gastro Online Store undertakes to immediately remove the defect in the goods or, if repair is not possible, to replace it with a product free from defects, in accordance with availability. The costs associated with the replacement or repair are borne by the store, unless the damage to the goods was caused by the customer. In the event that it is not possible to replace the goods with an identical model, the store reserves the right to offer an equivalent product or refund the purchase price.
   5. In the event of an unjustified claim, where the device problem is caused by improper use or failure to follow the necessary product maintenance recommendations, the cost of service may be passed on to the customer.
   6. Complaints regarding mechanical damage incurred during transport will only be considered if the Customer reports them immediately upon receipt of the goods, draws up a damage report in the presence of the carrier and delivers it to the store within 3 working days from the date of delivery.

§6. Warranty Terms

1. 1. Goods sold by the Prime Gastro Online Store are covered by a manufacturer's warranty in accordance with applicable regulations.
   2. The warranty period for individual products is 24 months in the case of spare parts.
   3. Plugless appliances and those powered by gas must be connected by a specialist. In the case of refrigerators and freezers, the parameters must be set by a technician during the first start-up. Failure to comply with these conditions will void the warranty. The invoice/technician's report must be kept throughout the warranty period.
   4. The warranty does not cover: glass materials, seals, sealing materials, ceramics, fireclay and wearing parts such as thermocouples.
   5. Technician costs are only covered if a technician is appointed by Prime Gastro during the warranty period.
   6. In the event of a defect in the goods during the warranty period, the Business Customer should contact the Prime Gastro Online Store to obtain information on the complaint procedure.
   7. The Prime Gastro online store makes every effort to ensure that the complaint procedure is carried out in the shortest possible time.
   8. In the event of an unjustified call for a technician, i.e. when no defects in the product are found or the device is functioning properly, the costs associated with the technician's arrival and diagnosis may be passed on to the Customer.
   9. Class B goods - used and exhibition goods - the warranty covers only the technician's costs and is determined individually for each order

§7. Returns Policy

1. 1. Returns must be reported no later than 14 days after receipt of the goods via the HelpCenter reporting portal . This must be confirmed by an employee.
   2. The costs and risks of return transport are borne by the customer. Goods must be returned to GGM Gastro Kraków, Longinusa Podbipięta 66, 31-589 Kraków.
   3. If the goods were damaged during delivery or do not correspond to the order, the store undertakes to replace the goods with defect-free ones or make a refund within 30 days of receiving the return.
   4. The store reserves the right to refuse the return of goods that have been used, damaged or incomplete.
   5. In the event of returning goods that show traces of use, the store reserves the right to reduce the refund amount in proportion to the degree of wear of the goods, in accordance with applicable consumer law.
   6. The store undertakes to refund the purchase price within 14 days of receiving the declaration of withdrawal.

§8. The right of withdrawal by the consumer

1. A Customer who is a consumer has the right to withdraw from the contract within 14 days from the day on which the Customer or a third party other than the carrier and indicated by the Customer came into possession of the item.
2. To exercise the right to withdraw from the contract, the Customer must inform Prime Gastro Sp. z o. o. Longinusa Podbipięta 66, 31-589 Kraków, NIP: 5170434964, about their decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The Customer may use the model withdrawal form, but this is not obligatory.
3. The deadline for withdrawal from the contract is met if information about exercising the right of withdrawal is sent before its expiry.
4. In the event of withdrawal from the contract, the Store will return to the Customer all payments received, including the costs of delivering the goods (except for additional costs resulting from the Customer's choice of a delivery method other than the cheapest offered delivery method), no later than 14 days from the date of receipt of the declaration of withdrawal from the contract. The refund will be made using the same payment method that was used by the Customer, unless the Customer expressly agrees to another solution. The Customer will not incur any fees related to this refund.
5. The Store may withhold reimbursement until it receives the returned item or until the Customer provides proof of sending it back, depending on which event occurs first.
6. The customer is obliged to return or deliver the item to the address Prime Gastro Sp. z oo Longinusa Podbipięta 66, 31-589 Kraków, NIP: 5170434964, immediately, and in any case no later than 14 days from the date of notification of withdrawal from the contract. The deadline is met if the item is sent back before its expiry. The customer bears the direct costs of returning the item.
7. The right to withdraw from the contract does not apply in the event of:
   - a contract in which the price or remuneration depends on fluctuations in the financial market over which the Store has no control and which may occur before the deadline for withdrawal from the contract expires;
   - a contract the subject of which is a non-prefabricated item, manufactured according to the Customer's specifications or intended to meet his individual needs;
   - a contract the subject of which is an item delivered in a sealed package which cannot be returned once opened for health or hygiene reasons;
   - a contract the subject of which are items inseparably connected with other items;
   - contracts for urgent repairs or maintenance, if the Customer has expressly requested an arrival for this purpose, excluding additional services;
8. The right of withdrawal is also available to natural persons concluding a contract related to their business activity, provided that the content of the contract indicates that it is not of a professional nature.

§10. Cancellation of order

1. 1. Orders, made to order products and special orders can only be cancelled free of charge up to three business days after receipt of invoice.
   2. If the customer cancels at a later date but before delivery, Prime Gastro reserves the right to retain 30% of the item value, including VAT, as a cancellation fee.

§11. Final provisions

1. 1. Prime Gastro online store reserves the right to change the regulations at any time.
   2. Changes to the regulations come into effect upon their publication on the Prime Gastro online store website.
   3. In matters not regulated by these regulations, the provisions of Polish law shall apply.
   4. Any disputes arising from the sales agreement between the Prime Gastro Online Store and the business customer will be resolved through mediation or amicably before the case is referred to court.

§12. Contact

1. 1. The customer can contact us by phone at +48 12 444 57 57 or via the HelpCenter ticket portal .
   2. The regulations enter into force on 18/11/2024