Terms of service

§1. General provisions

1. Definitions

• Business client – a natural person, legal person or organisational unit conducting business activity and purchasing a Product in connection with their professional or business activity, regardless of the industry.
• Product – a movable item offered in the Store.
• Product made to special order – a Product manufactured, assembled, configured or sourced according to the Client’s individual requirements (e.g. non-standard dimensions, configurations, made for a specific project) or marked in the Store as “made to order”, “made to special order”, “customised product” or similar.
• Online store – Prime Gastro sp. z o.o., NIP (VAT ID): 5170434964, ul. Longinusa Podbipięty 66, 31-589 Kraków, KRS 0001028623, REGON 524916331, www.primegastro.pl.
• Agreement – a sales agreement concluded between the Client and the Store.

2. Scope of application

• The Store primarily sells to Business clients; to the extent expressly indicated, the provisions also apply to consumers and entrepreneurs with consumer rights.

3. Purpose of the Terms and Conditions

• These Terms and Conditions set out the rules for using the Store and making purchases.

4–6. Liability and limitations (B2B)

• B2B: The Store is not liable for indirect or consequential damage, lost profits, loss of data, business interruption and other non-material damage. The Store’s liability on any grounds is limited to the value of the order to which the claim relates. The limitations do not apply where their exclusion would be inadmissible under mandatory provisions of law.
• The Store is not liable for damage resulting from incorrect assembly, commissioning, operation or lack of user training on the Client’s side.
• Consumers: the provisions of this paragraph apply only to the extent not contrary to consumer protection laws.

7–11. Other provisions

• Product photos are for illustrative purposes only and may differ slightly from the actual appearance (e.g. workmanship details). Material differences or misleading information may be grounds for a complaint.
• The Store reserves the right to refuse to accept an order without giving any reason at the verification stage (before the Agreement is concluded). The acceptance of the order is confirmed by an explicit confirmation.
• The Client is responsible for the correctness of data and completeness of the order.
• The Terms and Conditions are binding in the version published on the day the order is placed; the Store may amend them.
• Price changes do not affect orders already accepted for processing (confirmed).

12. No liability for the consequences of the Client’s business decisions

• The Store is not liable for the business consequences of the Client’s decisions made on the basis of information available on the Store’s website, marketing materials or pre-sales communication, including for lost profits, downtime or misguided investments resulting from the purchase of a Product (without prejudice to mandatory provisions of law).

§2. Placing orders

• Orders may be placed by Business clients and consumers.
• For B2B, an account and completion of an order form may be required.
• Prices: for consumers we present gross amounts (including VAT); where we give a net price – it is marked as net. On product pages we may present both values (net/gross) with clear labelling.
• The Store may adjust prices (market changes/exchange rates) – the Client is informed before processing. Changes do not apply to orders already confirmed.
• Changes after placing an order – only with the Store’s consent; refusal is possible if the order has already been forwarded for processing.
• Products made to special order: such Products are clearly marked on the Product page (e.g. “made to special order”, “made to order”). For Products made to special order, the Consumer and entrepreneur with consumer rights generally do not have the statutory right of withdrawal referred to in §8–§9, due to the exclusions provided for in the applicable legislation (in particular Article 38 of the Consumer Rights Act).

§3. Payment terms

• Payment is made before the goods are dispatched.
• Forms of payment: bank transfer, card, electronic payments (on the secure page of the payment operator).

Delay in payment and suspension of processing (B2B)

• In the event of a delay in payment, the Business client will be charged statutory interest for delay in commercial transactions. The Store may charge the Client with the costs of pursuing receivables (including the costs of reminders, legal services and debt collection) within the limits allowed by law.
• The Store reserves the right to suspend the processing of subsequent orders or deliveries until all outstanding payments have been settled.

§4. Shipping and delivery conditions (the “curbside” service)

1) Place of dispatch and costs

• Dispatch from the manufacturer’s central warehouse: 48607 Ochtrup, Germany.
• The delivery cost depends on the weight/dimensions and method of delivery; it is shown in the order summary before it is placed.

2) Scope of the “curbside” service

• Delivery to the nearest available, hardened area by the Client’s building to which a delivery/lorry vehicle can drive.
• The service does not include: carrying inside, moving within the building, unpacking, installation, connection, levelling, or disposal of packaging/pallets.
• Unloading takes place at the vehicle; the driver is not obliged to transport the goods inside the building.
• The Store is not liable for carrying, moving or installing the Product after it has been delivered to the indicated address. Any damage occurring during internal transport, carrying, bringing inside or positioning the Product does not give rise to the Store’s liability.

3) Access and unloading requirements

• The Client ensures unobstructed access (vehicle dimensions, surface load capacity, no obstacles/restricted zones).
• Pallet deliveries: the Client provides a place to set the pallet down and independently organises further transport (e.g. pallet truck).
• If a tail-lift vehicle is required but not ordered, unloading may not take place on the planned date.

4) Notification and collection

• Deliveries take place on business days, within an approximate time window indicated by the carrier (for information only, without a guaranteed exact hour).
• The Client ensures the presence of a person authorised to collect the goods; lack of such person may result in a failed delivery.

5) Inspection upon collection and transport damage

• Upon collection, the quantity and external condition of packaging must be checked. Damage/shortages must be recorded in a damage report with the carrier and documented with photos.
• Reports of transport damage, along with the report and photographic documentation, must be sent immediately, no later than within 24 hours of delivery.
• No liability for incorrect collection: The Store is not liable for damage or shortages arising after the goods have been released if the Client or an authorised person failed to perform proper inspection upon collection or did not draw up a damage report (without prejudice to mandatory provisions of law).

6) Failed delivery and additional costs

• If delivery is impossible due to reasons on the Client’s side (no access/no recipient, incorrect address, lack of ordered unloading conditions), it is deemed a failed delivery.
• B2B: in the event of a failed delivery for reasons attributable to the Client, the Store may charge the Client with storage costs and the cost of re-dispatch, as well as a fee for each started day of storage in the amount of 5% of the order value, but not less than PLN 200 per day, within the limits allowed by law.
• Consumers/entrepreneurs with consumer rights: they may only be charged with actual, justified costs of redelivery and storage, in accordance with consumer protection laws.

7) Deadlines

• Time limits are indicative and depend on availability from the manufacturer and logistics factors.
• The Store processes the order within a maximum of 30 days from the conclusion of the Agreement.

8) Risk and packaging

• Consumers: the risk of accidental loss of or damage to the goods passes to the Client upon release of the goods (delivery).
• B2B: unless otherwise agreed by the parties, the risk passes to the Client when the goods are handed over to the carrier.
• Returns at the Client’s expense: the risk rests with the Client until delivery back to the Store.
• Disposal of packaging/pallets is the Client’s responsibility, unless an additional paid service has been agreed.

9) Shortages and obstacles

• If a product is unavailable, the Store may withdraw from the Agreement and promptly refund all payments received.
• Obstacles beyond the Store’s control (failures, carrier difficulties, weather conditions) – the Client will be informed and a new deadline will be proposed; exceeding it does not give rise to claims for damages.

10) Non-culpable delays

• The Store is not liable for delivery delays caused by circumstances beyond its control, including carrier delays, customs clearance, IT system failures or other fortuitous events. In such cases, the Client has the right to withdraw from the Agreement if the delay exceeds 60 days, excluding the right to damages, unless mandatory provisions of law provide otherwise.

§5. Complaint procedure

• Business clients may file complaints in accordance with applicable law.
• In B2B relations, the Store’s liability under statutory warranty (rękojmia) for physical and legal defects of the Product is excluded in full, in accordance with Article 558 §1 of the Polish Civil Code.
• Complaints resulting from natural wear and tear of the Product or its components due to normal use are not taken into account. Consumable elements, consumable materials and parts subject to normal wear and tear do not constitute a defect of the Product.
• Complaints may be submitted via HelpCenter or by e-mail: info@primegastro.pl / postal correspondence as per §12. Please attach complete photographic documentation and – where applicable – a damage report.
• Formal deficiencies suspend the complaint processing period; complete submissions are processed within 14 days.
• If the complaint is upheld: repair or replacement; if this is impossible – an equivalent product or a refund of the price. Costs are borne by the Store, provided the damage is not due to the Client’s fault.
• Unjustified complaints (e.g. improper use/maintenance) – service costs may be charged to the Client.
• Obligation to secure the goods: The Client is obliged to secure the goods under complaint until the complaint process is completed and to refrain from further use. Continued use may result in rejection of the complaint.
• Unjustified complaint: if the complaint is found to be unjustified, the costs of transport both ways and any service work are borne by the Client.

§5a. Refund of value in case of withdrawal under statutory warranty (B2B)

• The refund of the price takes place after the goods are returned.
• The Store may reduce the refund amount by the value of wear and tear resulting from the period and intensity of use – based on a report, inspection and depreciation rules applicable to catering equipment.
• In case of identified damage/excessive wear and tear, additional deductions may be applied corresponding to the cost of restoring the goods to their original condition.
• The “Depreciation table” annex applies only to B2B relations. It does not apply to consumer withdrawal (§8–§9).

§6. Guarantee terms

• Products are covered by the manufacturer’s guarantee.
• Guarantee period: 24 months for spare parts.
• Devices without a plug, with a 400V connection and gas appliances – installation/commissioning by an authorised specialist is required; refrigerators/freezers – parameters are set by a technician at first commissioning. Lack of confirmation (invoice/report) may result in loss of guarantee.
• The guarantee does not cover: glass, seals, sealing materials, ceramics, chamotte, consumable elements (e.g. thermocouples).
• The decision as to whether a given part is covered by the guarantee lies solely with Prime Gastro and results from an assessment of the nature of the element, the type of claim and the operating conditions. Prime Gastro may refuse to send a part under guarantee if the element does not meet the criteria for guarantee coverage.
• The guarantee for spare parts covers only the delivery of a fault-free part. The guarantee does not cover the costs of installation, removal, replacement, diagnostics or technician visits, unless Prime Gastro expressly decides otherwise.
• The costs of a technician, service visit and work related to diagnosis, replacement or repair are borne by the Client, unless the technician has been assigned by Prime Gastro to perform guarantee service relating to a defect of the Product. In the case of consumable elements, the costs of the technician are always borne by the Client.
• Unjustified technician call-out – costs are borne by the Client.
• Class B goods: guarantee covering technician’s costs is determined individually.
• The Store is not liable for data loss in devices.
• Assembly by unauthorised persons: the guarantee and rights under statutory warranty do not cover defects caused by installation, commissioning or servicing performed by persons without the required qualifications/certificates.

§7. Return terms

• The statutory right of withdrawal applies only to consumers and entrepreneurs with consumer rights (Article 38a of the Consumer Rights Act). B2B – no statutory right of withdrawal.
• Returns must be reported within 14 days from collection via HelpCenter or e-mail: info@primegastro.pl (employee confirmation required).
• The costs and risk of return shipment are borne by the Client. Return address: GGM Gastro Kraków, ul. Longinusa Podbipięty 66, 31-589 Kraków.
• In the event of a defect/non-conformity – replacement or refund within 30 days of receipt of the returned goods. This provision does not apply to the statutory consumer right of withdrawal regulated in §8–§9 (14 days for payment refund).
• The Store may refuse to accept returns of used/damaged/incomplete goods.
• Signs of use – a proportional reduction of the refund amount is possible.
• Products made to special order (B2C): in the case of Consumers and entrepreneurs with consumer rights, products made to special order as a rule are not subject to return under the statutory right of withdrawal (§8–§9), due to the exclusions provided for in the Consumer Rights Act (in particular Article 38).
• Products made to special order (B2B): in B2B relations, products made to special order are not subject to return, unless the Store explicitly and individually agrees to accept the return; in such a case, the Store may set additional conditions (e.g. handling fee, deductions for wear and tear).
• B2B – handling fee: if a return is accepted in B2B relations (outside statutory rights), the Store may deduct up to 15% of the order value as administrative and logistics costs.
• Unauthorised returns (B2B and B2C): the Store has the right to refuse acceptance of return parcels sent without prior notification and confirmation from the Store or without correct labelling (e.g. claim/return number).

§8. Consumer right of withdrawal from the Agreement

• The Consumer may withdraw from the Agreement within 14 days from taking possession of the goods.
• The withdrawal notice shall be sent to: Prime Gastro Sp. z o.o., ul. Longinusa Podbipięty 66, 31-589 Kraków; a letter/fax/e-mail is possible. The model withdrawal form is optional.
• Refund of payments (including the cost of the cheapest offered delivery method) – no later than 14 days from receipt of the withdrawal notice; the Store may withhold the refund until it has received the goods back or proof of their dispatch.
• Return address: as above; time limit – within 14 days from notification; cost of return shipment is borne by the Client.
• Exclusions include, among others: goods made to order/to measure (Products made, assembled, configured or sourced according to the Client’s individual requirements and marked in the Store as “made to order”, “made to special order”, “customised product” or similar); sealed goods not suitable for return for health or hygiene reasons, if unsealed after delivery; goods inseparably combined with other items after delivery; audio or video recordings or computer software delivered in sealed packaging, if unsealed after delivery; newspapers, periodicals or magazines; public auctions; services involving urgent repair or maintenance performed at the explicit request of the consumer.
• The right also applies to natural persons conducting business activity, if the Agreement is not of a professional nature for them.

§9. Effects of withdrawal and exclusions

• Refund of all payments (excluding any surcharge for a more expensive delivery method) within 14 days; using the same payment method, unless agreed otherwise. The refund may be withheld until the goods are received back or proof of their dispatch is provided.
• Return of goods within 14 days; cost of return shipment is borne by the Client; the Client is liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.
• Exclusions from the right of withdrawal – as in §8.

§10. Order cancellation

• Orders (including products made to order/special items) may be cancelled free of charge within 3 business days after receiving the invoice.
• Later cancellation before delivery: the Store may retain 30% of the article’s value (including VAT) as a cancellation fee. This provision does not affect the Consumer’s/entrepreneur with consumer rights’ statutory right of withdrawal within 14 days (subject to the exclusions in Article 38).

§10a. Force majeure

• The parties are not liable for non-performance or improper performance of the Agreement to the extent caused by force majeure, i.e. external events that are impossible to foresee and prevent (e.g. natural disasters, acts of authorities, conflicts, major infrastructure failures, disruptions in supply chains). The party affected by force majeure shall promptly notify the other party, and the performance deadlines shall be appropriately extended by the duration of the obstacle and its consequences.

§11. Final provisions

• The Store may amend the Terms and Conditions; the amendments are effective from publication on the website.
• In matters not regulated herein, the provisions of Polish law apply.
• B2B: disputes shall be resolved by the court having jurisdiction over the registered office of Prime Gastro, after prior attempts at amicable resolution (mediation/negotiations). Consumers: this provision does not apply to the extent that it conflicts with consumer protection laws.

§12. Contact

• Telephone: +48 12 444 57 57
• E-mail: info@primegastro.pl
• Ticket portal: HelpCenter

§13. Safety clauses and protection of the Store’s interests

• The Store may suspend order processing or refuse to accept an order if there are justified doubts as to the reliability of the Client’s data, the source of payment funds or the legality of the transaction; the Client will be informed of the measures taken without undue delay.
• The Store reserves the right to change the manufacturer, batch or supplier of the product, provided that this does not affect the technical parameters or intended use of the Product.
• In the event of abuse or actions that may infringe the company’s good name or reputation (including dissemination of false information), the Store reserves the right to take legal action and to refuse further cooperation, while respecting consumer rights and mandatory provisions of law.

Annex no. 1 – Depreciation table for catering equipment (B2B)

The table applies only to settlements with Business clients in case of withdrawal under statutory warranty or quality-related settlements; it does not apply to consumer withdrawal (§8–§9).