Delivery Terms

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

Delivery cost

1. For orders containing OUTLET Products (sold only to B2B Customers), we add a weight-based fee for their delivery.
2. The delivery cost covers only kerbside delivery on a Business Day. Additional services (e.g. a vehicle with a tail lift, carrying in, delivery on an agreed day or at an agreed time, redelivery at your request) are charged according to a quotation accepted before the order is placed or — after it has been placed — in documentary form (e.g. by e-mail).
3. The delivery cost is shown in the order summary before the order is placed (§5(1) of the Terms and Conditions).

Delivery area

1. We deliver only within the territory of Poland. Delivery abroad is possible only for B2B Customers, by individual arrangement.
2. We may fulfil an order in partial deliveries, of which we will inform you. A partial delivery made on our initiative does not increase the delivery cost. (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 time limits for notifications; 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.

Time limits

1. The fulfilment time (preparing the order for dispatch) is shown on the Product page; it runs from the conclusion of the contract (§3(4) and (7) of the Terms and Conditions). Time limits given in days are counted in Business Days (Monday to Friday, excluding statutory public holidays), and time limits given in weeks — as 5 Business Days for each week. For a range (e.g. “2–6 business days”, “5–6 weeks”), the fulfilment time is the upper limit, for an “up to” time limit (e.g. “up to 6 weeks”) — that time limit, and for a Product availability date — 15 Business Days from that date or from the conclusion of the contract, if later. If the Product page does not show a fulfilment time, it is up to 6 weeks, and for Special-order Products — up to 8 weeks. Delays for reasons attributable to the Customer are not counted towards the fulfilment time, e.g. delays resulting from incomplete or incorrect order or delivery details or from a failure to arrange the method of unloading; in relation to a B2C Customer, a failure to arrange the method of unloading extends the fulfilment time only if, before the order was placed, we informed the Customer that the Product is delivered on a pallet and what equipment is needed for unloading (§5(6)(2) of the Terms and Conditions).
2. (B2C) We deliver the Product within the fulfilment time plus a transport time of up to 10 Business Days — the time limit calculated in this way is the agreed time limit for handing over the Product. The B2C Customer's rights in the event of delay are set out in §5(7)(2) of the Terms and Conditions.
3. (B2B) Time limits are indicative and non-binding. Withdrawal from the contract due to delay is possible only on the terms of §5(7)(1) of the Terms and Conditions (a delay of more than 90 days and the expiry to no avail of an additional period of not less than 14 days set for the Shop in writing); liability for delay is excluded, except for damage caused intentionally.
4. Deliveries take place on Business Days; the time window given by the carrier is for information only.
5. The “estimated dispatch” dates shown on the Shop's website are indicative, assume that the contract is concluded (the order is paid for) on the day on which they are displayed and do not change the time limits in items 1–3.

Kerbside delivery

1. Delivery covers transport to the address indicated, to the nearest accessible, hard-surfaced place next to the building that a van or lorry can drive up to; unloading takes place at the vehicle.
2. Delivery does not cover carrying in, moving within the building, unpacking, installation, connection, levelling or disposal of packaging and pallets.
3. The Customer ensures unobstructed access (vehicle dimensions, load-bearing capacity of the surface, no obstacles) and the presence of a person authorised to receive the consignment and, for a pallet delivery, a place to set down the pallet and its onward transport by the Customer's own means. If a vehicle with a tail lift is needed for unloading (e.g. if the Customer has neither a loading ramp nor a forklift truck), the Customer arranges this with us before placing the order; without such an arrangement, unloading may not take place.
4. Before delivery, the Customer prepares the installation conditions required for the Product (§5(3) of the Terms and Conditions). Their absence does not entitle the Customer to refuse to accept the Product and does not suspend payment; this does not limit the B2C Customer's right to withdraw from the contract, including before delivery (§12 of the Terms and Conditions).

Receiving the consignment and transport damage

1. On receipt, check the number and condition of the packages before you sign the delivery document. Describe visible damage or losses in a damage report drawn up with the carrier and take photographs.
2. (B2C) The absence of a damage report does not deprive the B2C Customer of the rights relating to a lack of conformity of the Product with the contract or of the right to withdraw from the contract.
3. (B2B) The B2B Customer examines the consignment at the time it is handed over, in the presence of the carrier. The Customer describes visible damage, signs of tampering or missing packages in the transport document (e.g. in the CMR consignment note) or in a damage report drawn up with the carrier and reports them to us with photographs via the contact form in the Shop or by e-mail within 24 hours of delivery. The Customer unpacks and checks the Product within 2 Business Days of delivery and within that time limit reports damage not visible on receipt, shortages, incompleteness, non-conformity with the order and apparent defects (defects visible on careful inspection of the unpacked Product, without installing or starting it up), with photographs of the Product, the packaging and the shipping label. Until the notification has been dealt with, and for no less than 14 days from the notification, the Customer keeps the Product together with the packaging and the pallet unchanged, does not install or use it and allows it to be inspected. Failure to take these steps within the time limits results in the loss of claims against the Shop for transport loss and damage, and failure to report shortages or non-conformity with the order within the time limit 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 — in both cases except for damage caused intentionally. Apparent defects not reported within 2 Business Days are not covered by the guarantee (§5(5) of the Terms and Conditions).
4. (B2B) The risk of loss and damage in transport is borne by the B2B Customer from the handover of the Product to the carrier. We report the damage to the carrier and to the Supplier (the entity from which we buy Products), and we provide assistance only to the extent that the carrier or the Supplier acknowledges the damage.
5. How to report damage: Returns and Complaints.

Failed delivery

This applies to a delivery that did not take place for reasons attributable to the Customer (e.g. no access or no recipient, an incorrect address, failure to arrange a vehicle with a tail lift when one was needed).

1. (B2C) We may charge the B2C Customer the actual, documented and justified costs of redelivery and storage if the delivery did not take place for reasons for which the Customer is responsible; if the reason was a failure to arrange a vehicle with a tail lift — only if, before the order was placed, we gave information 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. If the B2C Customer, despite a notice to collect, does not collect the Product for reasons for which the Customer is responsible, we may set the Customer, on a Durable Medium (e.g. by e-mail), an additional time limit for collection of not less than 14 days, with a warning of withdrawal from the contract, and, once that time limit has expired to no avail, withdraw from the contract within 60 days of its expiry; we then refund the payments made without undue delay and no later than 14 days after the withdrawal, less those costs (§5(6)(2) of the Terms and Conditions).
2. (B2B) We may charge the B2B Customer, in particular, the costs of the unsuccessful delivery attempt and of re-shipment 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 (the total storage fee does not exceed the higher of: 20% of the order value or PLN 1,000, and does not preclude claiming compensation exceeding its amount). Once the time limit of 30 days set in the notice to collect has expired to no avail, we may, within 6 months of its expiry, withdraw from the contract and claim compensation for damage. The Shop's other rights, including placing the Product in storage or selling it for the B2B Customer's account, are set out in §5(6)(1) of the Terms and Conditions.

Personal collection

Personal collection is possible only by arrangement with us, at the showroom in Kraków (ul. Longinusa Podbipięty 66), on Business Days, 8:30–16:30. We set the collection lead time individually; it 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.

Installation and commissioning

1. Installation and commissioning are carried out for a fee by our own service team, only by individual arrangement and after the scope, price and date have been confirmed on a Durable Medium (e.g. by e-mail); we may refuse to perform the service, in particular outside the area in which we provide it (the Kraków area) or for a device which we do not install (§6(2) of the Terms and Conditions). The service is not covered by the Prime Gastro Guarantee.
2. A Device Requiring Qualified Installation (supplied without a plug — including 230 V devices; powered at 400 V; gas-fired; or refrigeration devices with an external condensing unit, including those requiring the refrigeration circuit to be connected or charged on site) must be installed and commissioned for the first time by a person holding the required qualifications. Keep the Commissioning Report — without it, the guarantee does not apply to such a device (§10(7)(1) of the Terms and Conditions, Prime Gastro Full Guarantee). The connection of a device to the water supply or drainage system must be made by an installer — keep the proof of connection (the installer's record of or invoice for the connection of that device, or a Commissioning Report covering it): without it, a B2B Customer has no guarantee for such a device, and a B2C Customer's guarantee does not cover defects which arose as a result of improper connection (§10(7)(4) of the Terms and Conditions). This does not affect the B2C Customer's rights relating to a lack of conformity of the Product with the contract.

Other rules

1. Risk: the risk of accidental loss of or damage to the Product passes to the B2C Customer on delivery (and if the B2C Customer has independently chosen a carrier not offered by the Shop — when the Product is handed over to that carrier). (B2B) The risk passes to the B2B Customer when the Product is handed over to the carrier, also where we arrange delivery to the address; the place of performance towards the B2B Customer is the place where the Product is handed over to the carrier (§5(8) of the Terms and Conditions).
2. Temporary obstacles: we give notice of temporary obstacles to fulfilment that are beyond our control, together with the expected new date; the consequences for the B2C Customer are set out in §5(9) of the Terms and Conditions.
3. Packaging and pallets: their disposal is the Customer's responsibility.

Waste electrical and electronic equipment (WEEE)

When buying equipment intended for households, you may hand over, free of charge, waste equipment of the same type that performs the same functions. Notify us of this no later than when placing your order; the rules for collection are set out in §15 of the Terms and Conditions.