1.Preconditions.

1.1. All offers, orders, instructions and deliveries are carried out by Everbest Trading Service

1.2. The conditions specified by the purchaser in his orders and/or purchase conditions shall only be implemented if they are accepted by Everbest Trading Service in written form.

2. Invitation to negotiations, offer and order.

2.1. The catalogue published by Everbest Trading Service on the company’s website constitutes an invitation to negotiations within the meaning of the civil code, to which the following conditions shall apply. The contract shall be concluded by placing a written order and after a written confirmation of order acceptance for processing by Everbest Trading Service

2.2. The conditions proposed in the catalogue are valid until a new catalogue is published, however Everbest Trading Service holds the right to introduce changes and modifications to the catalogue on its website (the internet).

2.3. Orders are accepted only in electronic form. In order to be valid, the order should include at least the NIP number, exact address, telephone number and details of the person(s) responsible for carrying out the contract on behalf of the employer.

2.4. The person who signs the order must be authorized to incur liabilities for and on behalf of the purchaser. If the person signing the order is not authorized to represent the purchaser in accordance with the registration documents (extract from the national court register or certificate of entry into the business activity register), he/she must submit a separate authorization given to the purchaser by the person authorized to represent the purchaser.

2.5. The order must specify in detail the goods to be ordered.

2.6. Everbest Trading Service holds the right to refuse processing an order if it is not possible to complete it due to lack of assortment.

2.7. The goods supplied by the Purchaser remain the property of the company by Everbest Trading Service until the payment for them has been regulated.

2.8. The purchaser’s payments overdue to the Everbest Trading Service authorize Everbest Trading Service to refuse acceptance of a further order, and in exceptional cases to suspend processing of pending orders until the overdue payments have been completed.

2.9. By placing an order, the purchaser is obliged to accept the terms and conditions of the “General Terms and Conditions of Cooperation”, unless otherwise agreed in written form.

3. Prices.

3.1. The prices in the offers are ex-works warehouse prices by Everbest Trading Service and do not include value added tax (VAT) in the amount due according to the valid legal regulations.

3.2. Offer prices do not include: shipping costs.

4. Order cancellation.

4.1. Everbest Trading Service accepts the purchaser’s resignation from the ordered goods if the written resignation is delivered to Everbest Trading Service at least 120 days before the planned delivery date of the ordered goods, provided that the purchaser refunds all costs incurred by Everbest Trading Service during the realization of the order.

4.2. An exception is if the ordered goods have been produced or the materials for their production have been purchased, in which case the cancellation has no legal validity.

5. Packing.

5.1. Everbest Trading Service reserves the right to add packaging costs to the shipping costs of the ordered goods. The value of packaging and shipping costs shall be specified in a written confirmation of order acceptance for processing.

6. Delivery.

6.1. Deliveries are carried out from the warehouse of Everbest Trading Service. The ordered goods are collected by the orderer’s own transport or, upon the orderer’s order, sent via transport or courier companies.

6.2. Everbest Trading Service is responsible for executed orders only up to the amount of their value.

6.3. Everbest Trading Service holds the right to postpone the execution date of an order or to suspend execution of further orders placed by the purchaser in case of non-payment for previous deliveries, until complete settlement of the receivables due to Everbest Trading Service

6.4. Receiving goods from a transport or courier company, the purchaser is obliged to check the condition of the delivered packaging. If the packaging is damaged or the goods are damaged during transport, this fact shall be noted on the waybill or another relevant document signed in the presence of a representative of the transport or courier company, and Everbest Trading Service shall be immediately informed.

6.5. The delivery deadline for the ordered goods presented by Everbest Trading Service verbally during negotiations is only an approximate deadline and shall not be considered as a final deadline. The final deadline shall be the deadline included in the written confirmation of order acceptance for realization.

7. Payments.

7.1. If not agreed otherwise, payment of the price for the ordered goods shall be made no later than on the day of receipt of the goods in the manner indicated in the invoice.

8. Claims.

8.1. The purchaser is responsible for checking whether the delivered goods conform with the written confirmation of acceptance of the order for realization.

8.2. Quantity complaints. If any quantity discrepancies (shortages) are found, the purchaser is obliged to report this fact to Everbest Trading Service immediately upon the receipt of goods, however, no later than 24 hours from the receipt of goods in written form (e-mail).

8.3. If a claim is not reported within the specified period, the purchaser loses the right to make a claim in this field.

8.4. Quality complaints. If quality discrepancies are found, the purchaser should report this fact to Everbest Trading Service immediately upon the receipt of goods, however, no later than 7 days from the receipt of goods in written form (e-mail).

8.5. Until the complaint is finally resolved, the purchaser is obliged to secure the goods subject to the complaint and store them in a manner that prevents any possible damage or shortages.

8.6. If it is necessary to consider the complaint, the purchaser is obliged to send the claimed goods back to Everbest Trading Service at his own cost.

8.7. As soon as the purchaser resells the ordered articles, Everbest Trading Service is released from responsibility for delivery errors and defects of the articles (does not include the hidden defects).

8.8. Everbest Trading Service is not responsible for damages resulting from delay in receipt of goods, impossibility of delivery, failures to meet contractual and legal obligations and fault in concluding the contract, unless such damages are caused by intentional actions of Everbest Trading Service

8.9. Everbest Trading Service is obliged to process quantitative and qualitative complaints properly submitted within 14 days from their submission.

8.10. Submitting a complaint does not release the purchaser from the obligation to pay for the delivered goods on time.

9. Sale of printed articles.

9.1. The colours of the PANTONE scale prints are determined in order to achieve the closest possible colour match in the PANTONE scale.

9.2. Printing materials should be sent in graphic files, in vector form, Illustrator or Corel version up to X6 inclusive (fonts converted to curves, colour description according to Pantone scale).

9.3. Additional tasks on the submitted materials (logo processing, introducing changes, etc.) will be priced individually.

9.4. The purchaser accepts a production sample before production starts.

9.5. All materials necessary for the preparation and launch of production and execution of the order such as: films, screens and matrices remain the property of the company Everbest Trading Service

10. Limitation of liability.

10.1. Everbest Trading Service is not responsible for possible damages resulting from force majeure, the effect of which would lead to non-performance or improper performance of the order.

10.2. The risk of accidental loss of or damage to the ordered goods shall pass to the purchaser as soon as they are handed over to the purchaser or handed over to the entity providing transport or courier services.

11. Warranty liability.

11.1. Everbest Trading Service is not responsible for warranty defects of ordered goods.

12. Copyrights

12.1. The purchaser agrees to use the goods manufactured by Everbest Trading Service in advertising materials, on the www.everbest-inc.com website, as part of expositions at branch events and as samples of the technical capabilities of Everbest Trading Service in terms of marking quality.

12.2. Everbest Trading Service has the right to include in its advertising materials information on the provision of services to the purchaser, as long as signed contracts do not state otherwise.

12.3. The purchaser declares that he has acquired and holds the copyrights and related rights to all contents (trademarks) in the area and fields of use allowing, in accordance with the law, for their placement on the goods in the manner specified in the order or contract, and that they are free from any legal defects and do not break the rights of third persons and do not constitute an act of unfair competition. The purchaser is fully responsible for compensation for damages (if any claims are raised against Everbest Trading Service by third persons in connection with the goods, the purchaser undertakes to satisfy these claims directly or to refund Everbest Trading Service the equivalent of the amounts and other services that SDX Group Sp. z o.o. had to provide to satisfy the third persons; the purchaser is also responsible for legal costs incurred by Everbest Trading Service

12.4. The purchaser hereby authorizes Everbest Trading Service to exercise the copyrights and related rights referred to in item 12.3. above, to the full extent to which these rights are vested, solely and exclusively for the purpose of fulfilling the order or contract.

12.5. All item designs prepared and developed by Everbest Trading Service belong to Everbest Trading Service and may not be copied or duplicated nor transferred to other subcontractors without written consent of Everbest Trading Service

13. Dispute resolution.

13.1. Should any disputes arise between the sides and any discrepancies or claims arise, the sides undertake to work together to resolve them by agreement.

13.2. In the absence of such an agreement, disputes shall be settled by the court having jurisdiction over the registered office of Everbest Trading Service

14. Final arrangements.

14.1. Any changes relating to the above conditions must be made in written form and approved by both sides in order to be valid.

14.2. In matters not covered by the above arrangements, the provisions of the civil code are applied.

14.3 Unless otherwise agreed, the person placing the order at the registered office of Everbest Trading Service acknowledges and accepts the arrangements above. Everbest Trading Service, Head Office: Suite C 19th Floor Building A, Zhongxin Plaza, No. 29 North Hubin Road, Siming District, Xiamen 36012, China, e-mail: info@everbest-inc.com, Tel. +86 592 51 88 968