GENERAL TERMS AND CONDITIONS OF SALE of VIRGAMET Sp. z o.o. (VIRGAMET LTD)

§ 1 General Provisions

1. These General Terms and Conditions of Sale (hereinafter: the “GTCS”) set forth the rules for placing and executing orders as well as the terms and conditions of sale of goods to professional entities – entrepreneurs within the meaning of Polish law, excluding consumers as defined in the Act of 30 May 2014 on Consumer Rights (Dz.U. 2014, item 827). The GTCS apply to all sales agreements concluded with VIRGAMET Sp. z o.o. (VIRGAMET LTD correspondence address: ul. Toruńska 15/2, 62-600 Koło, Poland), Tax Identification Number (NIP): 6662127174 (hereinafter: “Virgamet”), including agreements concluded through the internet domains virgamet.pl and virgamet.com.

2. Contact with Virgamet regarding all matters related to the functioning of the website is possible via e-mail (addresses: biuro@virgamet.pl, office@virgamet.com, the electronic contact form available at https://virgamet.pl/kontakt, or by telephone (+48 63 273 58 20, +48 63 273 56 89).

3. Virgamet conducts its business activity at the following addresses: A) Registered office – VIRGAMET Sp. z o.o. (VIRGAMET LTD), ul. Toruńska 15/2, 62-600 Koło, B) Warehouse – VIRGAMET Sp. z o.o. (VIRGAMET LTD), Ruszków Pierwszy, ul. Lipowa 35, 62-604 Kościelec.

4. For the purposes of these GTCS, the term “Buyer” shall mean an entrepreneur within the meaning of Polish law, i.e., a natural person conducting business activity, a legal person or an organizational unit having legal capacity, acting within the scope of its business or professional activity, represented by persons authorized to make declarations of intent or by persons contacting Virgamet on behalf of such entrepreneur for the purpose of concluding and performing a contract of sale of goods. A Buyer is not a consumer within the meaning of the Act of 30 May 2014 on Consumer Rights (Dz.U. 2014, item 827).

5. For the purposes of these GTCS, “commercial information” shall mean any communications provided by Virgamet in electronic, written or oral form, in particular price lists, catalogues, brochures, advertisements, data posted on Virgamet’s website, and e-mail messages. Such information does not constitute an offer within the meaning of Article 66 § 1 of the Polish Civil Code, but rather an invitation to enter into a contract within the meaning of Article 71 of the Polish Civil Code, and does not create any obligation for Virgamet to conclude a contract.

6. All commercial information referred to in paragraph 5 above is for information purposes only. The terms of a sales contract become binding only upon Virgamet’s written confirmation of acceptance of the Buyer’s order for execution.

7. In the event of any discrepancies between these GTCS and the terms of purchase or other documents provided by the Buyer, the provisions of the GTCS shall prevail. Divergent terms shall only be binding if they have been expressly accepted in writing by Virgamet under pain of nullity.

8. Virgamet reserves the right to change the prices of goods presented via e-mail, to post information about new goods, to conduct and cancel promotional campaigns on the website, or to modify them.

9. Virgamet reserves the right to withdraw from the performance of an order, in whole or in part, without stating reasons, at any time until the goods are handed over to the carrier or collected in person by the Buyer. Withdrawal shall be effected by submitting a declaration to the Buyer in documentary form (e-mail sent from the virgamet.pl or virgamet.com domain). In the event of withdrawal, Virgamet shall promptly, and no later than within 14 days, refund to the Buyer any monetary consideration received in respect of the unfulfilled part of the order. The Buyer shall not be entitled to any claims for damages against Virgamet on this account, including claims for lost profits. The refund shall not cover costs of additional services performed at the express request of the Buyer and already completed (e.g., additional testing, certificates, export documents), the results of which have been delivered or made available to the Buyer.

10. Virgamet declares that the goods sold via its website and e-mail possess all certificates and attestations required under national, international and EU law, issued by manufacturers, unless Virgamet has provided separate information to the Buyer in this respect or unless this results from specific requirements formulated by the Buyer at the ordering stage. At the Buyer’s request, Virgamet shall provide copies of quality certificates and attestations (e.g., compliant with EN 10204), which may be subject to an administrative fee in accordance with the applicable price list for additional services, unless otherwise agreed by the parties. Such fee does not constitute an additional quality guarantee, and the certificate or attestation only confirms the data of the material manufacturer.

11. Virgamet reserves the right to issue its own quality certificates or declarations of conformity based on quality certificates received from material manufacturers, in particular in the EN 10204 format. Such certificates may not contain full data identifying the original manufacturer or steel mill; however, they always reflect the actual quality parameters of the material delivered. The Buyer acknowledges that the form of provision of quality documentation (original manufacturer’s certificate, copy, Virgamet’s quality certificate) does not affect the validity or reliability of the technical parameters of the material, and the lack of disclosure of the manufacturer’s name shall not constitute an independent basis for a complaint or claim against Virgamet, provided that the goods meet the applicable standards and are delivered with an appropriate quality attestation. The issuance by Virgamet of its own quality certificate or declaration of conformity does not constitute acceptance of liability beyond the scope resulting from the manufacturer’s certificate.

12. If the Buyer does not specify in the order detailed technical requirements, quality standards or requirements concerning the origin of the material or the name of the steel mill, Virgamet shall deliver the goods in accordance with generally applicable EN, DIN, PN, ISO standards or – for international markets – ASTM/ASME, SAE, AMS, UNS, GOST/TU, BS, JIS, JUS, GB/T, SEW, UNI, UNE, NF, etc., in their currently applicable versions. The Buyer accepts that failure to indicate different requirements shall be deemed equivalent to acceptance that the goods delivered comply with the conformity and quality conditions provided for in the aforementioned standards, and that their origin (country or steel mill of production) may vary and shall not constitute an independent basis for complaint, provided that the material has the required attestations and quality certificates of the manufacturer (e.g., EN 10204).

13. At the Buyer’s request, and subject to agreement and separate remuneration, Virgamet may arrange for independent testing or the issuance of an expert opinion by a third party, including in relation to chemical composition analysis of the ordered material, prior to the sale of the material.

14. Virgamet shall not bear (even as a substitute for the Buyer) the costs of customs duties, taxes, environmental charges (including those related to CBAM and CO₂ emissions), or other import costs arising from the specifics of the order (type of goods, country of origin, place of delivery). The price indicated in commercial information includes the rates applicable and known at the time of its preparation; however, in the event of changes in legislation, replacement of goods with goods of other origin subject to customs duty or other tariff rates, exhaustion of tariff quotas, miscalculation of customs duty rates, or the emergence of new charges, Virgamet reserves the right to change the price of the goods during order performance, as well as to extend the delivery time or temporarily suspend its performance.

15. Virgamet endeavors to respond to Buyers’ inquiries regarding order status, commercial information and other matters related to cooperation within 48 hours of receipt. In justified cases, this period may be extended – up to a maximum of 30 days. Virgamet is not obliged to respond to all e-mail correspondence. In particular, Virgamet may refrain from responding if it deems that the message is not relevant to the performance of the order or the sales contract, or if Virgamet is not interested in establishing cooperation. Lack of response may not be construed as acceptance of an offer, as Virgamet’s undertaking of any kind, or as the submission of any declaration of intent within the meaning of the Civil Code, Polish law.

16. Once an order has been placed with a manufacturer or foreign distributor outside the European Union and the import procedure has commenced, the Buyer shall have no right to withdraw from the contract or to demand a refund of the funds paid. Any additional costs resulting from new or increased customs, tax or environmental charges shall be borne by the Buyer and shall increase the agreed order price.

17. Virgamet applies the following Incoterms: a) for transport within the European Union – Ex Works (EXW), Delivered At Place (DAP), and Carriage Paid To (CPT); b) for transport outside the European Union – Ex Works (EXW), Free Carrier (FCA), and Free On Board (FOB).

18. Virgamet reserves the right to amend the rules concerning the performance of transactions referred to in paragraph 10 above in individual, justified cases.

19. Virgamet shall make every effort to ensure that the goods (materials in grades according to specified standards) presented on the website correspond to current stock levels. At the same time, as an importer, Virgamet may offer goods not displayed on the website. In the event of unavailability of all or part of the goods covered by an order, Virgamet shall promptly inform the Buyer. Virgamet may discharge its obligation by delivering substitute goods – corresponding in chemical composition or grade, of similar dimension and intended use – subject to the Buyer’s consent. Virgamet may also modify the purchase list along with a change in prices in the event of a reduction/increase in purchase quantities. In such cases, the price of the goods may be subject to change at any stage of order performance, of which Virgamet shall promptly inform the Buyer.

20. In the event of Virgamet’s inability to perform due to unavailability of the goods, Virgamet shall promptly, upon becoming aware of the above circumstance, notify the Buyer and refund in full the amount agreed by the parties within the time specified by the seller.

21. In the case of promotional sales and clearance sales involving a limited quantity of goods (materials), orders shall be placed and executed in the order in which confirmed orders are received, until stocks allocated to such sales are exhausted. In the above case, Virgamet reserves the right to establish a different sequence of entering into or executing transactions, as well as to introduce other special conditions concerning the conclusion or execution of such transactions. 22. Prior to placing an order with Virgamet, the Buyer shall familiarize itself with the provisions of these GTCS.

23. Placing an order via e-mail shall be deemed equivalent to acceptance of the provisions of the GTCS.

24. Correspondence conducted by means of remote communication or in traditional form in connection with the operation of Virgamet’s website may be recorded and archived. Disclosure of any details arising from such correspondence is prohibited, except with the express consent of the sender and addressee, or where such disclosure is necessary to protect the legitimate interests of Virgamet, in particular in relation to pursuing claims arising from contracts concluded, or where such obligation arises from generally applicable legal provisions or from an obligation imposed by a competent authority.

§ 2 Transaction

1. Placement of an order with Virgamet may take place, at the Buyer’s discretion, by e-mail (to the following addresses: biuro@virgamet.pl / office@virgamet.com / handel1@virgamet.pl), and in each case requires the submission of a written order via e-mail. The Buyer may place an order only if it has previously received correspondence containing commercial information from Virgamet, specifying the price, quantity, delivery time and availability of a given good, sent by e-mail. Orders sent without prior correspondence shall not be accepted for execution, as they lack a basis.

2. Commercial information sent to the Buyer by Virgamet has no period of validity (unless otherwise agreed by the parties). Consequently, each time prior to placing an order, the Buyer must send an e-mail request for an update of the validity of the commercial information.

3. The price indicated in the commercial information sent electronically has been calculated with reference to the entire quantity of the material offered and is valid only for the purchase of that entire quantity and until stocks are exhausted. If the Buyer decides to purchase a smaller quantity than that indicated in the commercial information, Virgamet reserves the right to change the unit price, which shall in each case be determined individually depending on the order size.

4. The units of sale used by Virgamet in presenting commercial information include kilograms, tonnes, linear metres, and pieces. Virgamet, as the seller, determines at its sole discretion the unit in which it presents commercial information for products. The Buyer has no right to impose a sales unit upon Virgamet.

5. When placing an order, the Buyer is obliged to provide accurate data, in particular: the company/entity name of the Buyer, full name, full correspondence address and delivery address (including indication of warehouse opening hours), dates on which the delivery location indicated by the Buyer will be closed, e-mail address, telephone number, tax identification number NIP/VAT, as well as data of the person/entity authorized to receive the goods (order) on behalf of the Buyer (full name, contact telephone number). Any absence, incompleteness or inaccuracy of the foregoing data may result in impossibility of order execution, for which Virgamet shall bear no liability.

6. The order execution procedure may be initiated only after prompt settlement of payment, submission of the original bank transfer confirmation, and crediting of the Buyer’s payment to Virgamet’s bank account.

7. With respect to certain goods presented in Virgamet’s commercial offer, due to their properties, intended use and specific nature, the difference between the quantity of goods indicated by the Buyer in the order and the quantity actually delivered may amount to up to 30%, provided that this value may be determined separately at the stage of order acceptance for execution. The Buyer shall in each case be obliged to pay the price for the entire quantity of goods delivered, without the possibility of partial return. Virgamet accepts that determination of the actual quantity of goods delivered may occur after the Buyer’s initial payment, during execution, upon finalization of the order or issuance of the VAT invoice. In such case, Virgamet shall issue either a corrective invoice or an invoice reflecting the updated quantity. The Buyer acknowledges and accepts that the final quantity of goods delivered shall be determined based on weight or quantitative measurement confirmed by Virgamet, the manufacturer or distributor, and shall be binding for settlement of the transaction.

8. Any changes by the Buyer to an accepted (confirmed) order may be made only with Virgamet’s consent and under the Buyer’s sole responsibility. Virgamet shall bear no liability for any difficulties or potential impossibility of executing the order arising therefrom.

§ 3 Payment

1. The rules, deadlines and procedures for payment under an agreement concluded between Virgamet and the Buyer shall, as a rule, be determined individually by the parties. In the absence of other arrangements, the following shall apply:
1. payment shall be made on the basis of a pro forma invoice with reduced theoretical values of the ordered goods;
2. during order execution, at the end of the accounting month following the payment, an advance VAT invoice shall be issued to the Buyer if the transaction is completed in the following accounting month;
3. a VAT invoice or a final VAT invoice shall be issued after full payment has been made by the Buyer;
4. in the case of changes concerning the purchase quantity or mutual arrangements, corrective invoices shall be issued – a corrective invoice to the advance invoice, a corrective invoice to the VAT invoice, or a corrective invoice to the final VAT invoice;
5. in the case of the Buyer, i.e. foreign entities within the EU and outside the EU, the following documents apply: Pro forma, Invoice, Correction Invoice;
6. the first three orders executed for a given Buyer shall in each case require prepayment.

2. Payments for the fourth and subsequent orders executed for a given Buyer (after the completion of previous orders) may be made with a payment term of two weeks from the date of completion of the order by Virgamet, subject to consideration of the Buyer’s request. Payments under agreements concluded with Virgamet shall always be made to Virgamet’s bank account indicated on the invoices.

3. The Buyer shall be obliged to pay the final price, being the sum of the purchase price of the goods increased by transport costs and the actual weight of the goods (material) applicable on the date of order execution (shipment of goods). Virgamet may withhold shipment of ordered goods until the balance of payment resulting from the VAT invoice, the final VAT invoice, and any other VAT invoices not settled by the Buyer has been paid.

4. The price of the material may include a variable alloy surcharge, scrap surcharge, and energy surcharge, which are determined on the basis of current market indicators and may vary from month to month. The Buyer accepts that the final value of the order shall include such surcharges in the amount applicable on the date of issuance of the invoice.

5. In the case of offers presented in euro, settlement shall be made according to the average exchange rate of the National Bank of Poland (NBP, Table A) from the day preceding the issuance of the pro forma invoice or VAT invoice, unless Virgamet and the Buyer agree otherwise.

6. In the event of payment delays, Virgamet shall be entitled to charge statutory interest for delay, as well as to charge the Buyer with all debt collection costs, court fees, and legal representation costs. The charging of interest and costs shall not exclude Virgamet’s right to claim damages exceeding such amounts if the delay in payment caused damage of a greater value. Virgamet also reserves the right to suspend the execution of further deliveries or to withdraw from contracts concluded until the Buyer has fully settled outstanding debts.

7. An inactive or invalid VAT/NIP number of the Buyer, confirmed in the registers (VIES and the list of VAT taxpayers of the Ministry of Finance), may result in refusal to execute the order and refund of funds paid to the Buyer’s account. The refund may be made in an amount reduced by bank charges and other fees related to the transaction. Upon written request and with the parties’ consent, in the case of foreign entities from the EU, Virgamet may execute the order provided that VAT is added at the applicable rate of 23%.

§ 4 Delivery

1. The order execution time (shipment of goods), taking into account the specific nature of the goods sold, shall in each case be indicated by Virgamet at the order execution stage and shall be of an estimated (approximate) nature.

2. The Buyer acknowledges that the delivery time indicated during order execution is for guidance only and may be extended in the event of circumstances beyond Virgamet’s control, for which Virgamet shall bear no liability, in particular:
a) incomplete or incorrect submission of the order by the Buyer together with payment delay;
b) delay in supply, production or lack of availability of goods or parts thereof by third parties (distributor, manufacturer, etc.), including holiday or vacation breaks occurring in the countries of distributors and manufacturers;
c) occurrence of force majeure, which – for the purposes of the GTCS and the contract concluded between the Buyer and Virgamet – shall mean in particular the occurrence of a natural disaster, another extraordinary random event, fire, strike, or the declaration by state authorities of a state of emergency (within the meaning of Chapter XI of the Constitution of the Republic of Poland of 2 April 1997, Journal of Laws No. 78, item 483, as amended), or another state directly or indirectly restricting Virgamet’s ability to conduct its business operations (including a state of epidemic threat or a state of epidemic), for which Virgamet shall bear no liability.

2a. Force majeure shall also mean other extraordinary events beyond Virgamet’s control which could not have been foreseen or prevented with due diligence, in particular: wars, armed conflicts, acts of terrorism, riots, embargoes, economic or trade sanctions, administrative decisions, transport disruptions (including lack of transport means), import or export restrictions, interruptions in the supply of energy, raw materials or goods, general strikes, as well as other similar events resulting in the impossibility or substantial hindrance of delivery execution. The occurrence of force majeure shall automatically extend Virgamet’s performance deadlines by the duration of the impediment and the time necessary to remove its effects. The Buyer shall not be entitled to damages or to unilateral withdrawal from the contract on this basis. If, due to the occurrence of force majeure, the manufacturer or distributor from whom Virgamet obtains the goods withdraws from the contract or refuses to perform delivery to Virgamet, Virgamet shall be entitled to withdraw from the contract with the Buyer, in whole or in the unperformed part, without obligation to refund consideration not recovered by Virgamet from its supplier. Refund of funds to the Buyer shall take place only to the extent that Virgamet has obtained reimbursement from its supplier or manufacturer.

3. In the event of impossibility of delivering the goods within the time referred to in paragraph 2 above, Virgamet shall promptly inform the Buyer of this fact.

4. Delivery of goods may be carried out as an insured shipment in cooperation with a carrier or courier service provider selected by Virgamet. Virgamet reserves the right to change such entity, even after conclusion of the contract with the Buyer.

5. Delivery of goods to the Buyer/entity, or to a third-party entity indicated by the Buyer and being a party to the transaction, may be carried out by road transport, sea transport or air transport, subject to prior agreement of the delivery conditions between Virgamet and the Buyer.

6. Virgamet and the Buyer undertake to inform each other of all stages of deliveries and collections via e-mail, whereby Virgamet shall use e-mail addresses within the virgamet.pl and virgamet.com domains.

7. If the Buyer opts for an additional transport or courier service performed through third-party companies acting on behalf of Virgamet, the Buyer undertakes to:
A) provide warehouse opening hours and goods acceptance times at the place of delivery;
B) provide contact details for the warehouse or persons responsible for receipt of goods;
C) provide Virgamet with the correct delivery address, together with driving instructions if navigation tools do not enable straightforward access to the destination;
D) indicate the unloading method and specify the times during which such unloading method may be performed, in order to allow selection of an appropriate vehicle;
E) unload the goods delivered to the destination address at its own cost and means in accordance with Incoterms DAP;
F) carry out unloading of delivered goods within no more than 30 minutes from the arrival of the transport vehicle; upon expiry of this period, Virgamet shall be entitled to charge the Buyer with costs of additional waiting time and other costs related to unloading delays;
G) inform Virgamet of the dates when the recipient’s or Buyer’s warehouse is closed; failure to provide such information shall render the Buyer liable for “empty run” costs and other additional costs;
H) in the case of groupage/courier shipments – provide the shipment number at the Buyer’s request, without guarantee of receiving driver’s notice of arrival;
I) check the delivery status upon the Buyer’s request.

8. The Buyer may also collect the ordered goods in person from Virgamet’s warehouse, provided that such intention was communicated at the ordering stage. The Buyer undertakes to notify Virgamet by providing a so-called “driver notification” (authorization to collect) at least one business day in advance, between 8:00 a.m. and 4:00 p.m., specifying:
A) the exact date and time of collection;
B) details of the person or transport company authorized to collect the goods, whereby Virgamet may require such person to present authorization to collect the goods;
C) the registration number of the vehicle arriving for collection;
D) in the case of transport companies handling groupage shipments on behalf of the Buyer, the Buyer shall provide shipping label(s) with shipment number(s) no later than one business day prior to collection. Failure to provide labels within this deadline may result in refusal of collection by the carrier and, consequently, in delivery delays, for which Virgamet shall not be liable. Virgamet applies its own shipment labeling and therefore shall not be liable for missing or late-provided labels by the Buyer.

9. Personal collection of goods always requires Virgamet’s prior consent. Virgamet shall be entitled to refuse release of the goods to the person (carrier) indicated by the Buyer, in particular in the following cases:
a) doubts as to the carrier’s authorization to collect the goods on behalf of the Buyer;
b) attempted collection without prior settlement of agreed payments, if outstanding;
c) attempted collection by a carrier with an inadequately prepared vehicle for transporting the ordered goods;
d) if the ordered goods have not yet been prepared for release.

10. The risk of loss of or damage to the goods shall pass to the Buyer upon release of the goods to the carrier (Article 544 of the Polish Civil Code), regardless of who bears the transport costs.

11. Upon acceptance of the goods, the Buyer shall be obliged to confirm receipt thereof.

12. The goods shall remain the property of Virgamet until payment of the full purchase price. Until such payment, the Buyer shall have no right to dispose of, pledge or otherwise encumber the goods without Virgamet’s prior written consent. In the event of payment delay, Virgamet shall be entitled to demand immediate return of the goods delivered, at the Buyer’s expense, without prejudice to other claims available to Virgamet. In the event of enforcement proceedings against the Buyer, the Buyer shall be obliged to promptly inform the enforcement authority that the goods subject to enforcement remain the property of Virgamet.

13. Virgamet stipulates that – for safety reasons – certain goods, in view of their properties or dimensions, may be transported only in a strictly defined manner. In particular, Virgamet shall be entitled to specify to the Buyer the requirements concerning vehicles with which such goods may be transported. If the transport vehicle does not meet the specified requirements, Virgamet may refuse loading or execution of the order and shall bear no liability in this respect, without releasing the Buyer from the obligation to promptly collect the goods – within 14 days, under pain of charging the Buyer with transport or storage costs.

14. In the case of sales of goods to third countries (outside the European Union) under Incoterms Ex Works (EXW), all obligations related to transport organization, export customs clearance, and obtaining the required certificates and documents shall rest with the Buyer. At the Buyer’s request, Virgamet may arrange export customs clearance as well as obtain additional certificates or documents necessary for export performance, including certificates of origin, quality certificates, or other official documents required. In such case, the Buyer shall bear all related costs in accordance with an individual quotation provided by Virgamet.

§ 5 Liability for Defects

1. Pursuant to Article 558 § 1 of the Polish Civil Code, Virgamet fully excludes liability under statutory warranty (in Polish “rękojmia”) towards Buyers who are not consumers.

2. With respect to Buyers who are not consumers, Virgamet’s liability shall be limited solely to the conformity of the delivered goods with the parameters specified in the manufacturer’s quality certificates (e.g., EN 10204), provided that such certificates have been delivered to the Buyer.

3. Virgamet shall not be liable for the suitability of the goods for any particular purpose, nor for indirect damages or lost profits (including downtime costs, loss of production, or delays in performance of the Buyer’s contracts).

4. Any other guarantees or quality assurances shall be valid only if given in writing and confirmed separately by Virgamet.

§ 6 Complaints and Returns

1. Complaints may be submitted exclusively by Buyers who are entrepreneurs, in accordance with the rules set forth in these GTCS.

2. Quantity complaints (concerning shortages in delivery, assortment errors, discrepancies in dimensions or quantities) must be reported immediately upon receipt of the goods, in the presence of the carrier, and confirmed by a delivery protocol or a damage report. Quality complaints (concerning material defects or non-conformity with standards/certificates) must be reported in writing within 7 days of detection of the defect, but no later than 3 months from the date of delivery of the goods. After this period, complaints shall not be considered.

3. Complaints referred to in paragraph 2 shall be submitted by post (to the address: VIRGAMET Sp. z o.o. (VIRGAMET LTD), ul. Toruńska 15/2, 62-600 Koło, Poland) or electronically (to the addresses: biuro@virgamet.pl / office@virgamet.com), together with documentation confirming the defect. Virgamet shall respond to the complaint within 14 days of receipt thereof.

4. Submission of a complaint shall not entitle the Buyer to withhold payment for deliveries already completed, goods already delivered, or to make set-offs.

5. Transport of returned goods shall be at the Buyer’s expense through a carrier of its choice, unless Virgamet informs the Buyer that the goods will be collected by Virgamet or by a person authorized by it. Virgamet shall not accept shipments returned on a cash-on-delivery basis. Returns of goods may only be made with Virgamet’s prior written consent. In the case of an accepted return, the Buyer shall bear the transport costs and pay a handling fee determined individually by Virgamet, not less than PLN 150 net per each returned item, unless the parties agree otherwise in writing. Virgamet reserves the right to refuse acceptance of returns of goods that have been cut, processed, damaged, or otherwise altered from their original commercial condition. Returns are also not possible for goods imported at the Buyer’s individual request, including special imports, or for quantities deviating from standard sales units.

6. Complaints arising from the provision of services related to the operation of the website (including those concerning delivery costs or the omission of specified goods in the order) may also be submitted by telephone (+48 63 273 58 20, +48 63 273 56 89).

7. Upon receipt of the shipment, the Buyer is obliged to confirm its acceptance in the presence of the carrier, with a simultaneous note that the shipment was delivered in an undamaged condition or that the shipment bears signs of damage, including a description of such damage. Failure to include such a note shall be deemed acceptance of the shipment without reservations.

8. All returns of goods shall be possible solely on the basis of written arrangements with Virgamet and may not be made without its prior consent.

§ 7 Final Provisions

1. Differences between the appearance of goods presented in Virgamet’s materials and the appearance of goods delivered to the Buyer, resulting from changes made by the manufacturer (including changes to the graphic design of packaging), shall not constitute grounds for complaint.

2. All goods and names presented on Virgamet’s website are used solely for identification purposes and may be registered trademarks, the exclusive rights to which are held by third parties.

3. The controller of personal data provided by the Buyer for the purpose of contract performance is Virgamet. Personal data shall be processed in accordance with applicable legal provisions, provided voluntarily, and necessary to fulfill of obligations arising from the contract concluded between the Buyer and Virgamet. The Buyer shall have the right to access the data provided, to request its transfer, modification or deletion, as well as to lodge an objection with the President of the Personal Data Protection Office. Contact with the data controller: https://virgamet.pl / https://virgamet.com or biuro@virgamet.pl.

4. Submitting a request for quotation by e-mail or via the contact form shall be deemed equivalent to consent to the storage and processing of personal data by Virgamet and confirmation of the fulfillment of the information obligation referred to in the GDPR provisions and the Act of 10 May 2018 on the Protection of Personal Data.

5. The Buyer undertakes to fulfill, on behalf of Virgamet, the information obligation referred to in paragraph 4 above towards all persons whose data it transfers in connection with the performance of the contract.

6. With the Buyer’s separate consent, its personal data may also be processed for marketing purposes.

7. The Buyer agrees to the issuance of electronic invoices in PDF format, delivered to the e-mail address indicated in the order.

8. Virgamet’s Privacy Policy is available at: https://virgamet.com/privacy-policy.

9. Virgamet shall not be liable for damages resulting from server malfunctions, unauthorized actions of third parties, or lack of compatibility with the Buyer’s devices.

10. Virgamet shall be entitled to unilaterally amend the GTCS, provided that for a given order the version in force at the time of its placement shall apply, unless the amendments neither limit the Buyer’s rights nor impose new obligations on the Buyer.

11. Any disputes arising out of these GTCS or the contract concluded between the Buyer and Virgamet shall be governed by Polish law. The court of exclusive jurisdiction for their resolution shall be the common court having territorial jurisdiction over Virgamet’s registered office, unless mandatory provisions of law provide otherwise. In the event of discrepancies between different language versions of the GTCS or the contract, the Polish version shall prevail and be binding. However, Virgamet reserves the right to pursue claims also before the court competent for the Buyer’s registered office.

12. The GTCS are available on Virgamet’s website.

13. The GTCS shall be effective as of 1 September 2025.