This website is provided to you by TRATE Sp. z o. o. (Website operator) with its seat in Warsaw, Poland, at Bernardyńska 16C lok. U1, 02-904. These Terms of Use apply to trate.com site and to its mobile version (the “Website”).
TRATE Sp. z o.o. – website operator responsible for on-line sales & distribution located at Bernardyńska 16C lok. U1, 02-904 Warsaw, Poland. Registered by the regional court for of Warsaw, the 12th economic courses of the national judicial register (REGON 360287340, VAT number (NIP) PL5252603522, KRS 0000533038, managing director Siarhei Kuchynski). Registered since 2014.14.25. For contact with TRATE Sp. z o.o. you can call to +48530013504 (contact your operator for rate) or email to [email protected]
1. General terms and conditions
1.1. TRATE Sp. z o.o. quotations, deliveries, and other performance—including those in the future—vis-à-vis the persons named in section 1.2 shall be provided exclusively in accordance with this General Terms and Conditions (“GTC”). TRATE Sp. z o.o. does not recognize contrary or different Buyer terms not contained in TRATE Sp. z o.o.’s GTC unless TRATE Sp. z o.o. has expressly consented thereto in writing. This also shall hold true if, in knowledge of Buyer terms contrary to or different from this GTC, TRATE Sp. z o.o. performs a delivery to the Buyer unconditionally.
1.2. This GTC shall apply only to persons who in entering into the agreement are acting in the exercise of their commercial or independent professional activity (“entrepreneurs”) and to legal entities under public law or a special fund under public law (“Buyer”). It shall not apply to individuals who enter into the agreement for a purpose that cannot be attributed to their commercial or independent professional activity (“consumers”).
1.3. Regarding third-party software from manufacturers other than TRATE Sp. z o.o. itself, any of the respective manufacturer’s own licensing terms shall take precedence. TRATE Sp. z o.o. shall make the respective manufacturer’s licensing terms available to the Buyer upon request prior to formation of the agreement.
2. Formation of agreement
2.1. The agreement shall be formed only when TRATE Sp. z o.o. confirms the Buyer’s order in writing or begins executing it. Ancillary agreements, oral declarations by staff or representatives, and changes to confirmed orders (including changes in delivery items) must be confirmed in writing by TRATE Sp. z o.o. in order to be effective.
2.2. TRATE Sp. z o.o. reserves the right to make changes in design and materials relative to the product description in the catalogue, provided that the contractually stipulated use of the goods is not substantially impaired or adversely affected and the Buyer can reasonably be expected to accept the change.
2.3. TRATE Sp. z o.o. retains all rights of ownership, copyrights, and industrial property rights (including the right to apply for such rights) to cost estimates, images, drawings, and other documentation; such documentation may be made accessible to third parties only if there is discernibly no need for confidentiality.
3. Delivery
3.1. All shipments are made for the account and at the risk of the Buyer. Risk shall be transferred to the Buyer at the time when the shipment leaves TRATE Sp. z o.o.’s factory or warehouse. This shall apply even if only partial deliveries are made. If dispatch is delayed owing to circumstances for which TRATE Sp. z o.o. bears no responsibility, then the risk is transferred to the Buyer when notice is provided of readiness to dispatch.
3.2. Unless special arrangements are made concerning the shipping method, TRATE Sp. z o.o. shall choose the shipping method at its own discretion, assuming no guarantee that its method will be the safest, fastest, or least expensive. Damage suffered during transport must be reported to TRATE Sp. z o.o. and to the delivering carrier promptly and in writing, but no later than within five days.
3.3. If a loss of or damage to the delivery items from delivery of the goods to the Buyer by the transport company is externally evident to the Buyer, it shall be up to the Buyer to have the transport company attest to the loss or damage (notice of loss) and notify TRATE Sp. z o.o. of this promptly, attaching the attestation. The same shall apply if the Buyer discovers at a later time a loss or damage that initially was not externally evident.
3.4. If material defects are present in the goods, TRATE Sp. z o.o. shall have the option of remedying or curing the defect as subsequent performance or delivering new goods free of defects. If a defect is remedied, TRATE Sp. z o.o. shall bear all expenses required to remedy the damage, in particular the costs of transport, unless such costs were incurred through dispatching the goods to a place other than the place of performance. In the event of replacement delivery, TRATE Sp. z o.o. can demand that the Buyer return the defective items. The Buyer can withdraw from the agreement in connection with a minor defect only with TRATE Sp. z o.o.’s consent.
3.5. In the case of a purchase that is a commercial transaction for both parties, the Buyer must provide written notice of any kind of defects—except hidden defects—within seven working days (weekend shall not count as a working days) following delivery; otherwise, the goods shall be considered approved. Written notice of hidden defects must be provided within seven working days (weekend shall not count as a working days) following discovery; otherwise, the goods shall be considered approved in respect of such defects as well.
4. Prices and payment
4.1. All prices are indicated in Euro (€) and is shown in TRATE Sp. z o.o.’s written order confirmation or—if there is no written confirmation— the price shown in the customer price list (catalogue) valid on the date when the order is placed shall apply. The customer price lists produced by TRATE Sp. z o.o. can be modified by TRATE Sp. z o.o. at any time. It is up to the Buyer to obtain information from TRATE Sp. z o.o. concerning the prices valid on the day on which the agreement is entered into.
4.2. In the absence of stipulations to the contrary, payments shall be due in full within 30 days of the invoice date. Payment shall be considered made when TRATE Sp. z o.o. can dispose of the amount (receipt of payment). If the Buyer defaults on paying for an earlier delivery, the invoice amount shall be payable in full immediately (invoice date), notwithstanding the first sentence.
4.3. If the Buyer defaults on payment, TRATE Sp. z o.o. can demand default interest in the amount provided by law.
4.4. The Buyer may set off only if a final court judgment declares his counterclaims to be owed, such claims are uncontested, or TRATE Sp. z o.o. has acknowledged them.
4.5. The Buyer may use the following payment methods:
a) One-off card payment
b) Bank transfer to TRATE Sp. z o.o. Euro account:
IBAN: PL31 1240 5891 1978 0010 6102 6820
SWIFT: PKOPPLPW
Beneficiary: TRATE Sp. z o.o.
Beneficiary address: Bernardinska 16C U1, 00-2013 Warsaw, Poland
4.6. The Buyer may choose an available delivery option by providing correct address during checkout. Price calculates by UPS shipping cost based on both the products’ cart weight and the customer’s shipping address. Delivery time depend on chosen options provided by UPS. In case is Buyer provided incorrect address or UPS doesn’t have the available options delivery conditions will be considered as Ex Works (EXW) Warsaw according to Incoterms 2010.
4.7. TRATE Sp. z o.o. will dispatch the products within 30 days.
4.8. The Buyer can expect delivery of the products within 30 days.
5. Returns
5.1. The Buyer has the right to return any goods within 14 days for that following provisions shall apply:
a) The money will be refunded via the same channel, to the same account.
b) Any other Goods may not be returned for credit:
• if they or the wrapper is in any way defaced or damaged;
• if they have been removed from their wrapper or undergone any sterilization or disinfection process; or
• if 30 days have passed since the date of the invoice (“30-day Period”).
c) A copy of the invoice or delivery note must accompany all returns. TRATE Sp. z o.o. reserves the right to refuse credit if these documents are not included.
d) Goods returned for credit or exchange must be securely packaged for protection in transit. Credit or exchange will only be issued upon a determination that the goods are in an acceptable condition.
e) Credit for returned goods will only be issued upon determination of acceptable condition, TRATE Sp. z o.o.’s decision being final regarding the condition of returned goods.
f) Once the 30-day Period has expired, only implants can be returned (and then only for exchange) up to 12 months after the date of the invoice. Implants can only be considered for exchange if they are in original, unopened packaging with at least one-year shelf life left. Upon exchange, a credit will be made for the original price paid and the replacement implant will be invoiced separately and will incur standard carriage charges.
g) All returns must be shipped (prepaid by Buyer) to TRATE Sp. z o.o., Bernardinska 16C U1, 00-2013 Warsaw, Poland. Phone: +48 530 013 504
h) The money will be refunded within 30 days after receiving goods in the case if provisions meet requirements.
5.2. Complains must be submitted in a written form and sent with registered mail (prepaid by Buyer) to TRATE Sp. z o.o., Bernardinska 16C U1, 00-2013 Warsaw, Poland.
5.3. TRATE Sp. z o.o. will reply to complain within 14 days after receiving registered mail.
6. Events
6.1. Registration confirmation.
It is essential that we have your correct email address as we will email you an order confirmation upon successful registration. You will also receive an Information Sheet including Hotel/Venue information BY EMAIL at least two weeks prior to the scheduled dates of your Event. If you have not received your Information Sheet by two weeks before the scheduled dates of your Event, contact our office at +48530013504 or email [email protected] and we will make sure to re-send it.
6.2. No refund policy for registrations.
Once paid, registration fees for the Event are non-refundable. If a registrant desires to reschedule his or her attendance at an Event, registration is transferable to another date after signed confirmation with TRATE, so long as registrant provides us with at least thirty (30) days written or electronic (emailed) notice of the desire to transfer the registration. Your rescheduled event must take place within one (1) year from the original event date. Sale or transfer to another person is not permitted.
6.3. Cancellation/Postponement policy.
We reserve the right to cancel or postpone an event(s) in our sole discretion. If we cancel or postpone an event, we will use reasonable efforts to reschedule the cancelled or postponed event to within twelve (12) months from its original start date. Registration fees paid by registrants for a cancelled or postponed event shall be applicable to the rescheduled event on a Euro for Euro basis only. In the event on elects not to reschedule the cancelled event, the registrant will be offered a refund. If this occurs, our responsibility is limited to a refund of any registration fee(s) already paid. TRATE is not responsible for airline tickets, hotels costs, other tickets or payments, or any similar fee penalties or related or unrelated losses, costs and/or expenses registrant may incur or have incurred as a result of any trip cancellations or changes. Please allow thirty (30) days for us to process any refunds or credit changes.