Terms and Conditions

T&Cs

General Terms and Conditions (T&Cs) of WIKO Klebetechnik Sp. z o.o.

1. Scope

  1. The following terms and conditions of sale apply to all contracts concluded between the customer and WIKO Klebetechnik Sp. z o.o. for the delivery of goods. These terms and conditions of sale shall also apply to all future business relationships, even if they are not made the subject of a separate renewed agreement. Deviating terms and conditions of the contractual partner of WIKO Klebetechnik Sp. z o.o. shall have no effect unless they are acknowledged by WIKO Klebetechnik Sp. z o.o. The following terms and conditions of sale shall also remain effective even if WIKO Klebetechnik Sp. z o.o. is aware of conflicting or deviating general terms and conditions of the customer and executes an order from the customer without reservation.
  2. The purchase contracts concluded between WIKO Klebetechnik Sp. z o.o. and the customer at the time of the conclusion of the purchase contract contain the fundamental agreements between the customer and WIKO Klebetechnik Sp. z o.o.; any additional contractual terms not contained in the purchase contracts shall be replaced by these T&Cs.

2. Minimum order value

The minimum order value per order for deliveries is €150.00 (net value of goods). Orders with a lower order value may also be executed. For these small orders below the minimum order value, we charge a low-quantity surcharge of €50.00 plus VAT per order.

3. Offer and conclusion of contract

  1. An order placed by the customer, which is to be qualified as an offer to conclude a purchase contract, may be deemed accepted within two weeks by WIKO Klebetechnik Sp. z o.o. by sending an order confirmation or by dispatching the ordered products within the same period. Likewise, WIKO Klebetechnik Sp. z o.o. has the right to reject a purchase offer submitted to it without stating reasons. WIKO Klebetechnik Sp. z o.o. is not obliged to explicitly reject an offer, but cannot be held liable if an offer from the customer is not answered and no delivery takes place.
  2. Offers made by WIKO Klebetechnik Sp. z o.o. are subject to change and non-binding unless they have been expressly designated as binding.
  3. You agree that you will receive invoices electronically in the future. Electronic invoices are sent by email in PDF format. Further information on electronic invoice delivery or paper issuance will be provided by your responsible contact person at WIKO Klebetechnik Sp. z o.o.

4. Terms of payment

  1. The prices of WIKO Klebetechnik Sp. z o.o. apply ex works unless otherwise agreed. These are net prices; statutory value-added tax will be shown separately on the day of invoicing.
  2. A cash discount deduction is permissible only if separately agreed in writing. The purchase price is due immediately net upon receipt of the invoice unless another payment term has been agreed. Payments shall only be deemed made once credited to an account of WIKO Klebetechnik Sp. z o.o. In the case of payment by check, only upon honoring of the check.
  3. If the customer defaults on payment, the statutory provisions shall apply. Default interest shall be charged at 8 percentage points above the base interest rate.
  4. The customer is only entitled to offset against the purchase price if counterclaims have been finally adjudicated or acknowledged by WIKO Klebetechnik Sp. z o.o. No right of retention shall exist.
  5. Costs for packaging materials are charged separately according to the current price list. Please ask your customer advisor for the rates. Graduated according to size/weight: packages up to 30 kg, half pallet plus pallet fee, Euro pallet plus pallet fee (deposit upon return).

5. Delivery and performance period

  1. Delivery dates or deadlines that are not expressly agreed as binding are non-binding indications. The delivery period shall not begin until all technical questions with the customer have been clarified and all duties to cooperate have been fulfilled.
  2. WIKO Klebetechnik Sp. z o.o. may unilaterally extend agreed delivery periods after prior notice. Liability for delay in delivery is limited to 15% of the delivery value affected by the delay.
  3. Partial deliveries and partial services are permissible; the customer is obliged to accept them.
  4. If the customer is in default of acceptance, risk and storage costs shall be borne by the customer; claims for damages remain reserved.

6. Transfer of risk – Shipping / Packaging

  1. Loading and shipping are carried out uninsured at the customer's risk. Upon request, WIKO Klebetechnik Sp. z o.o. will take out transport insurance; the additional costs shall be borne by the customer.
  2. Transport and other packaging (except Euro pallets) will not be taken back. The customer shall dispose of them at its own expense.
  3. If shipment is delayed at the customer's request or due to the customer's fault, WIKO Klebetechnik Sp. z o.o. shall store the goods at the customer's expense and risk. Notification of readiness for shipment shall be deemed shipment and entitles invoicing.

7. Warranty / Acceptance

  1. The customer's rights in the event of defects in quality and defects of title shall be governed by the statutory provisions unless otherwise provided below.
  2. The basis of liability for defects is the agreement on the quality and specification of the goods (contract, product descriptions, catalogs, homepage).
  3. In the absence of an agreement, Section 434 para. 1 sentence 2–3 BGB shall apply. Liability for unauthorized statements by third parties (e.g. advertising statements) is excluded.
  4. The customer must inspect the goods without delay and notify obvious defects in writing within 3 calendar days; hidden defects within 3 days of discovery. In the event of culpably delayed or omitted inspection, liability shall cease.
  5. Where acceptance is applicable, it shall be deemed to have taken place no later than two weeks after delivery unless otherwise agreed.
  6. WIKO Klebetechnik Sp. z o.o. may, at its own discretion, provide rectification or replacement delivery. The right to refuse subsequent performance remains unaffected.
  7. Subsequent performance may be made dependent on prior payment; however, the customer may retain part of the price in proportion to the defect.
  8. The customer shall ensure testing and inspection possibilities; in the event of replacement delivery, defective goods must be returned.
  9. WIKO Klebetechnik Sp. z o.o. shall bear expenses for inspection and subsequent performance (transport, labor, material costs excluding removal/installation) if a defect exists. In the event of an unjustified notice of defects, it may demand reimbursement of costs unless the customer can assert lack of knowledge.
  10. In urgent cases (danger, significant damage), the customer may remedy the defect itself and demand reimbursement of the objectively necessary costs, after prior notification to WIKO Klebetechnik Sp. z o.o.
  11. If subsequent performance fails or a deadline expires, the customer may withdraw from the contract or reduce the price, except in the case of an insignificant defect.
  12. The customer's claims for damages are limited to the provisions in Section 8 and are otherwise excluded.

8. Liability

  1. Claims for damages by the customer are excluded, except for damage resulting from injury to life, body, health, essential contractual obligations (cardinal obligations), or intentional/grossly negligent breach of duty.
  2. In the event of a breach of cardinal obligations, WIKO Klebetechnik Sp. z o.o. shall only be liable for typical, foreseeable contractual damages, unless the damage concerns life, body, or health.
  3. The limitations also apply to legal representatives and vicarious agents.
  4. Limitations of liability do not apply in cases of fraudulent concealment of defects, assumption of a quality guarantee, or product liability.
  5. A customer's right of free termination (e.g. Sections 651, 649 BGB) is excluded; termination for other reasons is only possible if WIKO Klebetechnik Sp. z o.o. is responsible.

9. Limitation period

  1. The limitation period for defect claims is 1 year from delivery or acceptance.
  2. For buildings or items used as building materials, the period is 5 years from delivery (Section 438 para. 1 no. 2 BGB), plus special provisions (Section 438 para. 1 no. 1, para. 3; Sections 444, 479 BGB).
  3. These periods also apply to claims for damages arising from defects, unless statutory periods (Sections 195, 199 BGB) are shorter.

10. Retention of title

  1. The goods remain the property of WIKO Klebetechnik Sp. z o.o. until all claims have been paid in full.
  2. Before transfer of ownership, the goods may not be pledged or assigned as security. The customer shall inform WIKO Klebetechnik Sp. z o.o. in writing in the event of insolvency proceedings or access by third parties; the costs shall be borne by the customer.
  3. In the event of conduct in breach of contract (in particular non-payment), WIKO Klebetechnik Sp. z o.o. may withdraw from the contract and demand return of the goods; provided that a deadline has been set or is dispensable.
  4. The customer may resell or process the goods in the ordinary course of business. The following additions apply:
    1. Processing, mixing, or combining establishes retention of title at full value; co-ownership proportionally in the event of participation by third parties.
    2. The customer assigns claims from resale by way of security; WIKO Klebetechnik Sp. z o.o. accepts this assignment.
    3. The customer remains authorized to collect; WIKO Klebetechnik Sp. z o.o. may declare waiver, otherwise revocation is possible.
    4. In the event of excess security > 10%, securities shall be released upon request.
  5. The customer shall treat reserved goods with care, insure them against fire, water, and theft damage, and carry out inspections/preservation measures.

11. Data use

  1. WIKO Klebetechnik Sp. z o.o. stores and processes data in accordance with the BDSG (Sections 4, 4a) for contract performance, customer care, and its own advertising and information purposes; disclosure only where legally required.
  2. The customer agrees to advertising (e.g. newsletter) and may object at any time in writing or by email to info.de@gluetec-group.com .

12. Prohibition of poaching employees

The contractual partner is prohibited from directly or indirectly soliciting or employing employees of WIKO Klebetechnik Sp. z o.o. or affiliated companies during the collaboration and for 12 months thereafter. In the event of a breach, WIKO Klebetechnik Sp. z o.o. reserves the right to claim damages.

13. Place of performance / Jurisdiction / Applicable law

  1. The place of jurisdiction for contracts with WIKO Klebetechnik Sp. z o.o. is Częstochowa.
  2. Polish law shall apply exclusively; the UN Convention on Contracts for the International Sale of Goods is excluded.
  3. The place of performance for payments (bank transfer, check, cash payment) is the registered office or the designated accounts of WIKO Klebetechnik Sp. z o.o.

14. Force majeure

  1. The seller shall not be liable for delays caused by force majeure; it shall make every effort to shorten the delay.
  2. In the event of force majeure, the seller shall inform the buyer without undue delay of the cause and the expected duration of the delay.

15. Confidentiality

  1. Information from the T&Cs and information obtained in connection with order execution are confidential and may only be disclosed to third parties where there is a legal obligation.
  2. The seller shall treat trading volume, prices, discounts, specifications, and logistical and technological data as confidential.
  3. The confidentiality obligation shall also apply after completion of the order; use is permitted only for order execution.

16. Final provisions

  1. Should individual provisions be invalid, the remaining provisions shall remain effective.
  2. The order is subject to Polish substantive and procedural law.
  3. In the event of multilingual versions, the Polish version shall prevail.

Status: May 2025