Terms and Conditions

T&Cs

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

1. Scope of Application

  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 recognized by WIKO Klebetechnik Sp. z o.o. The following terms and conditions of sale shall also apply 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 of 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 goods value). Orders with a lower order value may also be executed. For these small orders below the minimum order value, we charge a small-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 is made.
  2. Offers made by WIKO Klebetechnik Sp. z o.o. are subject to change and non-binding unless they have been expressly marked 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 can be provided by your responsible case handler at WIKO Klebetechnik Sp. z o.o.

4. Terms of Payment

  1. The prices of WIKO Klebetechnik Sp. z o.o. are ex works unless otherwise agreed. They are net prices; statutory VAT shall be shown separately on the date the invoice is issued.
  2. A cash discount deduction is permitted only by separate written agreement. The purchase price is due immediately net upon receipt of the invoice unless another payment term has been agreed. Payments shall be deemed made only when credited to an account of WIKO Klebetechnik Sp. z o.o. In the case of payment by cheque, only upon the cheque being honored.
  3. If the customer defaults on payment, the statutory provisions shall apply. Default interest shall be charged in the amount of 8 percentage points above the base interest rate.
  4. The customer shall only be entitled to offset against the purchase price if counterclaims have been legally established or recognized by WIKO Klebetechnik Sp. z o.o. There is no right of retention.
  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 information. The delivery period shall not begin until all technical issues have been clarified with the customer 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 in the event of delay in delivery is limited to 15% of the delivery value affected by the delay.
  3. Partial deliveries and partial services are permitted; the customer is obliged to accept them.
  4. If the customer defaults in 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 shall be carried out uninsured at the customer’s risk. Upon request, WIKO Klebetechnik Sp. z o.o. shall take out transport insurance; the additional costs shall be borne by the customer.
  2. Transport and other packaging (excluding Euro pallets) will not be taken back. The customer shall dispose of them at their own expense.
  3. If shipment is delayed at the request or through the fault of the customer, 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 material defects and defects of title shall be governed by the statutory provisions unless otherwise stipulated 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 late notification or failure to inspect, liability shall be excluded.
  5. Where acceptance is required, 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 subsequent performance by remedying the defect or making a 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 opportunities; in the event of a replacement delivery, the defective goods must be returned.
  9. Expenses for inspection and subsequent performance (transport, labor, material costs excluding removal/installation) shall be borne by WIKO Klebetechnik Sp. z o.o. if a defect exists. In the event of an unjustified notice of defects, it may demand reimbursement of costs unless the customer can invoke lack of knowledge.
  10. In urgent cases (danger, substantial damage), the customer may remedy the defect themselves 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. The customer's claims for damages are excluded, except for damages 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 damages concern life, body, or health.
  3. The limitations also apply to legal representatives and vicarious agents.
  4. Limitations of liability shall not apply in cases of fraudulent concealment of defects, assumption of a quality guarantee, or product liability.
  5. The customer's right to terminate freely (e.g. Sections 651, 649 BGB) is excluded; termination for other reasons is only permitted if WIKO Klebetechnik Sp. z o.o. is responsible.

9. Limitation Period

  1. The 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 limitation periods (Sections 195, 199 BGB) are shorter.

10. Retention of Title

  1. Until all claims have been paid in full, the goods remain the property of WIKO Klebetechnik Sp. z o.o.
  2. Before title passes, the goods may not be pledged or transferred by way of security. The customer shall inform WIKO Klebetechnik Sp. z o.o. in writing of insolvency proceedings or third-party access; the customer shall bear the costs.
  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 not required.
  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 where third parties are involved.
    2. The customer assigns claims from resale as 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 a waiver, otherwise revocation is possible.
    4. If the collateral surplus exceeds 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 support, as well as its own advertising and information purposes; disclosure only where legally required.
  2. The customer agrees to advertising (e.g. newsletters) and may object at any time in writing or by e-mail to info.de@gluetec-group.com .

12. Prohibition on Poaching Employees

The contractual partner is prohibited, during the cooperation and for 12 months thereafter, from directly or indirectly soliciting or employing employees of WIKO Klebetechnik Sp. z o.o. or affiliated companies. In the event of a violation, 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, cheque, 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 reduce the delay.
  2. In the event of force majeure, the seller shall inform the buyer without delay of the cause and the expected duration of the delay.

15. Confidentiality

  1. Information from the GTC and information obtained in connection with order execution are confidential and may only be disclosed to third parties where legally required.
  2. The seller shall treat trade volumes, prices, discounts, specifications, logistical and technological data confidentially.
  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 case of multilingual versions, the Polish version shall prevail.

Version: May 2025