General Terms and Conditions of Sale
Art. 1
GENERAL PROVISIONS
1. The hereby document (hereinafter: “GTCS”) sets out the general terms and conditions of all sales transactions entered by Polychem Systems sp. z o.o. (hereinafter: “Seller”).
2. The provisions of the GTCS may only be amended by including an appropriate provision in the sales contract. In such a case, the provision of the sales contract shall prevail. The GTCS shall be published by the Seller on the Seller’s website, which is tantamount to them being made available to the Buyer prior to the conclusion of the contract. The Buyer may copy/download the GTCS from the Seller’s website, as well as store and reproduce them.
3. These GTCS shall be construed as an objection against any terms and conditions established unilaterally by the Buyer.
4. Any correspondence addressed to the Seller shall be sent to the following address: Polychem Systems sp. z o.o., ul. Wołczyńska 43, 60-003 Poznań, or to the e-mail address info@polychem-systems.com.pl.
5. In the event of discrepancies between the provisions of the Sales Contract and the provisions of these GTCS, the provisions of the latter shall prevail, subject to Sec. 7.
6. In cases where the Buyer submits a purchase offer using its own form, this shall not exclude the application of the provisions of the GTCS. The provisions of the GTCS shall prevail over any provisions of the order submitted using the bidder’s form.
7. The Parties may enter into legal relations on terms and conditions other than those specified in the GTCS only by way of a separate Agreement, which must be concluded in writing or under pain of nullity, as a result of negotiations between the Parties, and must precisely define the extent to which the GTCS are excluded.
8. The Buyer agrees to the sale under the provisions of these GTCS.
9. Should any provision hereof be rendered unenforceable, whether in whole or in part, this shall not affect the remainder of the provision in question or any other provisions hereof. To the extent permitted by the law applicable to the Seller, the Parties hereto shall agree in good faith to replace such invalid provision with a lawful provision having a similar economic effect.
10. Unless the GTCS expressly provides otherwise, any amendments and modifications hereto must be made in writing and signed by duly authorised representatives of the Parties or else be deemed null and void. The Buyer may also copy/download the amended or modified GTCS from the Seller’s website, as well as store and reproduce them.
Art. 2
BUSINESS CORRESPONDENCE AND PURCHASE ORDERS
1. Any catalogue materials, product data sheets, material safety data sheets and diagrams and drawings attached to the offer shall be subject to change. The Seller reserves the ownership and copyright in respect of cost estimates, drawings and other documentation provided to the Buyer. Copying and sharing such content, as well as samples of goods and commercial offers, with third parties without the consent of the Seller shall be prohibited.
2. Unless otherwise specified, all offers sent by the Seller shall remain valid for 30 days.
3. Unless otherwise specified, all correspondence between the Seller and the Buyer sent to info@polychem-systems.com.pl as well as sent to the address indicated by the Buyer shall be deemed binding.
4. Purchase orders shall be deemed placed and binding upon official written confirmation by the Seller. Any contracts shall enter into force on the day of signature by all Parties thereto.
5. The Seller shall make available to the Buyer, at any time upon the Buyer’s request, the up-to-date product data sheets, material safety data sheets, approvals, attestations, certificates and others.
6. The Seller represents to the Buyer that the goods shall not contain any legally prohibited substances.
7. Any change to the bank account number, delivery address, persons authorised to place orders, collect goods or handle correspondence, e-mail addresses used for business communication, or invoicing details — including those relating to the National e-Invoice System (KSeF), as well as other significant operational instructions, require confirmation by the Seller in writing, using the agreed communication channel, and, if necessary, additional verification by an authorised person on the Seller’s side.
8. The Seller is entitled to suspend the execution of an instruction or order until the authenticity of such request has been effectively confirmed, if the Seller has reasonable doubts as to the identity of the sender, the integrity of the message, the legality of the instruction or the security of the communication channel.
9. Any actions taken by the Seller to verify the authenticity of an instruction, or to protect against misuse, fraud, impersonation of a business partner or any other security incident, shall not constitute a delay or a breach of contract.
Art. 3
PRICES AND TERMS OF PAYMENT
1. All prices shall be construed as inclusive of Value Added Tax (VAT) at the current statutory rate.
2. Unless otherwise agreed, the prices indicated in the Seller’s current commercial offer shall apply.
3. Unless otherwise agreed, the payment terms set out in the Seller’s last valid commercial offer sent to the Buyer shall apply. The commissioning of the order and commencement of the contractual deadlines shall be conditioned by payment of the advance payment, if applicable.
4. If the Buyer fails to meet the payment terms, the Seller shall be entitled to charge statutory interest.
5. The Buyer shall not be entitled to withhold payment or make set-offs without the express written consent of the Seller.
6. Where payment arrears exist after the agreed payment term or the purchase order placed exceeds the agreed trade credit amount, the Seller shall be entitled to suspend the shipment of goods and/or the performance of the contract until the arrears are settled by the Buyer or the amount exceeding the agreed trade credit amount is paid.
7. The Seller shall only issue proforma invoices if the contract or the commercial offer so provide.
8. The Buyer shall bear the costs of cancelling the orders for goods placed with the Seller (including administrative costs and storage of the goods or their return to the warehouse).
9. Where a deferred payment term is applied for the delivery (i.e. payment after the delivery of the goods to the Buyer), and the Buyer fails to meet the payment term indicated on the VAT invoice, the Seller may initiate a procedure to obtain voluntary payment of the amount due. The Buyer shall reimburse the Seller, based on a debit note, the flat-rate costs associated with the above procedure in the following amount:
a) PLN 50.00 for the first and each subsequent payment request,
b) PLN 100.00 for the first and each subsequent payment request if the payment request is issued on behalf of the Seller by a law firm.
Art. 4
INVOICING AND TAX OBLIGATIONS FOR DOMESTIC CUSTOMERS
1. Domestic invoices for businesses and institutions will be issued exclusively via the National e-Invoice System (KSeF), whilst pro forma invoices will be sent to the Buyer’s specified email address.
2. Invoices may only be downloaded from the KSeF system. No invoice previews will be sent in PDF any other format.
3. The Buyer declares that they have active access to KSeF and ensures its proper functioning on their part.
4. The Seller shall not be liable for the Buyer’s inability to download the invoice resulting from reasons attributable to the Buyer, in particular, lack of access to KSeF, incorrect configuration of IT systems or lack of authorisations.
5. The Seller’s placement of the invoice in the KSeF system constitutes the basis for payment by the Buyer.
6. KSeF does not send notifications regarding pending invoices. It is the Buyer’s responsibility to download the sales document from the system.
7. The Buyer bears sole responsibility for the correct tax settlement of invoices issued in KSeF.
8. The payment term for an invoice runs from the moment the Seller places the invoice in KSeF.
9. Failure by the Buyer to download the invoice from KSeF does not affect the payment term and does not release the Buyer from the obligation to pay.
10. Invoices in KSeF are issued in a standardised, uniform XML format.
11. In the event of the KSeF system failure or the inability to issue a structured invoice for technical reasons (offline mode), the Seller shall provide the Buyer with the invoice in a manner agreed between the parties. These invoices shall contain the QR codes referred to in the regulations, enabling verification of the data contained on the invoice.
12. Once the KSeF system is restored, the invoice shall be sent to KSeF within the time limits set out in the applicable law. The date on which the receipt of the invoice is recorded in the manner agreed by the Parties, marked by the relevant codes, or the date on which the invoice is assigned an ID number in KSeF shall be deemed the date of effective delivery of the invoice – whichever occurs first.
13. A prolonged system failure does not exempt the Buyer from meeting the payment term stated on the invoice. After the lapse of this term, the Seller reserves the right to charge interest for late payment.
14. KSeF does not apply to domestic individual customers, for whom invoices will be delivered in a manner agreed by the parties.
Art. 5
INVOICING AND TAX OBLIGATIONS FOR FOREIGN CUSTOMERS
1. In the case of transactions with foreign customers, invoices are issued in accordance with the applicable tax laws of the Republic of Poland and the regulations of the European Union.
2. The foreign customer bears sole responsibility for the correct payment of taxes, customs duties and other public law liabilities applicable in the country of their registered office or the place of delivery of the goods.
3. The Seller shall not be liable for the tax consequences of the transaction on the part of the foreign customer, including the incorrect application of the VAT rate or reverse charge mechanisms, if this results from false or incomplete data provided by the customer.
4. The National e-Invoice System (KSeF) does not apply to foreign customers (whether individual or institutional), to whom invoices shall be delivered in a manner agreed by the parties.
5. Customers with residence outside of Poland receive a PDF version of the invoice containing the data submitted to KSeF. This document serves as the basis for making payment.
6. The date on which the invoice is assigned a number in KSeF shall be deemed to be the date of issue.
7. Access to invoices issued in KSeF is determined in accordance with the scope and rules set out in the relevant legislation.
8. No additional action is required on the part of the customer in connection with the use of KSeF in Poland.
Art. 6
TIME LIMITS
1. The delivery deadline shall run from the day the Buyer and Seller sign the contract or agree in writing on the contents of the purchase order. Meeting the delivery deadline shall be subject (insofar as applicable) to the timely receipt of complete documentation from the Buyer, including the necessary permits, approvals and clarifications, as well as the timely clarification and approval of projects, and the fulfilment of agreed payment terms and other obligations by the Buyer.
2. The delivery deadline shall be deemed to have been met if the shipment of ready-to-use goods has left the Seller’s warehouse before the agreed delivery date. If the dispatch or receipt of goods is delayed for reasons attributable to the Buyer, then the sending of notification of readiness of goods for dispatch or collection prior to the agreed delivery deadline shall be construed as compliance with the applicable delivery deadline.
3. Where the delay in receipt or dispatch of the goods caused by the Buyer is longer than 30 days, the Seller may dispose of the goods at its discretion, and the Buyer shall not be entitled to make claims for late or non-delivery. The Seller shall also be entitled to claim reimbursement from the Buyer for the costs incurred, including administrative costs and those related to the storage of the goods or their return to the warehouse.
4. If there emerge any previously unforeseeable obstacles hindering the fulfilment of the Seller’s obligations or the obligations of its subcontractors, and if such obstacles arising from force majeure or late deliveries of crucial production materials or semi-finished products could not have been prevented with due diligence, the agreed delivery dates shall be postponed accordingly. If such obstacles have rendered the Seller unable to deliver the goods, the Seller may withdraw from the contract within 14 days of the occurrence of such obstacles, after prior notification to the Buyer. Within the meaning of this section, the Seller shall also not be liable for any inconvenience caused by strikes and lockouts. None of the above circumstances shall entitle the Buyer to charge contractual penalties.
5. In no event may the Seller be liable for indirect losses and opportunity costs (including loss of business, profit, production, income or contracts) of the Buyer resulting from late delivery, including those caused by the shipping company or incomplete delivery.
Art. 7
CLAIM PROCEDURE
1. The Seller shall be liable for the quality and quantity of the goods delivered/received up to the gross sales value according to the sales documents and the goods quality test certificate enclosed with every order.
2. The Seller represents and warrants that the quality of the goods shall be in accordance with the product data sheet and the material safety data sheet unless the Buyer expressly specifies different quality and other requirements in the sales contract. The product data sheet and material safety data sheet shall be attached to the sales contract.
3. The quality of the goods delivered shall be determined based on an umpire sample taken by the Seller during the filling of the packaging or tanker. The Seller shall allow the sampling of goods in sealed packaging for quality testing.
4. The Buyer shall submit any quality or quantity claims to the Seller in writing, by e-mail or by registered mail, return receipt requested. The deadline for complaints shall be 30 calendar days after delivery/receipt of the goods. Failure to comply with the deadline shall result in the Buyer’s forfeiture of any claims on this account.
5. In the case of latent defects, the Buyer shall be obliged to submit claims regarding any such defects in the goods delivered/received immediately after they become apparent and in any case no later than within 7 days of their discovery; otherwise, claims concerning such defects shall not be processed. Failure to comply with the deadline shall result in the Buyer’s forfeiture of any claims on this account. The Buyer may submit claims regarding latent defects up to 12 months after the date of purchase of the goods.
6. The Seller shall not be liable for defects in goods after the expiry date stated on the product data sheet.
7. Any claims submitted by the Buyer on account of quality or quantity defects shall include such things as:
• claim report detailing the defects of the goods and other relevant information, including information on the manner of processing
• delivery documents
• test certificate from the Buyer indicating existence of inconsistencies
• weight test certificate — in the case of quantity claims as a result of the Buyer’s weighing
• photo of the packaging showing that the seals, caps, etc. are intact — in the case of quantity claims
• claim reports concerning damaged packaging, including quantity claim reports, signed by the person shipping the goods to the Buyer.
8. The Seller shall process claims within 21 days of receipt of the complete claim documentation.
9. The Buyer shall be obliged to secure and store the goods covered by the claim or the product made using such goods until the claim procedure has been completed. The Seller shall be entitled to appoint an expert to investigate the validity of the claim.
Art. 8
TRANSFER OF RISK AND RECEIPT OF THE DELIVERY ITEM
1. In the case of domestic sales, deliveries are carried out in accordance with the Polish law. The INCOTERMS® 2020 rules do not apply unless the Parties expressly agree otherwise.
2. In the case of international sales, deliveries are carried out in accordance with the INCOTERMS® 2020 rules, published by the International Chamber of Commerce (ICC), in the wording specified in the offer, order or order confirmation.
3. The INCOTERMS® 2020 rules specify, in particular, the allocation of transport costs and the point at which the risk of loss or damage to the goods passes, and do not affect the point at which the tax liability arises, which is determined in accordance with the relevant provisions of law.
4. In the absence of an explicit indication of an INCOTERMS® 2020 rule, it is assumed that delivery takes place upon handover of the goods to a carrier acting on the Buyer’s behalf.
5. The risk associated with the goods passes to the Buyer upon delivery (even partial) from the Seller’s warehouse, even if the Seller has also undertaken other services, such as dispatch, transport or installation. At the Buyer’s request and at the Buyer’s expense, the Seller may arrange insurance for the consignment.
6. Partial deliveries and invoicing are permitted.
7. The Buyer shall in all cases be responsible for unloading the goods.
8. Transport to the destination, installation and connection of the goods shall be the responsibility of the Buyer. The Buyer shall carry out these activities on the basis of information provided by the Seller.
9. Any storage of the goods shall be at the expense and risk of the Buyer, who is obliged to ensure storage conditions appropriate to the specific nature of the goods.
Art. 8a
LIMITATION OF THE SELLER’S LIABILITY (CUSTOMERS WHO ARE NOT CONSUMERS)
1. The provisions of this paragraph apply exclusively to Buyers who are not consumers under Article 221 of the Civil Code.
2. The Seller’s liability towards the Buyer, irrespective of the legal basis, is limited to the net value of the delivery to which the claim relates.
3. The Seller shall not be liable for:
• indirect damage,
• loss of profit,
• interruptions to the Buyer’s business,
• use of the goods contrary to their intended purpose or technical documentation.
4. The limitations of liability shall not apply in the case of damage caused intentionally.
Art. 8b
LIABILITY TOWARDS CONSUMERS AND NATURAL PERSONS
1. Where the Buyer is a consumer or a natural person, the Seller’s liability shall be governed by applicable provisions of law, in particular the Civil Code and the Consumer Rights Act.
2. No provision of these GTCS shall exclude or limit the rights of consumers under the applicable law.
3. In the event of any conflict between the provisions of the GTCS and the provisions of consumer law, the provisions of consumer law shall prevail.
Art. 8c
LIMITATION OF LIABILITY IN INTERNATIONAL TRADE
1. The Seller’s liability towards a foreign customer, irrespective of the legal basis, is limited to the net value of the delivery to which the claim relates.
2. The Seller shall not be liable for:
a. indirect losses,
b. lost profits,
c. exchange rate differences,
d. administrative or tax sanctions imposed on the foreign customer.
3. The provisions of this paragraph shall not apply in the case of damage caused intentionally.
Art. 9a
CYBERSECURITY AND BUSINESS CONTINUITY
1. The Parties undertake to cooperate in ensuring the security of communications, the continuity of order fulfilment and the mitigation of the effects of security incidents that may affect the performance of the contract, including the availability of systems, the integrity of documents, the correctness of commercial instructions, settlements, invoicing or contact between the Parties.
2. A security incident is understood as any event that may result in a breach of confidentiality, integrity, authenticity or availability of information, ICT systems, services or communication channels used by either Party in connection with the performance of the contract.
3. Each Party undertakes to immediately inform the other Party of any identified security incident or serious security threat if such an event may affect the performance of the contract, the security of correspondence, the accuracy of instructions, the timeliness of deliveries, the issuance or receipt of documents, or the security of data transmitted in connection with the performance of the contract.
4. In the event of a security incident, a reasonable suspicion of a security breach, or the need to implement protective measures, the Seller shall have the right to:
1. temporarily suspend the fulfilment of the order or a specific activity,
2. apply additional verification or authorisation requirements,
3. change the method of communication or the method of document transfer,
4. temporarily disable a specific communication channel,
5. apply emergency mode of operation.
5. The actions referred to in paragraph 4, taken by the Seller in order to protect security, ensure business continuity, mitigate the effects of an incident, or fulfil obligations arising from generally applicable laws, shall not constitute a breach of contract and shall result in a corresponding extension of the performance deadlines by the duration of the obstacle and the time necessary to restore safe operations.
6. The Buyer undertakes to ensure the security of its own systems, email accounts, authentication credentials, access to accounting systems, banking systems and KSeF, and to immediately inform the Seller of any instance of loss of control over an account, unauthorised access, impersonation of an employee, false instruction or any other event that may affect the performance of the contract.
7. The Seller may use third party services, in particular IT, telecommunications, logistics, hosting, cloud, accounting, advisory or debt collection services, with consideration of the requirements for security, business continuity and data protection arising from the applicable law and the Seller’s internal standards.
8. To the extent permitted by law, the Seller may implement organisational and technical measures to ensure cybersecurity, supply chain security, business continuity and protection against abuse, including additional procedures for identification, authorisation, event logging, access restriction or emergency changes to the manner of carrying out activities.
9. If a security incident or serious security threat is of an external, extraordinary nature and cannot be prevented despite the exercise of due diligence, it may also be classified as a case of force majeure within the meaning of art. 9b of these GTCS.
Art. 9b
FORCE MAJEURE
1. The Parties shall not be liable for the non-performance or improper performance of obligations arising from the contract if this is the result of force majeure.
2. Force majeure shall include, in particular:
a. natural disasters,
b. wars or military operations,
c. epidemics, pandemics,
d. decisions of public authorities,
e. strikes, lockouts,
f. disruptions to energy supplies,
g. failures of the ICT systems, including public administration systems (in particular KSeF).
3. The occurrence of force majeure shall result in a corresponding extension of the deadlines for the performance of obligations.
4. This provision shall not exclude the parties’ obligations arising from mandatory provisions on personal data protection and cybersecurity, in particular the obligations to respond to incidents and the required notifications.
Art. 10
RETENTION OF TITLE
1. Any goods delivered shall remain the property of the Seller (as goods of retention) until the Buyer has settled all amounts due.
2. If the Buyer processes or incorporates the goods of retention into other goods, the Seller shall acquire the right to co-ownership of the new item, pro rata of the invoice value of the goods of retention to the invoice value of the other goods used to create such new item.
Art. 11
ASSIGNMENT OF CLAIMS
1. The Seller is entitled to assign claims arising from contracts covered by these GTCS to third parties, in particular to financial institutions, without the need to obtain the Buyer’s consent.
2. The Buyer waives the right to raise any defences against the assignee available to Buyer against the Seller, with the exception of the defence of performance.
3. A foreign customer is not entitled to transfer rights or obligations arising from the sales contract without the prior written consent of the Seller, on pain of nullity.
Art. 12
SANCTIONS AND COMPLIANCE REGULATIONS
1. The Buyer declares that it is not an entity subject to sanctions under the laws of the European Union, the Republic of Poland or other relevant international regulations.
2. The Buyer undertakes that the goods purchased from the Seller shall not be used or re-exported in breach of applicable sanctions regulations.
3. Any breach of this paragraph shall entitle the Seller to immediately withdraw from the contract due to the Buyer’s fault.
Art. 13
EXPORT LAW, SANCTIONS AND CONTROL OF TRADE IN GOODS
1. The foreign customer declares that:
a. it is not an entity subject to economic, trade or financial sanctions imposed by the European Union, the United Nations, the Republic of Poland, the USA or other competent authorities,
b. it does not act on behalf of or for the benefit of entities subject to sanctions.
2. The foreign customer undertakes to comply with regulations concerning the control of export, re-export and the end-use of goods.
3. Goods delivered by the Seller may not be re-exported, transferred or used in breach of applicable sanctions or export regulations.
4. In the event of a breach of this paragraph, the Seller is entitled to immediately suspend performance of the contract or to withdraw from it at fault of the customer.
§14
END USER CLAUSE
1. The foreign customer declares that they are the end user of the goods or designates the end user in a lawful manner.
2. The foreign customer undertakes to inform the Seller of any change concerning the end user or the intended use of the goods.
3. The Seller shall not be liable for the consequences of the goods being used contrary to their declared intended use.
Art. 15
ESG AND DUE DILIGENCE
1. The Buyer undertakes to use the goods in accordance with applicable legal provisions, in particular those relating to environmental protection, occupational safety and the handling of chemical substances.
2. The Seller shall not be liable for the consequences of the Buyer’s use of the goods in a manner contrary to the law or the technical documentation.
Art. 16
APPLICABLE LAW AND JURISDICTION
1. The Parties shall use their best efforts to resolve any disputes that may arise in connection with the performance of contracts covered by these GTCS amicably. Should amicable dispute resolution prove impossible, any disputes arising hereunder shall be settled by the courts of general jurisdiction over the registered office of the Seller. However, the Seller shall retain the right to challenge the Buyer in the courts of general jurisdiction over the registered office of the Buyer.
2. Polish law shall apply to any disputes that may arise between the Seller and the Buyer.
3. In the event of a change in the law, in particular in tax, customs, sanctions, environmental or trade regulations, which affects the costs of performing the contract or the Seller’s obligations, the Seller shall be entitled to amend the terms and conditions of sale accordingly, including prices, delivery times or the manner of performance of the contract.
4. The amendment referred to in paragraph 1 shall not constitute a breach of the contract nor shall it provide grounds for the Buyer to pursue any claims for damages.
5. Sales contracts concluded with foreign customers shall be governed by Polish law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
6. Any disputes arising from sales contracts shall be settled by the court of general jurisdiction over the Seller’s registered office, unless the Parties agree otherwise in the contract, and subject to art. 8b.
Art. 17
GOVERNING LANGUAGE
1. Where the General Terms and Conditions of Sale or sales contracts are drawn up in more than one language, the Polish language version shall be binding and decisive.
2. Sales contracts, the General Terms and Conditions of Sale and all documentation may be drawn up in a bilingual versions.
3. In the event of any discrepancy in interpretation, the Polish version shall prevail.
Art. 18
PROCESSING OF PERSONAL DATA
In reference to Regulation (EU) 2016/679 of the European Parliament and of the Council of the 27th of April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”), we kindly inform about the manner and purpose for which your personal data is processed, as well as about your rights under the data protection regulations.
I. Who is responsible for processing your personal data?
1. Your data administrator is Polychem Systems Sp. z o.o. with its registered office in 60-003 Poznań, ul. Wołczyńska 43, registered in the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under no. KRS 0000035167, NIP 7790000830, REGON 001075365 (“Administrator”).
2. Direct contact details are available on the website: polychem-systems.com.pl, Contact tab.
3. The Administrator has appointed a Data Protection Supervisor overseeing the correctness of the processing of personal data, who can be contacted on all matters relating to the processing of personal data and the exercise of rights in relation to the processing via e-mail address: iod@polychem-systems.com.pl or by sending correspondence to the Administrator’s postal address.
4. This information applies in particular to the personal data of Buyers who are natural persons, persons representing Buyers, contact persons, persons responsible for placing orders, arranging deliveries, processing payments and handling complaints, as well as any other persons whose data has been provided to the Controller in connection with the conclusion or performance of a contract.
II. What is the legal basis for processing your personal data?
1. We process your personal data in accordance with the provisions of the GDPR, the Act of Personal Data Protection of the 10th of May 2018 and other applicable provisions of law.
2. Personal data will be processed:
a. In order to meet contractual obligations (art. 6.1.b GDPR) data is processed for the purposes of providing products and services rendered by the Administrator, sales and financial settlements, as well as executing and performing the contract for the supply of goods and services.
b. In order to comply with legal obligations incumbent on the Administrator (Art.6.1.c GDPR) – to meet the obligations arising, in particular, from accounting regulations, tax regulations, invoicing regulations—including through the use of the National e-Invoice System (KSeF)—and other obligations arising from generally applicable laws.
c. On the basis of your consent (Article 6.1.a GDPR) – if you have given your consent to the processing of your personal data for specific purposes (e.g. for the purpose of running promotions and competitions, for contacting the Administrator via web forms, for marketing the Administrator’s own services and products), the Administrator is entitled to process such data on the basis of such consent. Consent may be withdrawn at any moment. The withdrawal of consent does not affect the lawfulness of data processing until the consent is withdrawn.
d. For the purposes resulting from legitimate interests pursued by the Administrator or a third party (Article 6.1.f GDPR) – where necessary, the processing is carried out in order to protect the Administrator’s own or a third party’s legitimate interests. Such processing could be for example:
• Ensuring IT security and communication security,
• Customer satisfaction survey,
• Statistics and analysis of cooperation and quality of services provided,
• Establishing and maintaining business relationships,
• Assertion and defense of claims and complaints,
• Direct marketing of our own products and services,
• Establishing persons authorized to act on behalf of the business partner,
• Processing in order to comply with anti-money laundering and anti-terrorist financing legislation.
3. In the case of personal data obtained not directly from you, but from a business partner, employer, or entity on whose behalf you act, as well as from publicly available registers or records, in particular the CEIDG [Central Register and Information on Business Activities], KRS [National Court Register] and other publicly accessible sources of information, such data is processed solely to the extent necessary for:
• conclude and perform a contract,
• fulfil the legal obligations incumbent on the Administrator,
• verify the business partner and identify persons authorised to act on their behalf,
• ensure the security of cooperation, communication and settlements,
• pursuing claims or defending against claims,
• pursuant to Article 6.1.b, c or f of the GDPR – depending on the purpose of processing and the nature of the relationship with the Administrator.
4. The Administrator may process, in particular, identification, contact, registration and job title data, data concerning representation or authorisation, as well as data contained in orders, correspondence, settlement documents, logistics documents and complaint documents.
III. How long will your personal data be processed?
Personal data will be processed for the period necessary to fulfil the purposes indicated in point II, i.e.,:
a. for the performance of contract for provision of services and/or products until its completion, and thereafter for the period required by law, or for the settlement of any claims,
b. with regards to direct marketing carried out on the basis of consent, until such time as consent for such processing is withdrawn,
c. with regard to data processed on the basis of the Administrator’s legitimate interests – until the legitimate interests forming the basis of such processing have been fulfilled, whilst respecting your rights and freedoms, or until you have filed an effective objection to such processing, unless there are legitimate grounds for continuing to process the data.
IV. Your rights in relation to our processing of your personal data
1. You have the right to:
a. Request access to your personal data,
b. Rectify your personal data,
c. Restrict processing of your personal data or have them removed – in the cases foreseen by the provisions of law,
d. Withdraw at any time your consent to processing of your personal data where processing is based on your consent,
e. Object at any time to processing of your personal data on grounds relating to your particular situation, where the processing by the Administrator is carried out for the purposes of legitimate interests (Art.21.1 GDPR),
f. Object at any time to processing of personal data for direct marketing purposes (Art. 21.2 GDPR),
g. Request for the transfer of personal data processed for the purpose of concluding and performing a contract or processed on the basis of consent,
h. File a complaint with the President of the Office for the Protection of Personal Data if it is considered that the processing of personal data violates the provisions of the GDPR. Be forgotten (deletion of data) in the situations provided for in the GDPR,
2. In order to report and exercise your rights, direct a relevant request to the following email address: iod@polychem-systems.com.pl or the Administrator’s postal address.
V. To whom may we transfer your personal data?
The recipients of your personal data are:
a. Entities supporting the Administrator in the delivery and logistics process,
b. Debt collectors,
c. Our business partners in combining products or services,
d. Our law firm, consultants and audit companies,
e. Entities supporting the Administrator in the maintenance of the IT systems, hosting, telecommunication services, and providing technical support,
f. Entities processing data on behalf of the Administrator (so-called processors), e.g. IT service providers, postal operators,
g. Cloud service providers.
VI. Information on transfers of your personal data to a third country (outside the European Union)
Please be informed that your data will not be transferred outside the European Economic Area (EEA).
VII. Are you required to provide personal data?
Polychem Systems Sp. z o.o. requires you to provide personal data for the purposes of entering into and performance of a contract. Failure to provide the personal data requested by Polychem Systems Sp. z o.o. may result in the inability to enter into and perform a contract, carry out a delivery, issue documents or maintain ongoing cooperation. In cases where processing is based on your consent, the provision of data is entirely voluntary.
VIII. Where do we obtain your personal data from (source of data)?
a. from you – in particular in connection with the conclusion or performance of a contract, correspondence, placing orders, making a complaint, business contact or organising deliveries;
b. from the Buyer, contractor, employer or entity on whose behalf you act – in particular where you have been designated as a representative, contact person or person authorised to place orders, or to make commercial, technical, logistical, accounting or complaint arrangements, or to collect goods;
c. from the CEIDG, KRS and other publicly available registers, records or lists;
d. from generally available sources, in particular from websites, public databases, email footers, informational materials or other publicly available sources;
e. from correspondence conducted in connection with the performance of a contract or business relationship.
In the case of data not obtained directly from you, the Administrator processes it only to the extent necessary for the purpose for which it was obtained and in accordance with the legal bases set out in point II above. The fact that data is disclosed in public registers or records does not exempt the Controller from the obligation to process it in accordance with the provisions of the GDPR.
IX. Information on automated decision-making and profiling
Please be informed that your data is not subject to automated decision-making and profiling.
Poznań, 03.04.2026