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Terms & Conditions

ARTICLE 1. DEFINITIONS

ARTICLE 2. APPLICABILITY

ARTICLE 3. OFFERS AND CONCLUSIONS

ARTICLE 4. PRODUCT DELIVERY

ARTICLE 5. TERMS OF DELIVERY

ARTICLE 6. INQUIRY, COMPLAINTS AND WARRANTY

ARTICLE 7. SUSPENSION AND DISSOLUTION

ARTICLE 8. PRICES, COSTS AND PAYMENTS

ARTICLE 9. REFUNDS

ARTICLE 10. SHIPPING COSTS ON WITHDRAWAL

ARTICLE 11. LIABILITY AND DAMAGES

ARTICLE 12. MODIFICATION OF THE TERMS

ARTICLE 13. CHOICE OF LAW AND JURISDICTION

  • ARTICLE 1. DEFINITIONS

In these General Terms and Conditions, the following terms are defined as follows, whether used in the plural or in the singular, unless the context or the provisions in question indicate otherwise.

  1. IVM Firma Handlowa: The seller, located at Aleja T. Kościuszki street 101, 90-441 Łódź, Poland. Registered in the District Court for Łódź-Śródmieście, XX Business Division of the National Court Register under KRS number 0001012820, REGON: 52415237100000, NIP: 7272865829, with a share capital of PLN 5,000. 
  2. Contact information of the seller: email: contact@ivm-firma.pl or telephone: +48888976159.
  3. Buyer: any natural or legal person who has entered into or wishes to enter into an agreement with IVM Firma Handlowa.
  4. Consumer: a buyer as defined above who is a natural person and not acting professionally or commercially.
  5. Parties: IVM Firma Handlowa and the buyer together.
  6. Agreement: Any agreement between IVM Firma Handlowa and the buyer in which IVM Firma Handlowa undertakes to sell and deliver products to the buyer.
  7. Products: All items that IVM Firma Handlowa is to supply to the Buyer under the Contract.
  8. Written: In addition to traditional written communication, communication by email, WhatsApp or any other means of communication that can be considered equivalent due to technical progress and generally accepted practice.
  • ARTICLE 2. BASIC PROVISIONS

1. These general terms and conditions apply to every offer from IVM Firma Handlowa and every contract concluded between IVM Firma Handlowa and the buyer.

2. The application of purchase or other general terms and conditions of the buyer is expressly rejected.

3. Deviations from these General Terms and Conditions are only permitted expressly and in writing. Insofar as the provisions expressly agreed in writing by the parties deviate from these General Terms and Conditions, the provisions expressly agreed in writing shall apply.

4. The invalidity or ineffectiveness of one or more provisions of these General Contract Conditions or of the contract as a whole does not affect the validity of the remaining provisions. In such a case, the parties are obliged to find a replacement regulation for the affected clause together, whereby the original purpose of the regulation should be taken into account as far as possible.

  • ARTICLE 3. OFFERS AND CONCLUSIONS
  1. All verbal or written offers from IVM Firma Handlowa are non-binding, even if they contain an acceptance period. IVM Firma Handlowa can withdraw its offer until immediately after acceptance by the buyer.
  2. The buyer cannot derive any rights from an offer from IVM Firma Handlowa that contains obvious mistakes or errors.
  3. Notwithstanding the provisions of paragraph 1, all contracts are formed by offer and acceptance. If the buyer’s acceptance deviates from IVM Firma Handlowa’s offer, the contract does not come about in accordance with this deviating acceptance, unless IVM Firma Handlowa expressly states otherwise.
  4. A composite offer does not oblige IVM Firma Handlowa to execute part of the offer at a corresponding part of the stated price.
  5. If the buyer concludes the contract (also) on behalf of another natural or legal person, he declares by concluding the contract that he is entitled to do so. In addition to this (legal) person, the buyer is jointly and severally liable for the fulfillment of the obligations resulting from this contract.
  • ARTICLE 4. PRODUCT DELIVERY
  1. Delivery Place and Method: The delivery of the products will occur at the location and in the manner expressly agreed upon. The delivery address indicated by the buyer will be used for delivery. If no delivery address is provided, the billing address will be considered the delivery address.
  2. Partial Deliveries: IVM Firma Handlowa reserves the right to fulfill orders in partial deliveries.
  3. Risk Transfer: The risk of loss and damage to the products passes to the buyer at the moment the products are delivered in accordance with the contract.
  4. Maximum Delivery Time: The maximum delivery time for products is three weeks from the date of the order. If this delivery time is exceeded, the buyer retains the right to receive the products without prejudicing the terms regarding delay as outlined in article 5.2. However, exceeding the delivery time does not entitle the buyer to refuse acceptance of the products or to withhold payment of the amounts due under the contract.
  5. Non-Delivery Due to Buyer’s Circumstance: If delivery cannot be completed due to a circumstance attributable to the buyer, IVM Firma Handlowa has the right to store the products at the buyer’s expense and risk. This is without prejudice to the buyer’s obligation to pay the contractually owed amounts. The buyer will also bear any additional costs incurred due to non-acceptance of the products, such as extra freight or delivery costs.
  6. Risk Transfer to Consumer: For consumers, the risk of loss and damage to the products transfers only at the moment the products are received by or on behalf of the consumer.
  7. Ownership of Delivered Cylinders: Upon delivery, the ownership of the cylinders passes to the buyer. These cylinders are not returnable, for example, on the grounds that they were only provided on loan. Cylinders may only be returned to IVM Firma Handlowa for refilling purposes.
  • ARTICLE 5. TERMS OF DELIVERY

1. All delivery times specified by IVM Firma Handlowa are indicative and non-binding. Compliance with these deadlines can depend on various factors, such as the buyer or third parties. If IVM Firma Handlowa is unable to meet the delivery deadline due to force majeure in accordance with Article 7, the obligations will be suspended for the duration of the force majeure.

2. In the event of non-performance by IVM Firma Handlowa due to circumstances for which IVM Firma Handlowa is responsible, IVM Firma Handlowa will only be in default if the buyer has given IVM Firma Handlowa written notice of default, setting a reasonable deadline for performance and IVM Firma Handlowa still has not after this deadline has expired has fulfilled.

3. In cases of non-performance by IVM Firma Handlowa due to circumstances for which IVM Firma Handlowa is responsible, the buyer has the right to dissolve the agreement for the affected part, but is not entitled to additional compensation.

  • ARTICLE 6. INQUIRY, COMPLAINTS AND WARRANTY
  1. Our store cares about the satisfaction of our buyers, including immediate response to all doubts and complaints. If the Buyer wishes to submit a complaint regarding a product or our service, he or she may do so by selecting the “Complaint” option in the inquiry type on our contact form. Your inquiry will be forwarded to our dedicated complaints team. We strive to respond to all complaints within 48 hours and resolve them quickly and effectively. The buyer will be informed about the result of the complaint and possible further actions.
  2. The seller is liable to the consumer if the sold item has a defect (warranty).
    The right referred to above also applies to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Business.
  3. IVM Firma Handlowa guarantees that the products comply with the contract at the time of delivery. Any further warranty is excluded, unless statutory rights and claims of the consumer are affected.
  4. The buyer must check at the time of delivery that the products comply with the contract. In the event of a mismatch, IVM Firma Handlowa must be notified immediately.
  5. IVM Firma Handlowa is not obliged to respond to complaints from the buyer if they are not made in a timely manner or in accordance with the provisions of the previous paragraph.
  6. The statutory complaint period for consumers remains unaffected by the provisions of paragraphs 2 and 3.
  7. Even in the event of a timely complaint, the buyer’s obligation to pay remains in force, considering the statutory rights of the consumer.
  8. Claims by the buyer based on defects that can be attributed to external causes or other circumstances for which IVM Firma Handlowa is not responsible are excluded.
  9. Products can only be returned with the prior written consent of IVM Firma Handlowa.
  • ARTICLE 7. SUSPENSION AND DISSOLUTION
  1. IVM Firma Handlowa has the right to suspend the performance of the contract or to dissolve the contract in whole or in part if the buyer fails to meet his obligations or circumstances become known that give reason to fear that the buyer will not meet his obligations.
  2. IVM Firma Handlowa has the right to terminate the contract with immediate effect if the buyer liquidates his business, transfers it to a third party, is in bankruptcy, has applied for a (temporary) suspension of payments, is involved in legal debt restructuring proceedings, his goods have been seized or in cases where the buyer cannot otherwise freely dispose of his property, unless the buyer has already provided sufficient security for the amounts owed by IVM Firma Handlowa.
  3. The buyer is obliged to compensate IVM Firma Handlowa for the damage it incurs as a result of the suspension or termination of the contract.
  4. If IVM Firma Handlowa dissolves the contract, all claims that IVM Firma Handlowa may still have against the buyer will become due immediately.
  • ARTICLE 8. PRICES, COSTS AND PAYMENTS
  1. Accepted Payment Methods: IVM Firma Handlowa accepts various payment methods to facilitate seamless transactions for the purchase of products. These include PayPal, iMoje, bank transfer, cash on delivery (via InPost), Google Pay, Apple Pay, credit cards (Visa, Maestro, AMEX, etc.), direct bank transfer, and BLIK.
  2. Delivery Costs: The cost of delivery for our products varies depending on the location to which the products are being shipped and the shipping method selected. Delivery costs will be clearly communicated to the Buyer during the checkout process, before the completion of the order. For a general overview, our delivery costs range from 4.00 EUR to 7.50 EUR. For orders exceeding 40.00 EUR, shipping may be offered at a reduced rate or for free. For more detailed information, please refer to our Delivery Information section on our website.
  3. Unless expressly agreed otherwise in writing, all prices quoted by IVM Firma Handlowa are exclusive of VAT, other government taxes and shipping costs, whereby in the case of a consumer purchase the total price including VAT and any additional costs is stated before the contract is concluded.
  4. IVM Firma Handlowa is entitled to demand full or partial advance payment of the agreed price and costs, with the proviso that in the case of a consumer purchase, IVM Firma Handlowa does not oblige the consumer to pay more than 50% of the purchase price in advance. Payment at the time of delivery is not considered an advance payment.
  5. As long as the buyer is in arrears with the payment to IVM Firma Handlowa and the payment is already due, IVM Firma Handlowa is not obliged to (further) fulfill the contract.
  6. Payments are to be made in the manner specified by IVM Firma Handlowa, within the period specified or announced by IVM Firma Handlowa.
  7. IVM Firma Handlowa has the right to only provide the buyer with the invoice by email.
  8. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred in order to receive the amounts owed by the buyer to IVM Firma Handlowa are borne by the buyer.
  • ARTICLE 9. REFUNDS
  1. The right of an entrepreneur making purchases for purposes related to his business, but not of a professional nature for the buyer, to withdraw from the contract within 14 days.
    e.g. “The Buyer has the right to withdraw from the concluded contract in writing without giving a reason within fourteen days from the date of conclusion of the contract pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended). In the event of written withdrawal from the contract, the Customer is obliged to return the goods within fourteen days. The right referred to above also applies to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Economic Activity.
  2. All Buyers, including consumers and entrepreneurs making purchases for purposes not related to their professional or commercial activities, have the right to withdraw from their contract within 14 days without giving any reason. The withdrawal period will expire 14 days after the day on which the Buyer, or a third party other than the carrier and indicated by the Buyer, acquires physical possession of the goods. To exercise the right of withdrawal, the Buyer must inform us of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).

    Contact information:
    IVM FIMRA HANDLOWA SP. Z O.O.,
    al. Tadeusza Kościuszki 101
    90-441, Łódź
    Poland
    Email: contact@ivm-firma.pl
    Phone: +48 888 976 159
  3. The aforementioned right applies exclusively to those who purchase the product via the IVM Firma Handlowa website.
  • ARTICLE 10: Shipping Costs on Withdrawal
  1. In the event of withdrawal from the contract, the Buyer will bear the direct cost of returning the goods unless otherwise specified. If the returned product is diminished in value resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods, the Buyer may be liable for this diminished value.
  2.  
  • ARTICLE 11. LIABILITY AND DAMAGES
  1. IVM Firma Handlowa assumes no liability for damage caused by inaccuracies or incompleteness of the data provided by the buyer, for other breaches of legal or contractual obligations by the buyer or for other circumstances for which IVM Firma Handlowa cannot be held responsible.
  2. The buyer, with the exception of IVM Firma Handlowa, is responsible and liable for the way in which the products are used by the buyer himself or by a third party whom he allows to use the products. The products must be used in accordance with the enclosed instructions. If the delivered laughing gas is used for human consumption, IVM Firma Handlowa is in no case liable for any (personal) damage that may result. The nitrous oxide user must ensure that it is safe for him to use it. It is recommended to obtain information about the consumption of nitrous oxide, e.g. from the Trimbos Institute. The buyer releases IVM Firma Handlowa from all claims and claims of third parties that arise in connection with the irresponsible consumption of the nitrous oxide supplied by IVM Firma Handlowa and the resulting (personal) injuries.
  3. Except in the case of willful misconduct or gross negligence on the part of IVM Firma Handlowa and with the exception of the provisions in Article 6.1, IVM Firma Handlowa is not liable for defects in the products or for the use of the products by the buyer or third parties.
  4. IVM Firma Handlowa is not liable for indirect damage, including personal injury, losses incurred, lost profits and damage due to business interruptions.
  5. Insofar as IVM Firma Handlowa is liable for damage despite the provisions in these General Terms and Conditions, IVM Firma Handlowa always has the right to remedy this damage. The buyer must give IVM Firma Handlowa the opportunity to do this, otherwise IVM Firma Handlowa will not be liable in this regard.
  6. IVM Firma Handlowa’s liability is limited to a maximum of the invoice value of the contract, at least to that part of the contract to which IVM Firma Handlowa’s liability relates.
  7. The limitation period for all legal claims and objections against IVM Firma Handlowa is one year. Contrary to the previous sentence, claims and defenses to which the consumer is entitled based on facts justifying the allegation that a consumer purchase is not in accordance with the contract shall lapse after two years.
  8. 8. The buyer and in particular the reseller of the products indemnifies IVM Firma Handlowa from all third-party claims that suffer damage in connection with the execution of the contract and the cause of which can be attributed to others than IVM Firma Handlowa. Should IVM Firma Handlowa be sued by third parties for this reason, the buyer must support IVM Firma Handlowa in and out of court and immediately do everything that can reasonably be expected of him in this context. If the buyer does not take appropriate measures, IVM Firma Handlowa is entitled to do this itself if the buyer is in default. All costs and damage incurred by IVM Firma Handlowa and third parties as a result are fully borne and at the risk of the buyer.
  9. In the case of a consumer purchase, the restrictions in this article do not go beyond what is permitted under article 7:24 paragraph 2 of the Polish Civil Code.
  • ARTICLE 12. MODIFICATION OF THE TERMS
  1. IVM Firma Handlowa has the right to change or adapt the General Terms and Conditions in whole or in part at any time.
  2. If IVM Firma Handlowa changes its general terms and conditions in whole or in part, the changed conditions are deemed to have been accepted if the customer has not objected to the changed conditions within 14 days after the changed conditions have been sent to him or have become known to him.
  3. If the customer demonstrates within the period specified in paragraph 2 of this article that he does not agree with the changes, IVM Firma Handlowa has the right to terminate the contract immediately.
  • ARTICLE 13. CHOICE OF LAW AND JURISDICTION
  1. Polish law applies exclusively to the contract concluded by IVM Firma Handlowa with the buyer and to all disputes arising from this contract or these general terms and conditions and everything connected with them.
  2. Disputes about this contract, these general conditions or about any matter arising out of this contract or these general conditions will exclusively be submitted to the competent court in Poland. In the case of a consumer purchase, however, the consumer can also appeal to the court at his place of residence, provided that this is permitted by mandatory legal provisions.