Alexandar Trading

These Terms and Conditions apply exclusively to business-to-business transactions. They do not apply to consumers.

§1 Scope and Validity

These Terms and Conditions of Sale and Delivery apply to all quotations, orders, sales and deliveries between Alexandar Trading, hereinafter referred to as the “Seller,” and its business customer, hereinafter referred to as the “Buyer,” unless otherwise agreed in writing.

By placing an order, the Buyer accepts these Terms and Conditions.

§2 Quotations, Orders and Contract Formation

  1. Quotations, catalogues, price lists and product information provided by the Seller are non-binding unless expressly stated otherwise.

  2. An order submitted by the Buyer constitutes an offer to purchase the specified products.

  3. A sales contract becomes binding only when the Seller:

    • issues a written order confirmation;

    • issues an invoice or pro forma invoice;

    • confirms the order by email; or

    • dispatches the goods.

  4. Information concerning product dimensions, weight, packaging, ingredients, characteristics, country of origin or appearance is indicative unless expressly confirmed as binding in writing.

  5. Product images are for illustrative purposes only. Packaging, labelling and product presentation may differ depending on the batch, manufacturer or intended market.

  6. The Seller is not responsible for errors in product information, descriptions or promotional materials supplied by manufacturers, suppliers or other third parties, unless liability cannot legally be excluded.

§3 Prices

  1. All sales are made at the prices confirmed by the Seller.

  2. Unless otherwise stated, prices:

    • exclude VAT and other applicable taxes;

    • exclude pallets, special labelling and repackaging;

    • exclude transport, insurance, customs clearance and related charges; and

    • are quoted on an EXW basis from the location specified in the quotation or order confirmation.

  3. The applicable Incoterms® rule and delivery location will be specified in the relevant quotation, invoice or order confirmation.

  4. The Buyer is responsible for all applicable taxes, customs duties, import and export charges, product-registration costs and other official fees unless otherwise agreed in writing.

  5. Before accepting an order, the Seller may amend prices to reflect changes in supplier prices, exchange rates, transport costs, taxes, duties or other costs outside the Seller’s reasonable control.

  6. After a contract has been concluded, prices may be changed only where permitted by the contract or applicable law.

§4 Payment

  1. Payment must be made in accordance with the payment terms and due date stated on the invoice or pro forma invoice.

  2. If no payment terms are specified, the full amount must be paid before the goods are released or dispatched.

  3. Payment is considered completed only when the full amount has been credited to the Seller’s designated bank account.

  4. The Buyer is responsible for bank charges and other transaction costs unless otherwise agreed.

  5. If payment is overdue, the Seller may charge statutory interest applicable to late payments in commercial transactions, together with any legally recoverable collection costs.

  6. If the Buyer fails to make payment on time, the Seller may suspend further deliveries, withdraw agreed credit terms or require advance payment for current and future orders.

  7. The Buyer may not deduct, withhold or offset any amount unless the counterclaim has been accepted in writing by the Seller or established by a final court judgment.

  8. Any discount is conditional upon full and timely payment.

§5 Retention of Title

  1. All goods delivered by the Seller remain the Seller’s property until the Seller has received full payment of all amounts due under the relevant transaction.

  2. Until ownership passes to the Buyer, the Buyer must:

    • store the goods safely and separately where reasonably possible;

    • protect the goods against loss, damage and deterioration;

    • keep the goods identifiable as originating from the Seller; and

    • not pledge or transfer the goods as security.

  3. The Buyer may resell the goods in the ordinary course of business unless the Seller withdraws this permission due to overdue payment, insolvency or another material breach.

  4. If third parties seize, attach or claim rights over goods subject to retention of title, the Buyer must immediately inform the Seller and provide the information required to protect the Seller’s rights.

  5. If the Buyer fails to pay an amount when due, the Seller may, to the extent permitted by law, demand the return of goods subject to retention of title. The Buyer will bear the reasonable costs of their collection and transport.

  6. The application and enforcement of this clause remain subject to mandatory Polish law and the law applicable at the location of the goods.

§6 Delivery and Transfer of Risk

  1. Delivery will be performed according to the terms agreed between the parties and specified in the quotation, order confirmation or invoice.

  2. Unless expressly stated otherwise, indicated delivery dates are estimates and are not guaranteed.

  3. The Buyer is responsible for checking the goods upon receipt and providing suitable personnel and equipment for unloading where required.

  4. Any waiting, storage, redelivery or additional transport costs resulting from the Buyer’s failure to accept the goods at the agreed time or place will be charged to the Buyer.

  5. The risk of loss or damage passes to the Buyer in accordance with the agreed Incoterms® rule. If no Incoterms® rule is specified, risk passes when the goods are handed over to the Buyer or the first carrier.

  6. The Seller must inform the Buyer within a reasonable time of any material delay known to the Seller.

  7. The Seller will not be liable for indirect or consequential losses caused by delayed delivery, including lost profits or lost business opportunities, except where such liability cannot legally be excluded.

§7 Force Majeure

  1. The Seller will not be liable for a failure or delay caused by events beyond its reasonable control, including:

    • war, terrorism, riots or civil unrest;

    • sanctions, embargoes or government restrictions;

    • import or export prohibitions;

    • strikes, blockades or lockouts;

    • natural disasters, fire or severe weather;

    • epidemics or pandemics;

    • shortages of labour, energy, transport or raw materials;

    • interruption of supply chains or IT systems; or

    • failure or delay by suppliers, subcontractors or carriers caused by such circumstances.

  2. The affected obligations will be suspended for the duration of the force majeure event.

  3. If the event continues for more than three months, either party may terminate the affected order by written notice without liability, except for obligations that arose before termination.

§8 Order Cancellation and Modification

  1. An accepted order may be cancelled or modified only with the Seller’s prior written consent.

  2. Any change to the product specification, quantity, packaging, labelling, delivery date or destination must be agreed in writing.

  3. The Buyer must reimburse the Seller for reasonable costs and losses caused by an approved cancellation or modification, including supplier charges, packaging expenses, transport costs and the cost of specially ordered goods.

  4. Orders for customised, labelled, repackaged or specially sourced products cannot be cancelled unless the Seller expressly agrees otherwise in writing.

§9 Inspection, Shortages and Claims

  1. The Buyer must inspect the goods promptly after delivery.

  2. Visible damage, shortages or incorrect products must be recorded on the transport document and reported to the Seller in writing without undue delay.

  3. Hidden defects must be reported promptly after discovery, together with photographs, batch numbers, delivery documents and other evidence reasonably requested by the Seller.

  4. The Buyer must not destroy, dispose of, return or otherwise alter disputed goods without the Seller’s prior written authorisation.

  5. Failure to report a defect or shortage within the applicable legal or contractually agreed period may result in the claim being rejected, subject to mandatory law.

§10 Product Liability and Limitation of Liability

  1. Nothing in these Terms and Conditions excludes or limits liability that cannot legally be excluded, including liability for intentional misconduct.

  2. Subject to mandatory law, the Seller is not liable for indirect, incidental or consequential loss, including loss of profit, revenue, contracts, customers or business opportunities.

  3. The Seller’s total liability arising from a particular order will not exceed the net value of that order, except where a different limitation is required by law or expressly agreed in writing.

  4. The Buyer must follow all instructions concerning storage, transport, handling, traceability and sale of the goods.

  5. Any liability of the manufacturer remains governed by applicable product-liability legislation.

§11 Warranties

  1. Goods are sold according to the specifications confirmed in the applicable order confirmation or invoice.

  2. Unless otherwise agreed in writing, the Seller does not provide any commercial guarantee beyond rights that cannot legally be excluded.

  3. To the extent permitted in business-to-business transactions, the Seller’s liability under the statutory warranty for defects may be limited or excluded in the relevant sales agreement.

  4. Shelf-life information is binding only when expressly stated in the order confirmation or invoice.

  5. Normal variations in packaging, labelling, colour, dimensions or product presentation that do not materially affect the product’s usability do not constitute defects.

§12 Trademarks, Distribution Rights and Regulatory Compliance

  1. The Buyer is solely responsible for determining whether the goods may lawfully be imported, marketed, distributed and sold in the intended destination country.

  2. The customs status or lawful purchase of goods does not automatically mean that trademark or distribution rights have been exhausted in every market.

  3. Before reselling or exporting the goods, the Buyer must verify all applicable requirements concerning:

    • trademark and intellectual-property rights;

    • parallel imports;

    • customs and sanctions;

    • product registration;

    • language and labelling;

    • packaging and environmental obligations;

    • food, cosmetics and product-safety rules; and

    • deposit-return or recycling systems.

  4. The Buyer is responsible for obtaining all required licences, permits, registrations and approvals.

  5. To the extent permitted by law, the Buyer will indemnify the Seller against claims, penalties and costs resulting from the Buyer’s unlawful importation, marketing, distribution or resale of the goods.

§13 Deposit-Return Packaging

  1. Bottles, cans and other packaging sold for export must not be introduced into a national deposit-return system unless properly registered and compliant with the rules of that system.

  2. The Buyer is responsible for complying with all packaging, recycling, environmental and deposit-return obligations in the country where the goods are placed on the market.

  3. Any fees, registrations or liabilities arising from placing the packaging on the destination market are borne by the Buyer unless otherwise agreed in writing.

§14 Applicable Law and Jurisdiction

  1. These Terms and Conditions and all contracts concluded under them are governed by Polish law.

  2. The United Nations Convention on Contracts for the International Sale of Goods shall not apply unless the parties expressly agree otherwise in writing.

  3. Any dispute arising from these Terms and Conditions or a related transaction will be submitted to the Polish court having jurisdiction over the Seller’s registered office, unless mandatory law provides otherwise.

§15 Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will remain in full force and effect.

The parties will replace the affected provision with a valid provision that most closely reflects its original commercial purpose.

§16 Company and Contact Information

Alexandar Trading
Anielewicza 10A
00-167 Warsaw, Poland

Email: info@alexandar-trading.com
Telephone/WhatsApp: +48 608 465 069
Website: www.alexandar-trading.com

Last updated: 22 August 2026