1. manufacturer. Subject and mode of procurement.

This document sets out the general conditions for the sale, manufacture and installation of furniture and other installations of the brand Icon Concept, Icon Loft and other standard or customized products, as well as the term and scope of the Manufacturer’s warranty for these products. By signing it, the parties hereby agree to abide by it and apply it to all orders for Icon Loft brand products made by the Purchaser from the Manufacturer. The terms in question also apply accordingly to the services provided by the Icon Concept brand.

1.1. The manufacturer of Icon Concept, Icon Loft, Icon Concept Design brand products is Vonart Company sp. z o.o. sp. k. based in Wrocław, ul. Fabryczna 10.

1.2. In accordance with the provisions of Art. 490 of the Civil Code. Icon Concept may refuse to release the ordered goods if it obtains a reasonable suspicion that the Buyer’s payment is doubtful with the due to the deterioration of his financial situation, particularly in the event of the Ordering Party’s failure to pay on time. Icon Concept shall have the right to limit or withdraw the trade credit limit in the event that the insurer servicing Icon Concept i.e. COFACE Compagnie Française d’Asssurance pour le Commerce Extérieur (hereinafter referred to as COFACE Poland) changes or withdraws the trade credit limit granted to the Purchaser. The seller has the right to refuse to fulfill a confirmed order if its fulfillment would result in exceeding the trade credit limit granted by COFACE Poland in excess of the limit.

1.3. The Manufacturer declares that Icon Concept and Icon Loft brand products are custom-made installations manufactured by the Manufacturer for the Orderer’s individual order, with certain general characteristics and standard of workmanship and parameters specified individually by the Orderer. The purchaser, by placing an order for a particular product, declares that he is familiar with its characteristics, including the method and material of manufacture, and the standard of finish.

1.4. Prior to placing an order for a given product, the Ordering Party shall send or provide the Manufacturer with the preliminary – calculated by him – dimensions of the product selected from the range of product templates available from the Manufacturer, indicating the type of product that will be the subject of the order, as well as any available technical documentation of the premises where the installation is to be installed, which may be relevant to its dimensions or customization.

1.5. Based on the data and documentation sent by the Ordering Party, the Manufacturer makes a preliminary estimate of the products and sends it to the Ordering Party along with this document. Along with the quotation, the Manufacturer shall indicate the estimated date of completion of the order and a proposal for the date of taking physical measurements at the Ordering Party’s premises – if necessary – as well as the amount of the advance payment payable upon acceptance of the order, along with the date of its payment.

1.6. The order shall be considered completed when the Ordering Party accepts the General Terms and Conditions of Sale presented to him, the preliminary quote and estimated completion date, as well as the proposal for the date for taking physical inspections – if necessary – as well as the amount and date of payment of the advance payment. The parties may agree on a different date from the Producer’s proposed date for the Ordering Party’s physical inspections. If this will affect the estimated delivery date, the manufacturer will inform the ordering party.

1.7. Upon receipt by the Manufacturer of the acceptance of the order conditions indicated in paragraph. 1.4. above, the Manufacturer shall issue a proforma invoice with the amount and date of payment accepted by the parties. The amount of the advance payment resulting from the proforma invoice is at least 30% of the estimated valuation of the products.

1.8. If a physical measurement is not necessary, the Manufacturer shall proceed with the execution of the order immediately after crediting his bank account indicated on the proforma invoice with the total amount of the advance payment. Failure to pay the advance payment on time may result in a change in the order completion date. In such a case, the Purchaser shall not have the right to withdraw from the contract. Delay in payment of the amount of the advance payment exceeding two weeks entitles the Manufacturer to withdraw from the contract through the fault of the Purchaser without setting an additional deadline for payment.

1.9. If the physical survey is necessary for the execution of the order, on the date agreed by the parties or proposed by the Producer and accepted by the Ordering Party, after payment of the advance under the conditions indicated in paragraph. 1.7., the Manufacturer shall proceed with such measurement at the Purchaser’s premises. The ordering party agrees to make the prepared premises available on this date in a condition that makes it possible to carry out the measurements. The condition of the premises allowing the measurements is the premises in which: floors have been laid and walls have been finished where Icon Loft glazing is installed. Failure to make the premises available by the date of the scheduled survey may result in an extension of the contract completion date, in which case the Ordering Party will not be entitled to withdraw from the contract. Failure to make the premises available despite the appointment of the measurement without cancellation at least 24 hours before its arrival, entitles the Producer to claim a contractual penalty of 800 PLN net + 2 PLN for each kilometer of travel from the Producer’s headquarters to the premises where the physical measurement was to be performed. Payment of the contractual penalty by the Purchaser is a condition for setting a new date for the physical survey.

1.10. After taking measurements from nature, the Manufacturer sends the Ordering Party the technical documentation of the planned installation, along with its final estimate and the proposed date of installation or shipment. After taking physical measurements, the Purchaser agrees not to make any changes to the premises where the products are to be installed that may result in a change in the characteristics or dimensions of the products. During the measurements, the Manufacturer’s staff may make recommendations for modifications to the premises to improve the quality of use of the products (for example, making appropriate reinforcements). The purchaser is solely responsible for compliance with these recommendations.

1.11. The ordering party may accept the indicated in point. 1.8. documentation, quotation and installation date without objection, or report amendments to it. In the case of unqualified acceptance, the manufacturer proceeds with the execution of the order. If corrections are submitted, the parties may agree on a new quotation and order completion date, calculated from the final acceptance of the revised documentation.

1.12. After approval is made as indicated in paragraph. 1.9., it is not possible to make any changes to the Order, unless the parties agree otherwise, which may result in a change in the installation or shipping date.

1.13. In the event that the ordered products require installation by the manufacturer’s employees, the Ordering Party shall provide access to the premises where the installation is to be carried out on the agreed date. The premises should meet the following conditions:

(a) free or paid-for parking space available to the installation team by the Employer;

(b) the possibility of bringing or bringing in products by elevator;

(c) access to electricity and adequate lighting;

(d) a toilet in the facility accessible to the installation team;

e) Ability to work freely from 8 a.m. to 10 p.m.

In the event that the premises meeting the aforementioned conditions are not available on the agreed date of installation, the Ordering Party shall bear the full costs of the installation carried out on an additional date agreed by the parties (including the cost of travel and remuneration of the installation team). The same effect will occur if the Manufacturer determines that changes affecting the characteristics or dimensions of the product have been made in the premises since the natural measurements were taken there. In addition, in such a case, the manufacturer will discontinue the installation, take a new measurement from nature, and may set a new quote and deadline for the order.

1.14. The manufacturer is not responsible for imperfections in the construction work performed by the purchaser or his contractors, such as crooked walls, uneven floors and the consequences of this, such as the gap between the frames of Icon Loft glazing. Once the doors and walls are installed, the finishing of the opening is the responsibility of the purchaser. Vonart enterprise does not carry out masonry, plastering and other finishing work. The manufacturer can finish the hole with steel blends for a fee if it is possible.

1.15. The manufacturer is not responsible for damage to the object associated with the proper implementation of the installation, in particular for paint defects. The Ordering Party is aware that carrying out the installation involves increased noise and dust levels and undertakes to indemnify the Manufacturer from any potential liability to third parties in this regard.

1.16. The date of execution of the order binding the parties is the date indicated after payment of the advance and final acceptance of the technical documentation by the Ordering Party. Lead times may be extended in the event of force majeure (e.g. strikes, delayed deliveries, breakdowns, accidents). In such a case, the party on whose side the force majeure occurred is not responsible for the delay in the execution of the order, as long as will inform the opposing party of the reason and estimated date of delay.

2. manufacturer’s warranty

2.1.The manufacturer guarantees the ordered products for a period of 24 months from the date of their receipt or installation and full payment to the Manufacturer. Defects related to the paint finish of the steel components of Icon Loft products are covered by a 10-year warranty. Confirmation of the guarantee is a Vat invoice issued by the Manufacturer, provided that 100% of the price of the goods is paid, including any installation.

2.2. The warranty covers defects in the Products that become apparent during the term of the warranty, resulting in a decrease in the functional or visual quality of the Products.

2.3. The warranty does not cover defects caused by improper use, improper maintenance, mechanical damage or random events, as well as visual defects resulting from ordinary wear and tear of the Products. Likewise, the product’s characteristics arising from the general characteristics of the product known to the Purchaser do not constitute a defect. In addition, the following product characteristics, resulting from the manufacturing and finishing techniques used, are not considered a product defect giving rise to warranty claims:

(a) any glass and paint defects less than 5mm without accumulation of defects (4 defects less than 200mm apart);

b) linear defects (scratches, nicks) up to a length of 30mm;

(c) gaps between glazing profiles up to 6mm.

2.4. In the case of products delivered to the Ordering Party without assembly carried out by the Manufacturer, the Ordering Party may file a quantity and quality complaint within 14 days from the date of receipt of delivery of the Products.

2.5. In the case indicated in point. 2.4. above, the Ordering Party – under pain of expiration of the right to lodge a complaint – is obliged to check the quantity and quality of the delivered products immediately upon receipt of the delivery of the Products, checking the number of packages/pallets with the bill of lading, the condition of the packaging – in particular, whether it bears no visible signs of damage – and then the quantity and quality of the delivered products.

2.6. In case of damage or shortages of the Products, a protocol covering the above-mentioned defects should be written in the presence of the courier or representative of the transport company. Such a protocol is the basis for filing a complaint.

2.7. In the case of installation of products made by the Manufacturer, the purchaser is obliged to immediately – no later than 3 days from the moment of discovery or perception of the defect – to inform the Manufacturer about the noticed defect.

2.8. In the case of complaints about visual defects in products, the ordering party should include a description of the defect with photographs in the complaint.

2.9. After the complaint, the purchaser is obliged to secure the product so as to prevent the defect from worsening. Any self-repair by the purchaser is not allowed and may result in loss of warranty claims

2.10. The manufacturer will consider the complaint immediately, no later than within 7 days of receipt.

2.11. If the complaint is accepted as requested by the Purchaser, the Manufacturer shall, at the option of the Purchaser:

(a) will replace or repair the products free of charge; or

(b) will give the Ordering Party a discount on the next order in an amount equivalent to the value of the missing or non-conforming product components. or

(c) enter into a separate agreement with the Contracting Authority indicating a different method of settlement of the Contracting Authority’s claims than the ones mentioned above.

2.12 The above provisions do not supersede or affect the rights under the laws generally applicable in Poland, including in particular

3. basic product knowledge of Icon Loft.

3.1. The products of the Icon Loft line are doors and partitions made with steel joinery technology, which bears specific features that are characteristic of this technology,

3.2. Icon Loft products are designed and manufactured based on the company’s proprietary technological solutions, knowledge and experience.

3.3. Icon Loft products are custom-designed and manufactured to order and to size. Customization involves providing a customized product that meets the functional and aesthetic characteristics agreed between the parties. Icon Loft products are not customized in terms of technological solutions such as technical solutions used, type and dimension of steel profiles, type of hinges, type of handles, handles as a standard service.

3.4. Icon Loft products are produced largely by hand, using artisanal methods which involves a certain level of imperfection in the finish of welds and joints.

3.5 Icon Loft products, especially structures containing doors within them for technological reasons, contain corresponding tolerances of up to 10mm after the outline of the glazing, up to 6mm inside the glazing. These tolerances do not apply to installation in a crooked doorway, where installation of a leveled door will involve larger gaps. The contractor is not responsible for gaps caused by crooked walls, ceilings and doorways.

3.6 Icon Loft products are protected with specialized chemicals and powder coated. The durability of the paint coating depends solely on how the door is used. The paint coating is not resistant to impacts and scratches caused by harder objects. Inadequate care with rough materials or chemicals can result in scratching the paint finish. To avoid damage and maximize the life of the paint finish, clean only with a slightly dampened, soft cloth.

3.7 The glazing or design of the Icon Loft system does not guarantee thermal barrier, acoustic barrier or odor insulation, which is due to the characteristics of the material and the characteristics of the steel system.

3.8 Neither the glass nor the structure act as a protective barrier. Static calculations of glass do not take into account high thrust loading.

3.9 Self-replacement of damaged glass or any interference or repair performed through third parties, during the warranty protection period, may result in its extinguishment.

3.10 As standard, Icon Loft products use clear glass, VSG 3.3.1, so-called, safety glass, bonded. Other types of glass are available for an additional charge upon customer request. Choosing non-standard glazing and non-standard services such as tempering may result in longer lead times.

4 Complaints.

4.1. Complaints of quantity and mechanical damage must be reported in writing in the form of a protocol at the time of receipt of goods under penalty of losing this right.

4.2. If the buyer does not submit a written complaint to Icon Concept within 7 days of the report of mechanical damage found at the time of delivery, the delivery is considered to have been made without reservation.

4.3. Quality complaints must be submitted immediately, no later than 7 days after discovery.

4.4. The buyer is obliged to immediately examine the quality of the received goods and immediately notify Icon Concept of any quality objections.

4.5. To be valid, the complaint requires the indication of the sales invoice and the exact specification of the goods.

4.6. Icon Concept will consider the complaint within 14 days of its submission. If the complaint involves the participation of the manufacturer or other third party, the complaint will be answered after obtaining the position of this entity.

4.7. The choice of the method of implementation of a validly filed complaint, i.e. It is up to Icon Concept to repair or replace the goods.

4.8. Icon Concept shall not be liable for the Purchaser’s losses resulting from a legitimate complaint and its liability for damages to the Purchaser shall be limited to the value of legitimately advertised goods at the selling prices to the Purchaser. The Seller shall not be liable for indirect and consequential losses of the Ordering Party. Obvious clerical or accounting errors cannot be the basis for claims against Icon Concept.

4.9. Claims can be made for products used for their intended purpose and installed in accordance with the rules of proper installation. If the goods have been exported outside the Republic of Poland, the complaint will be considered provided that the goods are delivered to the headquarters of Icon Concept.

4.10. If the product is made wdf the data (drawings, measurements) of the Purchaser, Icon Concept is not responsible for the correctness of the measurements and drawings of the Purchaser.

5 Final Provisions.

5.1. Representatives of the parties declare that they are authorized to bindingly represent and dispose of property rights for the amounts covered by the contract, under pain of personal liability for damages arising from ineffective representation.

5.2. Disputes arising in connection with the execution of orders shall be settled by a court having jurisdiction over the registered office of Icon Concept.

5.3. The General Terms and Conditions of Sale have been read and accepted by the Purchaser and are an integral part of the arrangement between the parties.

6 Personal information.

Fulfilling the information obligation imposed by the Regulation on the Protection of Personal Data (RODO), we inform you that:

a) The administrator of your personal data is Przedsiębiorstwo Vonart sp. z o.o. sp. k. based in Wrocław, ul. Fabryczna 10

b)The contact person for data protection matters is the secretariat of Vonart Company Sp. z o.o. sp.k. , who can be contacted by email : sekretariat@vonart.com.pl or by phone at : 713565988

(c) The Administrator shall endeavor to provide all means of physical, technical and organizational protection of personal data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use or access, in accordance with all applicable laws.

d) The legal basis for processing your personal data is :

– 6 paragraph. 1(b) RODO – where processing is necessary for the performance of a contract to which the data subject is a party, or to take action at the request of the data subject

– 6 paragraph. 1(c) of the DPA – where processing is necessary for the fulfillment of a legal obligation incumbent on the controller

– 6 paragraph. 1(f) RODO – where the processing is necessary for the purposes of legitimate interests pursued by the controller or a third party

(e) Personal data is processed for the following purposes

– Issuance and storage of invoices and accounting documents

– Execution of shipments of goods and shipment of accounting documents.

– Exercise of customer rights related to claims under warranty or guarantee

– Execution of contractual provisions of agreements concluded with customers

(f) Personal data shall be processed for the following periods:

-For the issuance of an accounting document for the period required by Polish law – 5 years

– In the case of a purchase, at least for the duration of the warranty and guarantee, as well as for the period necessary for possible claims between the parties.

g we process the following personal data:

In order to issue an invoice :

– name, surname

– address data (town, street, number, postal code)

– email address for sending the document

– nip and name of the entrepreneur

In order to complete the shipment: – name

– address data (town, street, number, postal code)

– email address

– contacts

h) personal data may be transferred to courier companies and the Polish Post Office for the purpose of shipping goods.

(i) In connection with the processing of your personal data, you have the right to:

– Request from the Administrator access to your personal data,

– Request the Administrator to rectify your personal data,

– request the Administrator to delete your personal data,

– Request the Administrator to restrict the processing of your personal data,

– object to the processing of your personal data,

– portability of your personal data,

– lodge a complaint with a supervisory authority if you consider that the processing of your personal data violates the provisions of the RODO.

The above rights can be exercised by: e-mail contact at: biuro@vonart.com.pl

j) We do not transfer your data outside the European Economic Area (EEA)

k) Your personal data will not be processed through profiling

(l) Your personal data will not be used for automated decision-making

m) Your personal data will not be used for marketing purposes

(n) Your provision of personal data is a contractual requirement. Your provision of personal data is voluntary, and the consequence of failure to do so will be the inability to perform contracts.