General provisions

TERMS OF COOPERATION - CONSUMERS »

Supplier: Transfer Multisort Elektronik Sp. z o.o. with the registered office in Łódź, Ustronna 41 street, 93-350 Łódź, registered in the District Court for the city of Łódź – Śródmieście in Łódź, the 20th Division of the National Court Register, under the KRS number: 0000165815, with the share capital of PLN 3,300,000.00, Tax Identification Number (NIP): 729-010-89-94, Statistical No. (REGON): 4731171710. Detailed contact information (e-mail, telephone and fax numbers) are available in the „Contact” tab.

1.a. All provisions contained in further sections of the Terms of Cooperation apply to all contracts concluded between Consumers and Transfer Multisort Elektronik sp. z o.o. (“TME” or the “Seller”). They may only be subject to modification on the basis of individual written arrangements, signed by the Consumer and TME. The Terms of Cooperation are available at www.tme.eu, in the Terms of Cooperation” tab.

1.b. The term “consumer”, referred to in the TME Terms of Cooperation, is defined in Art. 22¹ of the Act of 23 April 1964. CIVIL CODE (Journal of Laws 64.16.93, as amended) and means a natural person performing a legal activity with an entrepreneur not directly related to his/her business activity or profession. The party to agreements concluded with TME must be a natural person of full age.

1.c. Wherever in the terms of the agreement reference is made to “Catalogue”, it should be understood as an edition in printed form, CD/DVD, portable hard drive, website, advertising and press releases, leaflets, as well as all other methods of public presentation of commercial information by TME.

1.d. The consumer acknowledges that goods sold by TME, unless the product manufacturer guarantees otherwise as regards the products’ intended use, are not designed and dedicated for any applications in which a failure may result in a situation threatening human health or life or disastrous damage to property; and in particular they are not designed for medical applications or to save and sustain life or for nuclear applications, nor are they intended to be used in the design, manufacture or otherwise used in so-called supercomputers.

1.e. The consumer undertakes to comply with the customs, import and export regulations of the country to which the goods purchased from TME are to be delivered, as well as to acquire the necessary permits or licences for sale, export, re-export, import of goods from the country of origin, in so far as the legislation in force in these countries requires them to be obtained and to comply with the customs legislation of these countries.

1.f. The consumer acknowledges that the laws of certain countries and international organizations restrict trade in certain goods and related technology and documentation with certain countries, entities or individuals, and s/he represents that s/he is not deprived, under the applicable national and international law, of the right to purchase goods offered for sale by TME.

1.g. The consumer undertakes to comply with all official acts, in particular laws, regulations, orders and decisions, as well as sanctions issued thereunder - to the extent they concern goods purchased from TME (hereinafter: Goods), including among others: (i) the U.S. Export Administration Regulations; (ii) the U.S. International Traffic in Arms Regulations; (iii) the economic sanctions laws and regulations administered by the U.S. Treasury Department's Office of Foreign Assets Control; (iv) the European Union export controls and sanctions regulations; (v) the United Nations sanctions policy; (vi) all relevant laws enacted under any of the foregoing; and (vii) any other applicable economic sanctions, export control or import laws (collectively, the “Export Regulations”).

1.h. The Consumer represents that they: (i) will only use the Goods for civilian end uses and will not use the Goods for unauthorized military end uses within the meaning of the Export Regulations; (ii) will not allow restricted end users to obtain the Goods except as permitted by the Export Regulations; (iii) will not allow prohibited or sanctioned entities to obtain the Goods except as permitted by the Export Regulations, including, but not limited to, persons listed on: (A) the U.S. Specially Designated Nationals List, the Denied Persons List, Entity List, or (B) the consolidated list of persons, groups and entities subject to EU financial sanctions implemented under the EU’s Common Foreign and Security Policy; (iv) will not use the Goods for end uses prohibited by the Export Regulations, such as the design, modification, production or manufacture of nuclear, missile, chemical or biological weapon, nor shall they use the Goods for the design, improvement, repair or manufacture of so-called supercomputers.

1.i. The Consumer will not intentionally re-export, resell, transfer or otherwise make the Goods available to third parties who do not confirm in a clear and unequivocal manner that they will comply with the rules set out in points 1 e – 1 h hereof.

1.j. The legally binding version of the Terms of Cooperation is the Polish version. Other language versions are for informative purposes only.