Instructions for use, cleaning, and maintenance of our pots

     VICTORUM brand pots are made of polyester-glass laminate which is resistant to different weather conditions.

Our pots are coated with polyurethane paint characterized by high mechanical resistance, high UV ray resistance as well as thermal resistance (including high and low temperatures).

To use our pots for many years, the following recommendations should be followed:

• The pots should be washed with clean water using a soft sponge or cloth.
• The use of window cleaning solutions gives great results; however, they must not include alcohol.

It is unacceptable to clean the pots with agents containing solvents, which may cause permanent damage to the paint coating.

We do not recommend washing out pots using high-pressure devices.

Damage to the coating of our pots

In the event of mechanical damage to the paint coating, there is a possibility of repair.

Our firm can deliver specially prepared paint for this purpose in a 400ml spray-bottle container. It is assumed that 1 package with a volume of 400ml is enough to paint an area of 0.5m2. The basis for an effective paint order is the knowledge of the colour code of the pot according to the RAL palette and the information whether it is in a gloss or satin effect.

We recommend having the pot restored at a professional body and paint shop.

The filling of our pots

The interior filling of our pots should not exceed 400kg per 1m3. It is recommended to fill the pot halfway with expanded clay, aggregate, further with geotextile fabric and soil.

General conditions for the sale of goods

§1 Subject matter of the general terms and conditions of sale

The purpose of these general terms and conditions of sale is to establish mutual rights and obligations arising from the contract between the Seller and the Buyer for the sale of our Goods, including the basis of an invoice and a receipt.

§2 Definitions

For the purpose of these general terms and conditions of sale, the following definitions apply:

“Seller” – VICTORUM 26-500 Szydlowiec ul. Kosciuszki 181 Poland

„Buyer” – (Customer) Seller’s counterparty purchasing goods

“Goods” – pots and other products are in the Seller’s offer

§3 The Scope

These general terms and conditions of sale apply to all sales contracts of Goods with Buyers who do not acquire an individual contract for the sale of Goods which excludes the validity of these general terms and conditions of sale.

§4 Goods

1. The assortment offer of goods sold by the Seller may be presented to the Buyer in the form of price lists, catalogues, or electronic media.

2. The Seller has the right to make a change in his product range of Goods at any time.

3. The Seller declares that the goods he sells:

- have been manufactured in accordance with Seller standard norms,

- are in a condition that allows the Buyer and other third parties to use the Goods for their intended purposes,

- meet the quality and safety conditions set by the Polish standards or relevant EU legislations.

§5 Orders

1. The buyer places orders in writing, by fax, e-mail, or telephone conversation containing the following information:

a. The name and other parameters to identify the type of product,

b. The quantity of Goods,

c. The proposed delivery date, subject to §6 paragraph 1,

d. The exact address of the Buyer to which the delivery is to be made.

2. In addition, if the Buyer has not previously provided this information, the order should also include the full name or company of the Buyer, the exact address of the residence or registered office, the number at which it is registered in the Companies House or Nation Court Register number, as well as the VAT identification number and National Business Registry Number.

3. To conclude a sales contract, the Buyer’s order requires confirmation of its acceptance by the Seller in writing, by fax or by e-mail, sent within 3 working days from the date of its receiving. However, the Seller’s failure to do so after this appellation will be equivalent to not accepting the contract.
równoznaczny z nie przyjęciem zamówienia.

4. The date of conclusion of the contract of sale of goods is the date of sending the buyer a confirmation of acceptance of the order.

§6 Terms of order fulfilment

1. The standard delivery date of Goods is 30 days from the date of the sale contract. If it is impossible to keep the standard delivery date, the Seller will inform the Buyer in the order confirmation. In this case, the Buyer has the right to withdraw their order if they do not accept the extended delivery date. Failure to withdraw the order within 3 business days of receiving the order confirmation will indicate the acceptance of the new delivery date by the Buyer.

2. Moreover, the standard delivery date may be shortened or extended at the request of the Buyer with the consent of the Seller expressed in the order confirmation.

3. The costs of transport or shipping are borne by the Buyer unless the Seller covers these costs in the order confirmation.

4. The Seller is obliged to transport or send the Goods in packaging which protects the products against damage during transport. This packaging (foil, corners, cardboard, and others) is only used to protect the goods during transport. After delivery they must be immediately removed due to the possibility of damaging its top coating and the chance of a chemical reaction occurring.

5. If the quantity of the Goods requires, the Seller will deliver the Goods packed on EURO pallets. The Buyer is obliged to return to the Seller the same number of EURO pallets that they received with the Goods.

6. The Goods will be marked with labels enabling their identification located inside the goods.

7. Subject to otherwise expressed provided for in the conclusion of the sales contract, alike obligation, all costs of transport, unloading and the risk of loss or damage of the Goods covered by the order from the commencement of transport from the Seller’s premises shall be borne by the buyer.

8. The authorized representative of the Buyer confirms the receipt of Goods on the delivery release receipt or VAT invoice delivered by the carrier.

9. The Buyer may specify in the order that they intend to collect the Goods directly from the Seller’s premises. The authorized representative of the Buyer shall confirm the receipt of Goods on the delivery release receipt or VAT invoice after their release from the Seller’s warehouse.

§7 Prices and terms of payment

1.The buyer may obtain the price list of the Goods sold from the Seller’s representative.

2.The prices included in the price list received by the Buyer may be changed by the Seller at any time prior to the conclusion of the sales contract of the Goods by providing the price list with the changed prices or by informing the Buyer about the new prices after placing an order for the Goods. In this case, the Buyer has the right to withdraw their order if they do not accept the changed prices for the Goods. Failure to withdraw the order within 3 business days of receiving information about the change in prices for the Goods will indicate the Buyer’s acceptance of the prices. After the order is confirmed by the Seller, the sales contract is considered as concluded.

3.The settlement documentation between the parties will include a VAT invoice or a receipt issued by the Seller within the statutory period.

4.The payment for the Goods will be made by the Buyer on terms agreed between the parties. Payment will be made in cash or by bank transfer to the Seller’s bank account indicated on the VAT invoice or proforma invoice.

5.Filing a complaint does not entitle the Buyer to withhold the payment of the purchased Goods.

6.In the event of a delay in making a payment, the Seller has the right to charge statutory default interest on the unpaid amount.

§8 Reservation of Ownership of the Goods

1.The Seller reserved the ownership of the Goods being the subject of the sale until the full price is paid by the Buyer.

2.Until this event occurs, the Buyer has no right to sell, pledge or encumber the Goods.

§9 Corrected invoices

1.If it is necessary to correct the value or quantity of the Goods sold to the Buyer, the Seller can issue an appropriate corrected invoice.

2.The Buyer shall send the Seller’s signed invoice within 14 days of receiving the corrected invoice. In the event of the Buyer’s delay in sending the signed corrected invoice, the Seller has the right to demand a contractual penalty in the amount of 50 PLN for each day of delay.

§10 Force Majeure

1.All events occurring beyond the control of the parties which affects the fulfilling of the sales contract falling withing the commonly accepted definition of “force majeure” release the contracting parties from liability without the right to claim the other party. The parties are obliged to immediately notify each other of such a case.

2.In the event where it is impossible to deliver the Goods due to force majeure within the time limit, the parties allow the appointment of an additional delivery date.

§11 Warranty and complaint conditions for the Goods

1. The warranty for the purchased goods is valid for a period of 1 year from the date of issuing the document confirming the purchase (receipt or invoice), provided that all activities included in the " Instructions for use, cleaning, and maintenance of our pots" were properly followed throughout this period.

2. The warranty does not cover mechanical damage caused by the customer's fault and use, contrary to its intended use.

3. To keep the shape of the pots intact, they cannot be moved elsewhere by grasping by the frames and should only be moved when empty inside. Also, do not allow the soil to freeze with a lot of water inside the pot. Before pouring the soil, it is recommended to cover the walls of the pot with garden foil. This will ensure a longer pot life. It should be remembered that the laminate is a "working" material - that is, it slightly changes its shape under the influence of external factors, such as temperature, sunlight, pressure from inside (earth or water). It is possible to deform the shape under the pressure of a large mass, e.g. soil. In this respect, the laminate can be compared to boards made of other materials, e.g. wood or dibond. The consequences of such movements of the laminate may include microcracks in the top layer in critical points of the pot, e.g. at the corners. It is a rare phenomenon, but it may occur when several factors accumulate at once. This is normal - it does not affect the functionality of the pot and never leads to deeper cracks. It is also not the basis for filing a complaint.

4. In pots with reinforcements ("ribs" on the walls to prevent pushing out), while maintaining high humidity of the soil / substrate inside the pot, or due to high sunlight in the place where the pots stand, these reinforcements may become visible and emphasize the outer layer. This is a normal phenomenon; it does not affect the functionality of the pot and cannot be the basis for filing a complaint.

5. Complaints shall only apply to those defects of the Goods that prevent their use (eg leakage, cracks along the entire thickness of the laminate). However, the defects of visual and aesthetic nature and the defects mentioned in points 2, 3 and 4 are not subject to complaints. It should be remembered that the pots are made by hand, in accordance with the leaflet attached to the product, therefore no two are identical. Each product is unique: size, paint coating and finish may vary slightly. Considering the shrinkage of the material, the difference in size between individual products can vary from 2 to 6 mm.

6. In the event of a complaint about the Goods, the amount of any claims of the Buyer against the Seller may not be higher than the value of the given Goods calculated at the price paid by the Buyer.

7. The complaint may be resolved according to one of the following solutions:

- If the defect of the Good is minor and can be removed on site, the Seller will repair it at the Customer's (Buyer's) place.

- If the repairment of the Good at the Customer's place is not possible, the Seller shall repair the Goods at its production plant (place of business).

- In the event of a defect of the Goods that is not possible to repair, the Seller will produce and deliver to the Customer a new item of the Good with the same parameters as the defective Goods.

- In the event of a defect of the Goods preventing its use completely, the Buyer may finally return the defective Goods, and the Seller will refund the value of the Goods, by bank transfer or in cash at the purchase price agreed (on the invoice or receipt) for the Buyer. In the event of a partial defect in the Goods, but prevented by the Buyer for repair, the Seller may refund part of the value of the purchased Goods, determined in proportion to the size of the defect. The number of claims against the Seller may not exceed the value of the purchased Goods that turned out to be defective.

8. The Seller also covers the costs related to the delivery and collection of the Goods subject to exchange in the event of a complaint. These can only be the costs of the courier service or transport of the shipping company.

9. The Seller does not cover the costs related to the preparation of the defective Goods for collection from the Buyer. The Buyer is responsible for completely emptying the pots (replanting plants, trees, shrubs), dismantling the connected installations, enabling access to the Goods, and packing the defective Goods in a way that enables their collection by a courier or a transport company (as agreed). In the case of sending a new Good, the Buyer performs its replacement and management.

10. Only the Buyer who ordered the Goods and for whom the sales document is issued has the right to submit a complaint and consider its removal. A third party whom the Goods have been resold to or transferred in a different form by the Buyer, has no right to file a complaint.

§12 Confidentiality

1.The parties to the sales contract undertake to keep the terms of the contract confidential, as well as any financial and commercial information obtained during its conclusion, which may constitute a business secret within the meaning of Article 11 section 4 of the Act of April 16, 1993 on Combating Unfair Competition.

2.The Seller’s disclosure of the knowledge covered by this confidentiality clause to its subsidiaries or parent entities does not constitute a breach of this obligation.

3.Disclosure of confidential information to legal consultants, statutory auditors of the parties, and bodies whose disclosure of information is subject to the obligation of generally applicable provisions of law shall not be considered a breach of confidentiality.

§13 Jurisdiction

All disputes arising from the contract for the sale of Goods will be settled by the court competent for the area of the Seller’s warehouse.

§14 Final Provisions

1.If any of the provisions of these general conditions of sale is considered invalid, prohibited, or unenforceable for any reason, this provision will be ineffective only to the extent that it is invalid, prohibited, or unenforceable, without affecting the validity of the remaining provisions of the general terms and conditions of sale, and without affecting the validity or enforceability of this provision in another jurisdiction. The provisions of law are generally applicable in place of the questioned or invalidated provisions.

2.The Seller may transfer all rights resulting from the concluded contract for the sale of Goods to a third party.

3.In matters not covered by these general terms of sale, the provisions of the Civil Code shall apply.