These Terms and Conditions set out the rules governing the sale of machinery, equipment and spare parts (hereinafter referred to as the “Products”) by Full Maszyny Budowlane sp. z o.o., as well as the rules for using the website and sales platform, placing orders, delivery, payments, complaints and withdrawal from the contract.

I. Definitions

The terms used in these Terms and Conditions shall have the following meanings:

  1. Seller – Full Maszyny Budowlane sp. z o.o., with its registered office in Warsaw at Bruszewska 20, 03-046 Warsaw, Poland, registered with the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000060232, NIP: 5242320024, REGON: 016156920, e-mail address: full@full.com.pl, telephone: +48 22 819 40 40.
  2. Customer – a natural person, legal person or organisational unit without legal personality to which specific provisions of law grant legal capacity, who enters into a Sales Contract with the Seller. The Customer may be a Consumer or an Entrepreneur.
  3. Consumer – a Customer who is a natural person entering into a legal transaction (Sales Contract) with the Seller which is not directly related to their business or professional activity.
  4. Entrepreneur – a Customer who is not a Consumer.
    Terms and Conditions – these Terms and Conditions of Sale.
  5. Sales Platform (Online Store) – the website operated by the Seller, available at www.full.com.pl, through which the Customer may place Orders.
  6. Product – construction machinery, equipment, spare parts and accessories presented by the Seller and forming the subject of a Sales Contract. Products may be new or used. If a Product is used, this will always be clearly indicated in its description.
  7. Sales Contract – a contract for the sale of a Product concluded between the Seller and the Customer under the terms specified in these Terms and Conditions and the Order.
    Civil Code – the Polish Act of 23 April 1964 (Journal of Laws of 2024, item 853, as amended).
  8. Consumer Rights Act – the Polish Act of 30 May 2014 (Journal of Laws of 2024, item 179, as amended). It applies to contracts concluded with Consumers, in particular contracts concluded at a distance or off-premises.
  9. Order – a declaration of intent made by the Customer directly aimed at concluding a Sales Contract, specifying in particular the type, quantity and characteristics of the Product as well as the delivery and payment terms.
  10. Durable Medium – any material or tool enabling the Customer or the Seller to store information addressed personally to them in a way that allows access to that information in the future for a period appropriate to the purposes for which the information is intended and which allows the stored information to be reproduced unchanged.

II. General Provisions

2.1. These Terms and Conditions set out the rules for concluding Sales Contracts between the Seller and the Customer, including placing Orders, delivery of Products, payments, the right to withdraw from a contract, complaint procedures relating to Product defects and the provision of electronic services.

2.2. Products may be sold through the Sales Platform, by telephone, by e-mail or at the Seller’s registered office. These Terms and Conditions apply to all sales channels unless expressly stated otherwise.

2.3. Information about Products provided on the website, in catalogues or in other information materials of the Seller constitutes an invitation to enter into a contract within the meaning of Article 71 of the Polish Civil Code.

2.4. Use of the Sales Platform is possible provided that the technical requirements necessary to use the ICT system employed by the Seller are met, including Internet access, a web browser and an active e-mail account.

2.5. The Customer is obliged to use the Sales Platform and communicate with the Seller in accordance with applicable law, these Terms and Conditions and generally accepted principles of social conduct.

III. Rules for Using the Sales Platform

3.1. Use of the Sales Platform may require registration. Registration is completed by filling in and accepting the registration form available on the Sales Platform.

3.2. Registration requires acceptance of these Terms and Conditions and the provision of personal data marked as mandatory in the form.

3.3. The Seller may deprive the Customer of the right to use the Sales Platform or restrict access to its resources with immediate effect if the Customer breaches these Terms and Conditions, in particular if the Customer provides false information, infringes the personal rights of other Customers or the Seller, or engages in other conduct contrary to law or detrimental to the Seller’s reputation. A person deprived of the right to use the Sales Platform may not register again without the Seller’s consent.

3.4. In particular, the Customer is obliged to:

a) refrain from providing or transmitting content prohibited by law;

b) use the Sales Platform in a manner that does not interfere with its operation, in particular through the use of malicious software or devices;

c) refrain from activities such as sending unsolicited commercial communications (spam);

d) use the Sales Platform in a manner that does not cause inconvenience to other Customers or the Seller;

e) use any content made available through the Sales Platform solely for their own purposes related to reviewing the Seller’s offer;

f) use the Sales Platform in accordance with applicable law, these Terms and Conditions and generally accepted rules for using the Internet.

3.5. All content made available by the Seller on the Sales Platform, including photographs, Product descriptions, texts and graphics, is protected by copyright. No material published on the Sales Platform, or any part thereof, may be copied, modified, distributed, published or otherwise used in any form or by any means without the Seller’s prior written consent.

IV. Procedure for concluding a sales contract

4.1. In order to conclude a Sales Contract, the Customer places an Order. Orders may be placed online through the Sales Platform, by telephone or by e-mail.

4.2. When placing an Order, the Customer specifies the selected Product or Products and their quantity and provides the information necessary to process the Order, including Customer details, delivery address and preferred payment method.

4.3. For Orders placed online, Products are selected by adding them to the shopping cart and subsequently completing and electronically submitting the Order form.

4.4. For Orders concerning construction machinery of significant value, the Seller may require additional written or e-mail confirmation of the Order after the details have been agreed, e.g. specifications, delivery date and transport costs.

4.5. Submission of an Order by the Customer constitutes an offer to enter into a Sales Contract with the Seller.

4.6. Upon receipt of the Order, the Seller confirms its receipt. The Seller then verifies the availability of the Product and confirms acceptance of the Order for processing, or informs the Customer that the Order cannot be fulfilled, by sending an appropriate message to the Customer’s e-mail address or by another agreed method. Acceptance of the Order for processing by the Seller constitutes the conclusion of the Sales Contract.

4.7. The Sales Contract is concluded in Polish, in accordance with Polish law and these Terms and Conditions.

V. Delivery of Products

5.1. Products are delivered to the address specified by the Customer in the Order.

5.2. Delivery of construction machinery requires specialised transport, the organisation and costs of which are agreed individually with the Customer for each Order. Information regarding transport costs will be provided to the Customer before conclusion of the Sales Contract. Transport costs shall be borne by the Customer unless the parties agree otherwise in writing.

5.3. For the delivery of spare parts or smaller equipment, the Seller may use courier services or its own transport. Delivery costs are determined in accordance with the Seller’s or carrier’s price list and communicated to the Customer before conclusion of the Sales Contract. Such costs shall be borne by the Customer unless otherwise agreed.

5.4. The Order processing and Product delivery time is agreed individually with the Customer and confirmed by the Seller. It may depend on Product availability, specifications and the place of delivery.

5.5. The Customer is obliged to inspect the Product upon delivery in the presence of the carrier. If transport damage is identified, the Customer should prepare a damage report signed by both the Customer and the carrier. This is important for processing any claims concerning damage occurring during transport. The absence of a damage report does not exclude the possibility of making a claim but may significantly hinder proving it.

5.6. Proof of purchase (VAT invoice) is provided to the Customer together with the Product or sent electronically to the specified e-mail address.

VI. Prices and payment methods

6.1. Product prices are quoted in Polish zloty (PLN) and may be stated as net or gross prices (including VAT). Information as to whether the price is net or gross, as well as the applicable VAT rate, is clearly specified in each Product offer or Order confirmation.

6.2. The Seller accepts the following payment methods:

a) Bank transfer to the Seller’s bank account specified in the Order confirmation or pro forma/VAT invoice.

b) Online payments via Przelewy24 are processed by PayPro S.A., with its registered office in Poznań at Pastelowa 8, 60-198 Poznań, Poland. Available payment methods include instant bank transfers, BLIK and payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic and Maestro. Cash on delivery is also available.

6.3. For Orders concerning Products of significant value, the Seller may require a deposit or advance payment in an agreed amount. Payment terms are agreed in each case before conclusion of the Sales Contract and confirmed in the Order/Contract.

6.4. The payment date shall be the date on which the funds are credited to the Seller’s bank account or the date on which the payment is confirmed by the payment service provider.

VII. Right of Withdrawal

7.1. A Customer who is a Consumer and has concluded a Sales Contract at a distance (e.g. through the Sales Platform, by telephone or by e-mail) or off the Seller’s business premises may withdraw from the contract without giving any reason within 14 days.

7.2. The withdrawal period expires 14 days after the day on which the Consumer acquires physical possession of the Product or on which a third party other than the carrier and indicated by the Consumer acquires physical possession of the Product. In the case of a contract covering multiple Products delivered separately, in batches or in parts, the period begins upon taking possession of the last Product, batch or part.

7.3. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement, e.g. a letter sent by post to: Full Maszyny Budowlane sp. z o.o., Bruszewska 20, 03-046 Warsaw, Poland, or by e-mail to full@full.com.pl. The Consumer may use the model withdrawal form constituting Annex 2 to the Polish Consumer Rights Act, but this is not mandatory.

7.4. To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

7.5. Effects of withdrawal:

a) If the Consumer withdraws from the contract, the Seller shall reimburse all payments received from the Consumer, including the costs of delivery of the Product (except for additional costs resulting from the Consumer’s choice of a type of delivery other than the least expensive standard delivery offered by the Seller), without undue delay and in any event no later than 14 days from the day on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal. The Seller shall make the reimbursement using the same means of payment as those used by the Consumer for the original transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any costs as a result. The Seller may withhold reimbursement until the Product has been returned or the Consumer has supplied evidence of having sent it back, whichever occurs first.

b) The Consumer must return the Product to the Seller or hand it over to a person authorised by the Seller to receive it without undue delay and in any event no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal. The deadline is met if the Consumer sends the Product back before the 14-day period has expired. The Product should be returned to the Seller’s registered office: Full Maszyny Budowlane sp. z o.o., Bruszewska 20, 03-046 Warsaw, Poland.

c) The Consumer shall bear the direct costs of returning the Product. If, due to the nature of the Product, it cannot normally be returned by post or standard courier service, in particular due to the size, weight or specific nature of construction machinery, the Consumer shall bear the direct costs of returning the Product, including the costs of any necessary specialised transport. Information on the estimated costs of returning such a Product will be provided to the Consumer before the conclusion of the Sales Contract.

The Consumer shall be liable for any diminished value of the Product resulting from handling or use beyond what is necessary to establish the nature, characteristics and functioning of the Product. In the case of construction machinery, any use of the machine beyond its inspection and functional testing in a manner typical of a showroom or the Seller’s premises, in particular its use for construction work, earthworks or other operational purposes, may result in a reduction in its value for which the Consumer shall be liable.

The Consumer shall be liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product. In the case of construction machinery, any use of the machine beyond inspection and functional testing in a manner typical of a showroom or the Seller’s premises, in particular its use for construction work, earthworks or similar operations, will result in a significant reduction in its value, for which the Consumer will be financially liable.

7.6. The Consumer shall not have the right to withdraw from contracts:

a) for the supply of a non-prefabricated Product manufactured according to the Consumer’s specifications or intended to satisfy the Consumer’s individual needs (e.g. a machine specially modified or configured at the Consumer’s request);

b) for the supply of a Product which is liable to deteriorate or expire rapidly;

c) for the supply of a Product delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;

d) for the provision of services where the Seller has fully performed the service with the Consumer’s express consent and the Consumer was informed before performance began that they would lose the right of withdrawal once the service had been fully performed;

e) where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller’s control and which may occur before the withdrawal period expires;

f) concluded by way of a public auction;

g) for a Product not available in the Seller’s regular offer and obtained specifically at the Consumer’s request from outside the Seller’s regular stock.

7.7. The statutory right of withdrawal under the Polish Consumer Rights Act does not apply to a Customer who is an Entrepreneur, irrespective of how the contract was concluded (at a distance or on business premises).

VIII. Product Complaints

8.1. The Seller shall be liable for Product defects under the statutory warranty provisions of the Polish Civil Code (Articles 556 et seq.). The Seller’s statutory warranty liability covers physical and legal defects of the Product.

8.2. Complaints submitted by Consumers:

a) The Seller shall be liable to the Consumer if the Product has a physical or legal defect existing at the time when the risk passed to the Consumer or resulting from a cause inherent in the Product at that time.

b) A physical defect consists in the Product’s non-conformity with the contract. In particular, the Product is non-conforming if it was delivered to the Consumer incomplete; does not have the characteristics that a Product of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use; does not have the characteristics which the Seller assured the Consumer it possessed, including by presenting a sample or model; or is unsuitable for a purpose of which the Consumer informed the Seller when concluding the contract and to which the Seller did not object.

c) The Seller shall be liable under the statutory warranty if a physical defect is identified within two years of the date on which the Product was delivered to the Consumer. For used Products, statutory warranty liability towards the Consumer may be limited to one year from the date of delivery, provided that the Consumer is informed of this before conclusion of the contract.

d) If the Product is defective, the Consumer may submit a declaration requesting a price reduction or withdrawal from the contract unless the Seller promptly and without excessive inconvenience to the Consumer replaces the defective Product with a defect-free Product or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or if the Seller has failed to fulfil its obligation to replace the Product with a defect-free Product or remove the defect. Instead of the repair proposed by the Seller, the Consumer may request replacement of the Product with a defect-free Product, or instead of replacement may request repair, unless bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs compared with the method proposed by the Seller.

e) The Consumer may not withdraw from the contract if the defect is insignificant.

f) A Consumer exercising statutory warranty rights is obliged, at the Seller’s expense, to deliver the defective Product to a place specified by the Seller, where this is possible and reasonable given the Product’s dimensions and weight. If, due to the nature of the Product or the way in which it has been installed, delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the Product available to the Seller at the location where it is situated. Due to the specific nature of construction machinery, inspection and any warranty/statutory warranty repairs are often carried out at the location of the machine, subject to prior arrangement with the Seller. The costs of the service technician’s travel or transport of the machine to the Seller’s service facility under the statutory warranty shall be borne by the Seller, provided that the defect is confirmed and the claim is justified.

8.3. Complaints submitted by Entrepreneurs:

a) The Seller shall be liable under the statutory warranty for physical or legal defects of the Product in accordance with the Polish Civil Code.

b) Special rules for Entrepreneurs: an Entrepreneur loses their statutory warranty rights if they fail to inspect the Product at the time and in the manner customary for Products of this type and fail to notify the Seller of the defect without undue delay, or, where the defect becomes apparent only later, if they fail to notify the Seller without undue delay after discovering it (Article 563 of the Polish Civil Code).

c) The Seller’s statutory warranty liability towards an Entrepreneur is limited to one year from the date on which the Product is delivered, unless otherwise agreed in an individual contract. In B2B contracts, statutory warranty liability may also be limited or excluded to the extent permitted by law and expressly agreed in the Sales Contract.

d) An Entrepreneur’s statutory warranty rights include the right to request removal of the defect or replacement of the Product with a defect-free Product. A price reduction or withdrawal from the contract is possible only in the specific circumstances provided for by the Polish Civil Code, and withdrawal is not possible in the case of insignificant defects.

e) The provisions concerning the costs of transporting a defective Product under the statutory warranty (as set out in Section 8.2(f)) shall apply accordingly to Entrepreneurs unless otherwise agreed in an individual contract.

8.4. Complaint procedure for Consumers and Entrepreneurs:

a) A complaint should be submitted in writing or electronically to the Seller at: Full Maszyny Budowlane sp. z o.o., Bruszewska 20, 03-046 Warsaw, Poland, or by e-mail to full@full.com.pl.

b) It is recommended that a complaint include the Customer’s details, at least a description of the defect, the remedy requested in connection with the defect and contact details. Proof of purchase of the Product or a copy thereof (e.g. an invoice) should be attached.

c) The Seller shall consider the complaint as soon as reasonably possible. In the case of a Consumer, the Seller shall respond to the Consumer’s request for replacement of the Product, removal of the defect or a price reduction (where the request specifies a particular amount of the reduction) within 14 calendar days of receiving the complaint. If the Seller fails to respond within this period, the request shall be deemed justified.

d) The manner in which the complaint is resolved and any further action (repair, replacement, refund, etc.) shall be agreed with the Customer after the Seller has examined the defect.

IX. Alternative dispute resolution

9.1. In the event of a dispute with the Seller, the Consumer may use out-of-court complaint and redress procedures. The main methods of alternative dispute resolution include:

a) applying to the competent Provincial Inspector of the Trade Inspection Authority to initiate mediation or amicable proceedings before a permanent arbitration court;

b) seeking assistance from a district (municipal) consumer ombudsman;

c) using the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr/. This is an online platform for resolving disputes between consumers and businesses at EU level.

9.2. Information regarding alternative dispute resolution procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, Provincial Inspectorates of the Trade Inspection Authority and the Polish Office of Competition and Consumer Protection.

9.3. The Seller declares that it does not consent to participate in consumer alternative dispute resolution proceedings. In the absence of such consent, a Customer who is a Consumer may pursue claims exclusively through the courts.

9.4. This section applies exclusively to disputes involving Consumers. Disputes with Entrepreneurs shall be resolved by the court having jurisdiction over the Seller’s registered office (District Court for the Capital City of Warsaw in Warsaw).

X. Complaints concerning electronic services

10.1. The Seller takes measures to ensure the proper functioning of the Sales Platform.

10.2. The Customer may report irregularities in the operation of the Sales Platform in writing or electronically by e-mail to full@full.com.pl.

10.3. A complaint should include a description of the problem.

10.4. The Seller shall consider the complaint within 14 days.

XI. Final Provisions

11.1. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Polish Civil Code and, with respect to Consumers, the Polish Consumer Rights Act.

11.2. The Seller reserves the right to amend these Terms and Conditions. The Seller shall inform Customers of any amendments by publishing the amended Terms and Conditions on the Sales Platform website and by sending information about the changes to the Customer’s e-mail address (if the Customer has an account or has made an online purchase). Amendments shall enter into force on the date specified by the Seller, no earlier than 14 days after notification of the changes, unless generally applicable law requires a shorter period. Orders placed before the amendments enter into force shall be governed by the previous version of these Terms and Conditions.

11.3. If any provision of these Terms and Conditions is found to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.

11.4. Any disputes arising from a Sales Contract where the Customer is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s registered office (District Court for the Capital City of Warsaw in Warsaw).

11.5. Any disputes arising from a Sales Contract concluded with a Consumer shall be resolved by the competent ordinary courts in accordance with the provisions of the Polish Code of Civil Procedure.

11.6. These Terms and Conditions shall enter into force on 29 April 2025.