Terms & Conditions

Article 1. Definitions

In these General Terms and Conditions, the following terms are defined as follows, whether used in the plural or in the singular, unless the context or the provisions in question indicate otherwise.

1. IVM Firma Handlowa:IVM Firma Handlowa Sp. z o.o. — the Seller, located at al. Tadeusza Kościuszki 101, 90-441 Łódź, Poland. Registered in the District Court for Łódź-Śródmieście, XX Business Division of the National Court Register under KRS number 0001012820, REGON: 524152371, NIP: 7272865829, with a share capital of PLN 5,000.
2. Contact information of the Seller: email: contact@flavourwhip.com .
3. Buyer: any natural or legal person who has entered into or wishes to enter into an agreement with IVM Firma Handlowa.
4. Consumer: a Buyer as defined above who is a natural person and not acting professionally or commercially.
5. Parties: IVM Firma Handlowa and the Buyer together.
6. Agreement: any agreement between IVM Firma Handlowa and the Buyer in which IVM Firma Handlowa undertakes to sell and deliver products to the Buyer.
7. Products: all items that IVM Firma Handlowa is to supply to the Buyer under the Agreement, including but not limited to cream chargers, whipped cream dispensers, and relevant accessories.
8. Written: in addition to traditional written communication, communication by email, WhatsApp or any other means of communication that can be considered equivalent due to technical progress and generally accepted practice.

Article 2. Basic Provisions

1. These General Terms and Conditions apply to every offer from IVM Firma Handlowa and every contract concluded between IVM Firma Handlowa and the Buyer.
2. The application of purchase or other general terms and conditions of the Buyer is expressly rejected.
3. Deviations from these General Terms and Conditions are only permitted expressly and in writing. Insofar as the provisions expressly agreed in writing by the Parties deviate from these General Terms and Conditions, the provisions expressly agreed in writing shall apply.
4. The invalidity or ineffectiveness of one or more provisions of these General Terms and Conditions or of the Agreement as a whole does not affect the validity of the remaining provisions. In such a case, the Parties are obliged to find a replacement regulation for the affected clause together, whereby the original purpose of the regulation should be taken into account as far as possible.

Article 3. Offers and Conclusions

1. All verbal or written offers from IVM Firma Handlowa are non-binding, even if they contain an acceptance period. IVM Firma Handlowa can withdraw its offer until immediately after acceptance by the Buyer.
2. The Buyer cannot derive any rights from an offer from IVM Firma Handlowa that contains obvious mistakes or errors.
3. Notwithstanding the provisions of paragraph 1, all contracts are formed by offer and acceptance. If the Buyer's acceptance deviates from IVM Firma Handlowa's offer, the contract does not come about in accordance with this deviating acceptance, unless IVM Firma Handlowa expressly states otherwise.
4. A composite offer does not oblige IVM Firma Handlowa to execute part of the offer at a corresponding part of the stated price.
5. If the Buyer concludes the contract (also) on behalf of another natural or legal person, they declare by concluding the contract that they are entitled to do so. In addition to this (legal) person, the Buyer is jointly and severally liable for the fulfilment of the obligations resulting from this contract.

Article 4. Product Delivery

1. Delivery Place and Method: The delivery of the products will occur at the location and in the manner expressly agreed upon. The delivery address indicated by the Buyer will be used for delivery. If no delivery address is provided, the billing address will be considered the delivery address.
2. Partial Deliveries: IVM Firma Handlowa reserves the right to fulfil orders in partial deliveries.
3. Risk Transfer: The risk of loss and damage to the products passes to the Buyer at the moment the products are delivered in accordance with the contract.
4. Maximum Delivery Time: The maximum delivery time for products is three weeks from the date of the order. If this delivery time is exceeded, the Buyer retains the right to receive the products without prejudicing the terms regarding delay as outlined in Article 5.2. However, exceeding the delivery time does not entitle the Buyer to refuse acceptance of the products or to withhold payment of the amounts due under the contract.
5. Non-Delivery Due to Buyer's Circumstance:If delivery cannot be completed due to a circumstance attributable to the Buyer, IVM Firma Handlowa has the right to store the products at the Buyer's expense and risk. This is without prejudice to the Buyer's obligation to pay the contractually owed amounts. The Buyer will also bear any additional costs incurred due to non-acceptance of the products, such as extra freight or delivery costs.
6. Risk Transfer to Consumer: For consumers, the risk of loss and damage to the products transfers only at the moment the products are received by or on behalf of the consumer.
7. Ownership of Delivered Products: Upon delivery, the ownership of the products passes to the Buyer.

Article 5. Terms of Delivery

1. All delivery times specified by IVM Firma Handlowa are indicative and non-binding. Compliance with these deadlines can depend on various factors, such as the Buyer or third parties. If IVM Firma Handlowa is unable to meet the delivery deadline due to force majeure in accordance with Article 7, the obligations will be suspended for the duration of the force majeure.
2. In the event of non-performance by IVM Firma Handlowa due to circumstances for which IVM Firma Handlowa is responsible, IVM Firma Handlowa will only be in default if the Buyer has given IVM Firma Handlowa written notice of default, setting a reasonable deadline for performance, and IVM Firma Handlowa still has not fulfilled its obligations after this deadline has expired.
3. In cases of non-performance by IVM Firma Handlowa due to circumstances for which IVM Firma Handlowa is responsible, the Buyer has the right to dissolve the Agreement for the affected part, but is not entitled to additional compensation.

Article 6. Inquiry, Complaints and Warranty

1. FlavourWhip cares about the satisfaction of our Buyers, including immediate response to all doubts and complaints. If the Buyer wishes to submit a complaint regarding a product or our service, they may do so by contacting us at contact@flavourwhip.com. We strive to respond to all complaints within 48 hours and resolve them quickly and effectively. The Buyer will be informed about the result of the complaint and possible further actions.
2. The Seller is liable to the Consumer if the sold item has a defect (warranty). The right referred to above also applies to a natural person concluding a contract directly related to their business activity, if the content of this contract shows that it does not have a professional character for this person.
3. IVM Firma Handlowa guarantees that the products comply with the contract at the time of delivery. Any further warranty is excluded, unless statutory rights and claims of the Consumer are affected.
4. The Buyer must check at the time of delivery that the products comply with the contract. In the event of a mismatch, IVM Firma Handlowa must be notified immediately.
5. IVM Firma Handlowa is not obliged to respond to complaints from the Buyer if they are not made in a timely manner or in accordance with the provisions of the previous paragraph.
6. The statutory complaint period for Consumers remains unaffected by the provisions of paragraphs 2 and 3.
7. Even in the event of a timely complaint, the Buyer's obligation to pay remains in force, considering the statutory rights of the Consumer.
8. Claims by the Buyer based on defects that can be attributed to external causes or other circumstances for which IVM Firma Handlowa is not responsible are excluded.
9. Products can only be returned with the prior written consent of IVM Firma Handlowa.

Article 7. Suspension and Dissolution

1. IVM Firma Handlowa has the right to suspend the performance of the contract or to dissolve the contract in whole or in part if the Buyer fails to meet their obligations or circumstances become known that give reason to fear that the Buyer will not meet their obligations.
2. IVM Firma Handlowa has the right to terminate the contract with immediate effect if the Buyer liquidates their business, transfers it to a third party, is in bankruptcy, has applied for a (temporary) suspension of payments, is involved in legal debt restructuring proceedings, or in cases where the Buyer cannot otherwise freely dispose of their property, unless the Buyer has already provided sufficient security for the amounts owed.
3. The Buyer is obliged to compensate IVM Firma Handlowa for the damage it incurs as a result of the suspension or termination of the contract.
4. If IVM Firma Handlowa dissolves the contract, all claims that IVM Firma Handlowa may still have against the Buyer will become due immediately.

Article 8. Prices, Costs and Payments

1. Accepted Payment Methods:IVM Firma Handlowa accepts payments via PayU, including credit and debit cards (Visa, Mastercard), BLIK, bank transfers, and other methods supported by PayU. PayU SA, with its registered office in Poznań, Poland, is the payment service provider.
2. Delivery Costs: The cost of delivery varies depending on the destination and shipping method selected. Delivery costs will be clearly communicated to the Buyer during the checkout process, before the completion of the order. Orders over EUR 150 qualify for free shipping.
3. Unless expressly agreed otherwise in writing, all prices quoted by IVM Firma Handlowa are inclusive of VAT. Any additional costs are stated before the contract is concluded.
4. IVM Firma Handlowa is entitled to demand full or partial advance payment of the agreed price and costs, with the proviso that in the case of a consumer purchase, IVM Firma Handlowa does not oblige the Consumer to pay more than 50% of the purchase price in advance. Payment at the time of delivery is not considered an advance payment.
5. As long as the Buyer is in arrears with the payment to IVM Firma Handlowa and the payment is already due, IVM Firma Handlowa is not obliged to (further) fulfil the contract.
6. Payments are to be made in the manner specified by IVM Firma Handlowa, within the period specified or announced by IVM Firma Handlowa.
7. IVM Firma Handlowa has the right to provide the Buyer with the invoice by email only.
8. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred in order to receive the amounts owed by the Buyer to IVM Firma Handlowa are borne by the Buyer.

Article 9. Refunds

1. All Buyers, including consumers and entrepreneurs making purchases for purposes not related to their professional or commercial activities, have the right to withdraw from their contract within 14 days without giving any reason, pursuant to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended). The withdrawal period will expire 14 days after the day on which the Buyer, or a third party other than the carrier and indicated by the Buyer, acquires physical possession of the goods.
2. To exercise the right of withdrawal, the Buyer must inform us of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). See our Right of Withdrawal page for the model withdrawal form and full details.
3. The aforementioned right applies exclusively to those who purchase the product via the FlavourWhip website (flavourwhip.com).

Article 10. Shipping Costs on Withdrawal

1. In the event of withdrawal from the contract, the Buyer will bear the direct cost of returning the goods unless otherwise specified. If the returned product is diminished in value resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods, the Buyer may be liable for this diminished value.

Article 11. Liability and Damages

1. IVM Firma Handlowa assumes no liability for damage caused by inaccuracies or incompleteness of the data provided by the Buyer, for other breaches of legal or contractual obligations by the Buyer, or for other circumstances for which IVM Firma Handlowa cannot be held responsible.
2. The Buyer is responsible and liable for the way in which the products are used by the Buyer or by a third party whom they allow to use the products. The products must be used in accordance with the enclosed instructions and their intended culinary purpose (food-grade N2O for whipped cream preparation). The Buyer releases IVM Firma Handlowa from all claims and claims of third parties that arise in connection with improper use of the products supplied by IVM Firma Handlowa.
3. Except in the case of wilful misconduct or gross negligence on the part of IVM Firma Handlowa and with the exception of the provisions in Article 6.1, IVM Firma Handlowa is not liable for defects in the products or for the use of the products by the Buyer or third parties.
4. IVM Firma Handlowa is not liable for indirect damage, including personal injury, losses incurred, lost profits and damage due to business interruptions.
5. Insofar as IVM Firma Handlowa is liable for damage despite the provisions in these General Terms and Conditions, IVM Firma Handlowa always has the right to remedy this damage. The Buyer must give IVM Firma Handlowa the opportunity to do this, otherwise IVM Firma Handlowa will not be liable in this regard.
6. IVM Firma Handlowa's liability is limited to a maximum of the invoice value of the contract, at least to that part of the contract to which IVM Firma Handlowa's liability relates.
7. The limitation period for all legal claims and objections against IVM Firma Handlowa is one year. Contrary to the previous sentence, claims and defences to which the Consumer is entitled based on facts justifying the allegation that a consumer purchase is not in accordance with the contract shall lapse after two years.
8. The Buyer and in particular the reseller of the products indemnifies IVM Firma Handlowa from all third-party claims that suffer damage in connection with the execution of the contract and the cause of which can be attributed to others than IVM Firma Handlowa. Should IVM Firma Handlowa be sued by third parties for this reason, the Buyer must support IVM Firma Handlowa in and out of court and immediately do everything that can reasonably be expected in this context.
9. In the case of a consumer purchase, the restrictions in this article do not go beyond what is permitted under article 7:24 paragraph 2 of the Polish Civil Code.

Article 12. Special Obligation for Reseller

1. Reseller Responsibilities: The Buyer, when acting as a reseller of the products, must fulfil all legal obligations towards end customers. This includes ensuring that products are not misused or supplied to anyone under the age of 18 years or to those intending to misuse the products.
2. Confirmation of Legal Age and Authority: The reseller confirms they are over the age of 18 years and are authorised to act on behalf of the stated company or trade.
3. Resale Conditions:Reselling to customers is done at the reseller's own expense and risk. Resellers must provide clear signage, labelling, and information with the goods, indicating legitimate uses and explicitly discouraging misuse.
4. Due Diligence in Reselling: Resellers have an obligation to perform due diligence, ensuring all precautions are taken for public and end-user safety. This includes age verification and diligent assessment to prevent misuse of the products.
5. Compliance with Regulations: Resellers must regularly ensure compliance with local regulations and seek legal advice as necessary.
6. Monitoring and Precautionary Measures: Resellers are responsible for monitoring their customers to ensure they are over 18 years old and intend to use the products for legitimate culinary purposes.
7. Legal Use Acknowledgment: The reseller agrees to use and distribute the products strictly for lawful purposes, adhering to all applicable laws and government guidance.
8. Consequences of Misuse: If the reseller is found misusing the goods or reselling them for misuse, their business relationship will be terminated, and they may be blacklisted, preventing future contracts with the supplier. Information may also be shared with law enforcement if deemed necessary for public protection.
9. Agreement to Terms and Misuse Policy: By providing their details, the reseller agrees to all the above statements and commits to abide by these terms and the misuse policy provided.

Article 13. Modification of the Terms

1. IVM Firma Handlowa has the right to change or adapt the General Terms and Conditions in whole or in part at any time.
2. If IVM Firma Handlowa changes its General Terms and Conditions in whole or in part, the changed conditions are deemed to have been accepted if the customer has not objected to the changed conditions within 14 days after the changed conditions have been sent to them or have become known to them.
3. If the customer demonstrates within the period specified in paragraph 2 of this article that they do not agree with the changes, IVM Firma Handlowa has the right to terminate the contract immediately.

Choice of Law and Jurisdiction

1. Polish law applies exclusively to the contract concluded by IVM Firma Handlowa with the Buyer and to all disputes arising from this contract or these General Terms and Conditions and everything connected with them.
2. Disputes about this contract, these General Terms and Conditions or about any matter arising out of this contract or these General Terms and Conditions will exclusively be submitted to the competent court in Poland. In the case of a consumer purchase, however, the Consumer can also appeal to the court at their place of residence, provided that this is permitted by mandatory legal provisions.

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/odr.