Terms and Conditions of Sale
Rules for using the website, ordering, payment, delivery and liability
1. General provisions
1.1 These Terms and Conditions of Sale (the "Terms") govern the use of the website www.electroquell.de (the "Website") and all sales of goods and related services by Wensday Invest Sp. z o.o., trading as ElectroQuell (the "Seller", "we", "us"), whether the order is placed through the online shop or on the basis of a quotation.
1.2 The Terms are available free of charge on the Website in a form that allows them to be downloaded, saved and printed. By placing an order you confirm that you have read and accepted the Terms.
1.3 Where a written contract, framework agreement or signed quotation exists between the Seller and a Business Customer, that document prevails over these Terms to the extent of any conflict.
1.4 Nothing in these Terms excludes or limits rights that Consumers have under mandatory law. If any provision would be less favourable to a Consumer than the applicable statutory provision, the statutory provision applies instead.
2. Definitions
- Seller – Wensday Invest Sp. z o.o. (trading as ElectroQuell), identified in section 3.
- Customer – any natural person, legal person or organisational unit placing an order with the Seller.
- Consumer – a natural person who enters into a contract with the Seller for purposes not directly related to their trade, business, craft or profession (Article 22(1) of the Polish Civil Code).
- Sole Trader treated as a Consumer – a natural person running a business who enters into a contract directly related to that business where the contract is not of a professional character for that person, having regard in particular to the scope of their registered business activity (Article 7aa of the Act on Consumer Rights). Provisions of these Terms addressed to Consumers apply to them as well.
- Business Customer – any Customer who is not a Consumer or a Sole Trader treated as a Consumer.
- Goods – diesel, petrol and gas generating sets, engines, control systems, trailers, canopies, fuel systems, spare parts, consumables and accessories offered by the Seller.
- Custom Goods – Goods that are non-prefabricated, manufactured or configured according to the Customer's specification, or clearly adapted to the Customer's individual needs, including generating sets built to order in a selected power rating, voltage, frequency, engine, controller, canopy, tank, trailer, colour or other option.
- Online Order – an order placed through the shopping cart and checkout of the Website.
- Quotation Order – an order placed by accepting a written quotation or pro-forma invoice issued by the Seller.
- Contract – the contract of sale (and, where applicable, of services such as delivery, installation or commissioning) concluded between the Seller and the Customer.
- Working Day – Monday to Friday excluding public holidays in Poland.
3. Seller identification and contact
Wensday Invest Sp. z o.o.
Trading as: ElectroQuell
Registered address: ul. Święty Marcin 29/8, 61-806 Poznań, Poland
NIP / EU VAT ID: PL 7831870813 · REGON: 523967958
Registration: National Court Register (KRS) no. 0001008813, District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital PLN 5,000
Represented by: Karol Półtorak, President of the Management Board
E-mail: info@electroquell.de · Telephone: +49 176 82370794
Website: www.electroquell.de
Customer service: Monday to Friday, 08:00 to 16:00 CET. Complaints, withdrawal notices and warranty claims may be sent to info@electroquell.de or to the registered address. The Seller communicates with Customers in English, German and Polish.
4. Using the Website
4.1 The Seller provides the following services by electronic means free of charge: browsing product information, using the enquiry and quotation forms, placing Online Orders, optionally creating a customer account, and receiving a newsletter if you subscribe to it.
4.2 Technical requirements: a device with internet access, a current version of a common web browser with JavaScript and cookies enabled, and an active e-mail account. Placing an Online Order requires accepting these Terms.
4.3 You may not use the Website to post or transmit unlawful content, interfere with its operation, or use automated means to extract data. The Seller may suspend access in the event of misuse.
4.4 A customer account can be closed at any time by e-mail to info@electroquell.de. Complaints about the operation of the Website may be submitted to the same address and will be answered within 14 days.
4.5 Product descriptions, drawings and photographs are for information. Technical data sheets and the quotation prevail over general marketing material. Minor deviations in appearance that do not affect function do not constitute a defect.
5. Prices and price reductions
5.1 Prices on the Website are shown in EUR or PLN, as selected by the Customer; the currency selected at checkout is the currency of the Contract. For Consumers, prices are shown as gross prices including Polish VAT at the applicable rate; for Business Customers, net prices excluding VAT are shown where indicated. Delivery costs are not included in product prices and are shown separately before the order is placed (see the Shipping and Delivery Policy). VAT treatment of intra-EU and export sales to Business Customers follows applicable tax law and requires a valid EU VAT identification number or export evidence.
5.2 Where a price reduction is announced, the Seller also displays the lowest price at which the product was offered during the 30 days before the reduction, as required by Article 4(2) of the Polish Act on Informing about Prices of Goods and Services.
5.3 Quotation prices are valid for the period stated in the quotation (by default 30 days). Prices for Custom Goods may be adjusted before acceptance of the order if engine or component prices change materially; any adjustment will be communicated for acceptance before the Contract is concluded.
5.4 If a price on the Website is obviously wrong (for example a misplaced decimal point) the Seller will inform the Customer before dispatch and the Customer may confirm the order at the correct price or cancel it free of charge.
6. Placing an order and concluding the Contract
6.1 Online Orders
- Add the Goods to the cart, select delivery and payment method, and enter your billing and delivery details.
- Review the order summary, which shows the Goods, unit prices, delivery cost, taxes and the total amount payable.
- For Custom Goods, confirm the selected configuration and acknowledge that the right of withdrawal does not apply (Consumers).
- Accept these Terms and the Privacy Policy, then click the button labelled "Order with obligation to pay" (or equivalent). Clicking this button constitutes a binding offer to buy.
- You will receive an automatic e-mail acknowledging receipt of your order. This acknowledgement is not yet an acceptance.
- The Contract is concluded when the Seller sends an order confirmation by e-mail (normally within 2 Working Days), or when the Goods are dispatched, whichever occurs first. For Custom Goods, the order confirmation includes the agreed technical specification.
The Seller may decline an order, in particular if the Goods are unavailable, if payment authorisation fails, if the delivery address is outside the served area, or if there are reasonable grounds to suspect fraud. Any payment already made will then be refunded without delay.
6.2 Quotation Orders
For larger, project-specific or configured generating sets the Seller issues a written quotation. The Contract is concluded when the Customer accepts the quotation in writing (including by e-mail), signs the order confirmation, or pays the pro-forma invoice issued with the quotation, whichever occurs first. The quotation, its technical specification and these Terms together form the Contract.
6.3 Contract language and storage
Contracts are concluded in English, German or Polish, depending on the language in which the order was placed. The Seller stores the content of the Contract and makes it available to the Customer by sending the order confirmation and these Terms by e-mail. Customers are advised to keep these documents.
7. Payment
7.1 Available payment methods: bank transfer (SEPA or SWIFT), PayPal, and payment card through the Seller's payment service provider. For Quotation Orders the payment terms are those stated in the quotation. Business Customers with an approved credit account may pay by invoice with the payment term stated on the invoice.
7.2 The Seller does not charge any fee for the use of a particular payment method. The price shown in the order summary is the total amount payable, including VAT where applicable and the delivery cost selected.
7.3 Goods are dispatched after receipt of full payment unless invoice terms have been agreed. The Seller retains title to the Goods sold to Business Customers until all amounts due under the Contract have been paid in full. The Seller may charge statutory interest for late payment by Business Customers and, where applicable, the fixed recovery costs provided for in the Act on Counteracting Excessive Delays in Commercial Transactions.
7.4 Invoices are issued electronically in PDF format and sent to the e-mail address provided with the order; by accepting these Terms the Customer agrees to receive electronic invoices.
8. Delivery
8.1 Delivery methods, areas, costs and lead times are described in the Shipping and Delivery Policy, which forms part of these Terms. Indicative lead times shown on the Website are counted from receipt of payment or, for Custom Goods, from confirmation of the technical specification and receipt of the payment stated in the quotation.
8.2 For Consumers, the risk of accidental loss of or damage to the Goods passes on delivery to the Consumer or a third party named by the Consumer other than the carrier. If the Consumer independently selects a carrier not offered by the Seller, risk passes on handover to that carrier.
8.3 For Business Customers, unless the quotation states otherwise, delivery is EXW Seller's premises (Incoterms 2020); risk passes when the Goods are made available for loading, and the Seller may arrange transport on the Customer's behalf and at the Customer's cost.
8.4 The Customer must ensure that the delivery address is accessible for the type of vehicle used and that suitable unloading equipment and personnel are available where the Goods are delivered kerbside. Waiting time, failed deliveries and re-deliveries caused by the Customer may be charged at cost.
8.5 Business Customers must inspect the Goods on delivery and note any visible damage or shortage on the carrier's document, notifying the Seller within 3 Working Days. Consumers are asked to do the same to help preserve claims against the carrier; failure to do so does not limit their statutory rights.
9. Right of withdrawal (Consumers and Sole Traders treated as Consumers)
9.1 Consumers have the right to withdraw from a distance Contract within 14 days without giving any reason, in accordance with the Act on Consumer Rights. The full procedure, the return costs and the model withdrawal form are set out in the Return and Refund Policy, which forms part of these Terms.
9.2 The right of withdrawal does not apply to Contracts for Custom Goods (Article 38(1)(3) of the Act on Consumer Rights), to sealed consumables opened after delivery, or to services fully performed with the Consumer's express prior consent and acknowledgement of the loss of the right of withdrawal. The Seller informs the Consumer of this before the order is placed.
9.3 If the Consumer requests that delivery, installation or commissioning services begin before the end of the withdrawal period and then withdraws, the Consumer pays a proportionate amount for what has been performed up to the time of withdrawal.
10. Order changes and cancellation of Custom Goods
10.1 Changes to the specification of Custom Goods after the order confirmation require the Seller's written agreement and may affect price and lead time.
10.2 If a Business Customer cancels an order for Custom Goods after the Contract is concluded, the Seller may charge a cancellation fee covering work performed, components ordered that cannot be returned to suppliers or reused, and other costs incurred, up to the full Contract price where the Goods are completed or near completion. The Seller will document these costs on request.
11. Non-conformity of Goods and complaints (statutory rights)
11.1 Consumers. The Seller is liable to Consumers for lack of conformity of the Goods with the Contract under Chapter 5a of the Act on Consumer Rights. The Seller is liable for a lack of conformity that exists at the time of delivery and becomes apparent within 2 years from delivery. Consumers may request repair or replacement and, where the conditions of the Act are met, a price reduction or withdrawal from the Contract. The Seller responds to complaints within 14 days of receipt; if it does not respond within that time, the complaint is deemed accepted. Details and the complaint form are in the Warranty and Complaints Policy.
11.2 Business Customers. The Seller's statutory liability for defects (rękojmia) under Articles 556 to 576 of the Polish Civil Code towards Business Customers is excluded pursuant to Article 558(1) of the Civil Code. In its place the Seller grants the commercial warranty described in section 12, which constitutes the Business Customer's sole remedy for defects, except in cases of wilful misconduct or where mandatory law provides otherwise.
12. Commercial warranty
12.1 The Seller grants a commercial warranty on generating sets of its own production of 12 months or 1,000 operating hours, whichever occurs first, counted from the date of delivery. An extended warranty is available at a price quoted on request. Engines, alternators and controllers supplied by third-party manufacturers (for example Perkins, Hyundai, IVECO, Yuchai, Mitsubishi) may additionally be covered by the manufacturer's own warranty, the terms of which are provided with the Goods.
12.2 Warranty service is performed by the Seller. Commissioning by the Seller is not required to maintain the warranty when the Customer installs the Goods in accordance with the operating manual; installation and commissioning by the Seller are available as optional services. The scope, exclusions and claims procedure are set out in the Warranty and Complaints Policy. The commercial warranty does not exclude, limit or suspend the statutory rights of Consumers described in section 11.
13. Out-of-court complaint and redress mechanisms
13.1 A Consumer who is not satisfied with the outcome of a complaint may use out-of-court dispute resolution. In Poland, the following options are available free of charge or at low cost:
- mediation or conciliation before the competent Voivodeship Inspector of the Trade Inspection (Wojewódzki Inspektor Inspekcji Handlowej), under Article 36 of the Act on the Trade Inspection;
- a permanent consumer arbitration court (stały sąd polubowny) operating at the Trade Inspection, under Article 37 of the same Act;
- free assistance from a municipal or district consumer ombudsman (miejski / powiatowy rzecznik konsumentów) or from a consumer organisation such as the Federacja Konsumentów;
- information and guidance from the Office of Competition and Consumer Protection (UOKiK) at www.uokik.gov.pl and the consumer helpline 801 440 220 / 22 290 89 16.
13.2 Consumers resident in another EU or EEA country may also contact the European Consumer Centre in their country (ECC-Net, www.eccnet.eu) for free assistance with cross-border complaints.
13.3 The European Commission's online dispute resolution (ODR) platform was discontinued in 2025 and is no longer available. In accordance with Article 31 of the Polish Act on Out-of-Court Resolution of Consumer Disputes, the Seller informs that it does not undertake in advance to participate in out-of-court consumer dispute resolution proceedings; the Seller decides on participation in each individual case after a complaint procedure has ended without agreement. The competent body, should the Seller agree, is the Voivodeship Inspector of the Trade Inspection in Poznań (Wojewódzki Inspektorat Inspekcji Handlowej w Poznaniu, al. Marcinkowskiego 3, 60-967 Poznań, www.poznan.wiih.gov.pl).
14. Liability
14.1 Towards Consumers the Seller is liable in accordance with generally applicable law; nothing in these Terms limits liability for death, personal injury, wilful misconduct or gross negligence, or any liability that cannot be limited by law.
14.2 Towards Business Customers, the Seller's total liability under or in connection with a Contract is limited to the net price paid for the Goods concerned, and the Seller is not liable for loss of profit, loss of production, cost of substitute power, or other indirect or consequential loss, except in cases of wilful misconduct or gross negligence.
14.3 The Customer is responsible for ensuring that the Goods are installed, earthed, fuelled, operated and maintained in accordance with the operating manual and applicable regulations (including electrical connection, emissions and noise rules at the place of use), and for obtaining any permits required.
15. Personal data and cookies
The Seller processes personal data as controller in accordance with the GDPR and Polish law. Details of the purposes, legal bases, retention and your rights are in the Privacy Policy; the use of cookies and similar technologies is described in the Cookie Policy. Both are available on the Website.
16. Governing law and jurisdiction
16.1 These Terms and all Contracts are governed by the law of the Republic of Poland. For Consumers, this choice of law does not deprive them of the protection afforded by provisions that cannot be derogated from under the law of the country of their habitual residence (Article 6(2) of Regulation (EC) No 593/2008, Rome I).
16.2 Disputes with Consumers are subject to the jurisdiction of the courts competent under generally applicable law. Disputes with Business Customers are subject to the exclusive jurisdiction of the Polish common court having jurisdiction over the Seller's registered office.
16.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded for Contracts with Business Customers.
17. Amendments and final provisions
17.1 The Seller may amend these Terms for important reasons such as changes in law, changes in payment or delivery methods, or changes to the Website's functionality. Amendments do not affect Contracts concluded before the amendment enters into force. Registered account holders will be notified by e-mail at least 14 days before amended Terms take effect and may close their account if they do not accept them.
17.2 If any provision of these Terms is held invalid, the remaining provisions remain in force and the invalid provision is replaced by the applicable statutory provision.
17.3 The following documents form an integral part of these Terms: Return and Refund Policy, Shipping and Delivery Policy, Warranty and Complaints Policy, Privacy Policy and Cookie Policy.
17.4 These Terms take effect on 12 September 2026.