Terms and regulations
TERMS AND CONDITIONS OF THE WEBSITE PIWNEMOSTY.PL
§ 1. General provisions
- The www.piwnemosty.pl website is operated by Concept Stu Mostów sp. z o.o. based in Wrocław at ul. J. Długosza 2, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław VI Commercial Division of the National Court Register under the number 0000595788, NIP: 8952066499, REGON: 36348301700000, share capital: 5,000.00 zł.
- Concept Stu Mostów Sp. z o.o. has a mandatory:
Licence No I/A-17 418/V/18 for the sale of alcoholic beverages up to 4.5% alcoholic strength and beer for consumption outside the place of sale, from 16 July 2018 at the grocery store, ul. Długsza 2, 51-162 Wrocław, issued by the President of Wrocław for the period from 22 July 2018 to 21 July 2018 2022;
- Licence No I/B-17 418/V/20 for the sale of alcoholic beverages above 4,5% to 18% alcoholic strength (except beer) intended for consumption outside the place of sale, dated 16 July 2020 at the grocery store, ul. Długsza 2, 51-162 Wrocław, issued by the President of Wrocław for the period from 17 July 2020 until 16 July 2030.
- The place of conclusion of the sales contracts is the grocery store, ul. Długsza 2, 51-162 Wrocław, tel.: 531,786,116, e-mail address: email@example.com .
- Concept Stu Mostów sp. z o.o. is distributor of alcoholic beverages of the wholesaler Piwne Mosty sp. z o.o. with registered office in Wrocław, ul. Krucza 68/9, registered in the business register of the Regional Court of Wrocław – Factory VI. Economic Department of the KRS under No. 0000 836 282, VAT identification number: 8 992 878 418, REGON: 38 586 548 600 000, share capital: PLN 5,000,00. Piwne Mosty sp. z o.o. does not operate a website: www.piwnemosty.pl nor is it a party to any sales contract concluded through the website www.piwnemosty.pl.
§ 2. Definitions
- Seller – Concept Stu Mostów sp. z o.o. with registered office in Wroclaw, ul. J. Langesza 2, registered in the register of entrepreneurs of the KRS, which is administered by the District Court of Wroclaw-Fabryczna in Wroclaw VI. Economic Division of the KRS under the number 0 000 595 788, VAT identification number: 8 952 066 499, REGON: 36 348 301 700 000,
- Shop – Grocery store in Wroclaw (51-162) at Długosza 2, where the contract for the sale of goods is concluded,
- Goods – the product presented on the Website that is intended for sale in the store using the Website,
- Website – Internet service available at: www.piwnemosty.pl
- Contract of Sale of Goods – Contract by which the Seller undertakes to transfer ownership of the goods to the Buyer and to deliver the goods to the Buyer in the Shop and the Buyer undertakes to collect the goods from the Shop and to pay to the Seller the price which is made to the Buyer or his agent at the place of delivery in the Shop.
- Authorised representative – the person to whom the purchaser has authorised the purchaser to collect the goods from the store and/or to pay for the goods on his behalf; The courier who collects the goods in the store and/or pays for the goods on behalf of the purchaser shall also be deemed to be an authorised representative.
- Order – a declaration of intent of the User, which includes an offer aimed directly at the conclusion of the contract for the purchase of the goods, which is submitted as soon as the User clicks on the “Payable Order” button,
- Buyer – a natural person who is 18 years of age and a legal person or organizational unit without legal personality whose laws have recognised legal capacity, who has placed an order through the Website and the Seller has accepted their offer to conclude a contract for the sale of goods,
- User – any natural person who visits the Website,
§ 3. Rules of Procedure
The order of the online shop www.piwnemosty.pl, hereinafter referred to as “rules”, determines:
- The rules for registering and using the account on the website,
- the terms and conditions for the electronic reservation of the products presented on the website,
- the terms and conditions for placing orders electronically through the Website,
- Rules for the conclusion of contracts for the sale of goods
- Rules for the use of the online shop at: www.piwnemosty.pl, including matters relating to the use of promotions, discounts, loyalty programs or other services offered by the Seller, may be governed by separate terms and conditions.
- This ordinance is an ordinance for the provision of services by electronic means pursuant to Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
§ 4. Use of the website
- The Website is intended for users who are at least 18 years of age. Before accessing the Website, you confirm that you are at least 18 years old.
- The use of the website is only possible if the minimum technical requirements are met:
- Minimum screen resolution: 320 x 240 pixels;
- Access to the Internet network.
- It is forbidden for the user to:
- to interfere with the content published on the website without the express consent of the administrator,
- to use the Website in a way that interferes with its functioning.
§ 5. Procurement and conclusion of a contract for the sale of goods
- The contents presented on the website, in particular the descriptions of the goods, price lists, do not constitute an offer, but only an invitation to conclude a contract for the sale of the goods in accordance with Art. 71 of the Law of 23 April 1964 – Civil Code. The prices displayed on the website are expressed in Polish zloty and are gross amounts.
- The User places an order through the Website by completing the appropriate order form on the Website. The purchase contract is executed in the store, i.e. in the grocery store in Wroclaw (51-162) at ul. Langesza 2.
- The User may place an order as a registered user or as an unregistered user.
- In order to place an order, the User selects the goods in accordance with the notices and information displayed on the Website. The selection of the goods is made by placing them in the shopping cart.
- After the user has provided all the necessary data, a summary of the order is displayed, which contains information about:
- The goods ordered,
- Unit price and total price of goods ordered,
- delivery costs or other additional costs,
- the total amount to which the purchaser is obliged,
- the payment method chosen,
- the chosen type of delivery,
- estimated delivery time,
- delivery address,
- Data of the authorised representative.
- Until the User clicks on the “Payable Order” button, the User has the option to change the data entered and the selected goods and to cancel the order.
- The placing of the order by clicking on the “Payable Order” button represents the declaration of the user that he, as the purchaser, is the collection of the ordered goods by a person who has reached the age of 18 and a person who is not drunk, in accordance with Art. 15 para. 1 points 1 and 2 of the Act on sobriety education and combating alcoholism. (a) guaranteed; and that it does not intend to conclude a contract of sale for the purpose of resale of the goods.
- Immediately upon receipt of the order, the Seller shall confirm to the User the receipt of the order by sending an e-mail containing a final confirmation of all essential elements of the order.
- After submitting the order, the Seller shall confirm to the Buyer the acceptance of the order within one working day (offer to conclude a contract for the sale of goods).
- The Seller reserves the right to ask the User who placed the order or the Buyer to send a scan of his identity card or to give him the opportunity to check his age in another way.
- The contract for the sale of the goods shall be concluded on the date on which the Seller confirms acceptance of the order in accordance with paragraph 9. Ownership of the goods which are the subject of the sales contract shall pass to the purchaser as soon as the goods are handed over to the purchaser or agent in the store.
§ 6. Delivery of goods
- The Buyer is obliged to collect the ordered goods in the store, i.e. in the grocery store in Wroclaw at ul. Langesza 2 on working days from 09:00 to 20:00 o’clock in person or by an authorised representative. The goods are only handed over to a person over 18 years of age and to a sober person in accordance with Article 15 of the Act on sobriety education and combating alcoholism. The Seller is entitled to demand the presentation of a document indicating the age of the recipient.
- The document of authorization to receive the order should be presented by the authorised representative at the time of delivery of the goods, the Buyer may use the form provided by the Seller on the Website. The buyer’s choice of one of the courier companies indicated by the seller shall be deemed to be equivalent to the granting of a power of attorney; In this case, the agent is the courier accepting the order.
- Information on the possibility of collection of goods shall be sent to the purchaser at the e-mail address specified by him. The person who collects the goods is obliged to indicate the name of the purchaser or the order number, with the exception of the agent who is the courier who accepts the order. The period for the execution of the order, i.e. the period during which the Seller prepares the goods for delivery to the Buyer, is between 1 and 30 working days from the day on which the Buyer places the order. The delivery period referred to in the preceding sentence does not apply to the goods “on order” and the goods offered as “advance sale”, for which the completion period indicated on the page with the characteristics of the goods is binding. The Seller wishes to point out that in times of increased activity, especially in the pre-Christmas period, it is possible to extend the delivery period of the order.
- In the event of collection of the goods by the authorised representative in accordance with paragraph 2 sentence 2, the Seller shall immediately inform the Buyer of the handing over of the goods to the authorised representative at the e-mail address specified by the Buyer.
At the time of collection of the consignment – in the case of personal collection: in the presence of the Seller and in the case of collection by the authorised representative: at the time of handing over of the consignment by the authorised representative – the Buyer is obliged to check the packaging and its contents and its conformity with the order. If irregularities are detected, the buyer should immediately inform the seller of the irregularities and, if the goods are collected by an agent who is a courier, the buyer should draw up a damage report in accordance with the courier company’s procedures.
- At the time of collection of the consignment – in the case of personal collection: in the presence of the Seller and in the case of collection by the authorised representative: at the time of handing over of the consignment by the authorised representative – the Buyer is obliged to check the packaging and its contents and its conformity with the order. If irregularities are detected, the buyer should immediately inform the seller of the irregularities and, if the goods are collected by an agent who is a courier, the buyer should draw up a damage report in accordance with the courier company’s procedures.
§ 7. Prices and payment methods
- The prices of the goods are stated by the seller in Polish zloty (PLN) and are gross prices (including VAT). The price of the goods indicated by the Seller on the Website does not include the cost of delivery service.
- The purchaser may pay the price and costs for the delivery service:
- to the bank account number: PL56 1140 2075 0000 3439 9700 1007,
- via the electronic payment methods available in the system or via payment card on the website using the provider’s partner system;
- in cash or by credit card (only if picked up personally or by an authorised representative)
- Buyer shall pay the price of the goods together with the cost of delivery within 7 days from the date on which the Seller confirms acceptance of the order.
§ 8. Right of withdrawal from contract
- According to Article 27 of the Consumer Law Act, a consumer who has concluded a contract at a distance or off-premises may withdraw from the contract within 14 days without giving reasons and at no cost, unless:
- additional costs incurred by the seller in connection with the choice of the consumer for the delivery of the goods which are different from the seller’s cheapest usual method of delivery;
- the direct costs of the return shipment
- for services provided up to the date of withdrawal from the contract, calculated in proportion to the amount of the service provided in accordance with Article 35 of the Law on Consumer Rights.
- The withdrawal period referred to in paragraph 1 shall begin when the buyer or agent takes possession of the goods. In order to comply with the time limit for withdrawal from the contract, it is sufficient to send the declaration before its expiry.
- The Buyer shall exercise the right of withdrawal by declaring the withdrawal from the contract to the Seller (to the e-mail address firstname.lastname@example.org or in writing to Concept Stu Mostów sp. z o.o., ul. Długsza 2, 51-162 Wrocław); The Seller shall provide a sample of the declaration of withdrawal from the contract at the following address: https:// kielnemosty.pl/data/include/cms/Regulamin/Declaration_o_od_umowy.docx. The buyer must accompany the declaration of withdrawal from the contract with proof of purchase of the goods or otherwise prove the purchase from the seller.
- The right of withdrawal does not apply to contracts within the meaning of Article 38 of the Consumer Rights Act, in particular to contracts which:
- . where the object of performance is a fast perishable or short-lived thing;
- . an article supplied in sealed packaging which cannot be returned for health or hygiene reasons once the packaging has been opened if the packaging has been opened after delivery;
- the subject-matter of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract of sale and the delivery of which may not take place until 30 days have elapsed and the value of which depends on market fluctuations over which the trader has no control.
- The Buyer is obliged to return the goods to the Seller without delay, but at the latest within 14 days from the date on which he withdraws from the contract, or to hand them over to a person authorised by the Seller for collection, unless the Seller has offered to collect the goods himself. To meet the deadline, the return of the goods before the deadline has expired is sufficient.
- The Buyer shall bear the direct costs of returning the goods to the address of the shop, i.e. Concept Stu Mostów sp. z o.o., ul. Długsza 2, 51-162 Wrocław.
- In the event of a valid withdrawal from the contract, the Seller shall reimburse the Buyer for all costs incurred by him, in particular the price paid, subject to paragraph 1 above. The return referred to in the preceding sentence shall take place immediately, but at the latest within 14 days after receipt of the buyer’s declaration of withdrawal from the contract, however. The Seller is entitled to withhold the return until the Buyer has returned the goods and checked their condition.
- The reimbursement of costs incurred by the purchaser in accordance with paragraph 7 shall be made using the manner in which the purchaser has paid for the goods.
- Prior to withdrawing from the contract, the purchaser should not use the goods in a way that diminishes their value, or in any other way than is necessary to ascertain the nature, characteristics and functioning of the goods. If the Seller establishes that the Buyer has used the goods in a manner contrary to the preceding sentence, the Seller shall be entitled to offset an appropriate amount from the refund paid by the Buyer. The right of withdrawal expires when the purchaser opens the goods, which are alcoholic beverages or other foodstuffs.
- The purchaser who has concluded the contract in the course of his business activities (the purchaser who is an entrepreneur) shall not be entitled to withdraw from the contract unless it is apparent from the contract that he is not of a professional nature for the purchaser, arising in particular from the subject matter of the business activities carried out by the purchaser which, in accordance with the provisions on central accounting and information on the business activity is made available.
§ 9. Guarantees
- The purchaser is entitled to lodge a complaint if he finds that the goods sold do not conform to the contract.
- Complaints should be submitted via the e-mail address: email@example.com or in writing to: Concept Stu Mostów sp. z o.o., ul. Długsza 2, 51-162 Wrocław.
- The Seller shall examine the complaint and give the Buyer a reply to the complaint within 14 days of notification of the complaint to the Seller. The reply to the complaint will be submitted in the same way as the buyer to submit the complaint.
- The seller is not a manufacturer of goods. The manufacturer is liable for the warranty of the sold goods under the conditions and for the duration specified in the warranty certificate. If the goods are delivered with a guarantee document and the guarantee document provides for this, the purchaser may assert his warranty claims directly with an authorised body whose address is indicated on the guarantee card.
- The User or the Buyer may submit complaints concerning the services provided by the Seller electronically to the e-mail address: firstname.lastname@example.org or via the contact form, describing the nature and date of occurrence of the irregularity in connection with the operation of the Website. Paragraph 3 shall apply accordingly
§ 10. Out-of-court dispute resolution
- The body responsible for out-of-court settlement of consumer disputes shall be the State Trade Inspectorate. Proceedings shall be initiated at the request of the consumer or trader to the trader’s voivodeship inspector responsible for the place of establishment. The procedures referred to in the preceding sentences are governed by the Act on the Out-of-Court Settlement of Consumer Disputes and Articles 36 et seq. Trade Inspection Act.
- In the event of a dispute with the Seller, the Buyer, who is a consumer, is entitled to receive free work and legal advice for the protection of consumer interests from the consumer representative of the district (city). The duties of the district (city) Consumer Commissioner include, in particular, the representation of traders in matters relating to the protection of consumers' rights and interests, the bringing of complaints on behalf of consumers and the participation in ongoing proceedings for the protection of consumers' interests with the consent of consumers.
- Consumers may also lodge their complaint via the EU online platform at http://ec.europa.eu/consumers/odr/.
§ 11. Registration and newsletter
- Users can register their account on the Website by entering their e-mail address and selecting a login and password (registered user). The Registered User may also provide other information, including name and address. The registered user is solely responsible for the accuracy of the data provided and for the liability arising from the disclosure of his/her login and password to third parties. The registered user may at any time request the Administrator to delete his account, but this does not affect the lawfulness of the processing by the Administrator of the personal data processed prior to the request for deletion of the account.
- The User may subscribe to a newsletter consisting of sending information and marketing communications (commercial information) of the Seller or the Provider and its business partners to the e-mail address provided by the User. You can order the newsletter service by filling out the form and providing your e-mail address. The newsletter service is voluntary and free of charge. You can unsubscribe from the newsletter at any time by clicking on the corresponding link in the footer of the e-mail you send as part of the newsletter service.
§ 12. Protection of personal data
- The administrator of the personal data of users and buyers is: Concept Stu Mostów sp. z o.o., ul. Długsza 2, 51-162 Wrocław.
- The personal data of Users and Buyers shall be processed by the Administrator in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and the Law of 10 May 2018 on the protection of personal data.
§ 13. Final provisions
- Disputes between the User/Buyer and the Seller shall be decided by the parties at the competent court for the Seller’s place of business.
- In cases of doubt, the Rules of Procedure should be interpreted in such a way as to comply with binding legal provisions.
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