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REGULATIONS OF THE WEBSITE PIWNEMOSTY.PL
§ 1. General Provisions
- The website www.piwnemosty.pl is operated by BZ Investment Sp. z o.o. based in Ząbkowice Śląskie at 5 Daliowa Street, registered in the National Court Register (KRS) kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Division of the National Court Register under the number 0000595788, NIP: 8871822206, REGON: 52068116700000, share capital: PLN 15,000.00.
- BZ Investment Sp. z o.o. holds a valid:
- License No. I-6/A/14/2022 for the sale of alcoholic beverages with up to 4.5% alcohol content and beer for consumption off-site, issued on September 13, 2022, by the Mayor of Ząbkowice Śląskie, valid from September 13, 2022, to September 13, 2030, at the warehouse located at 14 1 Maja Street, 57-200 Ząbkowice Śląskie.
- The place of concluding sales contracts is the warehouse at 14 1 Maja Street, 57-200 Ząbkowice Śląskie, phone: +48 797 792 149, e-mail address: bok@piwnemosty.pl.
- BZ Investment Sp. z o.o. is the distributor of alcoholic beverages of the wholesaler Piwne Mosty Sp. z o.o., based in Wrocław at 68/9 Krucza Street, registered in the KRS under the number 0000836282, NIP: 8992878418, REGON: 38586548600000, share capital: PLN 5,000.00. Piwne Mosty Sp. z o.o. does not operate the website: www.piwnemosty.pl and is not a party to the contracts concluded through the online service: www.piwnemosty.pl.
§ 2. Definitions
The terms used in these Regulations mean:
- Seller - BZ Investment Sp. z o.o. based in Ząbkowice Śląskie at 5 Daliowa Street, registered in the KRS under number 0000595788, NIP: 8871822206, REGON: 52068116700000,
- Store - point of sale located in Ząbkowice Śląskie (57-200) at 14 1 Maja Street, where the Goods Sale Agreement is concluded,
- Goods - product presented on the Website intended for sale in the Store via the Website,
- Website - internet service available at: www.piwnemosty.pl,
- Goods Sale Agreement - an agreement under which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the item at the Store, and the Buyer undertakes to collect the item at the Store and pay the Seller the price, concluded at the place of delivery in the Store to the Buyer or their Representative,
- Representative - a person authorized by the Buyer to collect the Goods on their behalf from the Store and/or to pay for the Goods; a courier collecting the Goods on behalf of the Buyer is also considered a Representative,
- Order - a declaration of will by the User containing an offer aimed directly at concluding a Goods Sale Agreement, made by clicking the "Order with payment obligation" button,
- Buyer - an individual over the age of 18, as well as a legal entity or an organizational unit without legal personality to whom legal capacity has been granted, who placed an Order via the Website and whose offer for concluding the Goods Sale Agreement was accepted by the Seller,
- User - any individual visiting the Website,
§ 3. Regulations
- These Regulations of the online store www.piwnemosty.pl (hereinafter referred to as "Regulations") define:
- the rules for registration and use of accounts within the Website,
- the conditions and rules for making electronic reservations of products presented on the Website,
- the conditions and rules for submitting Orders electronically within the Website,
- the rules for concluding Goods Sale Agreements,
- the rules for using the online store available at: www.piwnemosty.pl, with issues regarding the use of promotions, discounts, loyalty programs, or other services offered by the Seller being regulated in separate regulations.
- These Regulations constitute an electronic service provision agreement under Article 8 of the Act of July 18, 2002, on the provision of electronic services.
- The User can access the Regulations at any time through the Website and save or print its content.
§ 4. Using the Website
- The Website is intended for Users who are 18 years of age or older. Before entering the Website, the User confirms that they are 18 or older.
- By using the Website, the User confirms that they have read and fully accept the content of the Regulations.
- Using the Website is possible provided that the following technical requirements are met:
- The User uses a browser in its latest available version: Internet Explorer, Microsoft Edge, Mozilla Firefox, Google Chrome, Opera, Safari, or another compatible with the aforementioned browsers and with similar functionality. The browser must enable JavaScript;
- Minimum screen resolution: 320 x 240 pixels;
- Access to the Internet.
- The User is prohibited from:
- Interfering with the content posted on the Website without the express consent of the Administrator,
- Posting on the Website or otherwise delivering content via the Website that is illegal or violates the Regulations,
- Using the Website in a manner that disrupts its operation.
§ 5. Placing Orders and Concluding Goods Sale Agreements
- The content presented on the Website, including descriptions of Goods, price lists, does not constitute an offer but is merely an invitation to conclude a Goods Sale Agreement, in accordance with Article 71 of the Civil Code Act of April 23, 1964. The prices presented on the Website are in Polish zlotys (PLN) and are gross amounts.
- The User places an Order via the Website by completing the appropriate order form available on the Website. The Goods Sale Agreement is executed at the Warehouse located at 14 1 Maja Street, 57-200 Ząbkowice Śląskie.
- The User can place an Order as a registered or unregistered User.
- To place an Order, the User selects Goods by following the instructions and information displayed on the Website. Goods are added to the cart.
- After the User provides all necessary data, an order summary will be displayed containing information about:
- The ordered Goods,
- The unit and total price of the ordered Goods,
- Delivery costs or other additional costs,
- The total amount to be paid by the Buyer,
- The selected payment method,
- The selected delivery method,
- Estimated delivery time,
- Delivery address,
- Representative data.
- Before clicking the "Order with payment obligation" button, the User can modify the entered data and selected Goods, as well as cancel the Order.
- Clicking the "Order with payment obligation" button constitutes a declaration by the User that the Buyer will ensure the ordered Goods are collected by a person who is over 18 years of age and not intoxicated, in accordance with Article 15 (1) (1) and (2) of the Act on Counteracting Alcoholism, and that the Buyer does not intend to conclude the Goods Sale Agreement for the purpose of resale.
- Upon receiving the Order, the Seller will confirm receipt of the Order by sending an email containing final confirmation of all essential elements of the Order.
- After the Order is placed, the Seller will confirm the acceptance of the Order (offer to conclude a Goods Sale Agreement) within one business day.
- The Seller reserves the right to request the User who placed the Order or the Buyer to send a scanned copy of their ID or to verify their age in another way.
- The Goods Sale Agreement is concluded when the Seller confirms acceptance of the Order, as described in paragraph 9. The ownership of the Goods subject to the Goods Sale Agreement passes to the Buyer upon delivery of the Goods in the Store to the Buyer or their Representative.
§ 6. Payment for the Order
- The Buyer can choose the following methods of payment for the Goods:
- Payment in cash upon collection of the Goods at the Store,
- Bank transfer to the Seller's bank account.
- The Buyer is obliged to pay for the Goods no later than upon collection of the Goods in the Store, in the case of a cash payment, or within 7 days from the conclusion of the Goods Sale Agreement, in the case of a bank transfer.
- In the event of failure to make the payment within the specified period, the Seller may cancel the Order.
§ 7. Delivery of Goods
- The Goods ordered via the Website are available for collection at the Store located at 14 1 Maja Street, 57-200 Ząbkowice Śląskie.
- The Seller undertakes to deliver the Goods to the Store, where the Buyer can collect them.
- The Seller will notify the Buyer by email or phone when the Goods are ready for collection.
- The Buyer is obliged to collect the Goods within 14 days from the date of notification. If the Buyer does not collect the Goods within the prescribed period, the Seller may cancel the Order and refund any payment made by the Buyer.
§ 8. Right of Withdrawal from the Agreement
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Pursuant to Article 27 of the Consumer Rights Act, a consumer who has entered into a distance contract or a contract concluded outside the business premises may withdraw from the contract within 14 days without providing any reason and without incurring any costs, except for:
- additional costs incurred by the Seller due to the consumer’s choice of delivery method other than the least expensive usual delivery method offered by the Seller;
- direct costs of returning the goods;
- payment for services provided up to the time of withdrawal, calculated proportionally to the extent of the service provided, in accordance with Article 35 of the Consumer Rights Act.
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The withdrawal period referred to in section 1 begins from the day the Buyer or the Buyer’s authorized representative takes possession of the Goods. To meet the withdrawal deadline, it is sufficient to send the withdrawal statement before the deadline expires.
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The Buyer exercises the right of withdrawal from the agreement by submitting a withdrawal statement to the Seller (via email to bok@piwnemosty.pl or in writing to: Piwne Mosty Sp. z o.o., ul. Długosza 2, 51-162 Wrocław); the Seller provides a sample withdrawal form available at: piwnemosty.pl/data/include/cms/Regulamin/oswiadczenie_o_odstapieniu_od_umowy.docx (to download the file, copy the entire path to the file and paste it into the browser’s address bar). The Buyer should attach proof of purchase of the Goods or otherwise prove that they purchased the Goods from the Seller.
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The right of withdrawal does not apply to contracts referred to in Article 38 of the Consumer Rights Act, particularly to contracts:
- where the subject of the contract is a perishable item or an item with a short shelf life;
- where the subject of the contract is an item delivered in a sealed package, which cannot be returned after the package has been opened due to health protection or hygiene reasons, if the package has been opened after delivery;
- where the subject of the contract is alcoholic beverages, the price of which was agreed upon at the time of the sale contract and which cannot be delivered until after 30 days, the value of which depends on market fluctuations beyond the Seller’s control.
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The Buyer is required to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them without undue delay, but no later than 14 days from the day the Buyer withdraws from the agreement, unless the Seller has offered to collect the item themselves. To meet the deadline, it is sufficient to return the Goods before the deadline expires.
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The Buyer bears the direct costs of returning the Goods, which should be sent to the address: Piwne Mosty Sp. z o.o., ul. Długosza 2, 51-162 Wrocław.
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In the case of effective withdrawal from the agreement, the Seller shall refund to the Buyer all costs incurred by the Buyer, including the price paid, subject to section 1 above. The refund referred to in the previous sentence shall be made without undue delay, but no later than 14 days from the receipt of the Buyer’s withdrawal statement. However, the Seller is entitled to withhold the refund until the Goods are returned by the Buyer and their condition is checked.
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The refund of costs incurred by the Buyer referred to in section 7 shall be made using the same payment method the Buyer used to pay for the Goods.
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Before withdrawing from the agreement, the Buyer should not use the Goods in a way that diminishes their value or in a manner other than what is necessary to ascertain the nature, characteristics, and functioning of the Goods. If the Seller finds that the Buyer has used the Goods in a way contrary to the previous sentence, the Seller is entitled to deduct the appropriate amount from the refund of the costs incurred by the Buyer. The right of withdrawal expires if the Buyer opens Goods that are alcoholic beverages or other food products.
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A Buyer who has concluded the contract as part of conducting business activities (a Buyer who is an entrepreneur) is not entitled to withdraw from the agreement, unless the contract explicitly indicates that it does not have a professional character for the Buyer, resulting particularly from the subject matter of the Buyer’s business activities, as registered in the Central Registration and Information on Business Activity.
§ 9. Warranty
- The Buyer is entitled to submit a complaint in the event of a discrepancy between the sold Goods and the agreement.
- Complaints should be submitted via email at bok@piwnemosty.pl or in writing to: Piwne Mosty Sp. z o.o., ul. Długosza 2, 51-162 Wrocław.
- The Seller will examine the complaint and provide a response to the Buyer within 14 days from the day the complaint is received by the Seller. The response to the complaint will be given in the same way the complaint was submitted by the Buyer.
- The Seller is not the manufacturer of the goods. The manufacturer is responsible for the warranty of the sold Goods under the terms and for the period specified in the warranty card. If the Goods are delivered with a warranty document, and the document allows for such a possibility, the Buyer may submit claims under the warranty directly to the authorized service, the address of which is provided in the warranty card.
- The User or Buyer may submit complaints regarding services provided by the Seller electronically at the email address bok@piwnemosty.pl or via the contact form, describing the nature and date of the issue concerning the operation of the Website. Section 3 applies accordingly.
§ 10. Out-of-court Dispute Resolution
- The entity authorized to conduct proceedings for out-of-court consumer dispute resolution is the Trade Inspection Authority. The procedure is initiated at the request of the consumer or the entrepreneur, submitted to the regional inspector appropriate for the place of the entrepreneur's business activity. The procedure is regulated by the Act on Out-of-Court Consumer Dispute Resolution and Articles 36 and following of the Trade Inspection Act.
- In case of a dispute with the Seller, the Buyer who is a consumer is entitled to obtain free legal assistance and information on consumer protection from the district (municipal) consumer ombudsman. The district (municipal) consumer ombudsman’s duties include, in particular, representing consumers in matters of consumer protection, initiating lawsuits on behalf of consumers, and, with the consent of the consumers, joining ongoing proceedings concerning the protection of consumer interests.
- The consumer may also submit their complaint through the EU Online Dispute Resolution platform, available at: http://ec.europa.eu/consumers/odr/.
§ 11. Registration and Newsletter
- The User can register an account on the Website by providing their email address and choosing a login and password (Registered User). A Registered User may also provide additional information, including their name and address. The Registered User is solely responsible for the accuracy of the provided data and for any consequences of disclosing their login and password to third parties. The Registered User may request the administrator to delete their account at any time, which will not affect the lawfulness of the processing of personal data carried out before the request for account deletion.
- The User may subscribe to the newsletter service, which involves receiving information and marketing messages (commercial information) from the Seller or the Seller and its business partners to the email address provided by the User. The subscription to the newsletter service is made by filling out a form and providing an email address. The newsletter service is voluntary and free of charge. The User may unsubscribe from the newsletter service at any time by clicking the appropriate link in the footer of the email sent as part of the newsletter service.
§ 12. Personal Data Protection
- The administrator of personal data of Users and Buyers is: BZ Investment Sp. z o.o., ul. Daliowa 5, 57-200 Ząbkowice Śląskie.
- The personal data of Users and Buyers are processed by the Administrator based on Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons 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 Personal Data Protection Act of May 10, 2018.
- Detailed information regarding the processing of personal data of Users and Buyers can be found in the "Privacy Policy" published on the Website and in the appropriate "Information Clause" made available to the User/Buyer.
§ 13. Final Provisions
- Any disputes arising between the User/Buyer and the Seller shall be submitted to the competent court for the Seller’s registered office.
- The Seller reserves the right to amend these Terms and Conditions. Amendments to the Terms and Conditions will enter into force on the date specified in the amended Terms and Conditions, but not earlier than on the day the changes are published on the Website. The amendments to the Terms and Conditions will apply to sales contracts concluded after the date of publication of the changes on the Website. For matters not regulated in the Terms and Conditions, the provisions of generally applicable law, particularly the Civil Code, shall apply.
- In case of doubt, the interpretation of the Terms and Conditions should be made in a way that ensures its compliance with the binding legal provisions.