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Regulations for placing orders

setting out the rules for placing and fulfilling orders placed through the website
https://mojadestylarnia.pl
belonging to the company Manufaktura Barrels Spółka z ograniczoną odpowiedzialnością.

I. INTRODUCTION

1.1. The website at https://mojadestylarnia.pl is owned and operated by mojadestylarnia.pl sp. z o.o., based in Warsaw, at ul. Twarda 18, having respectively assigned numbers: KRS – 0000904285, NIP – 5252865707, REGON – 389142879.

1.2. The Regulations set forth the rules for the use of the Site referred to in paragraph. 1.1 (hereinafter: the Site), which is used to present the goods and services offered by mojadestylarnia.pl sp. z o.o. (hereinafter: Seller), to post information and articles related to alcoholic beverages and to support the Seller’s retail sales of Goods, including alcoholic beverages, selected other products and accessories related to alcohol consumption, to place and record Orders.

1.3. The place of concluding sales contracts is the Store (point of sale) located in Stanica, address: Stanica 4, 57-130 Przeworno, tel. +48 735 468 969, email: sklep@mojadestylarnia.pl

1.4. These Regulations are the regulations referred to in Art. 8 of the Law on Provision of Electronic Services.

1.5. These Regulations specify in particular:

  1. rules of use of the Site;
  2. Rules for making registration and use of an account on the Site;
  3. terms and conditions for making electronic reservations of Goods in the Store;
  4. terms and conditions for placing electronic Orders for the purchase of Goods in the Store;
  5. Rules for concluding sales contracts using the services provided on the Site.

1.6. The use of the Site is possible provided that the following technical requirements necessary for cooperation with the information and communication system are met:

  1. having a device that allows the use of the Website (e.g. PC, tablet, smartphone), linked to the Internet via https network service with Java Script and Cookies enabled,
  2. Internet access,
  3. Having appropriate software, including at least a web browser: e.g. Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari version 4 and higher.

1.7. It is forbidden for the User using the Website to provide content of an unlawful nature, as well as to make any interference with the content of the Website without the consent of the Seller, as well as to reproduce it without providing the source of information in the form of a hyperlink to the source page.

1.8. The site is intended for adults 18 years of age or older.

1.9. Users may access these Terms and Conditions at any time through the redirect located on the home page of the Website, and may download them and make a printout or record them by other methods.

1.10. Please read the Terms and Conditions before using the Site. If you do not accept the Terms and Conditions in whole or in part, the Seller asks you not to use the Site.

1.11. The provisions of the Terms and Conditions are binding on both the Seller and the Customer.

  • By placing an order on the Site, the Customer agrees to all the provisions of these Terms and Conditions.
  • Goods presented on the Site do not constitute an offer within the meaning of the Civil Code, but only an invitation addressed to potential Customers to conclude a Sales Agreement.

1.14. In particular, the user is obliged to:

  1. Use of the Site in a manner that does not interfere with its operation,
  2. not to provide or transmit content prohibited by law through the Site,
  3. not to take actions such as sending or posting unsolicited commercial information (spam) through the Site.

1.15. The Seller may deprive the User of the right to use certain functions of the Website, in particular the ability to place orders, including the possibility of deleting or blocking the User’s Account, if the User violates the Terms of Use, and in particular if the User:

  1. provided false data during registration or placing an Order, in particular regarding the User’s age;
  2. Has committed a violation of the obligations set forth in Section. 1.14. Regulations.

1.16. A user whose account has been deleted or blocked in accordance with the preceding section of the Terms and Conditions may not register again without the prior consent of the Seller.

1.17. In order to ensure the security of transmission, messages and data, in connection with the services provided, the Seller shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted via the Website.

II. DEFINITIONS

  1. Seller – mojadestylarnia.pl limited liability company with registered office in Warsaw (00-105) at ul. Twarda 18, KRS – 0000904285, NIP – 5252865707, REGON – 389142879.
  2. Website – The website located at:
    https://mojadestylarnia.pl
    ;
  3. Store – Point of sale located in Stanica, address: Stanica 4, 57-130 Przeworno, phone. +48 735 468 969, available from 8 am to 4 pm, e-mail:
    sklep@mojadestylarnia.pl
    ;
  4. Regulations – document referred to in art. 8 of the Law on Provision of Electronic Services, which sets out detailed rules for the use of the Site’s electronic ordering platform;
  5. Goods – goods presented on the Site, available for sale in the Store;
  6. Customer – an entity who has concluded or intends to conclude a Sales Agreement with the Seller being: a natural person of full legal capacity a legal person or an organizational unit without legal personality, to which legal capacity is granted by law;
  7. Consumer – entity referred to in art. 221 Civil Code, a natural person making a legal transaction with an entrepreneur that is not directly related to his business or professional activity;
  8. Civil Code – Law of April 23, 1964. Civil Code (Journal of Laws of 2019, item 1145, 1495, as amended);
  9. Law on provision of electronic services – Law of July 18, 2002. On provision of services by electronic means (Journal of Laws of 2020, item 344, as amended);
  10. Law on Consumer Rights – Law of May 30, 2014. On consumer rights (Journal of Laws of 2020, item 287, as amended);
  11. Copyright – Law of February 4, 1994. On Copyright and Related Rights (Journal of Laws 2019, item 1231, 2020, item 288, as amended);
  12. User – Any person who visits the Site;
  13. Registration – The process of creating an account by a User on the Site, involving the provision of personal information;
  14. Account – marked with an individual name (login) and password, a set of resources in the Seller’s ICT system, in which the data of a User who has registered on the Site are collected;
  15. Guest – An unregistered user who makes an Order through the Site;
  16. Product page – A page on the Site that presents information about a particular Goods;
  17. Working day – a day during the Store’s business hours from Monday to Friday, excluding public holidays;
  18. Attorney – an adult person acting exclusively for and on behalf of the Customer, to whom the Customer has granted a power of attorney to receive on his/her behalf the Goods purchased on the Website.

III. TERMS AND CONDITIONS FOR PLACING AND FULFILLING ORDERS

3.1. To make an Order through the Site, it is necessary to provide the necessary information to complete the Order or to complete the Registration, as well as to read the content of these Terms and Conditions and accept the Terms and Conditions by the User.

3.2. Placing an Order is done by filling out the appropriate order form available on the Site. All sales contracts concluded on the basis of Orders placed through the Website are concluded and executed at the Seller’s Store (point of sale).

3.3. The sales contract is concluded at a distance between the Seller and the Customer. However, a party to the contract in question is not the Agent who, on behalf of the Customer, collects the Goods purchased on the Site.

3.4. The selection of ordered Goods by the Customer is made by adding them to the shopping cart.

3.5. During the process of placing the Order – until the moment of pressing the “Order” button. – The Customer has the possibility to modify the entered data and the Goods. To do so, follow the messages displayed and the information available on the site.

3.6. After the Customer has entered all the necessary data, a summary of the submitted Order will be displayed. The Order Summary will include information on:

  1. ordered Goods;
  2. unit prices and the total price of the ordered Goods;
  3. Agent’s remuneration for the collection and transfer of the Goods to the Customer, if the Customer has decided to use his agency;
  4. additional costs, (if any);
  5. the selected payment method;
  6. The time and manner of operation of the Plenipotentiary;

3.7. Confirmation of the Order by the Customer is tantamount to a statement that the Customer assumes responsibility for receiving the purchased Goods either in person or by an adult at the Store (point of sale). Placing an Order is also the same as the Customer’s declaration that he is not a person to whom, according to Art. 15 of the Law on Upbringing in Sobriety and Counteracting Alcoholism, it is prohibited to sell alcoholic beverages and that it does not purchase alcohol for resale. In order to verify the age of majority of the Customer, the Seller requires the date of birth of the Customer in the Order form, in case of doubt the Seller may also ask to send a scan of the Customer’s ID card.

3.8. After placing an Order, the Customer will receive an e-mail address provided during the Ordering process (Customer placing an Order as a Guest) or saved in the Account tab (Registered Customer), confirmation of Order acceptance and details of the Order.

3.9. The Sales Agreement is concluded upon receipt by the Seller electronically of the Order made by the Customer.

3.10. The Seller may refuse to accept the Order within 3 three Business Days, from the moment of its receipt. If the Order is placed on Saturday, Sunday or a public holiday, the Seller may refuse to accept the Order on the first three Business Days.

3.11. The Order is refused when:

  1. the ordered Goods are out of stock at the Seller’s warehouse, despite the fact that the Website indicated that they are available;
  2. the data provided by the Customer is incomplete, erroneous or raises a reasonable doubt as to its accuracy;
  3. The Customer has not taken back the Goods covered by the previously made Order;
  4. there were fortuitous events beyond the Seller’s control;

3.12. The Seller may also, within the period provided for refusal of the Order, contact the Customer using the e-mail address or telephone number provided during the ordering process (Customer placing the Order as a Guest) or saved in the My Account tab (Registered Customer) informing the Customer about the extended deadline for processing the Order for the Goods in question; verify the correctness of the data provided by the Customer in the Order, if they raise reasonable doubts about their correctness; explain any doubts about the details of the Order placed by the Customer.

3.13. A sales document in the form of a receipt or VAT invoice is issued for each Order. The sales document is issued not earlier than when all Goods selected for the Order are completed and ready for collection.

3.14. The Seller reserves the right to impose restrictions on the quantity of ordered Goods and the value of the Order. The Customer will be informed of such possible restrictions before the Customer confirms the Order.

3.15. The registered Customer is obliged to inform the Seller of any change of e-mail address or telephone number, by updating the data on his own after logging into the Account.

IV. PRICES AND FORMS OF PAYMENT

4.1. All prices presented on the Site are gross prices (they include VAT at the rate consistent with applicable regulations) and are expressed in Polish zloty. In case of doubt, the Seller stipulates that the prices do not include the cost of packaging or collection by a Proxy (unless expressly stated on the Product Page on the Site), which services are provided at the request of the Customer by a Proxy, i.e., the Seller. courier company in accordance with the price list listed on the Site.

4.2. Information on the total value of the Order is presented on the Site before the Customer accepts the Order. The total value of the Order includes the total gross price of the ordered Goods as well as the costs of packaging and collection, if the Customer has chosen such an option, and any itemized costs associated with the form of payment chosen by the Customer.

4.3. Payment for the ordered Goods can be made by the Customer at his choice (no more than 48h after placing the order) through one of the following methods:

  1. By payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro;
  2. Through the payment platform: eCard, dotpay, PayPal, PayU, Przelewy24;
  3. By card or cash at the time of personal collection of goods.
  4. by traditional bank transfer to the Seller’s bank account – payments should be made to the bank account held by ING BANK ŚLĄSKI with the following number: 07 1050 1012 1000 0090 8206 9544, with the following data of the Seller: mojadestylarnia.pl sp. z o.o., ul. Twarda 18, 00-105 Warsaw.
  • If the Buyer chooses to pay in advance, the order must be paid for within one business day of placing the order.
  • The seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only directly after placing the order.
  • By accepting these Terms and Conditions, a Customer who chooses a VAT invoice as proof of sale agrees that the indicated VAT invoice will be delivered to him/her electronically to the e-mail address provided by the Customer when placing the Order. Invoices for Customers who are not natural persons are also issued electronically and are sent to the e-mail address provided by the Customer when placing the Order.

V. ACCEPTANCE OF GOODS

5.1. The Customer undertakes to collect the ordered Goods at the Store (point of sale) on Working Days from 08:00 – 16:00:00 within 5 working days from the date of receipt of information from the Seller about the possibility of collecting the Order.

5.2. The Customer may pick up the Goods either in person or through another person authorized by him/her (Proxy). The proxy authorized to Collect on behalf of the Customer may be an adult person who does not have the prohibition referred to in Section 3.7; a courier company cooperating with the Seller or any other person who will collect the ordered Goods from the Store and deliver them to the place of delivery indicated by the Customer in the body of the Order.

5.3. Information about the readiness of the Goods for collection will be sent to the Customer at the e-mail address indicated by the Customer when placing the Order. The person picking up the Goods will be required to provide the Customer’s name and Order number. The condition for acceptance is written confirmation of receipt of the Goods and payment. The Seller stipulates that the Goods will not be released to a minor or intoxicated person. The Seller shall be entitled to verify the age of majority of the person receiving the Goods.

5.4. Issuance of the Goods to the Customer shall take place at the time of delivery by the Seller of the ordered Goods to the Customer or to the Proxy, whereby the Customer, indicating in the content of the order the option to receive the Goods through the Proxy, declares that:

  1. authorizes the Seller to release to the Agent the Goods purchased by the Customer;
  2. authorizes the Seller to provide the Agent with all his personal data needed for the delivery of the purchased Goods;

5.5. The Goods purchased in the Store are delivered by the Proxy which is a courier service to the recipient’s address indicated in the Order form within 5 Business Days. The time is calculated from the moment the total amount of the required payment for the submitted Order is credited to the Seller’s account – if you choose the payment methods referred to in point. Regulations;

5.6. Upon receipt of the shipment, it is necessary to check in the presence of the Plenipotentiary, which is the courier company, that the packaging has not been damaged in transit and that the contents of the shipment are in accordance with the contents of the Order.

5.7. If the contents of the shipment are inconsistent with the contents of the Order, the receipt, or if the Goods are damaged, the Customer should draw up a damage report in accordance with the procedure used by the Agent, which is the courier company.

5.8. In the event that the Customer provides erroneous or incomplete data, making it impossible for the Agent, which is a courier company, to deliver the shipment, or in the absence of the Customer or the person authorized to receive the shipment, the cost of additional delivery will be charged to the Customer, provided that the Customer agrees to the additional delivery. The cost of re-delivery will be equal to the cost of delivery attributed to the original Order.

5.9. In a situation where the ordered Goods are not paid by the Customer within 5 days, the order will be canceled.

VI. RIGHT OF WITHDRAWAL

6.1. Subject to point. 6.4. Regulations, the Consumer may, within 14 days from the date of receipt of the Order, withdraw from the contract without giving any reason. Sending the statement before the deadline is sufficient to meet the deadline In the form of:

  1. in writing – by regular mail, to the address of the Store: mojadestylarnia.pl sp. z o.o., Stanica 4, 57-130 Przeworno,
  2. electronic to the email address:
    sklep@mojadestylarnia.pl

A sample statement is included at the end of this document.

6.3. To the statement referred to in the preceding paragraph, the Consumer should attach proof of purchase of the Goods, or otherwise document the purchase of the Goods from the Store.

6.4. The right of withdrawal does not apply to the following Goods:

  1. that spoil quickly or have a short shelf life;
  2. delivered in sealed packages that, once opened, are unsuitable for return for health or hygiene reasons;

6.5. The consumer is obliged to return the Goods to which the declaration of withdrawal applies immediately, but no later than within 14 days from the day on which he or she withdrew from the contract. To meet the deadline it is sufficient to send back the Goods before its expiration to the address of the Store.

6.6. The Consumer shall bear the direct costs of returning the Goods, by which is meant the cost of returning the Goods to the Store.

6.7. The Seller shall promptly, but no later than within 14 days of receipt from the Consumer of the statement of withdrawal from the contract, return to the Consumer the payment made by him for the returned Goods – less the costs associated with the remuneration of the Agent, if the delivery of the returned Goods was made through him.

6.8. Refunds will be made using the method of payment used by the Consumer at the time of payment for the Order.

6.9. Before and after withdrawal from the contract, the Consumer should not use the Goods beyond what is necessary to ascertain the nature, characteristics and functionality of the Goods. Otherwise, the Consumer will be liable for the diminished value of the Goods. The consumer may not withdraw from the contract with respect to Goods that are alcoholic beverages that have been opened.

6.10. The right to withdraw from the contract does not apply to the customer if he concluded the contract in the course of his business (as an enterprise).

VII. COMPLAINT PROCEDURE

7.1. The Seller shall be liable to the Customer under the warranty for defects in the Goods, to the extent regulated by the Civil Code.

7.2. In the event of non-conformity of the Goods with the Order, the Customer has the right to file a complaint.

7.3. The customer may exercise his/her right to file a complaint in the form of a:

  1. in writing – by regular mail, to the address of the Store
  2. electronic to the email address:
    sklep@mojadestylarnia.pl

7.4. The complaint will be considered within 14 days from the date of its notification to the Seller, and if this is not possible, the Seller will inform the Customer within this period when the complaint will be considered.

7.5. The Customer will be informed by the Seller by letter, email or telephone using the contact details provided by the Customer in the complaint about how the complaint will be handled.

7.6. Replacement of the Goods with conforming to the Order or free from physical defects or refund in case of positive resolution of the complaint will take place immediately after the Customer is informed about the positive resolution of the complaint.

VIII. OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND INVESTIGATING CLAIMS

8.1. Out-of-court resolution of disputes with consumers under the Law of September 23, 2016. on out-of-court settlement of consumer disputes is conducted by the authorized entity, which is the Provincial Inspectorate of Commercial Inspection in Wroclaw, at ul. Of ofiary Oświęcimskich 15A, 50 – 069 Wrocław, page
https://wiih.ibip.wroc.pl/public/
.

8.2. A customer who is a Consumer has the additional option of using an out-of-court means of redress in the form of filing a complaint through the EU online ODR platform, available at:
http://ec.europa.eu/consumers/odr/
.

IX. PERSONAL DATA PROTECTION

9.1. The administrator of the personal data provided by the customer is Manufaktura Barrels sp. z o.o.

9.2. Customers’ personal data are processed primarily on the basis of the contract and for the purpose of its execution, in accordance with the principles set forth in the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (RODO).

9.3. Details of data processing by the Seller, including but not limited to. the purpose, period and basis of processing, the rights of data subjects, as well as possible recipients of the data, is contained in the privacy and cookies policy included in this document.

X. COPYRIGHTS

Copyrights to the graphic elements posted on the Site
https://mojadestylarnia.pl
the appearance and composition of this site, as well as photographs, descriptions of the Goods, constitute works within the meaning of the Act of February 4, 1994. on Copyright and Related Rights, are protected by copyright laws and may not be used without the written permission of Manufaktura Barrels sp. z o.o.

XI. FINAL PROVISIONS

11.1. The Seller reserves the right to make changes to these Terms and Conditions. Changes to the Terms and Conditions will be communicated to Users on the Site https://mojadestylarnia.pl will require each time the approval of the User expressed by the User before placing the Order. The amended or modified Regulations shall have binding force, upon fulfillment of the other conditions provided by law, only for legal relations arising after the effective date of the amendments or modifications.

11.2. In order to tailor the content and services to the individual needs and interests of the Website’s users, so-called “customization” is used. cookies (cookies), i.e. information stored by the server on your computer, which the server can read each time you connect from that computer. We would like to inform you that you can disable the cookies option in your browser at any time, which, however, may cause difficulties in using the Website services and placing Orders.

11.3. In all matters not covered by these Regulations, the provisions of the Civil Code shall apply, Law on provision of services by electronic means, the Law on Consumer Rights and other relevant laws.

11.4. Any doubts arising from the interpretation of the Regulations shall be interpreted in such a way as to ensure that these Regulations are consistent with the mandatory provisions of law.

11.5. By accepting the Regulations, the Customer agrees to the processing of his/her personal data contained in the submitted Order for the purposes necessary for the execution of the concluded agreement – in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (RODO).

11.6. By accepting the Terms and Conditions, the Customer declares that he/she has read the Information Clause regarding the processing of his/her personal data in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (RODO).

A model withdrawal form is available at: https://mojadestylarnia.pl/wp-content/uploads/2023/03/Wzor-formularza-odstapienia-od-umowy.pdf

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