Rules

Terms and Conditions of the BEERDURO Online Store: WWW.BEERDURO.STORE

 

  • 1. Preliminary provisions

 

  1. BEERDURO Online Store operating at www.beerduro.store is run by Michał Kondrat, Piotr Kabat who operate a business enterprise under the company name BEERDURO s.c., which is entered into the Central Business Register and Information Service kept by minister in charge of economy under numbers: NIP 5472218909 [Taxpayer. ID no.] and REGON 5472218909 [Business. ID. no.]
  2. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Online Store and define the principles of using the Online Store and the principles and procedure of concluding distant sales contracts with the Client.

 

  • 2. Definitions

 

  1. Consumer – a natural person signing a contract with the Seller within the Store, the object of which is not directly related to its economic or professional activity.
  2. Seller – a natural person conducting business enterprise under the company name BEERDURO s.c. , which is entered into the Central Business Register and Information Service kept by minister in charge of economy under numbers: NIP 5472218909 [Taxpayer. ID no.] and REGON 5472218909 [Business. ID. no.]
  3. Client – any entity making a purchase in the Store.
  4. Entrepreneur – a natural person, legal person, or an organizational entity that is not a legal person and whose specific regulations assign legal capacity and which places an Order in the Store
  5. Store – online store run by the Seller, operating at www. beerduro.store
  6. Distance contract – agreement concluded with the Client within the framework of organized distance contracting system (within the Store), without simultaneous physical presence of the parties, with exclusive use of one or more means of remote communication until the conclusion of the contract.
  7. Terms and Conditions – are the terms and conditions of this online Store
  8. Order – a declaration of Client’s will made by means of an Order Form and aimed directly at concluding Product(s) Sale Contract with the Seller
  9. Account – a customer’s account in the Store where data provided by the Client and information about placed orders is collected
  10. Registration form – the form available in the online Store that enables the Client to create an account
  11. Order Form – an interactive form available in the Online Shop allowing to place an Order, particularly through adding Products to the Shopping Cart and defining the Sale Contract conditions, including the delivery and payment method.
  12. Shopping Cart – a component of the online Store software where Products selected by Customer to purchase are listed with a possibility to determine and modify the Order specification, in particular the quantity of products.
  13. Product – movable good/ service available in the Store which is the object of Sale Contract between the Client and the Seller.
  14. Sale Contract – a sale contract of Product concluded between the Client and the Seller via the online Store. Sale Contract also refers to service contract or contract for specific work, depending on the Product specification.

 

  • 3. Contact with the Store

 

  1. Seller’s address: Poland, 43-300 Bielsko-Biała, 10 Wypoczynkowa Street
  2. Seller’s email address: beerduro@gmail.com
  3. Seller’s phone number: 600453983
  4. Seller’s bank account number:
    1. 49 1140 2004 0000 3002 8004 9442 – dla płatności w PLN
    2. 09 1140 2004 0000 3012 1130 4385 – dla płatności w EUR
  5. Client can contact the Seller using the addresses and phone number given in hereby paragraph.

 

  • 4. Technical Requirements

 

In order to access the Store, including browsing through the products and placing an order it’s  necessary to have:

  1. a terminal device with Internet access and a browser
  2. active e-mail account,
  3. enabled cookies in the browser,
  4. FlashPlayer installed.

 

  • 5. General Agreements

 

  1. The Seller, to fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by vis maior, unlawful actions of third parties, or incompatibility of the Store with Customer’s technical infrastructure.
  2. Browsing through the products does not require registration. Placing and order for the Product in the Store is possible after creating the Account as determined in § 6 of Terms and Conditions or after providing necessary personal and delivery information needed to process the Order without creating the Account.
  3. The prices given in the Store are given both in Polish Zloty and Euro and are gross prices (including VAT).
  4. Total (final) amount to be paid by Client consists of Product price and shipping cost (including the cost of transport, delivery and postal service). The Client is informed about the cost while placing Order in the Store and in the moment of declaring the will to conclude Sale Contract.
  5. In case of Contract containing a subscription or indeterminate duration of service the total price shall include the total costs per billing period.
  6. If subject matter of the Contract does not allow, by reasonable estimate, to determine the total (final) price in advance, the information about the way the price shall be calculated as well as the cost of transport, delivery, postal service and other costs will be given in description section of the Product in the Store.

 

  • 6. Setting up an account in the Store

 

  1. Client is required to fill in Registration Form to set up an account and provide personal information, address, email and telephone number.
  2. Setting up an account in the Store is free.
  3. In order to log into the Account, one shall input the login and password set in Registration Form.
  4. The Client may delete the Account any time, without giving a reason and free of charge by sending an appropriate request to the Seller via email or on paper sent to the address given in § 3.

 

  • 7. Placing an order

 

To place an Order:

  1. log in to the Store (optional)
  2. select the Product (the subject of the Order) and click „Add to Cart” (or an equivalent)
  3. log in or place an Order as a guest (without registration)
  4. if placing on Order as a guest – fill in the Order Form by providing the personal details of the recipient, delivery address, shipping method, billing details (if different than recipient’s personal information)
  5. click „Order and pay” button and confirm the transaction by clicking the link in an e-mail sent to you,
  6. choose a payment method and make a payment within the determined time, subject to the provisions of § 8 point 3.

 

  • 8. Delivery and payment methods

 

  1. The Client can use the following delivery methods or collection in person:
    1. Courier shipment,
    2. Collection in person at: 10 Wypoczynkowa Street, 43-300 Bielsko-Biała, Poland
  1. The Client can use the following payment methods:
    1. Bank transfer to the Seller’s account
    2. Electronic payment methods
    3. Credit/Debit card payment.
  1. Detailed information on available payment and delivery methods can be found on Store website.

 

  • 9. Concluding the Sale Contract

 

  1. Concluding of Sale Contract between Client and the Seller occurs after prior to placing the Order by the Client using the Order Form in the Store in accordance with point 7 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order to be processed. The Client shall receive an email confirming and accepting the Order at the email address provided while placing the Order. The email is the confirmation of concluding the Sale Contract between the Seller and the Client which is obliging upon the receipt of the mentioned email by the Client.
  3. The Client is obliged to make a payment forthwith via the Store, regardless of the chosen delivery method (courier delivery or collection in person).
  4. If Client selects delivery method other than collection in person, the Product shall be shipped by the Seller within the period of time defined in the Product description (subject to section 5 of this paragraph) using the delivery method selected by the Client upon placing the Order.
  5. A If the Client places an Order for Products with different delivery dates, delivery deadline is the longest given date.
    B If the Client places an Order for Products with different delivery dates, Client may request shipping the Products separately or delivery of all Products after completing the entire order.
  6. The commencement of the delivery time we specify shall be subject to the date when Seller’s bank account is credited (if courier delivery has been selected).
  7. If the collection in person is selected as a delivery method, the Product shall be ready for collection within the period of time defined in the Product description. The Client shall be informed about the Product availability for collection via e-mail sent at the address provided while placing an Order.
  8. If the Client places an Order for Products with different availability for collection dates, collection deadline is the longest given date.
  9. The commencement of the collection time we specify shall be subject to the date when Seller’s bank account is credited.
  10. The Products are shipped on the territory of Poland and all the UE countries.
  11. Delivery of the Product to the Client is a paid service unless the Sale Contract states otherwise. Shipping cost (including transport, delivery and postal service cost) is defined in „Shipping cost” tab in the Store and indicated to the Client while placing the Order and declaring the will to conclude Sale Contract.
  12. Collection of the Product in person is free of charge.

 

  • 10. The Right of Withdrawal

 

  1. The Client may withdraw from the contract within 14 days without stating any reasons.
  2. The period referred to in article 1 begins on the day of Client’s coming into possession of the Product or of the third party indicated by the Client, other than the carrier, coming into possession of the Product.
  3. If an Order consists of a number of Products which are to be delivered separately, in installments or in parts, the period referred to in article 1 begins on the day of delivery of the last item, installment or part.
  4. If the Contract states about regular supplying of Products within determinate period of time (subscription), the period referred to in article 1 begins on the day of Client’s coming into possession of the first item.
  5. The Client may withdraw from the Contract by submitting a contract withdrawal statement to the Seller. To comply with the withdrawal period, it is sufficient if the Consumer sends the notification to exercise the right to withdraw before the expiry of the withdrawal period.
  6. The Consumer can terminate the Contract only by submitting a statement of withdrawal to the Seller through the form available on the Store website.
  7. Effects of withdrawal:
  1. In case of the withdrawal from a Distant Contract, the contract shall be considered not concluded.
  2. If the Consumer exercises the right of withdrawal from Sale Contract, the Seller shall reimburse the Consumer for all received payments, including delivery costs, immediately and at the latest within fourteen days of the day on which the Seller received notification of Consumer’s withdrawal from this contract (excluding additional costs resulting from delivery method selected by the Consumer which is not the cheapest regular delivery method offered by the Seller).
  3. The Seller shall use the same means of payment for the refund as the Consumer used for the original transaction unless expressly agreed on other method which shall be free of charge.
  4. The Seller may withhold the reimbursement until it has received the Product back, or the Consumer has supplied evidence of having sent back the goods, whichever is earlier.
  5. The Consumer shell send back the Product to the address stated in this Terms and Conditions without undue delay and in any event not later than fourteen days from the day on which the Consumer communicates the decision to withdraw from the Contract to the Seller. This deadline is met if the Consumer sends back the Product before the period of fourteen days has expired.
  6. The Consumer bears the direct costs of returning the Product including the additional cost if the Product could not be returned via standard postal service due to its specification.
  7. The Consumer is liable for any diminished value of the Product only where that results from handling of the Product in any way other than what is necessary to establish the nature, characteristics and functioning of the Product.
  1. If the Product cannot be returned via standard postal service due to its specification, the Client shall be informed about it in the Product description which states the return cost.
  2. The right of withdrawal from the Distant Contract is not attributed to consumer with respect to the     contracts:
  3. in which the object of the contract is a Product which is not prefabricated, produced according to Consumer’s specification or else used for satisfaction of individual needs,
  4. in which the object of provision is a good delivered in sealed packaging, after opening of which such good cannot be returned due to health protection or due to hygiene reasons once packaging has been opened after product delivery,
  5. in which the object of the provision is a good which is liable to deteriorate rapidly or else one with short best before date,
  6. for the provision of services, if the Seller has completed the service fully upon Consumer’s explicit consent, who has been informed prior to the commencement of the service provision, that following the completion of the provision by entrepreneur, he shall lose the right to withdraw from the Contract,
  7. in which the price or remuneration depends on the financial market fluctuations, over which the Seller exercises no control, and which may emerge prior to the expiry of the deadline for withdrawal from the Contract,
  8. in which the object of provision are goods, which after their delivery, due to their nature, are inseparably connected with other goods,
  9. in which the object of provision is alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sale contract and the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller,
  10. in which the object of provision is the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,
  11. in which the object of provision is the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,
  12. in which the object of provision is the the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

 

  • 11. Complaints and Warranty

 

  1. The object of provision of the Sale Contract is a new Product.
  2. The Seller shall provide the Client with a Product free of defects.
  3. In the event of a defect, the Client shall be entitled to claim the Product as determined in the Civil Code.
  4. A complaint shall be submitted via e-mail at addresses stated in this Terms and Conditions or via complaint form available on the Store website. It is advisable to add a brief description of defects, circumstances (including the date of its occurrence), the details of the customer filing the complaint and the customer’s request in relation with the defect of the goods.
  5. The Seller shall respond to the Consumer’s complaint request within 14 days at the latest and if the Seller fails to do so within this time limit, the Customer’s complaint is considered warrantable.
  6. The Products returned under warranty procedure shall be sent to the address states in § 3 of hereby Terms and Conditions.
  7. If warranty has been granted for a given Product, such information shall be stated in the Product description section in the Store along with warranty conditions.

 

  • 12. Out-of-court Complaint and Redress Procedures

 

  1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint consideration and redress methods, as well as the rules for accessing these procedures are available at the headquarters and on poviat (municipal) websites ) consumer spokesmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The customer has, among others, the following possibilities of using out-of-court complaint consideration and redress methods:
  1. The Customer is entitled to apply to a permanent amicable consumer referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Contract concluded with the Seller.
  2. The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
  3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .

 

  • 13. Privacy Policy

 

  1. The administrator of personal data collected via the Online Store is the Seller.
  2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sale Contract, and if the Client agrees – also for marketing purposes
  3. The The recipients of personal data of the Online Store Clients may be:
  1. In the case of a Client who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Client’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
  2. In the case of a Customer who uses the Online Store with the method of electronic payments or a payment card, the Administrator provides the Customer’s personal data collected to the selected entity operating the above payments in the Online Store.
  1. The Customer has the right to access their data and correct it.
  2. Providing personal data is voluntary, but failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Contract results in the inability to conclude this agreement.

 

  • 14. Final Provisions

 

  1. Contracts concluded through the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend the Terms and Conditions for important reasons, that is: changes in the law, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
  4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at http://ec.europa.eu/consumers/odr/.

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