REGULATIONS OF THE ONLINE STORE
1. Basic information about the Online Store.
The Internet service in the form of the Store operating at … (hereinafter referred to as the “Store”)
is operated by Śląska Prohibicja Spółka z ograniczoną odpowiedzialnością
with its registered seat in Katowice (40-005) at ul. Moniuszki 10/1, entered in the Register
of Entrepreneurs of the National Court Register kept by the District Court
Katowice – Wschód in Katowice, VIII Economic Department under the
KRS number 0000654315, with the share capital of 520,000.00
PLN, having NIP number: 9542772838 and REGON number 366135096,
having e-mail address: restauracja@slaskaprohibicja.pl, telephone number: +48
32 723-28-99, hereinafter referred to as “Seller”.
1. General provisions.
2.These Regulations define the rules of sales
Goods by the Store with the use of means of distance communication, and
also the rules of use of the Store by the Customers, as well as offering additional functionalities (services
listed in these Regulations) via
the Internet Store.
3. In the scope of electronic provision of services, these Regulations are
regulations within the meaning of Art. 8 of the Act of 18 July 2002 on
provision of services by electronic means.
4. The Customer may at any time access the current version of these
Regulations at http://slaskaprohibicja.ploraz via
internet reference (link) located on the home page
of the http://slaskaprohibicja.pl Store, as well as at any time make its
printout.
III. Information about the Goods and prices.
1. Information about the Goods offered for sale is posted on
http://slaskaprohibicja.pl along with information on
characteristics and prices of the Goods. Offered for sale via
Online Store are only Goods marked as “Goods available”.
2. Prices of Goods are posted next to the description of the Goods. All prices
of the Goods placed on the website of the Store are given in
Polish zlotys.
3. The Store may make changes in the descriptions and prices of the Goods. The entitlement
above does not affect the prices of Goods ordered before the date
of the change.
4 Orders.
5. the Parties to the contract of sale of Goods concluded through the Store are
Seller and the Customer, which may be:
6. a natural person (with full or limited capacity to act
legal entity),
7. legal person,
8. unincorporated entity that, under separate
regulations, may acquire rights and incur obligations on its own
behalf.
9 Customer orders are accepted only through the website
of the Store http://slaskaprohibicja.pl after going through the entire procedure of placing
order.
10.Orders can be placed during the period of availability of the Store website
(as a rule, 7 days a week and 24 hours a day, but due to
technical limitations, the Seller does not guarantee the constant availability of
the Store website).
11.The contract of sale of Goods is concluded in the Polish language.
12.The contract of sale of goods is concluded when the Customer, after passing
the entire procedure, places an order (i.e. clicks the “Order” button), which means that
has accepted the Seller’s offer made through the Store. As of this moment
the sales contract concluded between the Seller and the Customer is legally
binding.
13.In the case of selection of the “on-line” payment method (by fast
electronic transfer or by card), the concluded Sales contract expires if
the Customer fails to make payment in accordance with the Regulations of the
service realizing these payments (PayU S.A.). In the case of payment by transfer
traditional, the concluded Sales agreement expires if the Customer does not
make payment within 5 (five) days from placing
the order.
14.Procedure for placing an order for Goods.
15.The Customer selects the Goods by clicking on the “Add to Cart” button. The
“Shopping Cart” window shows the number of selected Goods in
shopping cart, their unit price, value and total value of the entire
order.
16.By repeating the above procedure, the Customer can accumulate more
Goods in the shopping cart or increase their quantity.
17.The Customer can check the contents of his/her shopping cart by clicking on the
“Shopping Cart” button, where the Customer also selects the method of payment and
obtains the final information about the cost of delivery of the Goods.
18.At this stage, the Customer can also verify the contents of his/her shopping cart
and make any changes (e.g. the quantity of the Goods), recalculate the value or
remove the Goods. Clicking on the picture or name of the Goods opens
a page with detailed information about the Goods. In order to remove an Item from
the shopping cart, use the “X” button.
19.The Customer can continue shopping by clicking on the “Shop” button.
20.After adding all the ordered Goods to the Shopping Cart and final
checking its contents, the Customer proceeds to the next part of the
ordering procedure by clicking on the “Proceed to Checkout” button.
21.At this stage (Order Fulfillment), the Customer may specify the billing address,
specify a different delivery address than the billing address (residence / company) (otherwise
the Goods will be delivered to the billing address), as well as
specify in the comments whether he wants to receive a VAT invoice.
22.If all the data are correct, the Customer sends the order to the Store,
by clicking on the “Buy and pay” button. This is the moment when the
Contract is concluded (the terms and conditions of the
transaction in force at this moment are binding and final for the Seller and the Customer).
23.After sending the order, the customer is redirected to the “Fulfillment of
order” page, and in case of choosing the online payment method, to the
page of PayU service for online payment, and then to the
page “Fulfillment of order”.
24.At the same time, after sending the order, the customer receives an automatic e-mail
with information including confirmation of acceptance of the order for processing and
information on the status of his order.
25.Method, timing and cost of delivery.
26.The Store delivers the purchased Goods only in the territory of the Republic of
Poland.
27.The store offers the possibility of personal collection of the purchased Goods.
28.Delivery of the Goods shall be made to the address indicated in the Customer’s order
via the Polish Postal Service hereinafter (“Post”).
29.The period of delivery of the Goods consists of the time of execution of the order
(completion of the Goods, payment, issuance of the document
sale, packing of the package) and the time of delivery of the parcel by the Post Office.
This period is up to 5 working days in total, calculated from the day following
after the day the order was placed (for orders via online payment, provided payment is made in accordance with the rules of
PayU) or from the day of payment (for orders paid by traditional transfer).
30.The Seller shall make every effort to ensure that the Goods
ordered by the Customer are delivered within 2 working days from the date of order
or from the date of payment.
31.If the Store cannot deliver the Goods due to the fact that it turns out that the
Goods are not available, the Seller will immediately, but no later than within 30 days from
conclusion of the contract, notify the Customer of this fact and return the entire
sum of money received from the Customer. In the event that some
Goods covered by the order are not available, the Seller will suspend the execution
of the order and contact the Customer in order for the Customer to decide how to
execute the order. Then the Customer has the option:
32.to maintain the will to fulfill the order in the scope of available Goods,
or
33.to resign from the entire order, or
34.to change the order in the scope of unavailable Goods.
35.Delivery takes place, as a rule, on working days from Monday to Friday.
Detailed conditions of delivery are available on the website of the Post Office. Customer
does not have the option of ordering delivery on a specified day or time.
36.The cost of delivery may be affected by the method of payment chosen by the Customer for
Goods.
VII. Methods and forms of payment and refund.
1. the Customer may pay for the ordered Goods in the following ways:
2. online payment – via PayU using
“fast transfer” service offered by individual banks or using
supported payment cards,
3. ordinary transfer – bank or postal transfer directed to the account
of the Seller indicated on the page “Methods of payment”,
4. in person – in cash, at the Silesian Prohibition restaurant located at the following address:
ul. Bernarda Krawczyka 1, 40-423 Katowice.
5.. the Customer selects the method of payment when placing an order for Goods
(on the page “Basket” or “Order Fulfillment”).
6. It is not possible to select more than one form of payment (e.g. to
make two partial payments in different forms).
7 Depending on the payment method made by the Customer:
8. in the case of online payment (by fast transfer or card), the amount due for the
Goods charged, is as payment in advance, which means that the Goods become
dispatched upon receipt of payment made in accordance with the fulfillment rules
PayU service payments,
9.in case of payment by bank transfer to the Seller’s bank account,
the amount due for the Goods is collected, as payment in advance, which means that the Goods
are shipped upon receipt of payment,
10.in case of payment in cash in person, the amount due for the Goods is collected
upon delivery of the Goods.
11.In the event that the Customer has not paid for and received the goods of the shipment
paid on delivery, the order is terminated at the expiration of 5 days from
receipt by the Seller of the shipment back – unless within this time
the Customer contacts the Seller (by any means) and agrees on the terms
of re-delivery and this delivery is made. The above does not
exclude the possibility of the Seller to claim from the Customer the damage
incurred due to the unfulfilled order (in particular, the cost
of the shipment, which was not completed through his fault).
12.In the event that the Customer has not taken delivery of the Goods (shipment) paid in advance,
the Goods are sent back to the Seller. The Customer has the option to order
to resend the Goods. In case of re-delivery of the Goods, the Customer
will bear the shipping fee in the amount and according to the terms and conditions specified
when placing the order. The order is terminated at the end of 5 days from
receipt of the shipment back by the Seller – unless within this time
the Customer contacts the Seller (by any means) and agrees on the terms of
re-delivery and this delivery is made. The above does not
exclude the possibility of the Seller to claim from the Customer damages
incurred due to the unfulfilled order.
13
.The service of “fast electronic transfer” via the PayU portal
is provided by PayU S.A. with a registered seat in Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court
Poznań – Nowe Miasto and Wilda in Poznań under KRS number:
0000274399.
14.Detailed terms and conditions of making “on-line” payments via the
PayU portal are available on the website https://www.payu.pl/.
VIII. The right to withdraw from the contract by Customers who are Consumers.
(1) A customer who is a consumer may withdraw from the contract (that is, may
resign from a purchase made in the Store) within 14 (fourteen) days
– without stating a reason and without incurring costs.
(2) In the event that the goods are an obligation to provide services to the customer
who is a consumer and they have been performed in full with the express consent of
the customer, he loses the right to withdraw from the contract.
(3) The right of withdrawal shall not apply when the subject of performance
is an item delivered in sealed packaging, which, when opened
packaging cannot be returned for health reasons or for
hygienic reasons, if the package was opened after delivery,
(4) The right to withdraw from the contract is not available when the object of
is an item that is perishable or has a short shelf life
for use
5. A customer who is a consumer may withdraw from the contract by submitting to the Store
a statement of withdrawal from the contract. To meet the deadline for withdrawal from
the contract, it is sufficient to send the statement before its expiration or
the statement together with the Goods to the address of the Seller.
6. The statement of withdrawal can be submitted on the form constituting
Appendix No. 2 to the Act of May 30, 2014 on Consumer Rights (Journal of Laws.
2014, item 827). The relevant attachment is available on the
website of the store: http://slaskaprohibicja.pl
7. In the event that the Customer submits a statement of withdrawal, the store
will immediately confirm to the Customer in writing or by email
receipt of the statement of withdrawal.
(8) If the Customer exercises the right of withdrawal, the contract
is considered not concluded and the Customer is released from all obligations.
If the Customer made a statement of withdrawal before the Store accepted his offer,
the offer ceases to be binding.
9. submission of the declaration itself without simultaneous return of the Goods entails
the obligation to immediately, no later than within 14 (fourteen) days,
return the Goods.
10.To the statement of withdrawal or to the Goods, the customer should attach
the previously received Receipt or VAT Invoice.
11.Within 14 days from the date of receipt of the Customer’s statement of withdrawal from
contract, the Store shall return all payments received from the Customer, including the costs
of delivering the goods (except for additional costs resulting from
the method of delivery chosen by the Customer other than the cheapest ordinary
method offered by the Store).
12.The store shall refund the payment using the same method of payment,
that the customer used, unless the customer has expressly agreed to another way
of refund, which does not involve any costs for the customer.
13.The store may withhold the return of the payment received from the Customer until
receipt of the Goods back or the Customer provides proof of its
return, whichever event occurs first.
14.In the event of withdrawal from the contract, the Customer is obliged to return the Goods to
the store or give them to a person authorized by the Store immediately, but
no later than within 14 days from the date of withdrawal from the contract. To
meet the deadline it is sufficient to send back the Goods before its expiration The Customer
shall bear only the direct costs of returning the goods.
15.Customers who are not consumers do not have the rights described in
points 1-14 above (the right to withdraw from the contract).
16.Complaint of Goods by Customers who are consumers.
17.The store is responsible to the customer if the sold thing has a defect
physical or legal (warranty).
18.If the buyer is a consumer, and the physical defect was discovered before
one year from the time of issue of the thing, it is presumed that the defect or its
cause existed at the time when the danger passed to the customer. The Shop is
responsible to the Customer if the sold thing is the property
of a third party or is encumbered with a right of a third party, as well as if
the restriction in the use or disposal results from a decision or
ruling of a competent authority.
19.The Shop is exempt from liability under warranty if the Customer
knew about the defect at the time of the conclusion of the contract.
20.If the sold thing has a defect, the Customer may:
21.make a statement on price reduction;
22.make a statement on withdrawal from the contract;
unless the Store immediately and without excessive inconvenience for the Customer
replaces the defective thing with a defect-free one or removes the defect. However, if the
thing has already been replaced or repaired by the Store, or the Store has failed
to comply with the obligation to replace the thing with a defect-free one or to remove the defect, not
the Customer has the right to replace the thing or remove the defect.
(5) The customer, may, instead of the removal of the defect proposed by the Store, demand the following
exchange the item for one free of defects or, instead of replacing the item, demand
Removal of the defect, unless bringing the thing into conformity with the contract in the
way chosen by the Customer is impossible or would require excessive
costs in comparison with the way proposed by the Store, where
when assessing the excessiveness of the costs, the value of the item free from
defects, the type and significance of the defect found, and also takes into account
inconvenience to which the Customer would be exposed by another way of satisfaction.
6 The customer may not withdraw from the contract if the defect is insignificant.
7. if the sold thing has a defect, the customer may also:
8. demand to replace the thing with a defect-free one;
9. demand to remove the defect.
10.The store is obliged to replace the defective item with a defect-free one or remove
the defect within a reasonable time without undue inconvenience to the customer.
11.The seller may refuse to satisfy the customer’s request if
bringing the defective thing to conformity with the contract in the way chosen
by the buyer is impossible or in comparison with the other possible
way to bring it to conformity with the contract would require excessive
costs.
12.The customer who exercises warranty rights is obliged, at the expense of
Store, to deliver the defective item to the address of the Store.
13.The cost of replacement or repair shall be borne by the Store.
14.The store is obliged to accept the defective item from the customer in case of replacement
of the item with a defect-free one or withdrawal from the contract.
15.The store will respond within fourteen days to:
16.the statement on the demand for price reduction;
17.the statement on withdrawal from the contract;
18.the request to replace the item with a defect-free one;
19.the request to remove the defect.
Otherwise, it shall be deemed to have recognized as legitimate the statement or
request of the Customer.
14.The store is liable under warranty if the physical defect is found
before the expiration of two years from the time of delivery of the item to the customer.
15.The Customer’s claim for removal of defects or replacement of the sold item with a defect-free
item shall be time-barred at the expiration of one year from the date of discovery of the defect
but not earlier than two years from the moment of issue
of the item to the Customer, and if the object of sale is a used item before
the expiration of one year from the moment of issue of the item to the Customer.
16.In the event that the term
specified by the Store or the manufacturer for the usefulness of an item ends after the expiration of two years from the moment
of issuance of the item to the Customer, the Store shall be liable under warranty for physical defects
of this item found before the expiration of this term.
17.Within the time limits specified in § IX items. 15 -16, the Customer may submit a statement
to withdraw from the contract or reduce the price due to a physical defect of the item
sold, and if the Customer demanded replacement of the item with a defect-free one or
removal of the defect, the course of the deadline for submitting a statement to withdraw from
the contract or reduce the price begins upon the ineffective lapse of
the deadline for replacement of the item or removal of the defect.
18..If one of
warranty rights is asserted before a court of law or an arbitration court, the time limit for exercising other rights
to which the Customer is entitled under this title shall be suspended until
the final conclusion of the proceedings. Accordingly,
shall also apply to mediation proceedings, with the time limit for the exercise of other
warranty rights to which the Customer is entitled starting from the date
of the court’s refusal to approve the settlement reached before the mediator or
of the ineffective termination of mediation.
19.Complaining about the Goods by non-consumer customers.
Customers who are natural persons and who purchased the Goods for the purpose related to
professional or business activity, legal persons and entities
that do not have legal personality, have the right to file a complaint in
warranty mode for physical defects of the sold thing in accordance with the
Civil Code. To lodge a complaint under the warranty procedure,
item IX, paragraph 2. and item IX, paragraph 2. shall apply accordingly. 3. above.
1. Promotions.
2. The Store may organize promotions involving the price of one or more
number of Goods or other terms of purchase.
3. Promotions do not combine with each other (unless expressly provided otherwise in the terms and conditions of the promotion
).
4. Promotions do not include transactions made (agreements concluded) before
the day indicated as the initial day of the promotional period (unless expressly provided otherwise in
terms and conditions of the promotion).
XII. Newsletter.
1. Each interested party has the opportunity to subscribe to the
newsletter (Newsletter) of the Store.
2. The interested party will receive the Newsletter electronically at
e-mail address provided by him, if he voluntarily agrees to
delivery of correspondence to him by the Seller electronically.
3. The Customer may unsubscribe from the Newsletter at any time (by clicking on
the appropriate link provided in the correspondence sent or by contacting
the Seller).
XIII. Technical requirements.
In order to use the Store, the following is required:
1. connection to the Internet;
2. installation of an Internet browser on your computer. The browser
should support “cookies” technology;
3. having an e-mail account;
4. enabling JavaScript in the browser.
XIV. Privacy Policy
1 The store uses “Cookies” technology, but only for the purpose of
collecting information related to the Customer’s use of the Store
Such as:
2. maintenance of the Customer’s Internet session (after logging in), thanks to which the Customer
does not have to re-enter his/her password on each sub-page of the Store’s website,
3. adaptation of the Store’s website to the Customers’ needs,
4. c) Creation of viewing statistics for the Store’s website.
If the customer does not agree to the above, disable “Cookies” in
options of the Internet browser used.
2. connection to the store results in the recording of information resulting from
general rules for the implementation of connections on the Internet, such as IP address and other
information contained in Internet system logs, which
are used by the server administrator for technical purposes.
IP addresses may also be used by the server administrator for
statistical purposes – to collect and share general
demographic information (e.g., the region from which connections are made).
3. providing all personal data by the Customer is voluntary,
although refusal to provide data (name and surname, delivery address – street,
postal code, name of the city; telephone number, email address) will result
in the inability to purchase in the store. Personal data provided by the Customer will be
processed in order to execute placed orders and to provide
additional services related to placed orders.
4. If the Customer gives such consent, the Customer’s data will also be processed for
marketing purposes, including sending information regarding
new Goods, services and promotions offered by the Seller.
5The administrator of the Customer’s personal data is the Seller.
6. The basis for the processing of personal data for the purpose of order fulfillment,
documentation, settlement of contracts concluded through the Store
is the concluded contract and action prior to the conclusion of the contract. However,
in the case of commercial information sent electronically
the basis for processing is consent.
7. Data will be processed for the period necessary for the execution and settlement
of the order. In the case of newsletters, the email address will be processed until
the moment of withdrawal of consent or discontinuation of its operation.
8. In order to complete the delivery, the Customer’s personal data may be transferred
to companies providing postal and courier services.
9. Customers have the right to inspect their personal data, correct them
and demand their deletion. The right to request restriction of processing,
to object to processing and to lodge a complaint with the President
of the Office for Personal Data Protection. In the case of processing on
the basis of consent, Customers have the right to withdraw consent, without affecting
processing prior to withdrawal of consent.
10.Final Provisions.
11.The Customer undertakes to use the Store in a manner consistent with the provisions of
laws in force in the territory of the Republic of Poland,
provisions of these Regulations, as well as with the customs accepted in the given
scope, and not to provide or transmit
content prohibited by the provisions of applicable law.
12.Seller may change the Terms and Conditions and launch a new version of the Store.
The change shall become effective on the date indicated by the Seller, which
may not be shorter than 7 (seven) days from the moment the new
version of the Terms and Conditions is made available, with the proviso that sales agreements concluded before
the entry into force of the changes are conducted on the previous terms. If
any provision of the Terms and Conditions is declared
invalid by a valid court decision, the remaining provisions shall remain in force.
NOTICE OF WITHDRAWAL FROM CONTRACT
Right to withdraw from the contract:
A customer who is a consumer, may withdraw from the concluded contract within 14 days
without providing any reason. In the case of contracts involving
provision of services to the Customer and it has been performed in full with the express
consent of the consumer, the Customer loses the right to withdraw from the contract.
The deadline for withdrawal expires after 14 days, from the day on which
the Customer received the goods.
In order to exercise the right of withdrawal, the Customer must inform the Store about
his/her decision to withdraw from this contract by an unequivocal
statement (for example, a letter sent by mail, fax or
e-mail).
The Customer may use the model withdrawal form [click
here], but it is not mandatory. If the Customer uses this option,
we will immediately send the Customer an acknowledgement of receipt of the
withdrawal information on a durable medium (for example, by e-mail).
It is sufficient for the Customer to meet the deadline for withdrawal,
sending information on the exercise of the right of withdrawal before
the expiration of the deadline.
Effects of withdrawal:
In the event of cancellation of this contract, the Store shall return to the Customer all
payments received, including the costs paid by the customer for the delivery of the goods (from the
except for additional costs resulting from the method of delivery chosen by the Customer
other than the cheapest ordinary method of delivery offered
by the Store), immediately, and in any case no later than 14 days from the day,
in which the Store was informed of the exercise of the right of withdrawal from
this contract.
We will refund the payment using the same means of payment that
was used by the Customer in the original transaction, unless the Customer agrees to
another solution.
The customer will not incur any other fees in connection with this return.
The store may withhold reimbursement until it receives the item or until
the time it provides the store with proof of its return, whichever
event occurs first.
Please send or transfer the goods to the address of Silesian Prohibition Sp. z
o.o., 40-423 Katowice, Krawczyka 1, immediately, and in any case not
later than 14 days from the day on which the Customer withdrew from the contract. The deadline is
kept if the Customer sends back the thing before the expiry of the 14-day period.
In the case of withdrawal, the Customer bears the direct costs of returning the goods.
The Customer is responsible for the reduction in the value of the thing resulting from using it
in a manner other than it was necessary to ascertain the nature, characteristics and
functioning of the thing.