e-Shop Terms & Conditions

INTERNET SHOP REGULATIONS

1. The website available at  https://browarwielkasowa.pl  (hereinafter: Website) is administered by BROWARWIELKASOWA.PL Sp. z o. o. with its registered office in Bielawa (58-2060), ul. Stefana Żeromskiego 9, entered into the register of entrepreneurs by the District Court for Wrocław Fabryczna in Wrocław, 9th Commercial Division of the National Court Register under KRS no.: 0000938952, REGON: 520686644, NIP: 8822139260, share capital: PLN 5,000 (hereinafter also: the Brewery), which, inter alia, holds a valid and current licence, issued by an authorised body, to sell category A alcoholic beverages - including beer - at a retail outlet located in Bielawa at 9 Stefana Żeromskiego Street, which alcoholic beverages are intended for consumption outside the point of sale.
2. These Rules and Regulations set out the norms governing the operation of the Website and the services provided therein by electronic means, within the meaning of Article 8 of the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws of 2020, item 344).
3. Access to the current and integral content of the Terms and Conditions is provided by the Brewery at   https://browarwielkasowa.pl/regulamin/11. Contact the Brewery: Poland, Bielawa (58-2060) 9 Stefana Żeromskiego Street, shop@browarwielkasowa.pl , ph. +48 530-173-900
4. Advertisements, price lists or other commercial information presented on the Site do not constitute an offer.
5. For the avoidance of any doubts of interpretation, the Brewery declares that the place of concluding sales agreements is exclusively the retail outlet located in the premises in Bielawa at 9 Żeromskiego Street.

Chapter 1

The terms used in this document have the following meaning:

1. Brewery – the company under the name of  BROWARWIELKASOWA.PL Sp. z o. o. with its registered office in Bielawa (58-2060) ul. Stefana Żeromskiego 9, entered in the register of entrepreneurs by the District Court for Wrocław Fabryczna in Wrocław, 9th Commercial Division of the National Court Register under KRS no.: 0000938952, REGON: 520686644, NIP: 8822139260, share capital: PLN 5,000, the administrator of the Website on which he operates the Internet Platform, an entity providing electronic services at https://browarwielkasowa.pl, an entity holding a valid and current licence issued by an authorised body for the sale of alcoholic beverages cat. A - including beer - at a retail outlet located in Bielawa at 9 Żeromskiego Street, which alcoholic beverages are intended for consumption outside the point of sale, or - depending on the context - the Brewery building located in Bielawa at 9 Żeromskiego Street, which houses a retail outlet for take-away consumption.
2. Consumer – User, being a consumer within the meaning of Article 22[1] of the Act of 23 April 1964. - Civil 
   Code (hereinafter the "Civil Code"), i.e. a natural person making a legal transaction with the Brewery which is not directly connected to its economic or professional activity.
3. Account – an Internet account, maintained for a User by the Brewery under a unique name (login) and protected (password), which is a collection of resources, in particular data made available by the User and information about his or her activities on the Website and the Internet Platform.
4. Online Platform – an electronic service provided via the Website for the reservation of Products available in the Shop.
5. Products – movables produced by the Brewery, in particular in the form of bottled alcoholic products with an alcohol content of up to 7%, including, in particular, various types of beer.
6. Registration – the process ending with the creation of an Account.
7. Terms and Conditions – this document.
8. Reservation – a service provided by the Brewery which consists of enabling the User to make a reservation of a particular Product or Products in order to purchase them at a later time under the conditions agreed during the Reservation. Making a Reservation is the same as making an offer to the Brewer by the User to conclude an agreement of sale of the Products which are the subject of the Reservation.
9. Shop – a stationary point of sale run by the Brewery, located in Bielawa (58-260) at ul. Żeromskiego 9, covered by a valid and current permit issued by an authorised body for the sale of category A alcoholic beverages - including beer - intended for consumption outside the point of sale.
10. User – a natural person over 18 years of age with full legal capacity, a legal person or an organisational unit without legal personality, who has performed the Registration or made use of the services provided by the Website.
11. Website – a website maintained in the Polish language on the World Wide Web, which includes, among others, the Online Platform for Product Reservation, which also provides other services, available at https://browarwielkasowa.pl.

Chapter 2

1. These Terms and Conditions constitute a set of rules regulating the conditions and use of the Website and the Internet Platform by Users.
2. Correct use of the Website and the Online Platform requires the User to have access to the following hardware and software: a personal computer with access to the Internet, at least one of the web browsers in versions no lower than: Opera 68, Microsoft Edge version 44, Mozilla Firefox version 75, Google Chrome version 81
3. Services provided on the Website by electronic means consisting primarily of handling the Reservation process, whereby each Reservation process is treated separately, which means that it constitutes an independent service provided at the initiative and for the benefit of a specific User.
4. The User's commencement of actual actions which are conditioned by the possibility of using the services provided as part of the Website and Web Platform shall be obliged to comply with the provisions of these Terms of Use and all relevant provisions in force in the Republic of Poland.
5. It is forbidden to use the Website, including the Online Platform, contrary to applicable law and these Terms of Use, in particular: impersonating another person's data, using another person's payment instruments, infringing the rights of the Brewery or third parties, as well as providing content which is contrary to good morals or applicable law.

Chapter 3 

1. Registration takes place in the following stages:
   1. activation of a dialog box with an interactive registration form;
   2. acceptance of the provisions of these Terms of Use, submission of a statement that the user is over 18 years of age and has full legal capacity, consent to the processing of personal data by the Brewery, as well as to the receipt of electronic correspondence on the operation of the Site and the services provided via the Site, to the e-mail address provided;
   3. creation of an Account with a login and password.
2. Registration is entirely voluntary, although necessary to be able to receive the services provided through the Website Platform.
3. The contract for the provision of services by electronic means by means of an Account is concluded for an indefinite period of time, whereby each User may deactivate their Account at any time, which shall constitute a termination of the contract.

 Rozdział 4 

1. Reservations are accepted through the Online Platform available on the Site which presents commercial information about the Products of the Brewery. Information on the Products presented on the Online Platform does not constitute an offer within the meaning of the provisions of the Civil Code. Content made available on the Online Platform constitutes only information about Products available for purchase at the Brewery after the User has made a Reservation. The place of concluding agreements and issuing Products is exclusively the retail outlet located in Bielawa at ul. Żeromskiego 9.
2. Adding the Product to the shopping cart and completing the booking process is tantamount to the Reservation of the Product, allowing the Product to be purchased exclusively at the Brewery located in Bielawa at ul. Żeromskiego 9.
3. When completing the Reservation procedure, the User should select:
   1. the type of Products covered by the given Reservation,
   2. the number of Products included in the given Reservation,
   3. preferred collection date,
   4. preferred collection method, i.e. directly or through an authorised messenger - courier;
   5. the preferred method of payment, whereby in the case of collection of the Products by courier - the payment is made online via the Autopay payment platform.

      Autopay S.A. is the provider of the online payment service.

      Available payment methods: 

      Payment cards:

      ◦ Visa 
      ◦ Visa Electron
      ◦ Visa Mobile
      ◦ Mastercard 
      ◦ Mastercard Electronic
      ◦ Maestro
      ◦ ApplePay
      ◦ GooglePay

4. The Platform is addressed exclusively to persons of full legal age and the Booking can only be made by Users who have made a declaration that they are of full legal age and have full legal capacity. The declaration is contained in the Booking form.
5. The prerequisite for the Brewery to proceed with the Booking service is correct completion and approval of the Booking form by the User.
6. The receipt of the Products included in the Reservation takes place only in the Store, on the days and during the hours of operation specified on the Site, and only by persons of legal age and who are sober at the moment of concluding the agreement (receipt of the Products).
7. The processing time for a Reservation, where the User chooses to pay by bank transfer, electronic payment or payment card, is calculated from the date the Brewery’s bank account is credited and is usually 2–3 working days.
   A consumer who has entered into a distance contract or a contract outside the Brewery’s premises has the right to withdraw from it without giving any reason within 14 days.
   If the fulfilment of a given Reservation were to be delayed for any reason, the Brewery will immediately notify the User of this at the telephone number or e-mail address indicated by the User.
8. The Brewery makes every effort to ensure that the Products covered by the Reservation, when prepared for collection, are properly packaged and free from defects.
9. The Brewery does not ship or deliver the Products covered by the Reservation. If personal collection is not possible, the User, in his/her own name and on his/her own behalf, may have the Products covered by the Reservation collected from the Store by a third party courier service provider (courier). If the User chooses the option of having the Products picked up by a third party, the release of the Reserved Products to the User takes place at the moment of delivery by the Brewery to the person authorised by the User (courier). Ownership of the Products covered by the Reservation passes to the User at the moment of handing them over by the Brewery to the above-mentioned authorised person (courier).
10. By ticking the option "Courier delivery" on the Reservation form, the User declares that he/she authorises an employee of the Store to collect the Products covered by the Reservation at the Store, to conclude and perform the sales agreement of the Products covered by the Reservation in the name and on behalf of the User.
11. If the User orders the collection of the Reserved Products to a courier, the costs related to the courier service shall be borne by the User.
12. If the User orders a courier to pick up the Reserved Products, the User agrees that the courier will confirm the identity and age of the User (or the person authorised by the User) when handing over the Products, and agrees that the courier may refuse to hand over the Products if the courier finds that the User (or the person authorised by the User) is underage or intoxicated. In the event of such circumstances, the Reservation contract shall be cancelled in respect of all Products and with immediate effect.
13. The User declares that, irrespective of the option chosen to pick up the Products, the Products may only be handed over to a person who is sober and of legal age.
14. The Brewery reserves the right to contact the User by telephone, in particular to verify the data entered by the User in the Reservation form.
15. The agreement on the sale of Products between the User and the Brewery is concluded only in the Shop. In particular, such an agreement is not concluded on the Site or the Online Platform.
16. The Brewery reserves the right to refuse to accept and the right to cancel a Reservation for the following reasons:
    1. exhaustion of the product range to which the Reservation relates,
    2. the User not having sufficient funds to purchase the Reserved Products,
    3. indicating in the Booking a volume lower than the minimum or higher than the maximum volume of a single Booking amounting respectively to 12 and 36,
    4. failure to collect the reserved Products within more than 14 days from the day of Reservation,
    5. to make it impossible or difficult to ascertain the age of majority or sobriety of the person to whom the Reserved Products are to be delivered.

Chapter 5 

1. All price information on the Site is given in Polish currency in gross terms. Prices are quoted per 1 bottle of a given Product of 0.5 litre, unless expressly stated otherwise.
2. Payments are made upon the collection of the Products in cash or by payment card and - in the case of collection of the Products by courier - by bank transfer through the Autopay payment platform.

Chapter 6 

1. The User should submit any complaints, including complaints regarding the quantity or quality of the purchased Products by mail to the following address: BROWARWIELKASOWA.PL Sp. z o. o., ul. Żeromskiego 9, 58-260 Bielawa or electronically to the following e-mail address of the Brewery:  shop@browarwielkasowa.pl.
2. The Brewery will take a position on the received complaint immediately, but no later than within 14 days, counting from the date of its delivery (in the case of a complaint lodged by post) or transmission (in the case of a complaint lodged by e-mail). The Brewery's silence - after the expiry of the aforementioned period - will be understood as acknowledgement of the complaint.
3. If the defects of the Products covered by the complaint are found to be material, the Products may - at the request of the complainant - be exchanged for new ones (identical or the most similar), their price may be reduced or the Buyer may return the Products for a refund.
4. If it is determined that the Products covered by the complaint are free of defects or that the defects reported are not material, the complaint will be rejected.
5. The Brewery reserves the right to inspect the Products and the place of storage of the Products to which the complaint relates, as well as the right to take samples, photographs and the like, all under the conditions previously agreed with the complainant.
6. Quantitative shortages or damage to packaging must be reported by the purchaser at the latest when taking possession of the Products.

Chapter 7 

1. Under the terms and conditions of this Section, each User who is a Consumer has the right to withdraw from the Reservation Agreement concluded at a distance, without giving any reason and without incurring costs.
2. The right of withdrawal may be exercised within 14 days from the date of the Reservation of the Products by submitting a written statement to the address: BROWARWIELKASOWA.PL Sp. z o. o., ul. Żeromskiego 9, 58-260 Bielawa or by email to the following email address: shop@browarwielkasowa.pl. If the withdrawal declaration is sent by post, the postmark date is decisive. The withdrawal form with instructions is attached.
3. The right to withdraw from the contract does not apply after the receipt of the Products reserved by the User collected in person.
4. The Brewery shall immediately, but not later than within 14 days from the date of receipt of the User's declaration of withdrawal from the agreement, return to the User all payments made by the User towards the agreement in question.
5. The return of payments shall be made by such method of payment as was used by the User. By separate agreement, the Parties may agree on a different method of payment refund, provided that it does not involve additional costs for the Consumer.
6. When returning goods, the User shall bear the shipping costs.

Chapter 8 

If the User has created an Account, this means that he/she has consented to the processing of his/her personal data under the terms of the Privacy Policy.

Chapter 9

1. Any disputes relating to the functioning of the Site will be resolved amicably through a bilateral, confidential and documented exchange of information. If no agreement is reached within 14 days, counting from the day on which the dispute arose, either party may submit the dispute to the court having jurisdiction over the seat of BROWARWIELKASOWA.PL Sp. z o.o. in Bielawa.
2. The provisions of these Rules may be amended by Browar, with such amendments becoming effective no earlier than on the day following their announcement. Announcement of the changes takes the form of making a new, uniform text of the Rules and Regulations available.
3. When administering the Site, Browar takes proportionate organisational and technical measures to prevent unauthorised access to personal data sent over the Internet in connection with the provision of services to which these Rules apply.
4. In matters not regulated herein, the provisions of law in force in the Republic of Poland shall apply.