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Website Terms & Conditions
Art. 1 General Provisions
1. The website is available at www.winnicaksiezycowa.pl (hereinafter referred to as the "Website") and is operated by "IDEA" Katarzyna Zych, based in Krosno, NIP 6842412120, REGON 180362048 (hereinafter referred to as the "Operator").
2. These Terms and Conditions define the rules for using the Website by Clients, in particular regarding the placement of information and articles about wines (including production, varieties, and classification of wines) and for handling the sale of alcoholic beverages, selected other food products, and accessories related to alcohol consumption conducted by the Operator, for placing and recording Orders.
3. The Operator holds valid permits for the sale of alcoholic beverages intended for consumption off-premises, containing between 4.5% and 18% alcohol (excluding beer), permit no. XX/2022 dated 21.03.2023, issued by the Mayor of the Niebylec Commune, based on the Act of October 26, 1982, on upbringing in sobriety and counteracting alcoholism (i.e., Journal of Laws of 2021, item 1119, as amended) and Art. 106 § 1 of the Code of Administrative Procedure of June 14, 1960 (Journal of Laws of 2021, item 735, as amended).
4. Orders through the Website can only be placed by persons who are at least 18 years old.
5. Whenever the following terms are used in these Terms and Conditions, they should be understood as follows:
1) Personal Data Administrator – Operator;
2) Order Fulfillment Time – the number of business days needed by the Operator to complete the order placed by the Client on the Website and deliver it via postal operator or courier company to the address indicated by the Client in the Order;
3) Business Days – days of the week from Monday to Friday, excluding all days that have been designated as public holidays under separate legal provisions;
4) Consumer – a Client who is a natural person, making a legal transaction with the Operator, not directly related to their (the Consumer's) business or professional activity;
5) Account – a functionality of the Website enabling the purchase of goods, access to the history of orders placed through the Website, tracking the fulfillment of orders placed through the Website, access to data provided during registration with the possibility of modifying them in accordance with these Terms and Conditions;
6) Client – a natural person who is at least 18 years old, a legal person, or an organizational unit without legal personality, who uses the Website, and in particular makes purchases on the Website in accordance with the rules set out in these Terms and Conditions;
7) Terms and Conditions – these Terms and Conditions, available on the Website and at the Operator's registered office;
8) Order – a declaration of will made by the Client via the Website, equivalent to submitting an offer to conclude a sales agreement for products or services being the subject of the order (available in the offer on the Website at the time of placing the Order), specifying their type, quantity, personal data of the Client, form of payment, and method and place of delivery.
9) Store – the place of concluding sales agreements located at 38-115 Połomia 483a.
10) Power of Attorney Terms – the terms and template of the power of attorney posted on the"Power of Attorney Terms"page;
Art. 2 Rules for Using the Store
1. The Operator provides the following services electronically:
1) making it possible for the Client to set up an account on the Website, allowing for product reservations and the use of other services offered on the Website;
2) enabling individual Clients to make purchases of products on the Website without registering an individual account;
2. Registration of an Account on the Website is voluntary and free of charge.
3. The agreement for the provision of services for setting up and maintaining an individual account on the Website is concluded when the Client completes the registration form, accepts the Terms and Conditions, and consents to the processing of their personal data by the Operator.
4. Before registering an individual account on the Website, the Client should carefully read the content of these Terms and Conditions and the Privacy Policy.
5. After registering an individual account on the Website, the Client can log in to the Website by providing the email address and password indicated during registration. If the Client does not remember the password, they can use the password reminder by providing the email address used during account registration.
6. The Client may delete their account on the Website at any time and without giving any reason. Deleting the account results in the termination of the agreement for the provision of services for making the individual account available to the Client on the Website.
7. To delete an individual account on the Website, the Client should send a request to the Operator to delete the account via email to winnica@winnicaksiezycowa.pl or in writing to the Operator's postal address.
8. To use the services offered in the electronic Store, browse the content of the Website, place orders, and use the individual account on the Website, the following minimum technical requirements must be met:
1) Having a multimedia device with Internet access;
2) Having an internet browser: Mozilla Firefox, Opera, Google Chrome, Internet Explorer, or Microsoft Edge;
3) Having an active email account;
9. The Client undertakes to:
1) use the Website in a manner that does not violate the law or the provisions of these Terms and Conditions;
2) Use the Website in a way that does not infringe on the rights of third parties, good customs, or social norms.
3) Use the Website in accordance with its intended purpose and in a manner that does not disrupt its functioning.
4) Exercise due diligence in creating a secure password and login for the Website and maintain their confidentiality.
10. The Operator may terminate the agreement for maintaining an individual account on the Website with 14 days' notice if the Client violates the rules specified in section 9 above.
11. The termination notice for maintaining an individual account on the Website will be sent to the Client’s email address provided on the Website.
12. The Operator is not responsible for any consequences resulting from the Client sharing their login credentials with third parties.
Art. 3 Placing Orders and Conclusion of the Sales Agreement
1. Before placing an Order, the Client is required to carefully read these Terms and Conditions. By confirming the order on the Website, the Client simultaneously declares that they have read and accepted the provisions contained therein and consent to the processing of their personal data by the Operator for the purpose of fulfilling the Order.
2. The Operator provides electronic services enabling Clients to place Orders for products and services available on the Website. These services are free of charge and are provided as a one-time transaction, ending upon the completion of the Order.
3. Orders can be placed 24/7, all year round, excluding technical maintenance periods. Orders placed on non-working days will be processed on the first business day following the date the Order was placed.
4. The Operator accepts Orders via the Website as follows: The Client, while browsing the Website’s content, selects a product or service and, upon accepting the price, adds it to the order form available in the Cart section.
5. Once the products and services are confirmed in the order form, the Client specifies the quantity, selects the payment method, and the preferred delivery option. After final confirmation of the total price, the Client submits the Order by clicking the "Order with an obligation to pay" button and providing the necessary delivery details.
6. By confirming the Order, the Client declares that they take full responsibility for ensuring that the recipient of the Order is an adult.
7. The Order form requires the following information: Full name, Phone number, Email address, Delivery address.
8. After placing the Order, the Client will receive an order confirmation via email, containing a list of the ordered products and services, their individual prices, the total price, shipping costs, and the delivery method. The Operator reserves the ordered products until the personal collection of the Order or until the payment is received. The maximum reservation period for products is 3 days.
9. The proper fulfillment of the Order requires accurate completion of the order form. If there are any uncertainties regarding the provided Client details, the Operator may pause the Order processing and will notify the Client immediately.
10. The Client may collect the Order in person at the Store or authorize a third-party adult to collect the purchased products on their behalf. If the Client designates a courier service, they must specify the courier company during checkout. The courier company is authorized to grant further authorization to its employees for the purpose of collecting and delivering the Order. The courier is also required to verify the age of the recipient upon delivery.
11. The Sales Agreement is concluded and executed exclusively at the Store. Additionally, the Operator:
a) Provides the Client with the "Power of Attorney Terms" on the Website.
b) Is obligated to verify the age of the authorized person before handing over the goods.
Art. 4 Prices
1. All prices listed on the Website are in Polish zloty (PLN) and include VAT at the applicable rate.
2. The total price of the ordered products and services includes the shipping cost, which depends on the selected delivery method and payment option.
3. The price displayed for each product or service is binding at the time of placing the Order.
4. The Operator reserves the right to modify product and service prices on the Website, introduce new products and services, as well as conduct promotional campaigns and offer discounts.
5. Price changes do not affect Orders placed before the new pricing, promotional, or sales conditions take effect.
Art. 5 Payment Methods
1. The Client may pay for the Order using the following methods:
1) Cash on delivery:
a) In person at the Operator’s location.
b) Upon delivery by the postal operator or courier service.
2) Cashless payments before order collection:
a) Bank transfer to the Operator’s account.
b) Card payment, BLIK.
c) Authorization via Autopay S.A.
Art. 6 Delivery Terms
1. Orders may be collected in person at the Store free of charge or delivered to an address within Poland, as specified in the Client’s Order form.
2. The shipping cost is covered by the Client.
3. The delivery cost and total Order fulfillment time depend on the chosen delivery method.
4. The Client is informed of the shipping costs clearly before placing the Order, in the order form after selecting the delivery method.
5. Each Order includes a purchase receipt and information about the right to withdraw from the contract, along with a Return Form and Complaint Form to facilitate the return process.
6. The Client agrees to receive an electronic VAT invoice without a signature.
7. Before accepting a shipment, the Client should check the package for any damage incurred during transport. If visible damage is present, the Client should not accept the parcel and should prepare a damage report with the courier or postal worker. The Client must notify the Operator immediately.
8. The Operator will not deliver alcohol to intoxicated or underage individuals. If an Order is refused for these reasons, the Operator will immediately cancel the contract and refund the Client, deducting delivery costs. The courier is authorized to verify the recipient’s age.
Art. 7 Complaints
1. The Operator declares that all products available on the Website are brand new, original, and meet the specifications listed for each product.
2. The Operator is responsible for delivering products free from physical and legal defects and is fully liable for any defects that may arise, in accordance with the Civil Code.
3. Complaints regarding product defects may be submitted to the Operator: In person at the Operator’s registered office, By email, Or in writing to the Operator’s postal address.
4. A complaint should include, where possible: Client’s full name, Order number, Correspondence address for receiving the response, Email address (if the Client prefers an electronic response), Date of purchase, Product name and a detailed description of the defect, Date the defect was discovered, Client’s request and preferred method of response.
5. The Operator provides a Complaint Form on the Website, which serves as an example only. The Client is not obligated to use this form.
6. If a product is found to be defective, the Client may request a price reduction or withdraw from the contract, unless the Operator promptly and without significant inconvenience replaces the defective product or removes the defect.
7. The Operator will review the complaint as soon as possible, no later than 14 days from the date of receiving complaint.
8. If the submitted complaint lacks necessary details, the Operator will request the Client to complete the missing information based on the contact details provided in the complaint.
9. When submitting a complaint, the Client must return the defective product at their own expense, along with all accessories and a copy of the VAT invoice or receipt.
Art. 8 Right to Withdraw from the Contract
1. Under Article 27 of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827), the Consumer has the right to withdraw from a contract concluded remotely within 14 days without giving a reason and without incurring costs, except for those specified in Articles 33, 34(2), and 35 of the Act.
2. The 14-day withdrawal period begins from the day the Order is delivered or, in the case of a service agreement, from the day the contract was concluded.
3. The right to withdraw from a remote contract does not apply if the contract concerns: Audio or video recordings or computer software provided in a sealed package, if the package has been opened after delivery.
4. A withdrawal statement must be submitted to the Operator: In person at the Operator’s registered office, By email, Or in writing to the Operator’s postal address.
5. If withdrawing from the contract, the Consumer must return the product along with any complimentary items received, immediately, but no later than 14 days from informing the Operator of the withdrawal. The deadline is considered met if the Consumer sends the product before the 14-day period expires.
6. The Consumer is responsible for covering the costs of returning the product.
7. Upon withdrawal from the contract, the Operator will refund all payments received, including delivery costs, within 14 days. The refund excludes any additional costs arising from the Consumer choosing a delivery method other than the standard option offered by the Operator.
8. Refunds will be processed using the same payment method the Consumer used, unless otherwise agreed. The Consumer will not incur any additional costs related to the refund.
9. The Operator may delay the refund until the returned goods are received, or until the Consumer provides proof of returning the goods, whichever comes first.
10. The Consumer is liable for any diminished value of the product caused by improper use beyond what was necessary to determine its nature, features, and functionality.
11. The Operator provides a Withdrawal Form on the Website, which is for reference only and not mandatory for the Consumer.
Art. 9 Product Exchange
1. Every Client has the right to exchange any product purchased on the Website within 14 days of receipt, for any other available product, without providing a reason.
2. The exchange does not apply to: Audio or video recordings or computer software in a sealed package, if the package has been opened after delivery.
3. To request an exchange, the Client must notify the Operator: In person at the Operator’s registered office, By email, Or in writing to the Operator’s postal address.
4. For the exchange to be accepted, the product must be returned to the Operator along with any complimentary items, immediately, but no later than 14 days from the exchange request.
Art. 10 Alternative Dispute Resolution (ADR)
1. Detailed information on alternative dispute resolution (ADR) for consumer complaints and claims is available at the offices and websites of local consumer advocates, consumer protection organizations, and Voivodeship Trade Inspection Authorities, as well as the following websites:
1) http://www.uokik.gov.pl/spory_konsumenckie.php
2) http://www.uokik.gov.pl/sprawy_indywidualne.php
3) http://www.uokik.gov.pl/wazne_adresy.php
2. Consumers have the following options for alternative dispute resolution:
1) Applying to a Permanent Consumer Arbitration Court for a resolution under Article 37 of the Act on Trade Inspection of December 15, 2000 (Journal of Laws 2001, No. 4, item 25, as amended).
2) Applying to a Voivodeship Trade Inspectorate to initiate mediation proceedings for an amicable settlement between the Consumer and the Operator.
3) Receiving free legal assistance from a local consumer ombudsman or consumer organizations such as the Consumer Federation or the Polish Consumers’ Association. Consumer Federation Helpline: 800 007 707, email: porady@dlakonsumentow.pl
Art. 11 Processing of Personal Data
1. Personal data provided by the Client during registration or when placing an Order is processed in accordance with the Privacy Policy available on the Website.
Art. 12 Final Provisions
1. These Terms and Conditions are publicly available on the Website and can be obtained, reproduced, and stored electronically or in printed form at the Operator’s registered office.
2. The information and pricing listed on the Website do not constitute a legally binding offer under Article 66 of the Civil Code.
3. Contracts concluded via the Website are executed in Polish.
4. A record of the contract content will be sent to the Client’s email address after the transaction.
5. The Operator reserves the right to amend these Terms and Conditions.
1) Information about any changes to the Terms and Conditions will be published on the Website, along with the updated full text and a summary of the most recent changes.
2) Registered Clients will also be notified of the changes via email, sent to the address provided during registration.
3) Clients will be informed of any changes at least 2 days before they take effect.
4) The amended Terms and Conditions will apply to registered Clients unless they submit a statement of termination of the service agreement within 2 calendar days of receiving the notification about the changes.
5) In the event of changes to these Terms and Conditions, all agreements concluded before the effective date of the amendments will be executed in accordance with the version of the Terms and Conditions in force at the time of concluding the agreement.
6. In matters not covered by these Terms, Polish law shall apply.
7. If any provision of these Terms is found invalid, the remaining provisions remain in effect.
8. These Terms and Conditions are effective as of January 28, 2024.
