Store Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

“www.poziom511.pl/sklep”§1 General Provisions

The online store operating at www.poziom511.pl/sklep, hereinafter referred to as the “Online Store”, is operated by Poziom 511 Sp. z o.o. with its registered office in Podzamcze at ul. Bonerów 33, postal code: 42-440 Podzamcze, entered into the National Court Register (KRS) under number 0000452486, being an active VAT payer registered under NIP 6492262765, REGON 24139101100000, with share capital of PLN 9,666,000.00, hereinafter referred to as the “Seller”.

These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Online Store and define the rules for using the Online Store as well as the terms and conditions for concluding Sales Agreements with Customers via the Online Store.

Placing an order with the Seller is equivalent to accepting the terms set out in these Terms and Conditions and applicable mandatory legal provisions.

Placing an order with the Seller for alcoholic beverages constitutes the Buyer’s consent to age verification and other requirements specified in the Act on Upbringing in Sobriety and Counteracting Alcoholism, necessary for the Seller to sell and deliver alcohol to the Buyer. In this respect, the Seller applies the provisions set out in §5.

§2 Definitions

Consumer – a natural person entering into a contract within the Online Store, the subject of which is not directly related to their business or professional activity.

Seller – the entity described in §1 section 1.

Customer – any entity making purchases via the Online Store.

Entrepreneur – a natural person, legal person, or organizational unit without legal personality, granted legal capacity by a separate act, conducting business activity in its own name and using the Online Store.

Store – the online store operated by the Seller at www.poziom511.pl/sklep.

Distance contract – a contract concluded with the Customer within an organized system for concluding distance contracts (within the Store).

Terms and Conditions – these Terms and Conditions of the Store.

Order – a declaration of intent made by the Customer via the Order Form aimed directly at concluding a Sales Agreement with the Seller.

Order Form – an interactive form available in the Store enabling placement of an Order, including adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment method.

Cart – a software element of the Store in which selected Products are visible, allowing modification of quantities and other order parameters.

Product – a movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.

Account – an electronic service marked by an individual login and password chosen by the Customer, enabling storage of data and order history.

Sales Agreement – a contract for the sale of a Product concluded between the Customer and the Seller via the Online Store.

Civil Code – the Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

Act on Upbringing in Sobriety and Counteracting Alcoholism – the Act of 26 October 1982 (Journal of Laws 1982 No. 35 item 230, as amended; consolidated text Journal of Laws 2021 item 1119).

Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended).

§3 Contact with the Store

1. Seller’s address: 42-440 Podzamcze, ul. Bonerów 33
2. Seller’s e-mail address: recepcja@poziom511.com
3. Seller’s phone number: +48 602 752 171
4. Seller’s bank account number: 24105015911000009070965737
5. The Customer may communicate with the Seller using the contact details provided in this section.
6. The Customer may contact the Seller by phone 24/7.

§4 Creating an Account in the Store

1. To create an Account in the Store, the Customer must complete the Registration Form. The following data are required:

a. Delivery address

b. In case of orders related to §6 of the Terms and Conditions – age

c. Login

d. Password

e. Contact e-mail address

1. Creating an Account in the Store is free of charge.
2. Logging into the Account is done using the login and password set in the Registration Form.
3. The Customer may delete the Account at any time, without providing a reason and without incurring any fees, by sending a request to the Seller, in particular via e-mail or in writing to the addresses indicated in §3.

§5 Rules for Placing Orders

1. Orders may be placed 24 hours a day, 7 days a week. In case of technical issues, please contact the Seller. In the event of technical problems, sales may be suspended by the Seller.
2. The conclusion of the contract and order fulfillment takes place after the Buyer makes payment by bank transfer to the Seller’s account in accordance with §7 section 4 of the Agreement.
3. For the avoidance of doubt under Article 70 §2 of the Polish Civil Code, it is stated that the sales contract is concluded in a physical retail location belonging to the Seller, while the online store serves as a communication tool between the Seller and the Buyer.
4. To place an Order, the Customer must:

a) select the Product and click “Add to cart” (or equivalent),

b) log into the Store or choose the option to place an Order without registration,

c) if ordering without registration – complete the Order Form by entering recipient details and delivery address, select delivery method, and provide invoice details if different,

d) click “Order and pay” / confirm the order by clicking the link sent via e-mail,

e) choose a payment method and pay for the order accordingly.

1. The price of the Product displayed in the Online Store is given in Polish zloty (PLN) and includes taxes. The Customer is informed of the total price including taxes, delivery costs (fixed at PLN 20.00 regardless of parcel size), transport fees, courier services, and any other costs during the order process. If costs cannot be calculated in advance, the Customer will be informed of the obligation to pay them.

§6 Rules for Selling Products from the “Alcohol” Section

1. The Buyer may only be a natural person who is at least 18 years old, or a legal entity or organizational unit without legal personality, acting through an adult person.
2. Only adults, sober persons, and persons who are not prohibited from purchasing alcoholic beverages under Article 15 of the Act on Upbringing in Sobriety and Counteracting Alcoholism are entitled to purchase and collect products from the Store, and who are not purchasing alcohol for resale.
3. In the case of delivery by courier, the Seller states that the person delivering the goods on behalf of the Seller is authorized to perform all actions required by the Act on Upbringing in Sobriety and Counteracting Alcoholism, including verification of age and sobriety of the recipient. Alcohol will not be released to a minor or a person who appears intoxicated.
4. By placing an order, the Buyer accepts the above rights and obligations and undertakes to prove their age, understood primarily as presenting an identity document confirming adulthood.
5. If the delivery person determines that the Buyer does not meet the conditions specified in section 3, they are entitled to refuse delivery. The order is then cancelled, and payment is refunded.
6. If false age data is provided, the Seller has the right to charge the Buyer for delivery costs of the cancelled shipment.
7. In case of personal collection, the Buyer agrees to age and sobriety verification by the Seller’s representative. Alcohol will not be released to underage or intoxicated persons.
8. The place of sale is the Seller’s registered premises: ul. Bonerów 33, 42-440 Podzamcze, in accordance with the obtained permit.

§7 Performance of the Contract

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order via the Online Store in accordance with these Terms and Conditions.
2. After placing the Order, the Seller immediately confirms receipt and acceptance of the Order for processing by sending an e-mail containing confirmation of receipt, acceptance for processing, and confirmation of the contract conclusion.
3. Delivery costs are borne by the Customer unless otherwise stated. Delivery costs are shown during the ordering process.
4. Delivery terms:

a) Products are delivered to the address indicated by the Buyer. Delivery time is determined individually.

b) Estimated delivery time is up to 4 business days from dispatch. Maximum order fulfillment time does not exceed 7 business days and in any case 20 days from contract conclusion. Processing may be delayed until payment is received.

c) Delivery is carried out within Poland via courier services.

1. Payment methods:

a) cash on delivery,

b) bank transfer to Seller’s account,

c) electronic transfer via ING Bank Śląski iMoje system.

1. If advance payment is not received within 2 days, the order is cancelled.
2. The Seller reserves the right to refuse orders with incorrect or incomplete data and to verify them before processing.
3. If order fulfillment is impossible, the Seller may suspend the order and inform the Customer.
4. The Buyer should check the parcel condition upon receipt and, in case of damage, refuse acceptance and prepare a damage report with the courier.

§8 Complaints and Warranty

1. In the event of a defect in goods purchased from the Seller, the Customer has the right to submit a complaint based on statutory warranty provisions under the Polish Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty. The complaint is hereinafter referred to as the “Complaint”.
2. Complaints regarding goods should include the identification of the claimant: name, surname (or company name), and the subject of the Complaint. Complaints should be sent to the Seller’s address, either in writing or by e-mail. Contact details are provided in §3 of these Terms and Conditions. Telephone communication serves only as a supplement to the complaint, which for validity requires documentary form; the parties also accept complaints submitted by e-mail.
3. The complaint period is 24 (twenty-four) months from the date of receipt of the goods by the Buyer. Complaints are reviewed within 30 days.

§9 Right of Withdrawal from the Contract

1. A Customer who is a Consumer has the right to withdraw from the contract within 14 days without giving any reason. The right expires 14 days after delivery of the goods.
2. To exercise the right of withdrawal, the Customer must submit a clear statement in writing or electronically to the Seller using the contact details provided in §3.
3. In the event of withdrawal, the Seller shall refund all payments received no later than 14 days from the date the Seller is informed of the decision. The Consumer does not incur any costs in connection with the refund. The Seller may withhold the refund until the goods are received.
4. The goods must be returned no later than 21 days after informing the Seller of withdrawal. The Consumer does not have the right of withdrawal if the goods are newspapers, periodicals, or magazines.
5. The Customer may use the withdrawal form attached to these Terms and Conditions.

§10 Other Rights and Obligations of the Parties

1. Product images are illustrative only and serve presentation purposes. The delivered goods may slightly differ from the description on the website.
2. To the fullest extent permitted by law, the Seller is not responsible for disruptions or interruptions in the Store’s operation caused by force majeure, unlawful actions of third parties, or incompatibility of the Store with the Customer’s technical infrastructure.
3. The Seller’s offer does not constitute an offer within the meaning of the Civil Code and is an invitation to submit offers (Article 71 of the Civil Code).
4. The current version of the Terms and Conditions is available on the Store’s website. The version accepted at the time of order placement applies during order processing.

11 Processing and Access to Personal Data

1. The administrator of Customers’ personal data collected via the Online Store is the Seller.
2. Personal data of Customers (the Administrator collects and processes the following personal data provided during the registration process in the Service: first name, last name, address, e-mail address, phone number) is collected for the purpose of performing the Sales Agreement, and, if the Customer consents, also for marketing purposes.
3. Placing an order with the Seller constitutes consent to the use and processing of the Buyer’s personal data for the purpose of order fulfillment in accordance with the Act of 29 August 1997 on Personal Data Protection (consolidated text: Journal of Laws 2014, item 1182). The Seller undertakes to protect personal data in accordance with applicable law. The Buyer has the right to access, correct, update, and delete their personal data. The Buyer may request in the order (by e-mail) that their personal data not be processed. Providing data is voluntary.
4. Personal data will be processed for the purposes of performing the provisions of these Terms and Conditions and in accordance with the content of consents granted to the Administrator. The legal basis for processing is the performance of a contract concluded by accepting the Terms and Conditions, and where applicable, consent of the data subject. Data will be processed for the duration necessary to perform the contract and for 10 years thereafter. Data processed based on consent will be processed until the purpose of processing ceases or until objection is raised, whichever occurs first.
5. Every person has the right to request access to their personal data, rectification, erasure, restriction of processing, data portability, and to object to processing based on consent.
6. Every person has the right to withdraw consent to the processing of personal data. Withdrawal does not affect the lawfulness of processing carried out before its withdrawal. Every person has the right to lodge a complaint with the supervisory authority. Rights of the data subject may be exercised by contacting the Administrator or Data Protection Officer. Users also have the right to obtain deletion of their data (“right to be forgotten”).

§12 Final Provisions

1. In matters not regulated by these Terms and Conditions, applicable law shall apply, including the Civil Code, the Consumer Rights Act, and the Act on Upbringing in Sobriety and Counteracting Alcoholism.
2. For Customers who are not Consumers, the Seller has the right to withdraw from the Sales Agreement within 14 days of its conclusion. Such withdrawal does not require justification and does not give rise to any claims against the Seller.
3. For Customers who are not Consumers, the Seller may limit available payment methods, including requiring full or partial prepayment, regardless of the selected payment method or concluded agreement.
4. Upon delivery of the Product to the carrier, all benefits, burdens, and risk of accidental loss or damage pass to the non-consumer Customer. The Seller is not responsible for loss, damage, or delays in transport.
5. Any disputes between the Seller and a non-consumer Customer shall be submitted to the court having jurisdiction over the Seller’s registered office.
6. The Seller may amend these Terms and Conditions at any time in relation to non-consumer Customers in accordance with applicable law.
7. Certain provisions of these Terms and Conditions applicable to Entrepreneurs do not apply to natural persons conducting business activity if the agreement concluded is not of a professional nature for them, as defined by the Central Register and Information on Economic Activity (CEIDG). Such Customers also have the right to withdraw from the contract under the conditions set out herein.