Terms of Service WWW.LOISWINE.COM
1. General provisions
1.1. Website at www.loiswine.com it is run by Loiswine Limited Liability Company, ul.Domaniewska 17/19 Lok. 133 02-663 Warsaw, entered in the register of entrepreneurs maintained by the district court for the city of Warsaw in Warsaw, XIII economic department of the National Court register, under KRS number: 0000834096, nip number: 5213893332 and Regon number: 385794295, with a share capital of PLN 80,000.
1.3.The seller declares that he has valid permits for the sale of all types of alcoholic beverages issued by an authorized body.
1.4. The place of conclusion of sales contracts is the point of sale located in Krakow, Zabłocie 19A /196, 30-701, phone: 48 459590001 , e-mail: firstname.lastname@example.org
1.5. These regulations are the regulations referred to in Article 8 of the act on the provision of services by electronic means.
1.6. This regulation lays down in particular:
a) rules for registering and using your account on the site;
b) terms and conditions of electronic booking of goods in the store;
c) terms and conditions of electronic submission of orders for the purchase of goods in the store;
d) rules for the conclusion of sales contracts using the services provided within the site.
1.7. The use of the site is possible subject to the following technical requirements necessary for cooperation with the information and communication system:
a) having a PC-class computer or other device that allows you to use the service,
b) internet access,
1.8. If you use the site via a tablet, phone or other mobile device, some of the site’s functionalities may not work properly or not work at all, and the use of certain electronic services provided within the site may be impossible or difficult.
1.9. The user of the site is prohibited from providing illegal content, as well as making any interference with the content contained in the site without the consent of the seller.
1.10. The site is intended for persons who are over 18 years of age.
1.11. You may access these terms and conditions at any time via the link provided on the main page of the website and download and print them.
1.12. The seller asks you to read the terms and conditions before using the site. If you do not accept the terms and conditions in whole or in part, the seller asks you not to use the site.
2.1. Seller – Loiswine LLC with its registered office in Warsaw, ul. Domaniewska 17/19 Lok. 133 02-663;
2.2. Website – website located at www.loiswine.com;
2.3. Shop-point of sale located in Krakow, Zabłocie 19A /196, 30-701, phone: 48 45959000, e-mail: email@example.com;
2.4. Goods – goods presented on the site, available for sale in the store;
2.5. Customer – any customer purchasing goods;
2.6. Consumer – a natural person who acquires goods from a seller for a purpose not directly related to his economic or professional activities;
2.7. User – any person visiting the site;
2.8. Registration – the process of creating an account by the user on the site, involving the provision of personal data;
2.9. My account-marked with an individual name (login) and password, a collection of resources in the seller’s information system, in which the data of the user who registered on the site is collected;
2.10. Guest-unregistered user who places orders through the site;
2.11. Product page – the page on the website where information about the product is presented;
2.12. Working day-one day from Monday to Friday, excluding statutory days off from work.
3. Conditions for the award of contracts
3.1. The condition for placing an order through the site is to provide the necessary information to fulfill the order or register, and read the contents of these terms and conditions, as well as the acceptance of the terms and conditions by the user.
3.2. Placing an order is done by filling out the appropriate order form available on the site. All sales contracts concluded on the basis of orders placed through the website are concluded and executed at the point of sale owned by the seller located in Krakow, Zabłocie 19A /196, 30-701 (shop).
3.3. Confirmation of the order by the customer is tantamount to the submission of a statement that the customer assumes responsibility for the receipt of the purchased goods by a person of legal age. Placing an order is also the same as the customer’s statement that he is not a person who, in accordance with Article 15 of the law on sobriety education and combating alcoholism, is prohibited from selling alcoholic beverages and that he does not purchase alcohol for the purpose of further resale.
3.4. After placing an order, the customer receives an e-mail address specified during the ordering process (the customer placing the order as a guest) or saved in the My Account tab (the customer registered), confirmation of order acceptance and order details.
3.5. The seller will confirm the acceptance of the order within one working day from the moment of its receipt. If the order was placed on a Saturday, Sunday or a public holiday, the seller will confirm receipt of the order on the first working day. After this period, the customer is no longer bound by the content of the order.
3.6. Refusal to accept the order occurs when:
a) the goods are not available in the seller’s warehouse;
b) the data provided by the customer are incomplete, incorrect or give rise to reasonable doubts as to the veracity;
c) the customer has not received the goods covered by the previous order;
(d) there have been random events beyond the control of the seller.
3.7. The seller may also, within the period provided for the confirmation of acceptance of the order, contact the customer using the e-mail address or phone number provided during the ordering process (the customer placing the order as a guest) or saved in the My Account tab (the customer registered) and:
a) inform the client about the extended period of execution of the order for the given goods, indicating at the same time what is the term – if the client does not accept the extension of the term of execution of the order within three working days, then the order is canceled,
b) verify the accuracy of the data provided by the customer in the order, if they raise reasonable doubts about their accuracy,
(c) explain any doubts concerning the details of the order submitted by the customer.
3.8. Information about the cost of the shipment and all other possible costs associated with the implementation of the sales contract or with the delivery of the goods to the buyer (if the buyer has indicated the option of delivery of the goods when placing the order) will appear after selecting the form of receipt of the goods and the form of payment in the order summary. This information is also contained in the document “forms of payment” and ” cost and time of delivery. Other conditions”.
3.9. A sales document in the form of a fiscal Receipt shall be issued for each order. The sales document is issued at the moment when all the goods selected for the order are completed and ready for collection. A VAT invoice is issued at the customer’s request. The seller informs that in accordance with the provisions of the law on tax on goods and services in force from 1 January 2020. The seller may issue an invoice to the taxable person for VAT or value added tax only if the customer provides his VAT UE number when placing the order, otherwise the seller will not be able to issue an invoice with the customer’s VAT UE number at a later date.
3.10. The seller reserves the right to impose restrictions on the quantity of goods ordered and the value of orders, the customer will be informed of such possible restrictions before the customer confirms the order.
3.11. The seller reserves the right to enter club or promotional prices and carry out other types of promotions and sales, which may be regulated by specific regulations. The customer is entitled to take advantage of the above promotions or sales, which are available at the time of the customer’s order syntax.
3.12. The seller reserves the possibility to grant a discount, according to the selected forms of payment, which the customer will be informed about at the latest at the time of placing the order.
3.13. The registered customer is obliged to inform the seller about every change of e-mail address or phone number by updating the data in the “My Account” section.
3.14. The user is solely responsible for the content of the data provided by him, as well as for the choice of login and password for the account. You are also solely responsible for disclosing your login or password to others.
3.15. Accounts that have not been used for more than 3 years after the last login may be deleted by the seller without prior notice to the user.
4. Prices and forms of payment
4.1. All prices presented on the website are gross prices (including VAT in accordance with applicable regulations) and are expressed in Polish zloty. The binding price is the price indicated on the website at the time of placing the order. In case of doubt, the seller reserves that the prices do not include the cost of the shipment, which is a service provided at the request of the customer by the courier company.
4.2. Information about the total value of the order is presented on the site before the customer accepts the completed order, the total value of the order includes the total gross price of the ordered goods, as well as delivery costs, if the customer has chosen this option, and possible specific costs associated with the customer’s chosen form of payment.
4.3. Payment for the ordered goods can be made by the customer of his choice through one of the following methods:
a) personally when picking up the order in the store;
b) by traditional transfer to the seller’s bank account – the payment must be made to the bank account number: in PLN 51 1050 1025 1000 0090 3257 4957, in EUR 29 1050 1025 1000 0090 3257 4965 in ING Bank Śląski S. A. with the following seller’s details: Loiswine Spółka z ograniczoną odpowiedzialnością, ul. Domaniewska 17/19 Lok. 133 02-663 WARSZAWA – order execution will start after posting the full amount of the required payment for the submitted order in the seller’s account;
C) via the electronic payment service imoje (the service is provided by ING Bank śląski S. A., ul.Sokolska 34, 40-086 Katowice) – by choosing this form of payment the customer is redirected to the bank’s transaction service, after logging in the customer receives a transfer form ready for acceptance with the appropriate amount, transfer title and recipient’s data.
4.4. In the case of selected goods, the seller reserves the possibility to exclude certain methods of payment for the order, while the consumer is never obliged to pay the price before receiving the goods.
5. Receipt or delivery of goods
5.1. The customer undertakes to pick up the ordered goods at the point of sale located in Kraków, Zabłocie 19A /196, 30-701 (shop) on days from Tuesday to Saturday from 12 to 20. The customer may pick up the goods personally or through another person authorized by the customer. The customer may also use the services of a courier or other company cooperating with the seller, which will pick up the ordered goods from the store and deliver them to the place of delivery indicated by the customer in the order.
5.2. Information about the readiness of the goods for collection will be sent to the e-mail address indicated by the customer when placing the order. The person who picks up the goods will be obliged to provide the name of the customer and the order number. A written confirmation of receipt of the goods is a prerequisite for acceptance. The seller reserves that the goods will not be given to a minor or inebriated person. The seller is entitled to verify the legal age of the person receiving the goods.
5.3. The costs of delivery of the goods by the courier company, which the customer bears in addition to the price for the goods, are indicated on the site when placing an order.
5.4. If the customer chooses the option of delivery of the goods, the delivery of the goods to the customer occurs at the time of the seller’s delivery of the ordered goods to the courier company. At the same time, by selecting the option of delivery of goods via a courier company in the order, the customer declares that he authorizes the courier to receive the goods on his behalf.
5.5. The seller reserves that the ordered alcoholic beverages will not be issued by the courier to persons who are not drunk or underage. In case of occurrence of the above event, the seller shall submit within 3 days, from the date of finding of these circumstances, a declaration of withdrawal from the contract and shall return the money paid to the customer, deducted from the delivery costs. The courier is entitled to verify the legal age of the person receiving the goods.
5.6. Deliveries are carried out through a courier company on the territory of European countries, on working days, at the cost of the client, as shown in the summary of the order submitted by the client. Regardless of this, the courier May, but is not obliged, to contact the telephone number indicated by the customer, in order to confirm the presence at the place of delivery.
5.7. The goods are delivered by the courier company to the address of the recipient, indicated in the order form within 3 working days. The delivery time is calculated from the moment of posting the total amount of the required payment for the submitted order in the seller’s account-in case of choosing the payment methods referred to in point 4.3. (B) or (C) of the rules of procedure.
5.8. The customer will be immediately informed by the seller of the delivery of the ordered goods to the courier company by sending the relevant information to the e-mail address specified in the order.
5.9. The document confirming the sale is attached to the parcel received by the courier company and delivered to the delivery address indicated by the customer.
5.10. When receiving a parcel, check in the presence of the Courier that the package has not been damaged during transport and that the contents of the parcel are in accordance with the contents of the order and the attached sales document (receipt or VAT invoice).
5.11. If the contents of the consignment do not correspond to the contents of the order, receipt or VAT invoice or if the goods have been damaged, the customer should draw up a damage report in accordance with the procedure used by the courier company. Drawing up a damage report is not a condition for consideration of a complaint, it is only aimed at streamlining the process of its consideration.
5.12. If the customer provides incorrect or incomplete data that prevents the delivery of the shipment, or if the customer or the person authorized to receive the shipment is not present, the cost of additional delivery will be charged to the customer, provided that he agrees to the additional delivery. This cost will be equal to the delivery cost originally attributed to the order.
6. Right of withdrawal
6.1. Subject to paragraph 6.4. Terms and conditions below, the consumer may within 14 days from the date of execution of the order, withdraw from the contract without giving a reason. To keep the deadline, it is enough to send a statement before it expires.
6.2. In order to exercise the right of withdrawal, the consumer should submit a declaration of withdrawal. The consumer can use the withdrawal form provided by the seller with the goods and available here, but it is not mandatory. The seller’s recommended method of withdrawal from the contract is to send the completed form by e-mail to the following address: firstname.lastname@example.org , or send it by mail to the address of the store.
6.3. The declaration referred to in the above paragraph shall be accompanied by proof of purchase of the goods, or otherwise document the purchase of the goods.
6.4. The right of withdrawal does not apply to the following goods:
a) subject to rapid deterioration or having a short shelf life;
(b) delivered in sealed packages which, when opened, are not suitable for return for health or hygiene reasons;
(C) in which the object of the supply is alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract of sale, and which can be supplied only after 30 days, and the value of which depends on fluctuations in the market over which the seller has no control.
6.5. The purchaser shall be obliged to return the goods covered by the declaration of withdrawal from the contract without delay, but not later than within 14 days from the date on which he withdrew from the contract. To keep the deadline, it is enough to send the goods before it expires.
6.6. The consumer bears only the direct costs of returning the goods, which should in particular be understood as the cost of returning the goods to the seller
6.7. The seller shall immediately, but not later than within 14 days of receipt from the consumer of a declaration of total or partial withdrawal from the contract, return to the consumer the payment made by him for the returned goods.
6.8. The seller may withhold the refund of the payments referred to in the preceding paragraph until the consumer returns the goods concerned by the withdrawal from the contract or provides the consumer with confirmation that he has returned the goods, depending on which of these events (return or delivery of confirmation) occurs earlier.
6.9. The refund will be made using the payment method used by the consumer.
6.10. Before withdrawing from the contract, the consumer should not use the goods in a way that goes beyond what is necessary to determine the nature, characteristics and functionality of the goods. Otherwise, the consumer will bear the responsibility for reducing the value of the goods. The consumer may not withdraw from the contract in respect of goods constituting alcoholic beverages which have been opened by the consumer.
6.11. The right to withdraw from the contract does not exclude the rights of the customer arising from the seller’s liability for non-conformity of the goods with the contract.
6.12. The right to withdraw from the contract does not belong to the client, if he entered into the contract in the framework of his business activities (as an entrepreneur).
7.1. In case of non-conformity of the goods with the agreement after its release, the customer has the right to file a complaint.
7.2. In order to consider the complaint, the customer should deliver the goods to the store together with the proof of purchase.
7.3. The complaint will be processed within 14 days from the date of submission by the client.
7.4. The customer will be informed by the seller by letter, by e-mail or by telephone using the contact details provided by the customer in the complaint.
7.5. The refund in case of a positive complaint will be made immediately after the client has been informed about the positive way of settling the complaint.
8. Out-of-court procedures for handling complaints and pursuing claims
8.1. The buyer has the opportunity to use out-of-court methods of handling complaints and claims. This applies to m.in. a situation where the result of the complaint procedure carried out by the seller is unsatisfactory for the buyer. In particular, the buyer may request the settlement of the dispute by the Permanent Court of arbitration acting at the competent provincial Inspectorate of trade inspection (article 37 of the act of 15 December 2000 on trade inspection (Journal of laws of 2017 item 1063 i.e. ze zm). The rules of organisation and operation of permanent arbitration courts shall be laid down by regulation of the minister of justice.
8.2. The buyer may apply for an out-of-court settlement of a dispute with the entrepreneur to an entity entitled to settle disputes of this kind (if the nature of the dispute indicates that the competent entity in the matter is entitled), on the basis and in accordance with the provisions of the act of 23.09.2016 on out-of-court settlement of consumer disputes (Journal of laws 2016 item 1823, as amended). The president of the office for competition and consumer protection shall keep a register of authorised entities.
8.3. In the event of a dispute related to a contract for the sale of goods or the provision of services (including concluded via the Internet), the buyer may ask the competent provincial inspector of trade inspection to carry out actions aimed at out-of-court settlement of a civil dispute between the consumer and the Entrepreneur (article 36 (1) of the act of 15 December 2000 on trade inspection and the act of 23.09.2016 on out-of-court settlement of disputes consumer). The rules of organisation and operation of the trade inspection in the field of out-of-court settlement of consumer disputes shall be laid down by the president of the council of ministers by regulation.
The above forms of dispute resolution are voluntary in nature and are subject to the consent of both parties to the dispute for a particular settlement procedure (the above provisions do not mean that the seller agrees in these terms and conditions to resolve future disputes in the above forms, but are intended to inform buyers who are consumers about the possibility of an out-of-court settlement of the dispute).
On the website m.in. the consumer can find detailed information on out-of-court dispute resolution.
The seller shall, in compliance with the obligation under Regulation (EU) 524/2013 of the European Parliament and of the Council on the online dispute resolution system for consumer disputes and amending Regulation (EC) no 2006/2004 and directive 2009/22/EC (Regulation on ODR in consumer disputes), upload an electronic link to the ODR platform (the ODR platform is used to deal with disputes arising from domestic or cross-border:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
9. Protection of personal data
9.1. The administrator of personal data provided by the client is Loiswine LLC with its registered office in Warsaw, ul. Domaniewska 17/19 Lok. 133 02-663.
9.2. The administrator can be contacted at the following email address: email@example.com by phone at 48 459590001 or in writing to the administrator’s address.
9.3. The customer’s personal data will be processed in order to:
a) provision of services by electronic means in accordance with the regulations, including the possibility of placing orders in the store – the legal basis for processing is the necessity of processing for the performance of the contract;
b) performance of obligations arising from the legal provisions burdening the administrator, in particular in the field of accounting-the legal basis is the necessity to fulfill the legal obligation burdening the administrator;
c) marketing communications and conducting marketing analyses, including profiling, in order to adapt the transmitted marketing content – the legal basis for the processing is the legally justified interest of the administrator in directing marketing content relating to the goods and services of the administrator to the client by traditional mail, and in the case of the user’s consent (subscription) referred to in Chapter X of the terms and conditions, the personal data provided by the User shall be processed by the administrator in order to: provision of the newsletter service – the legal basis for the processing is the legitimate interest of the administrator in sending a newsletter to the e-mail address provided by the user;
d) establishment or investigation of possible claims or defence against such claims by the controller – the legal basis for data processing is the legally justified interest of the controller in enabling the controller to establish, investigate or defend against claims;
e) analytical and Statistical-the legal basis of the processing is the legitimate interest of the administrator to conduct analysis of user activity on the site and how to use the account, as well as their preferences in order to improve functionality.
9.4. When making a payment for an order, the customer’s data necessary for making a payment is made available to the payment service provider by the administrator. The data will be processed for the purposes of handling payments and fulfilling obligations incumbent on payment service providers under mandatory legal provisions, including those under directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
9.5. The client’s personal data may be transferred to entities processing personal data on behalf of the administrator: entities providing services in the field of maintaining a customer service office, IT service providers, courier companies or postal operators.
9.6. The customer’s personal data will be processed for the duration of the service agreement by electronic means, until the account is deleted from the site. The period of processing of personal data may be extended at any time by the period of limitation of claims, if the processing of personal data will be necessary for the prosecution of possible claims or defense against such claims by the administrator.
9.7. To the extent that personal data is processed for the purposes of marketing communications and marketing analyses, the data will be processed until the relevant consent is withdrawn or the data are not processed for that purpose.
9.8. To the extent that personal data are processed for the purpose of fulfilling the obligations arising from the legal provisions on the controller, personal data will be processed for the period resulting from the relevant legal provisions.
9.9. The customer has the right of access to his data and the right to request their correction, their deletion or restriction of their processing.
9.10. Since the customer’s data is processed in an automated manner on the basis of the agreement, the customer also has the right to transfer the personal data that the customer has provided to the administrator, i.e. to receive the customer’s personal data from the administrator, in a structured, commonly used format suitable for machine reading. The client can send this data to another data administrator.
9.11. The client has the right to object to the processing of his personal data on the basis of a legitimate interest of the administrator, that is, the processing of data for the purpose of: marketing communications and conducting marketing analyses, including profiling, establishing or pursuing possible claims or defending against such claims by the administrator, as well as for analytical and statistical purposes.
9.12. The customer shall also have the right to lodge a complaint with the supervisory authority responsible for the protection of personal data in the member state of habitual residence, place of work or place of the alleged infringement.
9.13. The provision of personal data by the user is voluntary, but necessary for making purchases and using those services provided electronically by the administrator, which require the provision of personal data.
9.14. For statistical purposes and in order to ensure the highest quality of services, the site uses information stored by the server on the user’s end device, which is then read every time the browser is connected to the internet (so-called cookies). The user may at any time determine the conditions for storing or accessing cookies by the internet service using the settings of his or her web browser, including changing the settings of the browser so that it does not accept such files or informs about their transmission. However, not accepting cookies may make it difficult to use the site. By using a browser whose settings allow the storage of cookies on your device, you consent to the storage of the above files on that device.
10. Final provisions
10.1. The seller reserves the right to make changes to these terms and conditions. Changes to the terms and conditions will be communicated to users on the website www.loiswine.com and will require each user’s acceptance expressed before after the user has logged into their account. The amended or modified regulations shall have binding force, after fulfilment of other conditions provided for by law, only for legal relations arising after the entry into force of the amendments or modifications.
10.2. The provisions of the civil code, the provisions of the law of 30 May 2014 on consumer rights (Journal of laws of 24 June 2014) and other relevant laws shall apply in all matters not regulated in these regulations.
10.3. Any doubts arising from the interpretation of the rules of procedure shall be interpreted in such a way as to ensure that these rules of procedure comply with the applicable law.