I. General Terms and Conditions

1. The online store, located at the website www.destylatorymiedziane.pl (hereinafter referred to as the Store), enables purchasing via the Internet.

2. Making a purchase in the Store (placing an order for goods) signifies acceptance of these terms and conditions. Placing an order entails the obligation to make payment.

3. The Store is operated by the company XXX s.c. M. Blaszke, P. Celinski with registered office at ul. Jana Kiepury 20/45, 20-838 Lublin, tax identification number (NIP) 7123284412.

4. Correspondence address with the Store: XXX s.c., Motycz 21A, 21-030 Motycz. Email address: info@destylatorymiedziane.pl

5. Personal data are used solely for the purpose of fulfilling sales contracts and may therefore be transferred to entities responsible for delivering purchased products to customers. Customers have the right to access their data, correct them, and request cessation of their use. The provision of data is voluntary. The personal data of the user - the Buyer are protected in accordance with the Act of 29 August 1997 on the protection of personal data, as amended. The Store's database has been registered at the polish GIODO (Inspector General for the Protection of Personal Data).

6. The rules for the protection of personal data on the Store's websites are available in the Personal Data Protection Policy section.

II. Order Placement and Fulfillment Procedure

1. By placing an order, it is understood to complete the "order form" available on the Store's website.

2. The basic condition for fulfilling made purchases is to correctly fill in the contact details along with a valid email address and phone number, which will be used to confirm the order. The phone number will also be provided to the courier company. The courier may, but is not obliged to, contact the customer at the provided phone number to confirm the delivery location and/or arrange a delivery time with the recipient.

3. Orders can be placed 24 hours a day, all year round. Orders placed on weekdays after 1:00 p.m., Saturdays, Sundays, public holidays, and days off will be treated as placed on the next working day.

4. Details regarding the shipment of ordered items are available in the "Payments and Shipping" tab on the Store's website. Shipment of pre-paid orders exceeding PLN 500 is free of charge within Poland; cash on delivery and international shipment are additionally payable regardless of the order amount. Highly unusual orders (e.g., for items outside the Store's product catalog) are shipped only after prepayment to the designated Store account.

5. In the event of circumstances preventing the complete or temporary fulfillment of a placed order, the Store reserves the right to suspend order fulfillment - the Buyer will be notified of the situation. The Store reserves the right to temporarily suspend Store services for maintenance purposes, data updates, or other reasons arising from circumstances preventing the proper functioning of the Store.

6. Due to the nature of the goods (custom production) and their customization to the customer's needs, the Store specifies the order fulfillment time as follows:

a) 15 working days from the moment of its confirmation (by receipt of funds into the Store's bank account) for reflux stills (excluding plate stills - see section c)), and pot-stills, electronics, accessories on demand (parrots, reducers), and:

b) 3 working days (for ready-made accessories [yeast, hoses, meters, etc.]) and:

c) 35 working days for products from the "Boilers","Plate stills", „Craft Distilleries” category and orders for non-standard products, outside the standard Store offer (e.g., shortened, elongated elements, or produced according to the Customer's pattern).

Jeżeli czas realizacji produktu jest dłuższy niż w/w, informacja ta podana jest w opisie produktu. Zamówienie składane poza systemem Sklepu (telefonicznie/ e-mail) podlegają w/w terminom w sposób równoważny dla zamówień złożonych przez system Sklepu. 

7. The Sales Department and Service of the Store will be on vacation from August 14 to September 15, 2023, and from August 31 to September 15, 2023. Shipments and service receptions are suspended. Limited telephone and email contact with the Store will also be available. This period is not counted as working days.

8. XXX s.c. reserves the right to suspend orders that raise doubts (e.g., incomplete address, lack of telephone number). The final conclusion of the sales contract occurs only when the Store sends the customer an order confirmation.

9. The prices of goods in the Store are given in Polish zlotys (PLN) and include 23% VAT (gross prices). The Store provides for the application of promotional discounts automatically calculated after entering a specific discount code in the Shopping Cart. One Customer is entitled to use one code per order at a time; using two codes in one order will result in the cancellation of the entire order. Coupon promotions have a limited duration, and after their expiration, unused coupons cannot be reused.

10. The Store issues a receipt (fiscal receipt) or VAT invoice for the purchased goods. To receive a VAT invoice, it is necessary to correctly fill in the company details along with the tax identification number (VAT ID) and inform the store of the desire to receive an invoice in the order comment. Since January 1, 2020 the seller has no possibility to issue an invoice to a receipt for another company if the VAT ID number of the counterparty is not included on thefiscal receipt. If you do not enter the VAT ID number when placing an order, it will not be possible to issue a VAT invoice based on the receipt.

11. Payment for ordered items can be made:

-by quick transfer PayPAl or "Przelewy24" through the micro-payment system - immediate payment.

- by traditional bank transfer - to the account:
81 1020 3176 0000 5502 0199 5737 (PKO BP)

 Please enter the order symbol (9 letters) generated by the Store in the transfer title.

- in cash - upon personal pickup at the Store's headquarters

- in cash - for cash on delivery shipments (details regarding cash on delivery shipments are available in the "Payments and Shipping" tab) for certain sets and accessories

- by credit card through the Przelewy24 or PayPal system.

- The card payment operator is PayPro SA Payment Agent, ul. Kanclerska 15, 60-327 Poznan, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznan - Nowe Miasto and Wilda in Poznan, VIII Economic Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.

12. The amount for canceled orders is refunded within 10 working days from the cancellation date. 

13. W przypadku nieodebrania przesyłki z zamówieniem ponowne jej wysłanie nastapi po opłaceniu kosztu przesyłki zwrotnej. W przypadku przesyłek z płatnością za pobraniem, kolejne zamówienia na danym koncie Klienta realizowane będą wyłacznie po przedpłacie. 

III. Odstąpienie od umowy i reklamacje

1. A customer within the meaning of Article 22 (1) of the Polish Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) has the right to withdraw from the contract without giving any reason within 14 calendar days from the receipt of the shipment with the goods (legal basis: Article 7 (1) of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product, as amended). To meet the deadline, sending a written statement is required. The deadline is counted from the date of receiving the equipment.

According to Article 38 of the Consumer Rights Act, the right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to a contract in which the subject of the performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs (i.e., products from the "Reflux stills", "Boilers", "Pot-stills", "Plate Still", „Craft distilleries” categories, and products from the "Accessories" category manufactured by XXX s.c. M. Blaszke P. Celinski) as well as goods purchased according to the ordered length (e.g., hoses cut to size), weight, or volume (e.g., in liters).

2. The written declaration of withdrawal from the contract should be sent (preferably along with the fiscal receipt) to the Seller's address. The declaration template can be found in the dowlnoad section.

3. In the event of withdrawal from the contract, the contract is considered not concluded, and the consumer is released from all obligations. What the parties have performed is subject to return in an unchanged condition, unless the change was necessary within the limits of ordinary management.

4. The Buyer is obliged to return the received goods immediately, but no later than within 14 days from the submission of the declaration of withdrawal from the contract.

5. If, after the transfer of ownership of the goods to the Buyer, they find that the goods have physical defects or are not in conformity with the contract, the Buyer may:

a) Use the warranty services from the Guarantor.
b) Submit a complaint to the Seller regarding the non-conformity of the goods with the contract (legal basis - Civil Code).
c) Submit a complaint to the Seller regarding liability for defects (legal basis - Civil Code) with all its consequences.
d) The Buyer may decide whether to agree on price reduction or withdraw from the contract. If the sold item is defective, the Buyer may submit a demend of price reduction or withdrawal from the contract, unless the Seller promptly and without undue inconvenience to the Buyer replaces the defective item with one free from defects or removes the defect.

The above limitation does not apply if the item has already been replaced or repaired by the Seller or if the Seller has failed to fulfill the obligation to exchange the item for one free from defects or to remove the defect.

6. Complaints about ordered goods due to non-compliance with the contract can be submitted by email (email in the "Contact" tab) or in writing to the Store's correspondence address.

7. Complaints are considered in accordance with the Act of July 27, 2002 "on specific conditions of consumer sales and amending the Civil Code".

8. The claimed goods should be delivered to the Seller's address. The purchased goods should be returned in their original, undamaged condition along with the proof of purchase (receipt or VAT invoice). It is best to send packages via courier companies; packages sent by mail and notified due to excessive size (not deliverable by the postman) may not be delivered. The package should include a completed service report. It can be found in the user manual, or it can be downloaded i the download section.

9. The Seller will respond to the customer's request promptly, no later than within 14 days. The response to the complaint is sent to the address provided by the customer or by any other means of contact chosen by the Customer. Any refund of costs will be made to the Customer's bank account no later than within 30 working days from the receipt of the letter.

10. In the case of products covered by a warranty, the Seller informs that the warranty for the sold consumer goods does not exclude, limit, or suspend the Buyer's rights resulting from the non-compliance of the goods with the contract.

11. The Customer should check the condition of the shipment in the presence of the courier delivering it before acknowledging receipt. In the event of transport damage, the Customer should draw up a damage protocol with the courier and make photos of packaging prior to opening it. In the case of transport damage not visible from the outside of the shipment, the damage protocol can be drawn up within a period (typically 3-5 working days) specified in the courier company's regulations. To expedite complaint procedures, the Customer may authorize the Store to handle complaints on their behalf by providing a signed power of attorney (the template is available on the Carrier's website).

12. The equipment is covered by a two-year warranty period. Breaking the warranty seals (VOID) on electronic devices voids the warranty (it is treated as interference by an unauthorized person). The warranty does not cover mechanical damage caused by the user and/or third parties, such as cracking, crushing, flooding, or dampening of the equipment. The warranty does not cover mechanical damage to glass elements (test tubes, cylinders, sight glasses) resulting from improper use or incorrect installation. Electronic devices or components with self-introduced modifications (e.g., cut or modified plugs, custom-made cables, self-soldered components, self-repairs) are not covered by warranty repairs and exclude warranty liability. Damage to glass elements during transport should be reported in accordance with point 9 of these Regulations.

13. Keg-type tanks are full-value used tanks used for transporting beer. The Store makes every effort to ensure their best condition; nevertheless, as used tanks, they may have dents and abrasions that do not affect their efficiency as boilers. The condition of the barrels is not covered by warranty protection as long as it does not affect their proper functioning as a component of the set.

14. Products in the Store are largely handmade. Products may slightly differ from those presented in the photos, which does not affect their operation. The tolerance of the specified dimensions may vary within 0-3% from those specified in the technical specifications sheets due to the non-serial nature of their production, which cannot be the basis for a complaint. 

15. Objections regarding the contents of the shipment - shortages, damages - must be reported by the Buyer within 7 days from the date of delivery of the shipment (the delivery date specified by the courier company's system is considered the day of delivery). Objections concerning shortages and damages to the shipment after the above-mentioned deadline will not be considered. This deadline arises from the provisions of the Postal Law and the regulations of courier companies.

16. The Store informs about the existence of the ODR platform. The Store does not submit to ODR.

 

IV. Provisions regarding customers who are not simultaneously consumers.

1. The Seller is responsible for the sold goods on the basis of statutory warranty as specified in the Civil Code in art. 556 et seq.

2. If there are no cases of Seller's liability under the statutory warranty entitling the customer to return the goods, the customer may return the purchased goods only with the prior consent of the Seller. The purchased goods must be returned in their original, undamaged condition. The return of the goods is at the customer's expense. From the price subject to return, the Seller may deduct 23% of its amount as a lump sum for transaction handling costs.

3. The Seller does not accept shipments returned cash on delivery.

4. The provisions in part IV apply only to customers who are not simultaneously consumers within the meaning of Article 22[1] of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

V. Final provisions

1. Matters not regulated by these regulations are governed by the provisions of the Polish Civil Code, the Act of March 2, 2000 on the protection of certain consumer rights.

2. The Store reserves the right to change these regulations.

3. The Store automatically collects data contained in cookies files when using the website of the online store. Cookies are computer data, in particular text files, stored in end devices of users intended for using websites. These files allow recognizing the user's device and displaying the website tailored to his individual preferences. Cookies usually contain the website's name from which they come, the time of storing them on the end device, and a unique number. Enabling the Cookies mechanism is necessary to use the store and the store's basket and customer panel, as the session mechanism operates on its basis. The Store saves information in Cookie files concerning areas: session id, information about store visits. Data collected using cookies may be collected solely for the purpose of performing specific functions for the user. Software used for browsing websites by default allows placing cookies on the end device. These settings can be changed to block the handling of cookies in the web browser settings. Detailed information on the possibilities and methods of handling cookies files is available in the web browser settings.

4. The Seller reserves the right to change the prices of goods in the offer. Price changes do not apply to placed orders. The Seller also reserves the right to withdraw individual goods from the offer.

5. The Store is not liable for the use of equipment purchased in the Store contrary to applicable law.

6. Regardless of other provisions of agreements to which XXX s.c. is a party and attachments thereto, the Store is not liable for non-performance or improper performance of its obligations due to force majeure, understood as a sudden, external, unforeseeable event independent of the Parties' will. In particular, force majeure includes events such as: floods, earthquakes, strikes, wars, terrorist attacks, epidemics, pandemics, delays in suppliers, as well as phenomena of a local nature: fire, road accidents, etc. In the event of force majeure or circumstances constituting the effects of its occurrence or action, including economic, logistical, personnel, legal, the Store reserves the right to change or withdraw from a given order/sales contract, including in particular to change the delivery date of goods. The delivery date may be postponed due to circumstances beyond the control of the Store and caused or resulting from force majeure, including but not limited to the effects of the SARS-CoV-2 coronavirus pandemic (causing COVID-19 disease), including delays arising from these reasons on the part of the Store's manufacturers or suppliers, if they affected the possibility of timely delivery by the Store. In the event of the above circumstances and their impact on the possibility of fulfilling the delivery, the Store will inform the Customer about the need to postpone the delivery date immediately after receiving information about it. In such a case, the Customer has no right to withdraw from the Agreement, and the liability for damages for non-performance or untimely performance of the Agreement by the Store is excluded.

7. The Store reserves the right to change the Regulations. Any changes to these terms and conditions apply from the date of their publication on the website. Orders placed before the date of entry into force of these regulations (23.03.2020 - added art V point 6) will be executed based on the previous rules (available in electronic form for all customers who placed an order before the date of entry into force of these regulations).