1. The terms and conditions specify the type and scope of services provided, including electronic services provided by the Owner, technical conditions and the procedure for complaints.
2. The owner of the Service at brovaria.pl is Jacek Woźniak, conducting business under the name Brovaria Jacek Woźniak, Zębcowska 43D/20, 63-400 Ostrów Wielkopolski. The business activity is registered in the Central Register and Information on Business Activity under VAT ID no. /NIP/: 6221345404, REGON no. 250796583.
3. You can contact the Owner by writing to the e-mail address: rezerwacje@brovaria.pl or by phone: +48 61 858 68 63.
§1 Definitions
1. Civil Code – the Civil Code Act of 23 April 1964.
2. Offer – an offer of Services available on the Website, including relevant information about the Service. The Offer may also include instructions for use or detailed terms and conditions for the use of a particular Service (if available).
3. Privacy Policy – a document setting out the principles of personal data processing, available at https://brovaria.pl/polityka-prywatnosci.
4. Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, performing a business activity on its own behalf, who uses the Service.
5. Entrepreneur with the rights of a consumer – a natural person, concluding an agreement directly related to his/her business activity, when from the content of this agreement it follows that the agreement is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
6. Terms and Conditions – these terms and conditions governing the use of the Service.
7. Service – the website, application or other means of electronic communication on which the Services are offered by the Owner.
8. Agreement/Contract – mutual agreements between the Owner and a User specifying mutual rights and obligations.
9. Remote agreement – an agreement concluded without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
10. Service – any activity containing an element of immateriality which consists of an effect on the User or his/her objects which does not result in the transfer of property rights, in particular Electronic Services.
11. Electronic Service – a service provided electronically through the Website; a service as defined in Article 2(4) of the Act on Provision of Electronic Services.
12. User – an entity using the Website.
§2 Electronic services on the Website
1. The following electronic services are available on the Website: contact form, news, interactive map, booking system and photo gallery.
2. The aforementioned services are provided within the scope described directly on the Website.
3. The provision of Electronic Services to the Customers on the Website shall take place under the terms and conditions specified in the Terms and Conditions.
4. The use of Electronic Services is related to data transmission via the Internet, which is subject to the risks inherent in this network.
5. Transmission of unlawful and illegal content is prohibited, including, in particular, materials promoting terrorism, depicting the sexual abuse of children, promoting racism and xenophobia, as well as infringing intellectual property rights. For detailed information on prohibited content, please refer to the paragraph ‘Content restrictions – illegal content and content not complying with the Terms and Conditions, reporting illegal content, point of contact’ of these Terms and Conditions.
§3 Principles of contract conclusion
1. The Terms and Conditions and the Offer set out the principles of cooperation and the terms and conditions of the Agreement.
2. A User receives the Terms and Conditions from the Owner before concluding a remote Agreement. The content of the Terms and Conditions can be recorded by a User by downloading them, saving them on a medium or printing them out.
3. A User may not use the Website using incorrect personal data, in an anonymous manner or under a pseudonym.
4. The Terms and Conditions and the Offer do not limit or exclude the rights of a User who is a Consumer or Entrepreneur on the rights of a Consumer arising from the mandatory provisions of law.
5. In the event of any discrepancy between the content of the Terms and Conditions and the Offer, the Offer shall be binding.
6. An Agreement is concluded at the moment of use of the electronic service offered on the Website by the User.
7. A User is prohibited from providing unlawful content, and is obliged to use the Service in accordance with applicable law, these Terms and Conditions and good practice, taking into account personal rights and intellectual property rights, in particular copyright vested in the Owner or third parties, and in a manner that does not interfere with the functioning of the Service.
§4 Principles of cooperation and provision of electronic services on the Website
1. A User may use the Website 24 hours a day, 7 days a week.
2. The use of the Website by a User is free of charge.
§5 Technical conditions
1. A User may use the Website in accordance with the applicable provisions of law and the Regulations.
2. The owner declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying User data by unauthorised persons, therefore Customers should use appropriate technical measures to minimise the aforementioned risks.
3. In order to use the Website, it is necessary for a User to have:
a. an up-to-date version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
b. current tool/software supporting electronic files in the format indicated in the Offer (e.g. in *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl format);
c. recommended minimum screen resolution: 1024×768;
d. cookies and JavaScript must be enabled in your browser.
§6 Complaint
1. The Owner shall be liable for the compliance of the Electronic Services with the Agreement in accordance with the principles set forth in Article 43a et seq. of the Consumer Rights Act.
2. This section sets out the principles of liability for the compliance of the provision of Electronic Services in accordance with the Agreement.
3. If the Service is not in conformity with the Agreement, a User may demand its repair or replacement or withdrawal from the Agreement.
4. The Owner may perform a replacement when a User requests a repair, or the Owner may perform a repair when a User requests a replacement if it is impossible or would require excessive costs for the Owner to bring the Service into conformity with the Agreement in the manner chosen by the User. If both repair and replacement are impossible or would require excessive cost, the Owner may refuse to bring the Service into conformity with the contract.
5. If the Service is not in conformity with the Agreement, the User may submit a declaration of withdrawal from the contract when:
a. The Owner has refused to bring the Service into conformity with the contract or has failed to bring the Service into conformity with the contract;
b. The non-conformity of the Service with the contract continues even though the Owner has attempted to bring the Service into conformity with the contract;
c. the non-conformity of the Service with the contract is so significant as to warrant an immediate price reduction or withdrawal from the contract;
d. it is clear from the Owner’s statement or circumstances that it will not bring the Service into conformity with the contract within a reasonable time or without undue inconvenience to the User.
6. A User may file a complaint regarding the non-conformity of the Service with the contract by sending it to the Owner’s address indicated in the Terms and Conditions (postal or e-mail address). The complaint should contain data enabling the identification of the User, the subject of the complaint and the demands related to the complaint.
7. In the case of receipt of an incomplete complaint preventing its consideration, the Owner shall call on the User to supplement it under pain of leaving the complaint unprocessed.
8. All complaints shall be resolved immediately, no later than within 14 days from the date of filing the complaint. The complainant shall receive a reply in the form of an e-mail sent to the e-mail address from which the complaint was sent.
9. Any shortcomings in the complaint notification shall be notified to the User immediately, together with the notification, information will be sent on how to supplement the shortcomings in the complaint notification.
§7 Withdrawal from the contract
1. This section sets out the rules for withdrawal from the agreement by the Consumer and Entrepreneur on the rights of the Consumer.
2. A User who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract within 14 days subject to the provisions below. In order to exercise the right of withdrawal, the User should inform the Owner by an unequivocal statement, e.g. by sending an e-mail or a letter to the address indicated in the Terms and Conditions.
3. In the event of withdrawal from the contract for the provision of electronic services, the User shall refrain from using this service and making it available to third parties.
§8 Copyrights and licences
1. All materials made available by the Owner, including photographs, texts, graphics, multimedia and trademarks are a work within the meaning of the Act on Copyright and Related Rights, subject to legal protection.
2. The copyright to the above-mentioned materials is held by the Owner or another entity from which the Owner has obtained the relevant licence. The materials may also be used by the Owner on another legal basis.
3. Any materials made available by the Owner may be used by the User solely for his/her own purposes, unless the Offer states otherwise. No further distribution, sharing, ripping or downloading in any way of the materials outside the scope of permitted use is authorised.
4. The Owner grants the User a non-exclusive licence, without the right to grant sub-licences and without territorial restrictions. Time limitations shall be based on the Offer or on these Terms and Conditions.
5. A User has no right to use the materials in any fields of exploitation.
6. In the event of a breach of the prohibition referred to in this paragraph, including copyright infringement, the Owner shall have the right to claim damages and compensation from the User. The User may incur civil or criminal liability in the aforementioned respect.
7. The Owner shall have the right to make periodic updates to the Service.
8. The provisions of the Republic of Poland shall apply to these Regulations.
§9 Final provisions
1. During force majeure, the contractual parties shall be exempted from any liability for non-performance or undue performance of the contract, as long as the circumstances of force majeure hinder the performance of the contract. The above shall also apply in the period immediately preceding or immediately following the occurrence of force majeure, as long as during the indicated period only the impact of force majeure constitutes an impediment to the performance of the contract.
2. Force majeure shall be understood as an event of a sudden or natural nature, independent of the will and action of the Parties, which could not have been foreseen and could not have been prevented, in particular events such as: flood, war, act of terror, introduction of a state of emergency.
3. In the course of using the Services, it is prohibited to act in a manner contrary to the law, good morals or infringing the personal rights of third parties, and to provide information of an unlawful nature.
4. Amicable handling of disputes and complaints. The consumer has the possibility to turn to:
a. a permanent amicable consumer court with a request to resolve a dispute arising from the concluded contract;
b. the Provincial Inspector of Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the User and the Owner;
c. a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection in order to obtain assistance in a contractual matter;
d. or has the right to use the ODR platform. The platform serves to resolve disputes between consumers and traders http://ec.europa.eu/consumers/odr.
5. The Owner reserves the right to make changes to these Terms and Conditions for important reasons, including in particular due to changes in the law to the extent that these changes force the Owner to also change the content of these Terms and Conditions, in particular changes to the provisions of the Civil Code, the Consumer Rights Act, the Act on Providing Services by Electronic Means, as well as pursuant to the applicable decisions of the OCCP, PUODO or court rulings to the extent corresponding to the issued decisions or rulings, and in the event of a significant change in business factors, provided that there is a causal relationship between the above. The applicable law is Polish law.
6. The applicable law is Polish law, subject to paragraph 9.
7. The applicable court is the Polish court subject to paragraph 9.
8. In the case of a User who is a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the provisions of the law of the country of his habitual residence, which cannot be excluded on the basis of the contract. If the provisions that are in force in the consumer’s country are more favourable to the consumer, and these provisions cannot be excluded by contract, they shall be applied in the contract concluded between a User and the Owner.
9. The rules concerning the processing of personal data are regulated in the Privacy Policy.
10. The Terms and Conditions are valid as of 2025-02-07.
