Terms and Conditions of Online Sale
1. DEFINITIONS USED IN THIS REGULATION
1.1 Seller – The entrepreneur conducting an on-line sale and remote sale with the use of the on-line shop (website), who identifies himself as Royal Bristol Warsaw Sp. z o.o., ul. Krakowskie Przedmieście 42/44, 00-325 Warszawa, entered in the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw, XVI Commercial and Registry Department under the KRS number: 0000007858, share capital – 11.317.800,00 PLN – paid in whole.
1.2 Buyer – natural person who is an adult, legal entity or organizational unit without legal personality who places an order for the purpose of concluding a sales agreement with the Seller. The Buyer who is a natural person is required to have full capacity to enter into legal transactions.
1.3 Consumer – The Buyer who is a natural person and who concludes with the Seller an agreement which is not directly related to the business or professional activity of the Buyer.
1.4 Hotel – Hotel Bristol run by the Seller and located at ul. Krakowskie Przedmieście 42/44, 00-325 Warszawa.
1.5 Café Bristol – the coffee bar run by the Seller and located in the Hotel building.
1.6 Products – consumer goods and services offered by the Seller through the on-line shop and processed after the receipt of a valid voucher, such as:
- gastronomic services
- food products
- hotel services and other related services offered by the Seller
1.7 Voucher – non-returnable document which entitles to receive a benefit it the form of goods or services, issued:
- in the electronic form after making a payment through the "Ogone" electronic payment service. The electronic voucher is subsequently sent to the e-mail address indicated by the Buyer and should be printed.
- in the paper form, after making a payment to the bank account of the Seller. The paper-form voucher is subsequently sent to the address indicated by the Buyer.
1.8 Payment system – "Ogone" electronic payment service owned by the Ingenico e-Commerce Solutions BVBA/SPRL with its registered office at Woluwedal/Boulevard de la Woluwe 102, B-1200 Brussel/Bruxelles, Belgium which operates the payments for the orders placed through the on-line store.
1.9 Electronic form – order form available on the on-line store website and intended for Buyer’s use.
2. GENERAL PROVISIONS
2.1 Seller conducts the retail sale in the form of on-line store through the Internet on a website www.hotelbristolwarsaw.pl/pl/store
2.2 Seller undertakes to deliver Product that is free from any defects.
2.3 Voucher entitles to one-off receipt of the Product only the person individually indicated in the Voucher. The Voucher may be used exclusively in the Hotel or in Café Bristol. Conditions for receiving the Product include prior confirmation of its receipt date – dial the number indicated in the Voucher – made no later than 24 hours prior to the planned receipt and showing the Voucher in the place of the Product receipt.
2.4 Voucher does not constitute a subject of sale. The Voucher does only authorize to receive a Product and cannot be resold or returned.
2.5 Voucher issued in the paper form and subsequently sent to the Buyer may be used within 12 months of its receipt.
2.6 Prices of the Products that are provided on the website include VAT.
2.7 Appearances of the Products provided on the website are only a visual presentation and may vary in detail.
2.8 Placing an order using a website is synonymous with the acceptance of this regulation.
2.9 Seller is not liable for the correct functioning of the Payment system, in particular for inability of payment/transfer. Any claims arising from or connected with the above matter must be filed exclusively against the responsible entities.
3.1 Accepted payment methods are:
- credit card payment (VISA, MASTERCARD) via the Payment system
- transfer into an account: Bank Pekao S.A., ul. Grzybowska 53/57, 00-950 Warszawa, 09 1240 6247 1111 0000 4973 3963
4. FULFILMENT OF AN ORDER
4.1 The fulfillment of an order requires: 1) correctly and completely filled in Electronic form, 2) Buyers’ confirmation that he/she knows about the obligation to pay for the order, expressed by clicking the “yes, I confirm the payment” button, 3) subsequent Seller’s confirmation of order acceptance, sent to the e-mail address indicated by the Buyer, and, 4) additionally:
- in case of payment by transfer into an account – the Seller’s reception of the due amount, crediting the bank account of the Seller, no later than within 5 working days of the date of confirming the order by the Seller.
- in case of payment through the Payment system – the Seller’s reception of the Buyer’s payment confirmation, issued by the “Ogone” payment system.
4.2 Vouchers issued in the electronic form are sent to the e-mail address designated by the Buyer immediately after receiving the payment confirmation. Vouchers issued in the paper form (in case of payment by transfer into a bank account) are sent to the address designated by the Buyer within 3 working days of the date of the Seller’s reception of the due amount. Together with the Voucher the Seller will provide the Buyer with the confirmation of the conclusion of an agreement.
4.3 Vouchers in the paper form are sent by post. The period of the fulfillment of an order indicated in point 4.2 above does not include the time needed for the postal shipment.
4.4 The Seller is not liable for the possible delays in the order delivery resulting from the non-fulfillment of an postal or courier service agreement by the entities indicated in point 4.3 above.
4.5 In the case of temporary inability to fulfill of an order for reasons attributable to the Seller, the Seller will immediately notify the Buyer of such circumstances and propose alternative Product or other date for the fulfillment of an order. In case of Buyer’s lack of consent, the Seller will immediately refund all received payments to the Buyer.
5. COMPLAINTS. WITHDRAWAL FROM AN AGREEMENT.
5.1 In accordance with the Act of 30th May 2014 on Consumer Rights (Journal of Laws from 2014 item 827) the Consumer who has concluded the agreement for remote sale is entitled to withdraw from the agreement within 14 days upon the day of its conclusion without specifying the reasons for the withdrawal and without the need to incur additional costs, with the exception of costs stipulated in the provisions of the abovementioned Act.
5.2 The Seller will additionally notify the Consumer of his right to withdraw from the agreement without specifying the reasons for the withdrawal in the confirmation of the conclusion of an agreement, however, if the Seller does not fulfill the obligation to inform the Consumer about the right to withdraw from the agreement, the Consumer’s right to withdraw from the agreement is extended and expires after twelve months since the last day of the period specified in point 5.1 above. Nonetheless, if the Buyer has notified the Consumer of the right to withdraw from the agreement before the end of the twelve-month period, the Buyer is entitled to withdraw from the agreement within 14 days upon the day of such notification.
5.3 The right to withdraw from the agreement may be exercised by making a withdrawal statement in the form of document made by the Consumer, or the in the form of the completed withdrawal form, which constitute the attachment No. 2 to the Act of 30th May 2014 on Consumer Rights (Journal of Laws from 2014 item 827).
5.4 The withdrawal statement should be sent to the following address: Hotel Bristol Warsaw, ul. Krakowskie Przedmieście 42/44, 00-325 Warsaw. To meet the time limit for the withdrawal from the agreement it is sufficient to send the statement before the end of the aforementioned term. The withdrawal statement made in the electronic form can also be sent to the following e-mail address: firstname.lastname@example.org . In such case the Seller will immediately confirm in writing the receipt of the withdrawal statement to the Buyer.
5.5 The Seller will return the sale price to the Consumer immediately upon the receipt of the withdrawal statement, but not later than within 14 days upon this date. If the voucher has been sent in the paper form, the Seller will deduct the postage cost from the sale price. The return of the sale price will be made to the bank account indicated by the Consumer.
5.6 After withdrawing from the agreement the Consumer loses the right to use the received voucher.
5.7 The Consumer who concluded the agreement for the accommodation services other than accommodation for housing purposes, gastronomic services or services related to leisure, entertainment, sport or cultural activities, with the indication of the day or the period of its performance, is not entitled to withdraw from this agreement (article 38 point 12 of the Act of 30th May 2014 on Consumer Rights). It means that the Consumer who confirmed the reception of the Product in accordance with the point 2.3 above, does not have right to withdraw from the agreement.
5.8 The explanation of the possibility to withdraw from the agreement and the withdrawal form can be found here.
5.9 The Buyer is entitled to submit a complaint about the Product offered by the Seller in the case of its non-conformity with the concluded agreement. The complaints submitted to the address of the Seller will be processed within 14 days upon the day of its submission. The provisions of the Polish Civil Code shall apply accordingly.
6. FINAL PROVISIONS
6.1 The Seller reserves the right to modify this Act at any time.
6.2 The order procedure requires the Buyer’s disclosure of her/his personal data. Completing the order form implies the Buyer’s consent to processing her/his personal data exclusively for the purposes related to the fulfillment of an order and in compliance with the provisions of the Act of 29th August 1997 on Personal Data Protection (Journal of Laws from 1997, No. 133 item 883, as amended). The personal data administrator is Ingenico e-Commerce Solutions BVBA/SPRL with its registered office at Woluwedal/Boulevard de la Woluwe 102, B-1200 Brussel/Bruxelles, Belgium and Hotel Bristol.
6.3 Digtal data in the form of PDF files containing the electronic voucher (intended for self-printing) sent by the Seller are free from the malicious software, however, the Seller is not liable for any problems related with opening the file on the computer devices belonging to Buyer.
6.4 In any matters not regulated in this Act, the relevant provisions of the Polish law shall apply accordingly, with particular regard of the Civil Code and the Act of 30th May 2014 on Consumer Rights (Journal of Laws from 2014 item 827).
Hotel Bristol, a Luxury Collection Hotel, Warsaw
ul. Krakowskie Przedmieście 42/44, 00-325 Warsaw
Tel. +48 22 551 1000 | Fax +48 22 625 2577