REGULATIONS OF THE ONLINE STORE OF SPIRIT OF GDAŃSK
The portal https://www.goldwasser.pl/goldwasser-shop is operated by Spirit of Gdańsk spółka z ograniczoną odpowiedzialnością (ltd) with its registered office in Gdańsk, ul. Długie Pobrzeże 21, 80-888 Gdańsk, entered into the Register of Entrepreneurs of the National Court Register held by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Department of the National Court Register under KRS No 0000886185, NIP: 5833421892, REGON: 388257149, with the authorised capital of PLN 20,000.00.
Seller or Service Provider – Spirit of Gdańsk sp. z o.o. with its registered office in Gdańsk, ul. Długie Pobrzeże 21, 80-888 Gdańsk, entered into the Register of Entrepreneurs of the National Court Register held by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Department of the National Court Register under KRS No 0000886185, NIP: 5833421892, REGON: 388257149, with the authorised capital of PLN 20,000.00;
User – every person who uses services rendered via the Platform or uses the Platform otherwise.
Client – an individual, a legal person or an unincorporated organizational unit that is given a legal capacity in special regulations, which places an Order;
Consumer – a Client who is an individual and executes a Sale Agreement in the Store via the Portal, for purposes not related directly to his business or professional activity (pursuant to art. 221 of the Act of 23 April 1964 – Civil Code);
Store – a brick and mortar store operated by the Seller, located at the following address: ul. Długie Pobrzeże 21, 80-888 Gdańsk, Poland, where Orders can be placed via the online Platform available at ‘https://www.goldwasser.pl/goldwasser-shop’;
Portal – an online portal available at ‘https://www.goldwasser.pl/goldwasser-shop’; being the infrastructure that enables placing orders for goods available in the Store;
Goods – products offered by the Seller on the online platform, which can be purchased in the Store;
Order Form – an interactive form available on the Platform, which enables placing an Order, including but not limited to by adding Products to the Cart and determining terms and conditions of the Sale Agreement, including a payment method;
Order – a declaration of intent submitted by the Client, aimed at executing the Sale Agreement for specified Goods with the Seller;
Sale Agreement – a sale agreement on Goods executed between the Client and the Store;
Attorney – a person who has been given a power of attorney by the Client to receive ordered Goods from the Store on his behalf;
Account – an electronic account of the Client in the Portal, including the functionalities that involve the collection of Client’s data and information about his executed Sale Agreements;
Clearing Agent – a clearing agent in the meaning of the Act of 19 August 2011 on payment services (the harmonised text Dz.U.2020.794), i.e. an entity that renders services as a part of its business activity within payment services, acting as an agent in making payments by the Client under the Sale Agreement;
Civil Code – the Act of 23 April 1964 Civil Code (Dz.U.1964.16.93, as amended);
Act on Rendering E-Services – the Act of 18 July 2002 on rendering e-services (Dz.U.2000.144.1204, as amended);
Act on Consumer Rights– the Act of 3 May 2014 on consumer rights (Dz.U.2014.827, as amended); and
Regulations – these Regulations of the Platform.
- These Regulations shall set forth:
- the rules of registering in and using the Portal;
- types and scope of services rendered by the Seller via the Portal;
- rules of placing Orders and terms and conditions of executing a Sale Agreement on Goods;
- technical requirements that need to be met to be compatible with the IT system used by the Seller and the prohibition of providing any illegal content by the Client;
- terms and conditions of executing and terminating e-service agreements; and
- rules of submitting and handling complaints.
- These Regulations are made available free to the Users on the Portal, where the Users can obtain, display and save their content at any time.
- Information about Goods available in the online Portal together with their description does not constitute an offer in the meaning of art. 66 of the Civil Code, but only a request to execute a Sale Agreement in accordance with art. 71 of the Civil Code.
- Prices given in the Store shall be given in Polish zlotys and shall be gross prices – including value added tax (VAT).
- The Client may contact the Seller on working days, during opening hours of the Store available on the Platform, using the following contact data:
- address: ul. Długie Pobrzeże 21, Gdańsk, Poland;
- e-mail: email@example.com; or
- phone +48 58 301-88-78 and 58 301-12-44.
- The Seller’s bank account number: 62 1240 1268 1111 0011 0481 3693.
E-Services Available in the Online Portal
- The Service Provider shall render the following services for the Users:
- access to the Portal, including services of viewing the content available on the Portal;
- access to the Account; and
- placing Orders for Goods and executing the Sale Agreement for Goods.
- The Online Portal shall constitute the infrastructure that intermediates between the Client and the Seller, making it possible to execute the Sale Agreement on Goods in the Store.
Terms and Conditions of Rendering Services
- The following shall be necessary to use the Store, including to view the range of products in the Store available in the brick and mortar store and to place Orders for Goods:
- a terminal device with access to the Internet and an up-to-date version of a browser, e.g. Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, etc.; and
- an active e-mail account.
- The service of access to and viewing content of the Online Portal as well as access to the Account and placing Orders for Goods shall be free of charge.
- Section 2 above shall not concern amounts due according to the Sale Agreement, executed due to placing an Order by the Client.
Executing a Sale Agreement
- Orders shall be placed by filling in the Order Form by the Client; no Account in the Online Portal shall be required for placing an Order.
- Placing Orders via an Account ensures additional functionalities, such as saving Orders in the Order History, allocating Client’s data to Accounts as well as monitoring current Orders.
- According to applicable regulations, the Seller shall sell alcoholic Goods to persons who are 18+ and provided their behaviour does not indicate that they are intoxicated; moreover, no credited or pledged sales shall be made. If in doubt whether the Client is of age, the Seller shall have the right to require the display of a document that confirms the age of the Client.
- The way of placing Orders:
- in order to place an Order, the Client shall select Goods by adding them to the cart, and the number of specific items in the cart can be modified;
- after the final selection of the type of Goods and their quantity, the Order shall be approved by pressing the ‘Order’ button. Until pressing the ‘Order’ button, it is possible to modify the order in the cart;
- next, carry out activities according to instructions available in the Portal, including by completing the Order Form by providing the following data:
- a name;
- a date of birth;
- information about the method of receiving Goods out of the two option: a personal receipt by the Client or a receipt by an Attorney; in the latter case, information about how the Attorney will act – by filling in the form displayed after selecting the option of collection via the Attorney;
- an e-mail address;
- a contact phone number;
- NIP, if the Client is an Entrepreneur;
- the selection of a payment mode, including a transfer to a bank account of the Seller, a payment via a Clearing Agent or a payment in cash upon receipt; the selected method of payment and receipt shall affect the value of an order (rates available in the Portal);
- after that, the Client confirms the Order by clicking the button ‘I order with a payment duty’, and taking this action shall be understood as the moment of executing the Sale Agreement;
- after taking the action described in par. d above, the Client shall be redirected to the website of the Clearing Agent and next a payment is to be made according to instructions given on the screen; in the course of making the payment, it is necessary to provide personal data, including a name and an e-mail address (in case of a prepayment).
- The Store shall not allow any other way of delivering Goods than their personal receipt at the Store at: Długie Pobrzeże 21, 80-888 Gdańsk, Poland.
- After filling in the Order Form and completing the process described in section 3 above, the following message shall be sent to the e-mail address given by the Client:
- a confirmation from the Seller that an Order has been placed; and
- a confirmation of making a payment (in case of an online payment) from the Clearing Agent.
- The Order shall be fulfilled after receiving a payment by the Seller or after the Seller confirms that the Order has been placed.
Power of Attorney
- The Client shall be authorised to grant the Power of Attorney, including to receiving Goods, by checking the field available in the Order Form that confirms the submission of a declaration of intent of the following content:
‘I hereby authorise Mr/Ms […] to receive Goods from the Seller set forth in the Sale Agreement in the Store located at ul. Długie Pobrzeże 21, 80-888 Gdańsk, and next to execute relevant civil-law contracts aimed at delivering the Goods to a site indicated in the Order Form.’
- Pursuant to the granted Power of Attorney, the Attorney undertakes to deliver Goods as soon as possible by sending a parcel to the Client with a courier service or to deliver Goods personally to the Client.
- For the actions mentioned in sections 1 and 2 above, the Attorney shall receive remuneration in the value set forth in the Order Form.
- The Seller shall be authorised to receive the remuneration due to the Attorney for the acceptance of Goods. After the receipt of remuneration, the Seller shall transfer its full value to the Attorney.
- The Client shall have the right to revoke the Power of Attorney given to the Attorney with an immediate effect by e-mailing a declaration of revoking the Power of Attorney to firstname.lastname@example.org.
- Provisions of sections 1-4 above shall not revoke the right of the Client to grant the Power of Attorney to any other third party to receive Goods.
- The Power of Attorney to receive Goods may be given only and exclusively by the Client who is of age. The Attorney shall have the right to refuse the delivery if the Client’s behaviour indicates that he is not sober.
Performance of the Sale Agreement
- The execution of the Sale Agreement between the Client and the Seller shall take place upon placing an Order by the Client via the Order Form in accordance with § 5 hereof.
- The Order shall be fulfilled immediately upon its receipt, and the time of performing the Order shall not be longer than 5 working days.
- The Sale Agreement shall be considered to be performed after the acceptance of Goods from the Store personally by the Client or by the Attorney of the Client under the granted power of attorney pursuant to § 6 hereof.
- The Client hereby requests the submission of an invoice that documents the execution of the Sale Agreement in an electronic version and gives consent to its delivery by e-mail as well.
- The Seller guarantees the authenticity of origin of invoices e-mailed in the *.pdf format from the e-mail address: email@example.com.
Right to Withdraw from the Sale Agreement
- The Client shall be entitled to withdraw from the Agreement within 14 days from its execution for convenience and without incurring costs, except for any costs set forth in art. 33, art. 34(2) and art. 35 of the Act on Consumer Rights.
- The right to withdraw from the Agreement shall be executed by placing a declaration on the withdrawal from the Sale Agreement:
- in writing, sent to the address: Spirit of Gdańsk spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk, ul. Długie Pobrzeże 21, 80-888, or
- by e-mail to firstname.lastname@example.org.
- The amount due shall be reimbursed as soon as possible after the receipt of Goods by the Seller, however always within 14 days.
- The Seller shall reimburse the payment using the same mode of payment as used by the Client, unless the Client has explicitly consented to another way of reimbursement that does not involve any costs.
Complaints due to the Performance of the Sale Agreement.
- Complaints due to Sale Agreements executed between the Clients and the Seller and due to their performance shall be e-mailed to email@example.com or in writing to the address of the Store.
- For the effective procedure of handling complaints, it is recommended that a complaint notice is to include:
- a name of the Client;
- an address of domicile or registered office;
- an e-mail address;
- an order number;
- information concerning the subject matter of a complaint, i.e. a type of defect, a date when a defect occurred as well as photographic documentation; and
- a request of the Client.
- The Seller shall respond to a complaint within 14 days of its service.
- The Seller shall handle a complaint according to applicable regulations, taking into account the provisions hereof.
- If, as a result of handling a complaint, it becomes necessary to reimburse a due amount paid by the Client, provisions of § 8(3) and (4) shall apply accordingly.
Complaints due to the Delivery by the Attorney
Any and all complaints and irregularities due to the delivery by the Attorney pursuant to the Power of Attorney, including, among other, the receipt of Goods, shall be filed directly to the Attorney, to the e-mail address: firstname.lastname@example.org or in writing to the address: ul. Długie Pobrzeże 21, 80-888 Gdańsk, with the name of the Attorney written.
- The Client may give his consent to receiving a newsletter service, which involves regular dispatches of an information bulletin of the Seller and marketing messages of the Seller and his business partners (commercial information).
- The newsletter may be subscribed for by checking a relevant option in the registration form or on a later date by filling in the form of starting the newsletter service (‘Newsletter’ tab).
- The newsletter service shall be voluntary and free of charge.
- The newsletter service shall be rendered indefinitely and the Client may withdraw from this service at any time by filling in a resignation form/checking the ‘Cancel newsletter’ option.
- Information concerning personal data processing is included in a separate document – an information clause available at: […].
No Illegal Content
- The User shall use the Online Portal according to its designated use and is obliged to use the Portal for a purpose that complies with applicable rules of law.
- The User shall not transfer any illegal content to or via the Portal.
- The Service Provider shall be authorised to block and remove content made available by the User if he considers it illegal.
Out-of-Court Handling of Complaints and Claim Enforcement
- The Consumer shall have the right to use out-of-court methods of handling complaints and enforcing claims. Using such methods shall be voluntary and may take place by consent of both Parties (the Client and the Seller).
- The Consumer may file an application for initiating the proceedings for the out-of-court resolution of consumer disputes that concern the executed Sale Agreement to the Commercial Inspectorate (IH) pursuant to art. 36 of the Act of 15 December 2000 on Commercial Inspectorate (Journal of Laws from 2001, No 4, Item 25, as amended).
- The Consumer may file an application for resolving a dispute that concerns the executed Sale Agreement by a permanent arbitration court acting at a relevant provincial inspectorate of the Commercial Inspectorate, pursuant to art. 37 of the Act of 15 December 2000 on Commercial Inspectorate (Journal of Laws from 2001, No 4, Item 25, as amended).
- The European Commission provides access to an online platform for resolving disputes between Consumers and Entrepreneurs (ODR platform). It is available at http:/ec.europa.eu/consumers/odr/.
- Detailed information about a consumer dispute resolution, including an option for the Consumer to use out-of-court ways of handling complaints, enforcing claims and rules of getting access to such procedures, shall be made available by provincial inspectors of the Commercial Inspectorate and at: https://uokik.gov.pl/spory_konsumenckie.php.
- Any disputes shall be resolved according to law applicable in the territory of the Republic of Poland.
- Agreements made with Clients shall be made in Polish.
- All names of products placed on the website of the Store shall be used for identification purposes and may be protected and/or reserved pursuant to the regulations of the Act of 30 June 2000 Industrial Property Law and other rules of law.
- Any and all disputes that arise out of the Sale Agreement shall be resolved by a competent common court.
- Any and all disputes that arise out of the Power of Attorney granted by the Client, according to the provisions hereof, shall be resolved by a court competent for the city of Gdańsk.
- The Seller reserves the right to make amendments hereto. An effective date of the amended Regulations shall be minimum 7 days of a date of a notice of amendments to the Regulations.
- An amendment to the Regulations shall not affect orders placed before such an amendment, which shall be fulfilled according to present terms and conditions.
- Applicable rules of Polish law shall apply to any issues not governed herein.