§ 1 INTRODUCTORY PROVISIONS

1. The POSHE online shop, available at poshedrinks.com, is run by Michał Łoziński conducting business activity under the name POSHE Drinks sp. z o. o. at 35 Chopina Street, 71- 450 Szczecin, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economy, NIP 851-325-89-89, REGON 388726934.

2. These Terms and Conditions are addressed to Consumers and set out the rules and procedures for the conclusion of a Distance Sales Agreement with the Consumer through the Shop.

§ 2 DEFINITIONS

1. Consumer – a natural person concluding a contract with the Seller through the Shop, the subject of which is not directly related to his/her economic or professional activity.

2. Seller – a natural person conducting business under the name POSHE Drinks sp. z o. o., registered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister of Economy, Tax Identification Number (NIP) 851-325-89-89, Business Identification Number (REGON) 388726934.

3. Customer – any entity making purchases through the Store.

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 on its own behalf, which uses the Store.

5. Shop – online shop operated by the Seller at the Internet address poshedrinks.com.

6. Distance contract – a contract concluded with the Customer within an organised distance contracting system (within the Shop), 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 contract.

7. Terms and Conditions – these rules and regulations of the Store.

8. Order – Customer’s declaration of will placed via the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.

9. Account – Customer’s account in the Store, where the data provided by the Customer and information about Orders placed by him/her in the Store are stored.

10. Registration form – a form available in the Store which allows for the creation of an Account.

11. Order form – an interactive form available in the Store which allows for placing an Order, in particular by adding Products to the Basket and defining terms of the Sales Agreement, including delivery and payment method.

12. Basket – an element of the Shop’s software in which the Products selected by the Customer for purchase are visible, and in which it is possible to determine and modify the Order’s data, in particular the quantity of the Products.

13. Product – a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.

14. Sales Agreement – the contract of sale.

§ 3 CONTACT WITH THE SHOP

1. Seller’s address: 35 Chopina Street, 71-450 Szczecin, Poland

2. E-mail address of the Seller: info@poshedrinks.com

3. Seller’s telephone number: +48 721 881 771

4. Seller’s fax number: none

5. Seller’s bank account number: 54 1440 1387 0000 0000 1647 3847

6. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.

7. The Customer may communicate with the Seller by telephone from Monday to Friday from 8:00 am to 4:00 pm.

§ 4 TECHNICAL REQUIREMENTS

In order to use the Shop, including browsing the Shop’s assortment and placing orders for Products, the following are necessary:

a. a terminal device with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari,

b. an active electronic mail (e-mail) account,

c. cookies are enabled,

d. FlashPlayer installed

§ 5 GENERAL INFORMATION

1. To the fullest extent permitted by law, the Seller shall not be liable for any disruption, including interruption to the operation of the Shop caused by force majeure, unauthorised action of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.

2. Browsing the range of products in the Store does not require creating an Account. Placing orders by the Customer for Products in the Shop’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the fulfilment of the order without creating an Account.

3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).

§ 6 CREATING AN ACCOUNT IN THE SHOP

1. In order to create an Account in the Store, you need to fill in the Registration Form. It is necessary to provide the following data – Name, e-mail address, telephone.

2. Creating an Account in the Store is free.

3. Logging into an Account takes place by providing a login and password established in the Registration Form.

4. The Customer may at any time, without giving any reason and without incurring any fees for this, delete the Account by sending a request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

§ 7 PRINCIPLES OF PLACING AN ORDER

In order to place an Order it is necessary to:

1. log in to the Store (optional);

2. select the Product that is the subject of the Order and then click on the ‘Add to basket’ button (or equivalent);

3. log in or use the option of placing an Order without registration;

4. if the option of submitting the Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order;

5. click the ‘Order and pay’ button and confirm the order by clicking on the link sent in the e-mail;

6. choose one of the available payment methods and, depending on the payment method, pay for the Order within the specified period, subject to §8 point 3.

§ 8 METHODS OF DELIVERY AND PAYMENT OFFERED

1. The Customer may use the following methods of delivery or collection of the ordered Product:

a. Courier delivery, parcel delivery

b. Personal collection available at the address: ul. Chopina 35, 71-450 Szczecin.

2. The customer may use the following payment methods:

a. Payment by bank transfer to the Seller’s account within 1 day from the date of concluding the sales agreement

b. Electronic payment within 1 day from the date of concluding the sales agreement

c. Payment by credit card within 1 day of the conclusion of the sales contract.

3. Detailed information on delivery methods and acceptable payment methods can be found in § 14.

§ 9 PERFORMANCE OF THE CONTRACT OF SALE

1. The conclusion of the Contract of Sale between the Customer and the Seller takes place after the Customer places an Order through the Order Form on the Online Store in accordance with § 7 of the Terms and Conditions.

2. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending to the Customer the relevant e-mail message to the Customer’s e-mail address provided during the Order placement process, which contains at least the Seller’s statements of receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above email, the Sales Agreement between the Customer and the Seller is concluded.

3. If the Customer chooses:
a. Payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 1 calendar day from the day of concluding the Sales Agreement – otherwise the order will be cancelled.

b. Payment by cash on delivery, the Customer is obliged to make payment on delivery within 1 day from the day of receiving information that the parcel is ready for collection.

4. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in the about us/delivery tab (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.

5.
a. If Products with different delivery times are ordered, the delivery date shall be the longest date given.

b. When the Customer orders Products with different delivery times, the Customer has the option to request delivery of the Products in parts or all Products when the entire order is completed.

6. The start of the deadline for delivery of the Product to the Customer is calculated as follows:

a. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date the Seller’s bank account is credited.

b. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.

c. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order.

7. If the Customer orders Products with different dates of readiness for collection, the date of readiness for collection is the longest date given.

§ 10 RIGHT OF WITHDRAWAL

1. A consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from it without giving any reason within 14 days. The request to withdraw from the sales contract should be submitted in writing or electronically to the Seller’s addresses specified in these Terms and Conditions or by using the electronic contact form made available by the Seller on the Contact page. The time for processing the request is 5 working days.

§ 11 COMPLAINT AND WARRANTY

1. The complaint should be made in writing or electronically to the addresses specified in these Terms and Conditions of the Seller or by using the electronic contact form, made available by the Seller on the Contact page.

2. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer making the complaint, and the Customer’s request in connection with the defect of the goods. The complaint processing time is 5 working days.

§ 12 OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

1. Detailed information about the possibility of using out-of-court complaint handling and claim investigation procedures by the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php

http://www.uokik.gov.pl/sprawy_indywidualne.php oraz

http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer has the following exemplary possibilities of using out-of-court ways of dealing with complaints and claims:

a. The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.

b. The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

c. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, using also the free assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

§ 13 PERSONAL DATA IN THE INTERNET SHOP

1. The administrator of Customers’ personal data collected via the Online Store is the Seller.

2. Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees – also for marketing purposes.

3. Recipients of personal data of the Customers of the Online Store may be:

a. In the case of a Customer who uses postal or courier delivery methods in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.

b. In the case of a Customer who uses electronic payment method or payment card payment in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the aforementioned payments in the Online Store.

4. The Customer has the right to access and correct his/her data.

5. Provision of personal data is voluntary, although the failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the impossibility to conclude this agreement.

§ 14 METHODS OF PAYMENT

1. The online payment service provider is PayPro SA

● Available forms of payment: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.

● Returns: The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.

● Processing time is calculated from the time of positive payment authorisation and is a maximum of 14 days.

Do you have additional questions? Go to the Contact section. If you want to know more about our privacy policy, click here.

§ 15 FINAL PROVISIONS

1. Contracts concluded through the Online Store are concluded in the Polish language.

2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in laws, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.

3. Matters not regulated in these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.

4. The Customer has the right to use out-of-court ways of dealing with complaints and claims. For this purpose, he/she may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.