REGULATIONS FOR PROXY AUTHORIZATION TO COLLECT GOODS FROM

THE STORE ORDERED VIA THE ELECTRONIC ORDERING PLATFORM AT “FINESPIRITS.PL“

 

I. Definitions

Terms used in these Regulations mean:
1.1. Customer – a natural person, legal person, or organizational unit without legal personality to which specific provisions grant legal capacity, who places an Order via the electronic ordering platform;
1.2. Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
1.3. Regulations – these Regulations defining the basic principles of operation of the Proxy for the collection of Goods from the FINESPIRITS store ordered via the electronic ordering platform;
1.4. Store – the stationary sales point located in Warsaw at ul. Cybernetyki 17/U5, where orders can be placed using the electronic platform available at www.finespirits.pl;
1.5. Goods – products displayed on the electronic platform that can be purchased in the Store;
1.6. Sales Agreement – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between JELLYFISH MEDIA limited liability company with its registered office in Warsaw, and the Customer, executed in the Store located in Warsaw at ul. Cybernetyki 17/U5.
1.7. Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827, as amended);
1.8. Act on Providing Services by Electronic Means – the Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
1.9. Order – a declaration of will by the Customer, aimed directly at concluding a Sales Agreement in the Store, specifying in particular the type and quantity of Goods;
1.10. EP – the electronic ordering platform in the Store operated at www.finespirits.pl;
1.11. Proxy – a person to whom the Customer has granted a proxy to collect Goods from the Store on their behalf, under the terms defined in these Regulations.

II. General Provisions

2.1. The Regulations define the rules for granting proxy authorization to the Proxy for the collection from the Store of Goods ordered using the EP available at www.finespirits.pl.
2.2. The Regulations constitute the document referred to in Article 8 of the Act on Providing Services by Electronic Means.
2.3. The Store, where orders can be placed via the EP, is operated by JELLYFISH MEDIA limited liability company with its registered office in Warsaw. The Proxy is a separate entity from the aforementioned and acts for the benefit of the Customer.
2.4. The Regulations define in particular the rules for granting proxy authorization and the release of Goods to the Customer.
2.5. The Proxy may only act for the benefit of a Customer who is at least 18 years old.
2.6. The Proxy will not release Goods to a person whose behavior indicates they are intoxicated.
2.7. The Proxy does not conclude the Sales Agreement for Goods.
2.8. The Customer may access the Regulations at any time via a link placed on the main page of the service and may download and print them.
2.9. The Sales Agreement for Goods is concluded and executed exclusively in the Store.
2.10. A condition for using the services performed by the Proxy is correct registration in the EP under the terms specified in its associated regulations.
2.11. A condition for using the Proxy’s services is acceptance of the content of the Regulations and providing personal data marked as mandatory.
2.12. The Customer authorizes the Proxy to process their personal data for the purpose of executing the proxy.

III. Execution of Proxy

3.1. The execution of the proxy by the Proxy consists of collecting the Goods at the point of sale, i.e., in the Store located in Warsaw at ul. Cybernetyki 17/U5, and then delivering them to the address indicated by the Customer.
3.2. For the purpose of executing the proxy, the Customer grants proxy authorization to IINPOST limited liability company, Tax ID (NIP) 6793108059.
3.3. The Proxy will deliver the purchased Goods by courier shipment or in another manner agreed with the Customer. The delivery costs along with the Proxy’s fee are indicated in the EP. Additionally, delivery costs will be indicated when placing the Order, if the Customer chooses collection of the Goods by the Proxy.
3.4. The Proxy does not deliver the purchased Goods, and the Customer does not address the purchased Goods to, nor commission their delivery to or in the following places:

• On the premises of schools and other educational, care, and student dormitory institutions and facilities,
• On the premises of workplaces and employee group catering facilities,
• At places and during times of mass gatherings,
• In public transport vehicles and facilities,
• In facilities occupied by military and internal affairs authorities, as well as in the area of barracks facilities and temporary accommodation of military units,
• In training centers and holiday homes, if the Goods contain more than 18% alcohol,
• At open-air events and in stadiums and other sports facilities, if the Goods contain more than 4.5% alcohol, unless the delivery location is covered by a permit for the sale, serving, and consumption of such beverages, and the delivery takes place in a location designated for such sale, serving, and consumption,
• In places, facilities, or in specified areas of a municipality, if, due to their nature, the municipal council has introduced a temporary or permanent ban on the sale, serving, consumption, and bringing in of alcoholic beverages,
• In other places where the delivery of Goods is prohibited under generally applicable law.
  3.5. The Proxy will execute the delivery within 3 business days from the date of collection of the Goods from the Store on behalf of the Customer.
  3.6. The Proxy may act in its own name and for the benefit of the Customer, as well as directly in the name of the Customer and for their benefit, at its own discretion.

IV. Proxy’s Fee

4.1. The amount of the Proxy’s fee for the execution of the proxy is given in Polish złoty and includes all components, including VAT (with the rate specified) and all other charges.
4.2. The amount of the Proxy’s fee depends on the delivery method chosen by the Customer and is listed on the EP page. It will additionally be indicated during the placement of the Order, if the Customer chooses the option of collection of the Goods by the Proxy.
4.3. The Customer pays the Proxy’s fee together with the payment for the Goods purchased in the Store and according to the methods indicated there and chosen by them.
4.4. The Customer authorizes the Proxy to receive the transferred Proxy’s fee from JELLYFISH MEDIA limited liability company with its registered office in Warsaw.

V. Right of Withdrawal

5.1. The Customer has the right to withdraw from the collection of the Goods by the Proxy until the Goods are dispatched to them.
5.2. In the event of exercising the right of withdrawal, the Goods will be released exclusively in the Store.
5.3. The right of withdrawal is exercised by submitting a relevant statement to the Proxy at the e-mail address: [email protected] or in another manner leaving no doubt that the statement reached the addressee.
5.4. In the event of withdrawal before the Goods are dispatched to the Customer, the collected Proxy’s fee will be refunded to the Customer. The refund will be made in the same manner as the payment was made.

VI. Final Provisions

6.1. The resolution of any disputes arising between the Proxy and a Customer who is a consumer within the meaning of Art. 22¹ of the Civil Code shall be submitted to the competent courts in accordance with the provisions of the relevant Code of Civil Procedure.
6.2. The resolution of any disputes arising between the Proxy and a Customer who is not a consumer within the meaning of Art. 22¹ of the Civil Code shall be submitted to the court competent for the registered office of the Proxy.
6.3. For matters not regulated in these Regulations, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.
6.4. By accepting the Regulations, the Customer consents to the processing of their personal data contained in the submitted Order for purposes necessary to execute the concluded agreement – in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
6.5. By accepting the Regulations, the Customer declares that they have read the Information Clause regarding the processing of their personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).