TERMS AND CONDITIONS OF THE ELECTRONIC ORDERING PLATFORM “FINESPIRITS.PL”

Owner:

JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw, address: ul. Konstruktorska, no. 12, 02-673, Warsaw, registered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw, XIV Commercial Division of the National Court Register under KRS number: 0001053546, REGON: 526153558, NIP (Tax Identification Number): 1133105750.

Definitions

Terms used in these Terms and Conditions mean:

1. Customer – a natural person, legal person, or organizational unit without legal personality but granted legal capacity by specific provisions, placing an Order via the electronic ordering platform;
2. Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
3. Terms and Conditions – these Terms and Conditions defining the basic rules for using the electronic ordering platform in the FINESPIRITS Shop;
4. Shop – the stationary point of sale located in Warsaw at ul. Cybernetyki 17/U5, where Orders can be placed using the electronic platform available at www.finespirits.pl.
5. Goods – products presented on the electronic platform which can be purchased in the Shop;
6. Sales Agreement – an agreement for the sale of Goods as defined in the Civil Code, concluded between JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw, and the Customer, fulfilled at the Shop located in Warsaw at ul. Cybernetyki 17/U5.
7. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended);
8. Act on Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
9. Order – a declaration of will by the Customer, aimed directly at concluding a Sales Agreement in the Shop, specifying in particular the type and quantity of the Goods;
10. EP – the electronic ordering platform for the Shop operated at www.finespirits.pl.
11. Proxy – a person whom the Customer has granted power of attorney to collect the Goods from the Shop on their behalf and/or to pay for the Goods.

 

General Provisions

1. These Terms and Conditions define the rules for using the EP located at www.finespirits.pl.
2. These Terms and Conditions are the document referred to in Article 8 of the Act on Provision of Electronic Services.
3. The Shop, where orders can be placed via the EP, is operated by JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw and is located in Warsaw at ul. Cybernetyki 17/U5.
4. These Terms and Conditions specify in particular:

1. the rules for registration and use of an account within the EP;
2. the conditions and rules for reserving products available in the Shop via the EP;
3. the conditions and rules for placing Orders in the Shop via the EP;
4. the rules for concluding Sales Agreements in the Shop using the EP.

1. Use of the EP is possible provided the IT system used by the Customer meets the following minimum technical requirements:

1. Chrome version 49 and higher
2. Firefox version 43 and higher
3. MS Internet Explorer version 10 and higher
4. Microsoft Edge version 13 and higher
5. Opera version 36 and higher
6. Safari version 4 and higher
7. minimum screen resolution 1024 x 768 pixels
8. the browser must enable the use of JavaScript mechanisms and allow storing cookies
9. To use the EP, the Customer should gain access to a computer station or terminal device with internet access.
10. In accordance with applicable law, JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw sells only to persons who have reached the age of 18 and whose behavior does not indicate intoxication. It does not sell on credit or against a pledge.
11. Customers can access these Terms and Conditions at any time via a link placed on the main page of the service and may download and print them.
12. Information about Goods contained in the Shop’s EP, in particular their descriptions and prices, constitutes an invitation to conclude an agreement, within the meaning of Article 71 of the Civil Code.
13. The Sales Agreement for Goods is concluded and fulfilled exclusively in the Shop.
14. The electronic ordering platform presents offers for alcoholic beverages, non-alcoholic beverages, thematic literature, and accessories related to the above.

 

Rules for Using the EP

1. A condition for starting to use the EP is registration within it.
2. Registration occurs by completing and accepting the registration form, made available on one of the pages of the EP.
3. A condition for registration is acceptance of the content of these Terms and Conditions and providing personal data marked as mandatory. By registering, the Customer authorizes EDRONE LIMITED LIABILITY COMPANY with its registered office in Krakow (ul. Lekarska 1, 31-203 Krakow, NIP: 676-248-20-64, KRS: 0000537197) to process their personal data.
4. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw may deprive the Customer of the right to use the EP, and may also limit their access to part or all of its content, with immediate effect, in the event of a violation of these Terms and Conditions by the Customer, and in particular, when the Customer:

1. provided during registration in the EP data that is untrue, inaccurate, not current, misleading, or infringes the rights of third parties,
2. has, via the EP, infringed the personal rights of third parties, in particular the personal rights of other users of the EP,
3. has committed other acts considered by JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw to be contrary to applicable law or general principles of using the Internet or harming the good name of JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw.
4. has not reached 18 years of age.

5. A person who has been deprived of the right to use the EP may not re-register without the prior consent of JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw.
6. To ensure the security of message and data transmission within the EP, the Shop undertakes technical and organizational measures appropriate to the degree of threat to the security of services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.
7. The Customer is obliged in particular to:

1. not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory, or infringing personal rights and other rights of third parties,
2. use the EP in a manner that does not disrupt its functioning, in particular through the use of specific software or devices,
3. refrain from actions such as: sending or placing unsolicited commercial information (spam) within the EP,
4. use the EP in a manner not burdensome for other customers and for JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw,
5. use any content placed within the EP only for personal use,
6. use the EP in accordance with the law applicable in the territory of the Republic of Poland and the provisions of these Terms and Conditions.

 

Procedure for Concluding a Sales Agreement

1. To conclude a Sales Agreement in the Shop via the EP, one must go to the website www.finespirits.pl, select the Goods, undertaking subsequent technical steps based on displayed messages and information available on the page.
2. The selection of ordered Goods by the Customer is done by adding them to the cart.
3. During the placement of an Order – until pressing the “Order” button – the Customer has the possibility to modify entered data and the Goods. To do this, follow the displayed messages and information available on the page.
4. After the Customer using the EP provides all necessary data, a summary of the placed Order will be displayed. The Order summary will contain information regarding:

1. the subject of the order,
2. the unit and total price of ordered products, including the Proxy’s fee for collecting and delivering the Goods to the Customer, if the Customer decided to use their services, and additional costs (if any),
3. the selected payment method,
4. the time and mode of the Proxy’s action.

1. To send the Order to the Shop, it is necessary to accept the content of these Terms and Conditions, provide personal data marked as mandatory, and press the “Order with obligation to pay” button.
2. Sending the Order by the Customer constitutes a declaration of will to conclude a Sales Agreement with JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw in the Shop, in accordance with the content of these Terms and Conditions.
3. After placing the Order, the Customer receives an email message containing final confirmation of all essential elements of the Order.
4. The Sales Agreement is considered concluded at the moment of issuing the Goods in the Shop to the Customer or to the Proxy.
5. The place of conclusion and fulfillment of the Sales Agreement is the Shop, located in Warsaw at ul. Cybernetyki 17/U5.
6. The Sales Agreement is concluded in Polish, with content consistent with these Terms and Conditions.

 

Issuance of Goods

1. Issuance of Goods takes place at the point of sale in the Shop located in Warsaw at ul. Cybernetyki 17/U5.
2. At the request of the Customer, the Goods may be issued to their Proxy at the point of sale, i.e., the Shop located in Warsaw at ul. Cybernetyki 17/U5.
3. To issue the Goods to the Proxy, the Customer should grant appropriate power of attorney on the terms defined in a separate regulation.
4. In the event the Customer wishes to use the services of a Proxy, the Customer authorizes JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw to issue the Goods purchased by the Customer to the Proxy.
5. In the event the Customer wishes to use the services of a Proxy, the Customer authorizes JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw to transfer to the Proxy the amount of the collected Proxy’s fee.
6. In the event the Customer wishes to use the services of a Proxy, the Customer authorizes JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw to transfer all their personal data to the Proxy.
7. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw before issuing the Goods to the Customer re-verifies the age and sobriety of the Customer. In the case of collection of the Goods by a Proxy, JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw verifies the fact of granting power of attorney to the Proxy by the given Customer and the age and sobriety of the Proxy. Additionally, the Proxy, before receiving authorization to act on behalf of and for the Customer, is obliged to verify the age and sobriety of the Customer.
8. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw undertakes to issue the ordered goods free from defects.

 

Prices and Payment Methods

1. Prices of Goods are given in Polish zlotys and include all components, including VAT (with the rate indicated), customs duties, and all other charges.
2. The Customer has the possibility to pay the price by:

1. bank transfer to the bank account number,
2. payment in the PayU Polska system,
3. payment card in the Payeeze Polska, MasterCard, Visa system; collection of payment will occur at the moment of redirection to the payment card operator’s page directly after confirmation of placing the Order for the Goods,
4. payment in the Shop via a Proxy.
5. The payment term for an order is 14 days for an order with prepayment or on the day of order issuance in Warsaw at ul. Cybernetyki 17/U5.

 

Right to Withdraw from the Agreement

1. The Customer has the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period expires after 14 days from the day the Goods were issued.
2. The right to withdraw from the agreement is exercised by submitting a written statement to **JELLYFISH MEDIA LIMITED LIABILITY COMPANY address: ul. Konstruktorska, no. 12, 02-673, Warsaw, or electronically to the email address: [email protected].
3. To exercise the right to withdraw from the agreement, the Customer may use the template form made available on the EP.
4. In the event of withdrawal from the agreement, the paid sale price will be returned to the Customer (except for additional costs, e.g., for the Proxy’s action) without delay, and in any case no later than 14 days from the day of receiving the statement of withdrawal from the agreement, subject to point 7.6. below.
5. The price will be refunded using the same payment methods that were used by the Customer in the original transaction, unless the Customer explicitly states otherwise, subject to the Shop’s prior acceptance.
6. The Shop is not obliged to refund the price before receiving the returned Goods.
7. The returned Goods should be sent to the address: **JELLYFISH MEDIA LIMITED LIABILITY COMPANY ulica Cybernetyki 17/U5, 02-677, Warsaw, without delay, and in any case no later than 7 days from the day of submitting the statement of withdrawal from the agreement. Exceeding this deadline results in the effects specified in point 7.6. above. The cost of returning the goods is borne by the Customer.
8. In the case of negative verification by the Proxy or by an employee of the Shop of the age or sobriety of the Customer, the Proxy or the Shop employee, respectively, has the right not to issue the Goods to the Customer.

 

Warranty for Defects

1. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw as the seller is liable to the Customer who is a consumer within the meaning of Article 22[1] of the Civil Code, under warranty for defects to the extent specified in the Civil Code.
2. Complaints resulting from infringement of the Customer’s rights guaranteed by law or based on these Terms and Conditions should be sent to the address [email protected]. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw undertakes to consider the complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.
3. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw is not the manufacturer of the goods and does not provide warranties for sold items.

 

Complaints Regarding Provision of Electronic Services

1. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw takes action to ensure fully correct operation of the EP, to the extent resulting from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by the Customer.

1. The Customer is obliged to immediately notify JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw of any irregularities or interruptions in the operation of the EP.

1. Irregularities related to the operation of the EP can be reported by the Customer by email to [email protected] or using the contact form.

1. In the report, the Customer should provide their first and last name, correspondence address, type and date of occurrence of the irregularity related to the operation of the EP.
2. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw undertakes to consider reports within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.

1. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw undertakes to comply with the code of good practice referred to in Article 2 point 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws 2016, item 3).

1. JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw informs about the possibility of using extrajudicial methods of complaint handling and claim pursuit, i.e.:

1. The Customer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are defined by the Regulation of the Minister of Justice of 25 September 2001 on determining the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws 2001, No. 113, item 1214).
2. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller. Information on the principles and procedure of mediation conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Trade Inspection Inspectorates.
3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also by using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, the Polish Consumers Association). Advice is provided by the Federation of Consumers at the free consumer helpline 800 007 707 and by the Polish Consumers Association at email address [email protected].

 

Final Provisions

1. The resolution of any disputes arising between JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw, and the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant Code of Civil Procedure.
2. The resolution of any disputes arising between JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw, and the Customer, who is not a consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the court competent for the registered office of JELLYFISH MEDIA LIMITED LIABILITY COMPANY with its registered office in Warsaw.
3. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.
4. By accepting these Terms and Conditions, the Customer consents to the processing of their personal data contained in the placed Order for purposes necessary to perform 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).
5. By accepting these Terms and Conditions, the Customer declares that they have read the Information Clause regarding the processing of their personal data pursuant to 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).