Terms and Conditions of the vinoandmore.pl Platform

I. General Provisions

  1.    These Terms and Conditions of the vinoandmore.pl platform (hereinafter referred to as the “Terms”) define the rules and conditions for using services provided electronically via the platform available at the domain vinoandmore.pl (hereinafter referred to as the “Platform”).
  2.    The Administrator is Vino&more sp. z o.o. with its registered office in Warsaw (ul. Pasłęcka 16c/15, 03-137 Warsaw), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0001113205, holding Tax Identification Number (NIP) 5243010521 (hereinafter referred to as the “Administrator”).
  3.    The Platform is intended exclusively for individuals who have reached the age of 18.
  4.    The Administrator holds a valid permit for the sale of alcoholic beverages intended for consumption off-premises No. 178/W/2024 Register No. 70/753/2024
  5.    The Administrator can be contacted at the address specified in section 2 above, as well as via email at info@vinoandmore.pl.
  6.    The place of conclusion of sales agreements for goods within the Platform with the Administrator is the sales point located in Warsaw at ul. Pasłęcka 16c/15.
  7.    To use the Platform, it is necessary to have a computer or other device with internet access and equipped with standard software for browsing and using websites (e.g., Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, or Safari in their current versions), as well as access to a properly configured email account, the address of which was provided during the Platform registration by the customer.
  8.     All information contained on the Platform relating to the goods offered for sale (including prices) does not constitute a commercial offer within the meaning of Article 66 of the Civil Code but rather an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
  9.    These Terms apply to services provided by the Administrator collectively within the Platform. Services within the Platform are not provided separately. Resignation from one service entails resignation from the remaining Platform services.

II. Customers

  1.    Customers of the Platform (hereinafter referred to as “Customers”) may be individuals who have reached the age of 18, as well as legal entities and organizational units without legal personality, which are granted legal capacity by specific provisions, and which make or intend to make purchase offers or use other Platform services.
  2.    The Customer is obliged to comply with the provisions of these Terms binding upon them.
  3.    Customers interested in having an account on the Platform may complete the registration form available on the Platform’s website by providing the required data, including their email address, first name, last name, date of birth, contact phone number, delivery address, Tax Identification Number (NIP) (optional), and by accepting these Terms.
  4.    A message confirming the registration and other legally required information will be sent to the email address provided by the Customer.
  5.    The Customer cannot submit a purchase offer for goods within the Platform without registering on the Platform.
  6.    Upon successful registration, the Customer also gains access to a data set created for them (hereinafter referred to as the “Account”), which they can access by providing the email address and password reported to the Administrator (login). The agreement for the provision of electronic services in the scope of Account management is concluded between the Customer and the Administrator at the moment the Customer gains access to their Account.
  7.    The Account contains the Customer’s data provided in the registration form and their purchase history within the Platform.
  8.    In the event of any changes to the data contained in the Account, the Customer is obliged to update them immediately using the appropriate form available on the Platform’s website. The Customer is responsible for providing incomplete, outdated, or false data or for failing to update their data.
  9.   A Customer who is a natural person using the Platform in connection with their business activity or who is a legal entity or an organizational unit without legal personality, which is granted legal capacity by law, may register and perform other activities within the Platform through a person authorized to act on their behalf. It is prohibited to submit purchase offers or log in using the data of entities without proper authorization from persons entitled to act on behalf of such entities.
  10.    The Customer is not allowed to share their Account access with others, including disclosing the password used to access the Account. The Customer is obliged to keep their Account password confidential and to secure it against disclosure. The Customer is obliged to immediately inform the Administrator if their Account access data has been taken over by third parties and to explain the circumstances of such takeover.

III. Purchases within the Platform

  1.    Information about goods, including their prices, is published on the Platform.
  2.    The Customer’s selection of goods and confirmation of their intention to purchase constitutes an offer to conclude a sales agreement within the Platform (hereinafter referred to as the “Order”).
  3.    The Customer selects goods by adding the chosen goods to a virtual cart. The gross price of the goods is visible in the virtual cart. Placing goods in the virtual cart does not reserve them. If the quantity of available goods is exhausted before the Customer confirms the Order, the Administrator reserves the right not to accept the Order for fulfillment.
  4.    After selecting the goods and before making the payment, the Customer is obliged to complete an electronic form by providing the required data necessary for contact or for the collection of goods by an entity authorized by the Customer.
  5.    The Customer is responsible for providing incomplete, outdated, or false data.
  6.    After the Customer confirms the Order, the Customer will receive an email confirmation of the Order submission to the email address provided in the Order, along with all essential elements of the Order, including the total price of the ordered goods. Failure to receive the Order confirmation by the Customer means that the Order has not been accepted for fulfillment, and the sales agreement has not been concluded. If only part of the Order is confirmed, the agreement is concluded only for the confirmed goods. If the Customer is not interested in concluding an agreement for part of the goods, they may withdraw from the agreement within 14 days from the date of receiving the purchased goods.
  7.    If the Administrator cannot fulfill the obligation in full due to the unavailability of the goods or due to unforeseen circumstances preventing the delivery of the goods to the Administrator, or if the goods have been damaged or lost, the Administrator will immediately notify the Customer and either refund the received amount or provide a substitute performance of equivalent value, at the Customer’s choice and with their consent.

IV. Payments

  1.    The Customer may choose from the following payment methods:
         

    1. Online payment made by the Customer electronically using payment methods provided by a specialized payment institution with which the Administrator has concluded an agreement.
  2.    If the Customer chooses payment via payment cards with internet payment functionality or bank transfers, the Customer will be redirected to a website enabling electronic payment.
  3. Payment transactions via electronic payments and payment cards are processed in accordance with the Customer’s choice through the Paynow.pl or PayPal.com service. The handling of electronic payments and payment cards is conducted by:
        

    1. The payment operator PAYNOW – mBank S.A. with its registered office in Warsaw, ul. Senatorska 18, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000025237, NIP: 526-021-50-88, REGON: 001254524 (hereinafter referred to as “PAYNOW”). The terms of online payments are defined by PAYNOW on the website https://www.paynow.pl/.
    2. PayPal.com – PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor, 22–24 Boulevard Royal, L-2449, Luxembourg.
  4.    The gross price of the goods includes taxes and all fees required by applicable law. The costs of possible goods delivery are indicated separately.
  5.    The purchase of goods by the Customer results in the issuance of a settlement document by the Administrator.
  6.    The Administrator may grant the Customer a discount or a discount voucher under the terms described on the Platform. Accumulated discounts may be used by the Customer exclusively for the purchase of goods. The discount value reduces the price paid by the Customer for the goods. Discounts may only be combined if explicitly stated on them. Discounts are non-transferable and cannot be exchanged for cash.

V.Collection of Goods

  1.    The Administrator does not provide delivery of ordered goods. The delivery of goods is a transaction independent of the sales agreement and is carried out solely under the terms specified separately by the Customer.
  2.   The Customer is obliged to collect the ordered goods at the sales point in Warsaw, ul. Pasłęcka 16c/15, during the opening hours indicated on the Platform
  3.    Information about the readiness of the Order for collection will be sent to the Customer at the email address provided during the Order placement. The person collecting the goods will be required to provide the Customer’s first and last name and the Order number.
  4.    The Order will be ready for collection for 7 days from the notification of the Order’s readiness for collection. If the Customer is unable to collect the Order for any reason, they may contact the Administrator via email or phone to extend the collection period by 7 days.
  5.   Orders not collected on time will be canceled (including a refund of the payment). If Orders are not collected from the sales point, the ability to place Orders may be blocked.
  6.    The Customer may collect the goods in person or through another entity authorized by the Customer. The Customer may also use the collection service by authorizing an entity cooperating with the Administrator or by indicating another entity that will collect the ordered goods from the sales point and deliver them to the Customer. The costs of collecting the goods by a courier company, borne by the Customer in addition to the price of the goods, are indicated on the Platform when placing the Order.
  7.    If the Customer chooses the option of collecting the Order through another entity authorized by the Customer, the release of the goods to the Customer occurs at the moment the Administrator releases the ordered goods. By selecting the option of collecting the goods through another entity in the Order, the Customer declares that they authorize a person from that entity to collect the goods on their behalf. The Customer may choose the option of collecting the Order by authorizing an entity cooperating with the Administrator and having that entity send the shipment for delivery under the delivery terms specified on the Platform and proposed by the authorized carrier cooperating with the Administrator. The Administrator will transfer the amount paid by the Customer for the delivery to the entity.
  8.     Only the following persons are authorized to place Orders and collect goods: adults, sober at the time of placing the Order and its collection, who are not prohibited from purchasing alcoholic beverages under Article 15 of the Act on Upbringing in Sobriety, and who are not purchasing alcohol for resale. Confirmation of the Order by the Customer is equivalent to a declaration that the Customer takes responsibility for the collection of the purchased goods by an authorized person. In case of doubt, the Administrator reserves the right to verify the age by requesting an identity document. The Customer undertakes that persons collecting the ordered goods on their behalf will meet the conditions specified in the preceding sentence. The Seller reserves the right not to release ordered alcoholic beverages to intoxicated or underage persons. In the event of such an occurrence, the Seller will, within 3 days of determining these circumstances, issue a statement of withdrawal from the agreement and refund the Customer the paid amount, minus the delivery costs. The courier is authorized to verify the age of the person collecting the goods.
  9. If the Customer provides incorrect or incomplete data, preventing the delivery of the shipment, or if the Customer or the authorized person is absent, the costs of additional delivery will be borne by the Customer, provided that the Customer agrees to the additional delivery. This cost will be equal to the delivery cost originally assigned to the Order.

VI. Complaint Procedure Regarding the Platform

  1.    The Customer may file a complaint against the Administrator, particularly if the Administrator’s actions provided for in these Terms are performed improperly or inconsistently with the Terms, or if the goods are non-compliant with the agreement.
  2. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are determined by the generally applicable provisions of law, in particular the Civil Code. For Sales Agreements concluded before 24 December 2014, the basis and scope of the Seller’s liability towards a Customer who is a natural person purchasing the Product for purposes not related to their business or professional activity, due to the Product’s non-compliance with the Sales Agreement, are determined by the generally applicable provisions of law, in particular the Act of 27 July 2002 on Specific Conditions of Consumer Sales and Amendments to the Civil Code (Journal of Laws 2002, No. 141, item 1176, as amended).
  3.    A complaint may be submitted in any form, including electronically to info@vinoandmore.pl or by registered mail to the Administrator’s address.
  4.    The complaint should include: the first and last name or company name, contact details, a description of the transaction to which the complaint relates or other circumstances justifying the complaint, as well as the Customer’s specific request related to the complaint. If the complaint concerns goods, the goods subject to the complaint must be returned to ul. Pasłęcka 16c/15 at the Administrator’s expense.
  5.    If the data or information provided in the complaint requires supplementation, the Administrator will request the Customer to supplement it within the specified scope before processing the complaint.
  6.     The Administrator will resolve the matter within 14 days of receiving the complaint. The Customer will be informed of the outcome of the complaint resolution at the provided email address or correspondence address (as per the Customer’s preference). If the complaint is rejected, the Administrator will notify the Customer of the reasons for this decision.
  7.    The Administrator does not accept cash-on-delivery returns.
  8.    The refund will be made in a manner analogous to the payment method chosen by the Customer. If the Customer used a discount during the purchase, the refund will be reduced by the value of the used discount, which the Customer may use in future transactions, provided that such a possibility is specified in the terms of the discount or voucher.
  9.     A Customer who is a consumer may use out-of-court methods of resolving complaints and pursuing claims before the Permanent Amicable Consumer Court at the Provincial Inspector of Trade Inspection. Information on how to access this procedure and dispute resolution procedures is available at the following address: http://uokik.gov.pl, under the “Consumer Dispute Resolution” tab. A Customer who is a consumer may also use the EU online dispute resolution platform (ODR), available at: http://ec.europa.eu/consumers/odr/.
  10.  A Customer who is not a consumer, purchasing goods for purposes directly related to their business or professional activity, has the right to file a complaint in accordance with the law, but the Administrator’s liability for physical defects of goods under warranty is limited to the Customer’s right to request the removal of the defect or the replacement of the goods. The Administrator will, at its discretion, promptly remove the defect or replace the defective goods with defect-free ones. The Administrator may also withdraw from the agreement by refunding the price paid for the goods affected by a physical defect. In all other respects, the Administrator’s liability for defects in goods towards non-consumer Customers is excluded.

VII. Withdrawal from the Agreement Regarding the Order

  1.    A Customer who is a consumer may withdraw from the agreement regarding the Order without giving a reason within 14 days of receiving the goods, subject to section 11 below. This right also applies to entrepreneurs running a sole proprietorship, to the extent that the law equates their protection with that of consumers.
  2.    Withdrawal from the agreement regarding the Order may be made electronically to the Administrator’s email address info@vinoandmore.pl or in writing to the Administrator’s address. The rules for withdrawing from the agreement regarding the Order, including a model withdrawal form that the Customer may use, are specified in the notice constituting Annex 1 to these Terms.
  3.    If, within one Order, the Customer has purchased more than one item, the withdrawal may apply to all or only selected items, provided that if the goods are sold as a set or bundle, withdrawal is possible only in relation to the entire set or bundle.
  4.    In the event of withdrawal from the agreement regarding the Order, the return of the goods should take place immediately, no later than 14 days from the date of submitting the withdrawal declaration. The deadline is met if the goods are sent before its expiry. The cost of returning the goods to the Administrator is borne by the Customer.
  5.    If the withdrawal period or the deadline for returning the goods specified in this section is exceeded, the Administrator may return the goods to the Customer at the Customer’s expense.
  6.    Failure by the Customer to comply with the above withdrawal procedure may result in a delay in completing the withdrawal process and, consequently, in the refund of the amounts due to the Customer.
  7.   In the event of effective withdrawal from the agreement, the Administrator will refund the amount paid by the Customer no later than 14 days from the date of receiving the Customer’s withdrawal declaration, using the same payment method chosen by the Customer, unless the Parties agree on a different refund method that does not entail any costs for the Customer. If the Customer used a discount during the purchase, the refund will be reduced by the value of the used discount, which the Customer may use in future transactions, provided that such a possibility is specified in the terms of the discount or voucher.
  8.    The Administrator may withhold the refund of the amounts received from the Customer until the goods are returned or the Customer provides proof of sending the goods, whichever occurs first.
  9.   In the event of effective withdrawal from the agreement, the agreement is considered not concluded with respect to the goods (set or bundle) from which the Customer has withdrawn.
  10.   The right to withdraw from the agreement regarding the Order does not apply in the cases specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, in particular with respect to goods:
        

    1.   Non-prefabricated, manufactured according to the Customer’s specifications or serving to satisfy the Customer’s individualized needs;
    2.   Perishable or having a short shelf life;
    3.   Delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;
    4.   Which, after delivery, become inseparably combined with other items due to their nature;
    5.   Alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations beyond the entrepreneur’s control.

VIII. Use of the Platform

  1.      If the use of the Platform involves providing data of third parties other than the Customer, the Customer may only provide such data if the use of the third party’s data is permitted by law (e.g., the Customer has obtained the necessary consent from the person whose data is being provided for its use on the Platform), and in the event of unauthorized disclosure of such data, the Customer bears all liability associated with unauthorized processing of personal data.
  2.      When using the Platform, the Customer is obliged to refrain from any unlawful activities, in particular from using the service directly or indirectly for purposes contrary to the law, to violate legal provisions, to use the service in a manner inconsistent with these Terms, good morals, or generally accepted principles of internet use, in a manner infringing the rights of the Administrator, other Customers, or third parties, in particular by providing false or third-party data, impersonating other entities, or abusing their rights, as well as from providing data that disrupts the operation, overloads IT systems, or unauthorizedly modifies data contained on the Platform.
  3.      It is prohibited to use graphical elements (including the Administrator’s logo and logotype), layout, and composition of the Platform’s website (so-called layout), graphical elements, as well as other intellectual property rights, without the express written consent of the Administrator. It is prohibited to aggregate and process data and other information available on the Platform for the purpose of further dissemination to third parties within other websites or outside the internet.

IX. Agreement with the Administrator

  1.    Upon registration, as described in section II of these Terms, an agreement for an indefinite period is concluded between the Customer and the Administrator.
  2.    Within 14 days of concluding the agreement, as described in section 1 above, a Customer who is a consumer may withdraw from it without giving a reason. Withdrawal from the agreement may be made electronically to the Administrator’s email address info@vinoandmore.pl or in writing to the Administrator’s address. The right to withdraw from the agreement does not apply to the Customer if they have used the service, in particular if they have placed an Order. The rules for withdrawing from the agreement with the Administrator, including a model withdrawal form that the Customer may use, are specified in the notice constituting Annex 2 to these Terms.
  3.   The agreement may be terminated by the Customer at any time by submitting a declaration electronically to the Administrator’s email address info@vinoandmore.pl or in writing to the Administrator’s address. The agreement is terminated with immediate effect, but the termination of the agreement does not release the Customer from the obligation to settle any amounts due under the agreement (including making payments to the Administrator in connection with placed Orders).
  4.   The agreement may be terminated by the Administrator with a 7-day notice period.

X. Ochrona danych osobowych

  1.    The Administrator is the controller of the personal data of Customers and persons indicated by Customers.
  2.    Personal data is processed by the Administrator in accordance with applicable laws and the Privacy Policy (constituting Annex 3 to these Terms).
  3.    The Administrator processes personal data for purposes related to the Administrator’s activities within the Platform, including data necessary for concluding and performing sales agreements (handling sales transactions, communicating with Customers, and processing complaints), as well as for archiving transactions.
  4.    Providing personal data to the Administrator is voluntary, but failure to provide certain personal data may hinder or prevent the conclusion of a sales agreement (Order), its effective performance, or the provision of proper after-sales service.
  5.    Matters related to the processing of personal data not regulated in these Terms are governed by the relevant provisions of the Privacy Policy, the content of which is available on the Platform.

XI. Final Provisions

  1.    In the event of changes to these Terms, the Administrator will inform Customers on the Platform’s website. The amended Terms enter into force on the date specified in the amendment, but no earlier than 14 days from the date of their announcement by the Administrator. Customers who placed Orders before the amended Terms enter into force are bound by the previous version of the Terms.
  2.    The Administrator will provide Customers with accounts on the Platform with the amended Terms via email to the address provided during registration. Customers will be notified of the changes to the Terms and the possibility of accepting them upon logging in. Acceptance of the changes by the Customer is deemed to occur through the use of the Account, in particular by placing an Order. Refusal to accept the amended Terms is equivalent to termination of the agreement with the Administrator, in accordance with section XI.3 of these Terms.
  3.    If any provisions of these Terms are deemed invalid by a court or other authorized body, the remaining provisions remain valid.
  4.    Matters not regulated by these Terms are governed by Polish law, in particular the Civil Code.
  5.    Any additional services provided by the Administrator may be governed by separate terms and conditions.
  6.    The law applicable to agreements between the Customer and the Administrator under the terms specified in these Terms is Polish law. Any disputes arising from the application of these Terms will be resolved by the competent Polish courts.ia niniejszego Regulaminu będą rozstrzygane przez właściwe polskie sądy powszechne.

Annex No. 1. Template of the declaration of withdrawal from the sales contract

Template of the declaration of withdrawal from the sales contract (pdf)

Annex No. 2. Template of the declaration of withdrawal from the service contract

Template of the declaration of withdrawal from the service contract przez Administratora (pdf)

Annex No. 3. Privacy Policy

Privacy Policy (link)