Platform Terms and Conditions

General Provisions

The Impuls online platform, available at sklepimpuls.pl, is operated by Witold Wątroba, conducting business under the name P. H. Omega Witold Wątroba, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economy, Tax ID (NIP) 627-000-67-31, Statistical ID (REGON) 276555712.
The Seller holds a valid permit (license) for the sale of alcoholic beverages and beer. The license is available for inspection upon request by an interested party.
These Regulations are addressed to both Consumers and Entrepreneurs using the Platform and define the rules for using the Platform to place reservations at the Physical Store and to use other services offered by the Seller.
The sales contract is concluded at the Seller’s Physical Store, located at Długa 24 Street, 41-506 Chorzów. The online platform serves as an additional information channel through which the Seller can reach a wider range of potential customers. The Seller only presents the offer of goods available in the physical store on the Platform.
Commercial information, in particular the presentation of Goods with prices, does not constitute an offer within the meaning of the Civil Code provisions, but an invitation to make offers.
The Seller allows for the reservation of goods through its online store. Through the Platform, the Customer places a reservation for selected Goods. Confirmation and payment for Goods in the cart do not constitute an order for these Goods, but merely their reservation and preparation for pickup at the physical store.

Definitions

Consumer – a natural person entering into an agreement with the Seller within the Platform, the subject of which is not directly related to their business or professional activity.
Seller – a natural person conducting business activity under the name P. H. Omega Witold Wątroba, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economy, Tax ID (NIP) 627-000-67-31, Statistical ID (REGON) 276555712.
Physical Store – A liquor store operated by the Seller at Długa 24 Street, 41-506 Chorzów, holding valid licenses for the sale of beer and alcoholic beverages.
Customer – any entity making a reservation via the Platform.
Entrepreneur – a natural person, legal person, and organizational unit without legal personality, to whom a separate act grants legal capacity, conducting business activity on its own behalf, who uses the Platform.
Platform – an online platform intended for making reservations for goods, within which other services are also provided, available at sklepimpuls.pl
Regulations – these Platform regulations.
Reservation – a declaration of the Customer’s will made using the Reservation Form and directly aiming at concluding a Sales Agreement for the Good(s) at the physical store with the Seller.
Account – a customer account on the Platform, where data provided by the Customer and information about their Reservations on the Platform are collected.
Registration Form – a form available on the Platform, enabling Account creation.
Reservation Form – an interactive form available on the Platform enabling the placement of a Reservation, in particular by adding Goods to the Cart and specifying the terms of the Sales Agreement, including the payment method.
Cart – a software element of the Platform where Goods selected by the Customer for purchase are visible, and where it is possible to define and modify Reservation details, in particular the quantity of goods.
Sales Agreement – an agreement for the sale of Goods concluded or to be concluded between the Customer and the Seller at the moment the reserved goods are picked up by the Customer at the Physical Store.
Privacy Policy – a separate document available on the Platform, defining the manner and scope of personal data processing by the Seller.
Good – a movable item/service available on the Platform that is the subject of a Sales Agreement concluded at the moment the good is picked up by the Customer at the Physical Store between the Customer and the Seller.

Contact with the Physical Store / Platform Administrator

Seller’s Physical Store Address: ul. Długa 24, 41-506 Chorzów
Seller’s Email Address: kontakt@sklepimpuls.pl
Seller’s Phone Number: +48 605 579 605
Seller’s Bank Account Number: TODO
The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer can contact the Seller by phone between 10:00 AM and 9:00 PM.

Technical Requirements

To use the Platform, including browsing the presented assortment of the Physical Store and reserving Goods, the following are necessary:

an end device with Internet access and a web browser, such as a desktop computer, tablet, or phone.
an active email account,
cookies enabled,
JavaScript enabled.

General Information

To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Platform and the Physical Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the Platform with the Customer’s technical infrastructure.
The Platform is intended for use only by adults. Before entering the Platform, the Customer declares that they are of legal age.
Browsing the assortment of the Physical Store does not require creating an Account. Placing a reservation by the Customer for Goods available in the Physical Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the fulfillment of the Reservation without creating an Account.
Prices listed on the Platform are in Polish Złoty and are gross prices (include VAT).
The final (total) amount to be paid by the Customer consists of the price for the Good and the cost of delivery by a Courier company, of which the Customer is informed on the Platform’s pages during the reservation process, including at the moment of expressing the will to place a reservation for pickup at the Physical Store.
If the nature of the subject of the Agreement does not reasonably allow for the prior calculation of the final (total) price, information on how the price will be calculated, as well as on fees for delivery by a courier company and other costs, will be provided on the Platform in the Good’s description.
Acceptance of the Regulations is equivalent to acceptance of the Privacy Policy.

Account Creation on the Platform

To create an Account on the Platform, you must fill out the Registration Form. It is necessary to provide the data specified in the Platform’s Privacy Policy.
Creating an Account on the Platform is free of charge.
Logging into the Account is done by providing the login and password established in the Registration Form.
The Customer has the right to delete the Account at any time, without giving a reason and without incurring any fees, by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.

Rules for Placing Reservations

To place a Reservation, you must:

log in to the Platform (optional);
select the Good(s) to be reserved, then click the “Add to Cart” button (or equivalent);
log in or use the option to place a Reservation without registration;
if the option to place a Reservation without registration is chosen – fill out the Reservation Form by entering the recipient’s details for the Reservation and the delivery address for the Good, enter invoicing details if different from the Reservation recipient’s details,
click the “Reserve and Pay” button.
select one of the available payment methods and, depending on the payment method, pay for the reservation within the specified period, subject to § 8 point 3.

Available Delivery and Payment Methods

The customer can use the following payment methods:
Payment upon personal pickup
Payment by bank transfer to the Seller’s account
Electronic payments PayNow (payment card, fast transfer, BLIK). The entity providing online payment services for card payments is Blue Media S.A.
Electronic payments and card payments PayU

Available payment methods: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
Detailed information on delivery methods and accepted payment methods can be found on the Platform’s pages.
The Seller does not ship goods. The customer can personally pick up purchased products at the store or grant power of attorney to an adult individual who will pick up the purchased products from the store on their behalf, or to a non-individual entity (e.g., a courier company). If the customer selects the option to pick up goods via a courier company on the Platform, it means that the Customer grants power of attorney to the courier company to pick up the goods on their behalf at the Physical Store. In cases where the customer grants power of attorney to a courier company, its name must be entered. Under this power of attorney, DPD Polska Sp. z o.o. with its registered office in Warsaw is authorized to grant further power of attorney to its employees or associates (specified in a separate, named power of attorney) for the purpose of fulfilling the customer’s order, including: picking up and delivering goods, verifying the age of the person receiving alcohol, and other necessary actions in this regard. The attorney will not hand over the Goods to a person whose behavior indicates they are intoxicated. DPD Polska Sp. z o.o. with its registered office in Warsaw ensures that persons picking up products on behalf of the customer act on the basis of a valid power of attorney.
The Power of Attorney Template can be found here. The customer must declare that they have read the Power of Attorney Template to place a Reservation.
The customer undertakes to cover the costs of picking up the reserved goods by the courier company.
If the Customer has commissioned the courier company to pick up the goods, they thereby consent to the identification of the person receiving the goods from the courier to confirm their age and sobriety. If the person receiving the goods is not an adult and sober, the courier is obliged to refuse to hand over the goods, and the Seller withdraws from the sales contract concluded at the Physical Store.
By choosing the option of reservation pickup by a courier company, the Customer is fully responsible for the pickup of the reserved goods by a sober and adult person.
The customer declares that regardless of the chosen form of pickup for the reserved goods, the goods will be picked up by a sober and adult person. The Seller or another person handing over the goods has the right to verify the age of the person picking up the goods.
The Seller reserves the right to verify customer data provided during reservation by phone, in particular to verify the Customer’s declaration of legal age and that they are not purchasing the goods for further resale.

Performance of the Sales Contract

The sales contract for goods is concluded and performed exclusively at the seller’s premises (physical store).
After placing a Reservation, the Seller immediately confirms its receipt and simultaneously accepts the Reservation for fulfillment. Confirmation of receipt of the Reservation and its acceptance for fulfillment occurs by the Seller sending the Customer an appropriate email message to the email address provided by the Customer during the Reservation, which contains at least the Seller’s declarations of receipt of the Reservation and its acceptance for fulfillment.
If the Customer chooses:
payment by bank transfer or PayNow electronic payments, the Customer is obliged to make payment within 7 calendar days from the date of concluding the Sales Agreement – otherwise the reservation will be cancelled.
Order fulfillment time is counted from the moment of obtaining positive payment authorization.
If the Customer chooses payment by bank transfer, electronic payments, or payment card – from the date the Seller’s
bank account is credited.
cash payment upon personal pickup of goods: The customer is obliged to make payment upon receipt of the shipment within 7 days from the date of receiving information about the reservation’s readiness for pickup.
If the Customer chooses personal pickup of the Goods, the Goods will be ready for pickup by the Customer within the period specified in its description. The Customer will be additionally informed by the Seller about the Goods’ readiness for pickup by sending an appropriate email message to the email address provided by the Customer during the Reservation.
In case of reservations for Goods with different readiness dates for pickup, the Customer has the option to pick up the Goods in parts (according to their readiness for pickup) or to pick up all Goods after the entire reservation has been completed.
Personal pickup of Goods by the Customer is free of charge.
The Seller reserves the right to cancel the Reservation or refuse to hand over the Goods if:
The person picking up the goods is underage or intoxicated, or if they refuse to provide identification to confirm their legal age.
The goods reserved by the Customer are out of stock.
Failure of the Customer to pick up the goods within 14 days from the reservation date.
Failure of the Customer to pay for the reservation within 7 days from the reservation date.
In case of cancellation of the Reservation or refusal to hand over the Goods, the amount paid by the Customer will be refunded to the Customer’s account.

Right of Withdrawal from the Contract

The Consumer may withdraw from the Reservation or Sales Agreement concluded based on the Reservation at the Physical Store, when ordering goods to be delivered by a courier company, within 14 days without giving any reason. 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 period specified in paragraph 1 begins from the day the goods are delivered to the Customer by the courier company.
In the case of personal collection of a Reservation at the physical store, the right of withdrawal does not apply, as the sales contract is not a distance contract concluded with the Customer. However, the Customer retains the right to complain about the goods.
In the case of a Contract that covers multiple Goods delivered separately, in batches, or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch, or part.
In the case of a Contract that involves the regular delivery of Goods for a specified period (subscription), the period indicated in paragraph 1 runs from taking possession of the first item.
The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the expiry of this period.
The statement must be sent electronically by submitting it to the email address – the Seller’s contact details are specified in § 3. The statement can also be submitted using the form, a template of which is Annex No. 1 to these Regulations and an annex to the Act of May 30, 2014, on consumer rights; however, this is not mandatory.
If the Consumer sends the statement electronically, the Seller will immediately send the Consumer, to the email address provided by the Consumer, confirmation of receipt of the statement of withdrawal from the Contract.
Effects of withdrawal from the Contract:

In the event of withdrawal from a Contract concluded at the physical store with an order for goods to be delivered to the Customer by a courier company, the Contract is considered not concluded.
In the event of withdrawal from the Contract, the Seller shall immediately, no later than 14 days from the day of receiving the Consumer’s statement of withdrawal from the Contract, refund the Consumer all payments made by them, including the costs of delivery of the goods, with the exception of additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller.
The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for them.
The Seller may withhold the refund until they have received the Goods back or until the Consumer has provided proof of their return, whichever occurs first.
The Consumer should return the Goods to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which they informed the Seller of their withdrawal from the Contract. The deadline will be met if the Consumer sends back the Goods before the expiry of the 14-day period.
The Consumer bears the direct costs of returning the Goods if, due to their nature, these Goods could not be returned in the usual manner via a courier company.
The Consumer is only liable for any diminished value of the Goods resulting from handling them in a way other than what is necessary to establish the nature, characteristics, and functioning of the Goods.

The Consumer is not entitled to the right of withdrawal from a distance contract in relation to a Contract:

where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs,
where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery, especially if the excise stamp on the alcoholic beverage packaging has been broken.
where the subject of the service is an item that deteriorates quickly or has a short shelf life,
for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the start of the service that they would lose the right of withdrawal from the Contract after the Seller had fully performed the service,
where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period,
where the subject of the service is goods which, after delivery, due to their nature, become inseparably combined with other items,
for the supply of digital content not supplied on a tangible medium, if the performance of the service began with the Consumer’s express consent before the expiry of the withdrawal period and after being informed by the Seller about the loss of the right of withdrawal from the Contract.

Complaints and Warranty

New Goods are covered by the Sales Agreement.
The Seller is obliged to deliver to the Customer goods free from defects.
In the event of a defect in goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding statutory warranty for defects in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty for defects.
Complaints should be submitted electronically to the Seller’s addresses provided in these Regulations.
It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer filing the complaint, and the Customer’s request regarding the defect in the goods.
The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is deemed that the Seller has accepted the Customer’s request as justified.
Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.
If a warranty has been granted for the Goods, information about it, as well as its content, will be included in the Goods description on the Platform.
Alcoholic beverages with a damaged excise stamp are not subject to complaint.
If it becomes necessary to refund funds for a transaction made by the customer with a payment card, the seller will make the refund to the bank account assigned to the Customer’s payment card.
The Seller shall refund payments using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for them.

Personal Data on the Platform

The administrator of personal data collected from Customers via the online Platform is the Seller.
Personal data of Customers collected by the administrator via the online Platform are collected for the purpose of fulfilling the Sales Agreement, and if the Customer consents – also for marketing purposes.
Recipients of Customers’ personal data on the Platform may include:

In the case of a Customer who uses the Platform to order goods for delivery by a courier company, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary fulfilling shipments on behalf of the Customer.
In the case of a Customer who uses electronic payment methods via PayNow on the Platform, the Administrator provides the collected personal data of the Customer to the selected entity processing these payments on the Platform.

The Customer has the right to access and correct their data.

Providing personal data is voluntary; however, failure to provide the personal data specified in the Privacy Policy as necessary for concluding a Sales Agreement will result in the inability to conclude such an agreement.

Final Provisions

Reservations on the Platform and subsequent Sales Agreements at the Physical Store are concluded in Polish.
The Seller reserves the right to amend the Regulations for important reasons, namely: changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Act on Consumer Rights, the Act on Personal Data Protection.
To ensure the proper functioning of the Platform and the performance of the agreement concluded by the Seller with the Customer, the Platform stores small text files (cookies) on the hard drive of the Customer’s device, which they use to access the Store, enabling the Seller’s system to identify the Customer. Cookies may be disabled by the Customer, in which case the Seller is not responsible for the Platform’s non-operation or improper operation.
To ensure the security of data transmission in connection with the services provided, the Seller, while operating the Platform, takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures aimed at preventing unauthorized persons from acquiring and modifying personal data transmitted over the Internet.