Terms and Conditions of the Platform

Introductory provisions

The Impuls Internet platform, available at the Internet address sklepimpuls.pl, is run by Witold Wątrob conducting business activity under the name P. H. Omega Witold Wątroba, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for Economic Activity. economy, NIP 627-000-67-31, REGON 276555712
The seller has a valid permit (license) for the sale of alcoholic beverages and beer. The concession shall be available for inspection at the request of the interested party.
These Regulations are addressed to both Consumers and Entrepreneurs using the Platform and define the rules for using the Platform to make reservations in the Stationary Store and use other services offered by the Seller.
The purchase and sale agreement is concluded in the seller’s Stationary Store, run at 24 Długa Street, 41-506 Chorzów. The online platform is an additional information channel through which the Seller can reach a wider group of potential customers. The Seller on the Platform only presents the offer of the goods held in the stationary store.
Commercial information, in particular the presentation of the Goods with the price does not constitute an offer within the meaning of the Civil Code, constituting an invitation to submit offers.
The seller allows the possibility of booking the goods via his online store. Through the Platform, the Customer makes a reservation for selected Goods. Confirmation and payment for the Goods in the basket does not mean placing an order for these Goods, but only their reservation and preparation for collection in a stationary store.

Definitions

Consumer – a natural person concluding a contract with the Seller as part of the Platform, the subject of which is not directly related to its business or professional activity.
Seller – a natural person conducting business activity under the name P. H. Omega Witold Wątroba, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 627-000-67-31, REGON 276555712
Stationary Store – a liquor store run by the Seller at 24 Długa Street, 41-506 Chorzów with valid licenses for the sale of beer and alcoholic beverages.
Customer – any entity making a reservation via the Platform.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, whose separate law grants legal capacity, performing on its own behalf a business activity that uses the Platform.
Platform – an on-line platform designed for booking goods, under which other services are also provided, available at
sklepimpuls.pl
Regulations – these regulations of the Platform.
Booking – the Customer’s declaration of intent submitted using the Booking Form and aimed directly at concluding a Sales Agreement for Goods or Goods in a stationary store with the Seller.
Account – customer account on the Platform, it collects data provided by the Customer and information about Bookings made by him on the Platform.
Registration form – a form available on the Platform, enabling the creation of an Account.
Booking form – an interactive form available on the Platform that allows you to make a Booking, in particular by adding Goods to the Basket and specifying the terms of the Sales Agreement, including the method of payment.
Basket – an element of the Platform’s software, in which the Goods selected by the Customer for purchase are visible, and it is also possible to determine and modify the Booking data, in particular the quantity of goods.
Sales Agreement – a contract for the sale of Goods concluded or concluded between the Customer and the Seller at the time of receipt of the reserved goods in the Stationary Store by the Customer.
Privacy Policy – a separate document available on the Platform, specifying the manner and scope of processing of the Customer’s personal data by the Seller.
Goods – a movable item/service available on the Platform being the subject of the Sales Agreement concluded at the time of receipt of the goods in the Stationary Store between the Customer and the Seller.

Contact with the Stationary Store / Platform Administrator

Address of the Seller’s Stationary Store: ul. Długa 24, 41-506 Chorzow
Seller’s e-mail 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 telephone numbers provided in this paragraph.
The Customer may communicate by phone with the Seller between 10:00 and 21:00

Technical requirements

To use the Platform, including browsing the presented assortment of the Stationary Store and booking the Goods, it is necessary to:

an end device with access to the Internet and a web browser such as a desktop computer, tablet or phone.
active e-mail account (e-mail),
enabled cookies,
JavaScript enabled.

Background

The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Platform and the Stationary 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 by adults only. Before entering the Platform, the Client declares that he is of legal age.
Browsing the assortment of the Stationary Store does not require creating an Account. Making a reservation by the Customer for the Goods included in the assortment of the Stationary Store 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 Booking to be made without creating an Account.
The prices given on the Platform are given in Polish zlotys and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Goods and the cost of the delivery order by the Courier company, about which the Customer is informed on the Platform website when making the Booking, including at the time of expressing the will to submit a Booking for collection in the Stationary Store.
If the nature of the subject of the Agreement does not allow, judiciously assessing, for the earlier calculation of the final (final) price, information on the manner in which the price will be calculated, as well as on the fees for the execution of the delivery order by the courier company and other costs, will be provided on the Platform in the description of the Goods.
Accepting the Regulations is tantamount to accepting the Privacy Policy.

Creating an Account on the Platform

To create an Account on the Platform, you must complete the Registration Form. It is necessary to provide the data specified in the Privacy Policy of the Platform.
Creating an Account on the Platform is free of charge.
Logging in to the Account is done by entering the login and password established in the Registration Form.
The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

Rules for making a Booking

In order to make a Booking, you must:

log in to the Platform (optional);
select the Goods that are the subject of the Booking and then click the “Add to cart” button (or equivalent);
log in or use the option of making a Booking without registration;
if the option of submitting a Booking without registration has been chosen – fill in the Booking Form by entering the data of the recipient of the Booking and the address to which the delivery of the Goods is to take place, enter the invoice data, if they are different from the data of the recipient of the Booking,
click the button “Book and pay.
choose one of the available payment methods and, depending on the method of payment, pay for the reservation within a specified period, subject to § 8 point 3.

Offered delivery and payment methods

The customer may use the following payment methods:
Payment on delivery in case of personal collection
Payment by bank transfer to the Seller’s account
PayNow electronic payments (payment card, fast transfer, BLIK). The provider of online card payments is Blue Media S.A.”
Electronic payments and PayU card payments

Available payment methods: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
Detailed information on delivery methods and acceptable payment methods can be found on the pages of the Platform.
The seller does not ship the goods. The customer may personally collect the purchased products in the store or grant a power of attorney to an adult natural person who will collect the purchased products from the store on his behalf or to a person who is not a natural person (e.g. a courier company). If the customer chooses the option of collecting goods via a courier company on the Platform, it means that the Customer grants a power of attorney to the courier company to collect the goods on his behalf in the Stationary Store. If the customer grants a power of attorney to the courier company, enter its name. Under this power of attorney, DPD Polska Sp. z o.o. with its registered office in Warsaw is entitled to grant further power of attorney to its employees or associates (indicated in a separate, personal power of attorney) in order to execute the customer’s order, including: to collect and deliver the goods and check the age of the person receiving alcohol, as well as other necessary activities in this respect. The attorney will not release the Goods to a person whose behavior indicates that he is intoxicated. DPD Polska Sp. z o.o. with its registered office in Warsaw ensures that persons receiving products on behalf of the customer act on the basis of a valid power of attorney.
A model Power of Attorney can be found here. The Customer must declare that he has read the Model Power of Attorney to make a Booking.
The customer undertakes to cover the costs of collection of the reserved goods by the courier company.
If the Customer has ordered the collection of goods to a courier company, he agrees to identify the person collecting the goods from the courier in order to confirm the age of majority and sobriety. If the person receiving the goods is not of legal age and sober, the courier is obliged to refuse to release the goods and the Seller withdraws from the purchase and sale contract concluded in the Stationary Store.
By choosing the option of receiving the reservation by a courier company, the Customer is fully responsible for the collection of the reserved goods by a sober and adult person.
The Customer declares that regardless of the chosen form of collection of the reserved goods, the goods will be collected by a sober and adult person. The seller or other person issuing the goods has the right to verify the age of the person receiving the goods.
The Seller reserves the right to verify the customer’s data provided during the booking by phone, in particular to verify the declaration of the age of the Customer and that he does not purchase the goods for further resale.

Performance of the sales contract

The contract for the sale of goods is concluded and implemented only at the seller’s headquarters (stationary store).
After submitting the Reservation, the Seller immediately confirms its receipt and at the same time accepts the Booking for execution. Confirmation of receipt of the Booking and its acceptance for execution takes place by sending an appropriate e-mail message by the Seller to the Customer to the e-mail address provided during the Booking placement, which contains at least the Seller’s statements on receipt of the Booking and its acceptance for implementation.
If the Customer chooses:
payment by bank transfer or PayNow electronic payments, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the reservation will be canceled.
The delivery time is counted from the moment of obtaining a positive payment authorization.
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the bank account
Seller.
payment in cash upon personal collection of goods: The customer is obliged to make a payment on delivery within 7 days from the date of receipt of information about the readiness of the reservation for collection.
If the Customer chooses to collect the Goods personally, the Goods will be ready for collection by the Customer within the time specified in its description. The Customer will be additionally informed about the readiness of the Goods for collection by the Seller by sending an appropriate e-mail to the Customer’s e-mail address provided during the Booking process.
In the case of reservation of Goods with different dates of readiness for collection, the Customer has the option of collecting the Goods in parts (according to their readiness for collection) or collecting all Goods after completing the entire reservation.
Personal collection of the Goods by the Customer is free of charge.
The Seller reserves the right to cancel the Booking or refuse to release the Goods if:
The person receiving the goods is a minor or intoxicated, also if he refuses to identify himself to confirm the age of majority.
Lack of goods reserved by the Customer in stock.
Lack of collection of goods by the Customer within 14 days from the date of booking.
Failure to pay for the reservation by the Customer within 7 days from the date of booking.
In the event of cancellation of the Booking or refusal to release the Goods, the amount paid by the Customer will be refunded to the Customer’s account.

Right of withdrawal

The Consumer may, within 14 days, withdraw from the Booking or the Sales Agreement concluded on the basis of the Booking in the Stationary Store when ordering delivery of goods by a courier company without giving any reason. A consumer who has concluded a distance or off-premises contract has the right to withdraw from it without giving a reason within 14 days
The period referred to in paragraph 1 starts from the date of delivery of the goods to the Customer by the courier company.
In the case of personal collection of the Booking in a stationary store, the right to withdraw from the contract does not apply, because the Purchase and Sale Agreement 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 many Goods that are delivered separately, in batches or in parts, the deadline indicated in paragraph 1 runs from the delivery of the last item, batch or part.
In the case of an Agreement that consists in regular delivery of Goods for a definite period of time (subscription), the deadline indicated in paragraph 1 runs from taking possession of the first thing.
The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
The statement must be sent electronically by sending the statement to the e-mail address – the contact details of the Seller are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Annex 1 to these Regulations and the attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
If the Consumer sends the statement electronically, the Seller will immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the statement of withdrawal from the Agreement.
Consequences of withdrawal from the Agreement:

In the event of withdrawal from the Agreement concluded in a stationary store with an order to deliver goods to the Customer by a courier company, the Agreement is considered null and void.
In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by him, including the costs of delivering the item, with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
The Seller may withhold the refund of payment until the receipt of the Goods back or until the proof of sending it back is provided, whichever occurs first.
The Consumer should send the Goods back to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. 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, the Goods could not be sent back in the usual way via a courier company.
The Consumer is only liable for the decrease in the value of the Goods resulting from using them in a manner other than it was necessary to establish the nature, characteristics and functioning of the Goods.

The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:

in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
in which the subject of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery, in particular if the excise stamp on the packaging of an alcoholic beverage was broken.
in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement,
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the Agreement.

Complaint and warranty

The Sales Agreement covers new Goods.
The Seller is obliged to provide the Customer with an item free from defects.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to complain based on the provisions regarding the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
Complaints should be submitted electronically to the addresses of the Seller provided in these Regulations.
It is recommended to include m.in in the complaint. a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of 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 considered that the Customer’s request was considered justified
Goods sent back as part of the complaint procedure should be sent to the address given 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 description of the Goods on the Platform.
Alcoholic beverages with a damaged excise stamp are not subject to complaint.
If there is a need to return funds for a transaction made by a payment card, the seller made a refund to the bank account assigned to the Ordering Party’s payment card.
The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for him.

Personal data on the Platform

The administrator of Customers’ personal data collected via the Internet Platform is the Seller.
Customers’ personal data collected by the administrator via the Internet Platform are collected in order to implement the Sales Agreement, and if the Customer agrees to it – also for marketing purposes.
The recipients of personal data of the Platform Clients may be:

In the case of a Customer who uses the order to deliver goods to a courier company on the Platform, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing shipments at the Customer’s request.
In the case of a Customer who uses the PayNow electronic payment method on the Platform, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments on the Platform.

The customer has the right to access their data and correct it.

Providing personal data is voluntary, however, failure to provide personal data indicated in the Privacy Policy necessary to conclude a Sales Agreement results in the inability to conclude this contract.

Final provisions

Reservations on the Platform and subsequent Sales Agreements in the Stationary Store are concluded in Polish.
The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law, 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 about each change at least 7 days in advance.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
In order to ensure the proper functioning of the Platform and the performance of the contract concluded by the Seller with the Customer, the Platform stores on the hard disk of the Customer’s device, which he uses to use the Store, small text files enabling identification of the Customer by the Seller’s system (cookies). Cookies may be disabled by the Customer, then the Seller is not responsible for the lack of operation or malfunction of the Platform.
In order to ensure the security of data transmission in connection with the services provided, the Seller, while running 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 obtaining and modifying personal data sent on the Internet.

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