Regulations

REGULATIONS OF THE ELECTRONIC ORDERING PLATFORM “THE MINISTER’S LEMON TREE”

Owner: MSWIA S.C. located in Gliwice, 44-100, at Raciborska 2, NIP: 6312669360, REGON: 366854690.

I. Definitions

The terms used in the Regulations shall mean:

1.1. Customer – a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, making an Order on the electronic ordering platform;

1.2. Civil Code – the Civil Code Act of April 23, 1964. (Journal of Laws No. 16, item 93 as amended);

1.3. Terms and Conditions – these Regulations setting out the basic rules for the use of the electronic platform for placing an order for the Minister’s Lemonade;

1.4. Premises – stationary point of sale located in Gliwice, at ul. Raciborska 2, where you can place Orders using the electronic platform available at www.cytrynowkaministra.pl

1.5. Merchandise – a product presented in the electronic platform that can be purchased at the Premises;

1.6. Contract of sale – contract of sale of Goods in the meaning of the Civil Code, concluded between MSWIA S.C., in Gliwice, and the Client, executed at the Premises located in Gliwice at ul. Raciborska 2.

1.7. Law on Consumer Rights – Law of May 30, 2014. On consumer rights (Journal of Laws of 2014, item 827, as amended);

1.8. Law on Provision of Electronic Services – the law of July 18, 2002. On provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

1.9. Order – a declaration of will of the Customer, aimed directly at concluding an Agreement for the sale of the Minister’s Lemonade product on the premises;

1.10. EP – an electronic platform for placing orders at the Premises operated through www.cytrynowkaministra.pl.

1.11. Agent – a courier company with which the Seller has a relevant agreement.

II. General provisions

2.1. The regulations set out the rules for the use of the EP located at www.cytrynowkaministra.pl

2.2. The regulations are the document referred to in Art. 8 of the Law on Provision of Electronic Services.

2.3. The premises where orders can be placed via EP are run by MSWiA S.C. in Gliwice.

2.4. The Regulations specify in particular:

(a) terms and conditions for making reservations for the Minister’s Lemonade product available at the Premises through EP;

(c) terms and conditions for placing Orders at the Premises through EP;

(d) the rules for concluding Sales Agreements at the Premises using EP.

2.5. For proper use of the online ordering platform, it is necessary for the Potential Customer to meet the following minimum technical requirements:

1) having a computer, laptop or other multimedia device with Internet access;

2) access to e-mail;

3) use of web browser: Mozilla Firefox, Edge, Opera, Google Chrome;

4) enable cookies and Javascript in your web browser.

2.6. In accordance with the applicable laws, MSWIA S.C. makes sales only to persons who are at least 18 years of age and whose behavior does not indicate that they are intoxicated. It does not make sales on credit or on pledge.

2.7. Customers can access the Terms and Conditions at any time through the link provided on the home page of the website and download and make a printout.

2.8. Information about the Goods contained in the EP Premises, in particular its description and price, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.

2.9. The contract for the sale of Goods is concluded and executed exclusively at the Premises.

2.10. Electronic ordering platform presents offerings in the field of alcoholic beverages.

III. Rules for using EP

3.1. Registration with EP is a prerequisite to start using it.

3.2. Registration is done by completing and accepting the registration form, made available on one of the EP pages.

3.3. The condition of registration is to agree to the content of the Regulations and provide personal data marked as mandatory. By registering, the Client authorizes MSWIA S.C. in Gliwice to process his/her personal data.

3.4. MSWIA S.C. may deprive the Client of the right to use the EP, as well as may restrict its access to some or all of the content contained therein, with immediate effect, if the Client violates the Regulations, and in particular if the Client:

(a) is under 18 years of age,

b) provided data during registration in the EP that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,

(c) has committed, through EP, violations of the personal rights of third parties, in particular the personal rights of other EP users,

d) has engaged in other behavior that will be considered by MSWIA S.C. to be inconsistent with applicable laws or general rules of Internet use or detrimental to the good name of MSWIA S.C. in Gliwice.

3.5. A person who has been deprived of the right to use the EP may not re-register without the prior consent of MSWIA S.C. in Gliwice.

3.6. In order to ensure the security of the transmission of messages and data contained in the EP, the Local shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.

3.7. In particular, the customer is obliged to:

a) not to provide or transmit content prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,

(b) to use the EP in a manner that does not interfere with its operation, in particular by using certain software or devices,

(c) not to engage in activities such as sending or posting unsolicited commercial information (spam) within the EP,

d) use EP in a manner that is not onerous for other customers and for MSWIA S.C. in Gliwice,

(e) use any content posted on EP only for your own personal use,

(f) use the EP in a manner consistent with the laws of the Republic of Poland and the provisions of the Regulations.

IV. The procedure for concluding a sales contract

4.1. In order to conclude a Sales Agreement at the Premises via EP, you need to go to the website www.cytrynowkaministra.pl, make a selection of Goods, taking further technical steps based on the messages displayed and information available on the website.

4.2. The selection of the ordered Goods by the Customer is made by adding them to the shopping cart/.

4.3. During the process of placing the Order – until the moment of pressing the “Order” button. – The Customer has the possibility to modify the entered data and the Goods. To do so, follow the messages displayed and the information available on the site.

4.4. After the customer using EP has entered all the necessary data, a summary of the submitted Order will be displayed. The Order Summary will include information on:

(a) the subject matter of the contract,

b) the unit and total price of the ordered products,

(c) the selected payment method,

(d) the selected method of receiving the ordered product,

4.5. In order to send an Order to the Premises, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the “Order with obligation to pay” button.

4.6. The Customer’s sending of the Order constitutes a declaration of intent to conclude a Sales Agreement with MSWIA S.C. in Gliwice on the Premises, in accordance with the content of the Regulations.

4.7. Once the Order is placed, the Customer receives an email containing the final confirmation of all important elements of the Order.

4.8. The contract of sale is considered to be concluded at the moment of confirmation of acceptance for execution of the Order by the Store.

4.9. The place of conclusion and execution of the Sales Agreement is the Premises, located in Gliwice at ul. Raciborska 2.

4.10. The sales contract is concluded in the Polish language, with the content in accordance with the Regulations.

V. Release of Goods

5.1. Issuance of the Goods by the Seller shall take place at the Premises located in Gliwice at ul. Raciborska 2.

5.2. The Seller provides the Customer with the following methods of delivery of the Goods:

(a) personal collection,

b) release of the Goods to the Agent, being a courier company that cooperates with the Seller.

5.3. The Seller will not release the Goods to a Customer who will be a minor or under the influence of alcohol.

5.4. By indicating in the Order Form the courier company that cooperates with the Seller, the Customer establishes a Proxy, which is the selected courier company, and authorizes the Seller to release the Goods to the Proxy. By making this choice, the customer confirms that he has familiarized himself with the terms and conditions of the delivery service, applicable to the courier company.

5.5. The employee of the courier company is authorized to check the identity and age of the Customer, he will not release the Goods to a Customer who appears to be a minor or a person in an intoxicated state.

5.6. The courier company, which cooperates with the Seller, carries out delivery of Goods on the territory of the Republic of Poland.

5.7. Delivery of the Goods to the Customer is for a fee, unless the Sales Agreement provides otherwise.

5.8. The cost of delivering the Goods is given when filling out the order form.

5.9. Unless otherwise agreed, the cost of delivery of the Goods shall be borne by the Customer.

5.10. The time limit for shipment of the Goods to the Customer is up to 5 working days, from the placement of the Order, which will be confirmed by the Seller. The beginning of the period of delivery of the Goods to the Customer, is calculated as follows:

a) in the case of selection by the Customer of a method of payment by traditional transfer or electronic payment – from the date of crediting the Seller’s bank account or settlement account,

b) if the Customer chooses cash on delivery payment method – from the date of placing the Order.

5.11. Goods covered by the Order are issued by the Seller together with a document confirming the conclusion of the Sales Agreement, that is, an e-mail sent by the Seller, referred to in section 4.7 of these Regulations.

VI. Prices and payment methods

6.1. The price of the Goods is quoted in Polish zloty and includes all components, including VAT (distinguished by the rate), customs duties and any other fees.

6.2. The customer has the option to pay the price:

a) by bank transfer to mBank account number: 87 1140 2004 0000 3902 8194 8450

(b) payment at the Premises by cash or card if he picks up the Goods in person.

VII. Right of withdrawal

7.1. The customer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the date of delivery of the Goods.

7.2. The right of withdrawal is exercised by submitting a written statement to MSWIA S.C. in Gliwice, address: Raciborska 2, 44-100 Gliwice;

or electronically to the e-mail address: cytrynowkaministra@msiw.eu

7.3. In order to exercise the right of withdrawal, the Customer may use the form provided by the Seller via email.

7.4. In the event of withdrawal from the contract, the sales price paid will be refunded to the Customer (except for additional costs, e.g., the action of the Agent) immediately, and in any case no later than 14 days from the date, receipt of the statement of withdrawal from the contract, subject to Section 7.6. below.

7.5. The price will be refunded using the same means of payment that were used by the Customer in the original transaction, unless the Customer expressly declares a different course of action, with the prior approval of the Seller.

7.6. The seller is not obliged to refund the price before receiving the returned Goods.

7.7 Returned Goods should be forwarded to the address: 44-100 Gliwice, ul. Raciborska 2, MSWIA S.C. immediately, and in any case no later than 7 days from the date, the statement of withdrawal from the contract. Exceeding the deadline has the effects specified in Section 7.6. above. The cost of returning the goods shall be borne by the customer.

VIII. Warranty for defects

8.1. MSWIA S.C., as a Seller, is liable to a Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code, under warranty for defects to the extent specified in the Civil Code.

8.2. Complaints, arising from the violation of the Customer’s rights guaranteed by law, or under these Regulations, should be addressed to: cytrynowkaministra@msiw.eu. MSWIA S.C. in Gliwice undertakes to consider the complaint within 14 days, and if this is not possible, to inform the Client within this period when the complaint will be considered.

8.3.MSWIA S.C. in Gliwice is not a manufacturer of goods and does not guarantee the items sold.

IX. Complaints regarding the provision of electronic services

9.1. MSWIA S.C. in Gliwice shall take measures to ensure fully correct operation of the EP, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by the Client.

9.2. The client is obliged to immediately notify MSWIA S.C. in Gliwice of any irregularities or interruptions in the functioning of EP.

9.3. Irregularities related to the functioning of the EP can be reported by the Customer by e-mail to: cytrynowkaministra@msiw.eu.

9.4. In the notification, the customer should provide his name, mailing address, the type and date of occurrence of irregularities related to the operation of EP.

9.5. MSWIA S.C. in Gliwice undertakes to consider applications within 14 days, and if this is not possible, to inform the Client within this period when the complaint will be considered.

9.6.MSWIA S.C. in Gliwice undertakes to abide by the code of good practices referred to in art.2 item 5 of the Act of. August 23, 2007 on counteracting unfair market practices OJ. 2016. item 3

9.7.MSWIA S.C. in Gliwice informs about the possibility of using out-of-court ways of processing complaints and pursuing claims, i.e:

9.7.1. The customer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Commercial 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 Arbitration Consumer Courts are set forth in the Order of the Minister of Justice of September 25, 2001. On determining the rules of organization and operation of permanent arbitration consumer courts. (Journal of Laws 2001, no. 113, item 1214).

9.7.2. The customer is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on 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 rules and procedures of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of the individual provincial inspectorates of the Trade Inspection.

9.7.3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.

X. Final Provisions

10.1. Settlement of possible disputes arising between MSWIA S.C. in Gliwice and a Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

10.2. Settlement of possible disputes arising between MSWIA S.C. in Gliwice and a Customer who is not a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the court having jurisdiction over the seat of MSWIA S.C. in Gliwice.

10.3. In matters not covered by these Regulations, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.

10.4. By accepting the Regulations, the Customer agrees to the processing of his/her personal data contained in the submitted Order for the purposes necessary for the execution of the concluded agreement – in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (RODO). 10.5. By accepting the Terms and Conditions, the Customer declares that he/she has read the Information Clause regarding the processing of his/her personal data in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (RODO).