TERMS AND CONDITIONS OF THE ON-LINE PLATFORM

§1

General provisions

  1. On-line platform is available at www.riae.orderyoni.com website and is run by Start Media International Spółka z ograniczoną odpowiedzialnością (Ltd) with its seat in Poland, ul. Niemczańska 33/5, 50 – 561 Wroclaw, entered into Register of Entrepreneurs of the National Court Register (KRS) under KRS number: 0000744518, tax identification number (NIP): 8992849121, e-mail address: biuro@smsprojekt.pl , telephone number: 535966421
  2. These Terms and Conditions lay down the rules of using the Platform by the Users, in particular the rules of concluding agreement for the delivery of Promotional Materials Brew of Vice via the Platform, and are thus the terms and conditions of on-line serviceswithin the meaning of Article 8 (1) point 1 of the Polish Act of 18 July 2002 on Electronic Provision of Services.
  3. Orders for Promotional Materials shall be placed via the Platform.
  4. Commercial information presented on the Platform shall not constitute an offer within the meaning of relevant provision of the Polish Civil code.
  5. Contact with the Company is available at e-mail address: biuro@smsprojekt.pl or telephone number +48535966421
  6. In writing form at: Start Media International Sp. z o. o. ; ul. Niemczańska 33/5 ; 50-561 Wroclaw
  7. The Company permanently makes these Terms and Conditions available at www.riae.orderyoni.com website in a manner that allows capture, reproduction and recording of their content by printing or saving on the data carrier at any time.

§ 2

Glossary:

  1. Company – Start Media International Spółka z ograniczoną odpowiedzialnością (Ltd) with its seat in Poland, ul. Niemczańska 33/5, 50 – 561 Wroclaw, entered into Register of Entrepreneurs of the National Court Register (KRS) under KRS number: 0000744518, tax identification number (NIP): 8992849121
  2. Platform – on-line platform run in Polish and English language versions via which Promotional Materials can be ordered, available at www.riae.orderyoni.com website
  3. Terms and Conditions – these terms and conditions.
  4. Promotional Materials – Brew of Vice products presented on the Platform.
  5. User – Client, Consumer, Entrepreneur-consumer
  6. Client – natural person, who has attained 18 years of age and has full legal capacity for legal acts or legal person or organizational unit with no legal personality but which is granted legal capacity under the law, who has ordered Promotional Materials via the Platform.
  7. Consumer – natural person, who has attained 18 years of age and has full legal capacity for legal acts who performs a legal act with the Company which is not directly related to his or her business or professional activity.
  8. Entrepreneur-consumer – natural person who runs a sole proprietorship, who orders Promotional Materials for purposes that are not directly related to his or her business activity.

§ 3

Rules of using the Platform

  1. Rules of using the Platform have been laid down in these Terms and Conditions.
  2. The right to use services offered by the Company via the Platform is granted only to Users, who have acknowledged with these Terms and Conditions and have accepted their provisions.
  3. The Company enables placing orders for delivery of Promotional Materials via the Platform.
  4. In order to use the Platform, fulfilling the following technical requirements is necessary: having multimedia device with access to the Internet, having web browser at least in version: Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or later versions, with enabled Javascript, accepted „cookies” files and Internet connection of capacity not less than 256 kbit/s. as well as having active e-mail account. In case of using device or software, that does not comply with the aforementioned technical requirements, the Company does not guarantee proper functioning of the Platform.
  • The User shall use the Platform in accordance with law provisions and principles of community life. Introducing illegal content by the User, in particular content that infringe any rights of any third parties, contain viruses or may cause interferences or damages of computer systems, is strictly forbidden. If the Company finds, that the User has committed infringement, mentioned in the previous sentence or other unlawful activities or activities contrary to the principles of morality, the Company is entitled to refuse to deliver Promotional Materials to the User.
  • The User shall in particular:
  • use the Platform in accordance with its purpose, Terms and Conditions and in a way that does not distorts its functioning,
  • use the Platform with the respect for rights of other User and third parties.
  • Services available on the Platform are provided 24 hours a day and 7 days a week. The Company reserves a right to introduce temporary breaks, including technical breaks in functioning of the Platform and the Users are not entitled to any claims for that reason. I feasible, the Company shall inform through available media about technical breaks and their duration, in particular by placing the aforementioned information on the website, on which the Platform is available.

§ 4

Personal data, privacy and cookies files

Specific provisions referred to privacy, Users’ personal data protection and use of cookies files by the Company are included in Privacy policy available at: riae.orderyoni.com/privacypolicy

§ 5

Placing orders and concluding delivery agreement

  1. The Company declares that it has the full right to trade in alcoholic beverages under license No. IV / A-19723/21, which constitute Promotional Materials on the platform www.riae.orderyoni.com
  2. Orders for delivery of Promotional Materials offered by the Company are accepted via the Platform. Information about Promotional Materials on the Platform shall not constitute an offer within the meaning of relevant provision of the law and shall constitute an information about Promotional Materials that are available in the Stationary shop.
  3. Placing an order shall constitute an offer to conclude an agreement for the delivery of Promotional Materials which are the subject of an order made by the Client to the Company
  4. Placing an order is effective after completion of full process of an order, which is commenced by adding Promotional Material to the shopping cart.
  5. By placing an order the User chooses:
    a) Kind of Promotional Material and its amount,
    b) Method of payment for delivery,
    c) Way of collecting Promotional Materials.
  6. The Company shall inform the User about the possibility of collecting ordered Promotional Materials via e-mail at e-mail address indicated by the User. The User shall collect Promotional Material via a proxy, i.e. by the courier.
  7. Orders for Promotional Materials shall be placed only by adults who have full legal capacity for legal acts. 
  8. The User may on his or her behalf commission the provision of the above-mentioned service to the delivery company. User may appoint a proxy via the Platform. If so, Promotional Materials are handed over, if the User entitled a courier in the order form to collect Promotional Materials from Stationary shop on User’s behalf.
  9. Promotional Material may be collected by an adult entitled by the User, who shall specify order’s number and present identity document in order to verify this person’s age.
  10. In case of commissioning collection of Promotional Materials to the courier company, the User shall bear all costs of such service determined by that company.
  11. The Company shall not hand over Promotional Material to the courier, who was not appointed by the Client via the Platform, unless that courier provides delivery services for UPS company. This provision has been introduced in order to guarantee, that the Promotional Materials shall not be handed over to a person under age or a person under influence of alcohol, and the UPS company shall verify these on the basis of cooperation agreement concluded with the company. 
  12. In case of commissioning collection of Promotional Materials to the courier company, the User accepts that:
  13. The courier shall be entitled to prove identity of the person to whom the courier hands over Promotional Materials in order to verify his or her age of majority,
  14. The courier shall refuse to hand over Promotional Materials in case of finding, the person to whom the courier hands over Promotional Materials is under age or under influence of alcohol or any other intoxicants.
  15. In case mentioned in subparagraph 12 point b) of this paragraph, as well as in any other case when User has not collected Promotional Materials, the Company shall return costs of delivery of the ordered Promotional Materials to the User.
  16. The User declares, that without regard to chosen way of collecting Promotional Materials, acquired Promotional Materials shall be collected by a person of age, that is not under influence of alcohol or any other intoxicants
  17. Placing an order for Promotional Materials by the User entails the duty to make a payment for a delivery. Obtaining payment obliges the Company to complete an order and to prepare it to collection by an entitled proxy within 21 days from date of place order.
  18. The Company may cancel the order, as well as to refuse to accept the order or to hand over Promotional Materials in the following events:
  19. specific Promotional Material is unavailable in a store,
  20. the Company has not received due payment for the delivery of Promotional Materials within 3 days from placing the order by the User,

§ 6

Prices of delivery of Promotional Materials and a form of payment

  1. All prices of delivery of Promotional Materials on the Platform are given in Euro currency and in gross value.
  2. Prices of deliver of Promotional Materials is binding from the moment of placing an order via the Platform until:
  3. the hand-over of Promotional Materials,
  4. cancellation of an order,
  5. refusal to accept an order.
  6. The Company reserves a right to change prices of delivery presented on the Platform, introduce new services and promotional materials, carry out promotional campaigns and to grant discount.  Changes of delivery prices shall not affect prices of delivery of Promotional Materials that have been ordered before the price change or announcement of a promotion.
  7. Payment for delivery of Promotional Materials shall be made only with use of electronic payment methods offered by the Company during placing an order via the Platform.

§ 7

Complaints

  1. All complaints that refer to ordered Promotional Materials may be filed:
  2. electronically, at e-mail address: biuro@smsprojekt.pl, or in written form at: Start Media International Sp. z o.o. ; ul. Niemczańska 33/5 ; 50-561 Wroclaw
  3. Complaint shall include in particular User’s contact details and a description of the defects found.
  4. The Company shall take a stance with regard to the complaint within 14 days from its receipt.
  5. In the event of occurrence of a physical defect of Promotional Materials, the User may:
    a) demand an exchange the defective Promotional Materials thing for new Promotional Materials free of defects;
    b) demand a delivery price reduction,
    c) rescind the delivery agreement.

§ 8

Exclusion of the right to withdraw from the agreement[1] 

  1. Conclusion of the delivery agreement with the Consumer or the Entrepreneur-consumer is allowable upon Consumer’s or Entrepreneur-consumer’s consent to perform delivery service entirely by the Company before expiry of period for withdrawal from the agreement concluded for distance or away from business premises within 14 days from its conclusion on the basis of Article 38 point 1 of the Consumer Rights Act of 30 May, 2014, to which these entities are entitled on the basis of Article 27 of the Consumer Rights Act of 30 May, 2014.
  • After entire performance of delivery service, the Consumer or the Entrepreneur-consumer shall lose the right to withdraw from the agreement. The specimen of the consent constitutes Annex no 1 to these Terms and Conditions.
  • Conclusion of the agreement for the delivery of Promotional Materials with the Consumer or the Entrepreneur-consumer, who has not given the consent, mentioned in subparagraph 1 above, is not possible.

§ 9

Final provisions

  1. Amendments of Terms and Conditions enter into force on the day of uploading new version of Terms and Conditions on the website www.riae.orderyoni.com. The Company ensures, that all orders placed before the change of Terms and Conditions shall be performed on the basis of Terms and Conditions applicable on the date of placing an order.
  2. To all matters not settled herein, appropriate provisions of the Polish shall apply, in particular Polish Civil Code, Act of 18 July 2002 on Electronic Provision of Services and the Consumer Rights Act of 30 May, 2014.
  3. These Terms and Conditions have been published at www.riae.orderyoni.com website in Polish and English language versions. In the event of any discrepancies between language versions of Terms and Conditions, Polish language version shall prevail.
  4. These Terms and Conditions are applicable from 14.12.2020r.

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