Terms & Regulations

 

§ 1

Preliminary Provisions

1. Crimston Spirits Electronic Platform, available at the web address www.sklep.crimston.pl, is operated by Club 27 Poland Sp. z o. o. with its registered office in Warsaw (02-017), at Al. Jerozolimskie 123A, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000590623, NIP 522-30-48-704, REGON 363244198, These regulations define the rules and procedures for placing orders on the Electronic Platform within the Store operated under www.sklep.crimston.pl.
2. The Regulations are a document referred to in art. 8 of the Act on the provision of electronic services.
3. The shop where orders can be placed via the Electronic Platform is run by Club 27 Poland Sp. z o. o. in Warsaw.

§ 2

Definitions

1. Customer – a natural person, legal person, or an organizational unit without legal personality, which, under specific regulations, possesses legal capacity and places an Order within the electronic platform for placing orders.
2. Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
3. Regulations – these Regulations specifying the fundamental rules for using the electronic platform for placing orders in the Crimston Store;
4. Store – a physical point of sale located in Warsaw, at Al. Jerozolimskie 123a, where Orders can be placed using the electronic platform available at www.sklep.crimston.pl,
5. Goods – products presented on the electronic platform that can be purchased in the Store;
6. Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between Club 27 Poland Limited Liability Company in Warsaw and the Customer, carried out in the Store located in Warsaw at Al. Jerozolimskie 123a.
7. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended);
8. Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
9. Order – a declaration of the Customer’s will aimed directly at concluding a Sales Agreement in the Store, specifying in particular the type and quantity of Goods;
10. Electronic Platform – the electronic platform for placing orders in the Store operated under www.sklep.crimston.pl,
11. Authorized Representative – a person to whom the Customer has granted authority to collect Goods on their behalf from the Store and/or to make payment for the Goods.

§ 3

Contact with the Store

1. Seller’s Address: Aleje Jerozolimskie 123a, 02-017 Warsaw
2. Seller’s Email Address: sklep@crimston.pl
3. Seller’s Phone Number: +48 793 016 027
4. Seller’s Bank Account Number: Citi Handlowy 79 1030 0019 0109 8503 0015 5215
5. The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
6. The Customer can communicate with the Seller by phone between 10:00-17:00.

§ 4

Technical Requirements

1. To use the Store, including browsing the Store’s assortment and placing orders for available Goods, the following are necessary:
   1. an end device with access to the Internet and a web browser such as Chrome version 49 and above, Firefox version 43 and above, MS Internet Explorer version 10 and above, Microsoft Edge version 13 and above, Opera version 36 and above, Safari version 4 and above;
   2. an active email account (e-mail);
   3. enabled support for cookies files.

§ 5

General Information

1. The Seller, to the widest extent permissible by law, shall not be held responsible for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Goods available in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing necessary personal and address information enabling order fulfillment without creating an Account.
3. The prices provided in the Store are stated in Polish złoty and are gross prices (including the currently applicable VAT).
4. The final amount payable by the Customer consists of the price for the Goods and the delivery cost (including charges for transportation, delivery, and postal services), of which the Customer is informed on the Store’s pages during the order placement process, including at the moment of expressing the intent to enter into a Sales Agreement.
5. According to the applicable legal regulations, Club 27 Poland Sp. z o. o. in Warsaw sells exclusively to individuals who have reached the age of 18 and whose behavior does not indicate that they are intoxicated. Sales on credit or against collateral are not conducted.
6. Customers can access the Regulations at any time via the link provided on the main page of the service and can print it.
7. Information about Goods presented on the Electronic Platform of the Store, especially their descriptions and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
8. The electronic platform for placing orders presents an offer in the scope of alcoholic beverages, non-alcoholic beverages, themed literature, and accessories related to the above.
9. Alcoholic beverages purchased through the Electronic Platform should be used for personal use and are not intended for further resale.

§ 6

Creating an Account in the Store

1. To create an Account in the Store, the Customer must complete the Registration Form. The following data is necessary: email address and password.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by providing the email address and password established in the Registration Form.
4. The Customer has the ability, at any time, without providing a reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, particularly through email or in writing to the addresses provided in § 3.

§ 7

Order Placement Rules via the Electronic Platform

1. To place an Order and enter into a Sales Agreement in the Store through the Electronic Platform, the Customer must:
   1. Create an account, log in to the Electronic Platform, or use the option to place an Order without registration;
   2. Select the Goods subject to the Order and then click the “Add to Cart” button;
   3. If the option to place an Order without creating an account is chosen, fill out the Order Form by providing recipient data and delivery address for the Goods, select the delivery type (method of delivering the Goods), select the payment method, provide invoice details if they differ from the recipient’s data;
   4. Click the “Pay Now” button, which is equivalent to accepting the order. The Customer will then receive an order confirmation to the specified email address.
   5. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
   6. During the order placement process, until clicking the “Pay Now” button, the Customer can modify the entered data and Goods. To do this, follow the displayed messages and information available on the page.
   7. In order to send the Order to the Store, the Customer must accept the content of the Regulations, confirm that they have reached the age of 18, provide the required personal data, and click the "Pay Now" button.
   8. Sending the Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with Club 27 Poland sp. z o. o., in accordance with the content of the  Regulations.
2. The condition for registering on the Electronic Platform is to express consent to the content of the Regulations and provide the necessary personal data as designated. By registering, the Customer authorizes Club 27 Poland sp. z o. o. to process their personal data.
3. Club 27 Poland sp. z o. o. may deprive the Customer of the right to use the Electronic Platform and may also limit their access to part or all of the content therein, with immediate effect, in the event of a breach of the Regulations by the Customer, particularly when the Customer:
   1. Provided during registration on the Electronic Platform false, inaccurate, or outdated data that misleads or violates the rights of third parties;
   2. Committed, through the Electronic Platform, a violation of personal rights of third parties, especially the personal rights of other users of the Electronic Platform;
   3. Committed other behaviors that will be considered by Club 27 Poland sp. z o. o. as inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of Club 27 Poland sp. z o. o.;
   4. Has not reached the age of 18.
4. A person who has been deprived of the right to use the Electronic Platform cannot re-register without prior consent from Club 27 Poland sp. z o. o.
5. The Sales Agreement is considered concluded from the moment of confirming acceptance for the execution of the Order by the Store.
6. The place of conclusion and execution of the Sales Agreement is the Store located in Warsaw at Al. Jerozolimskie 123a. The Sales Agreement is concluded in Polish, in accordance with the content of the Regulations.
7. Goods are collected at the point of sale in the Store located in Warsaw at Al. Jerozolimskie 123a.
8. Upon the Customer’s request, the Goods can be collected by their Authorized Representative at the point of sale, i.e., the Store located in Warsaw at Al. Jerozolimskie 123a.
9. In the event of the Customer’s desire to use the services of an Authorized Representative, the Customer authorizes Club 27 Poland sp. z o. o. to deliver the purchased Goods to the Authorized Representative, transfer the collected fee to the Authorized Representative, and provide the Authorized Representative with all personal data made available by Club 27 Poland sp. z o. o.
10. Club 27 Poland sp. z o. o. undertakes to deliver ordered Goods without defects.

§ 8

Offered Delivery and Payment Methods

1. The Customer can choose from the following methods of delivery or pickup for the ordered Goods:
   1. Courier delivery;
   2. Personal pickup available at the address: Aleje Jerozolimskie 123a, 02-017 Warsaw, 4th floor.
2. The Customer can choose from the following payment methods:
   1. Payment by bank transfer to the Seller’s account;
   2. Electronic payments;
   3. Payment by debit/credit card.
3. Detailed information about the delivery methods and accepted payment methods is available on the Store’s website.

§ 9

Execution of the Sales Agreement

1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receiving the Order and accepting it for execution occurs by the Seller sending the Customer an appropriate email message to the email address provided by the Customer during the Order placement process. The message contains at least the Seller’s statements about receiving the Order and accepting it for execution, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is deemed concluded upon the Customer’s receipt of the above-mentioned email.
3. In the case of payment by bank transfer, electronic payment, or credit/debit card payment, the Customer is obliged to make the payment within 2 calendar days from the date of concluding the Sales Agreement – otherwise, the order will be cancelled.
4. If the Customer has chosen a delivery method other than personal pickup, the Goods will be sent by the Seller within a period of up to 2 working days (subject to paragraph 5 of this section), in the manner selected by the Customer during the Order placement.
5. The start of the delivery period for the Goods to the Customer is calculated as follows:
   1. In the case of the Customer’s choice of payment by bank transfer – from the day the Seller’s bank account is credited.
   2. In the case of the Customer’s choice of electronic payment or credit/debit card payment – from the day the payment is confirmed.
6. If the Customer has chosen personal pickup of the Goods, the Goods will be ready for pickup by the Customer within a period of up to 48 hours. The Customer will be additionally notified by the Seller via an email message sent to the email address provided by the Customer during the Order placement process.
7. By making a purchase through the Electronic Platform, the Customer agrees to receive purchase confirmation documents via email.
8. The buyer agrees to receive fiscal receipts in electronic form to the e-mail address provided when placing the order.
9. Goods are delivered exclusively within the territory of Poland.

§ 10

Right of Withdrawal from the Agreement

1. The Consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason. The withdrawal period expires 14 days from the day on which the Goods were delivered.
2. The Consumer can withdraw from the Agreement by submitting a statement of withdrawal to the Seller. This right can be exercised by sending a written statement to Club 27 Poland Sp. z o. o. at the address: Aleje Jerozolimskie 123a, 02-017 Warsaw, or electronically to the email address sklep@crimston.pl. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the withdrawal period expires.
3. In order to exercise the right of withdrawal, the Customer may use the withdrawal form template provided on the Electronic Platform.
4. In the event of withdrawal from the Agreement, the price of the sale will be reimbursed to the Customer (excluding additional costs such as the actions of a Proxy) immediately, and in any case no later than 14 days from the day on which the statement of withdrawal from the Agreement was received, with the reservation that the Store is not obligated to refund the price before receiving the returned Goods.
5. The returned Goods should be sent to the address: Club 27 Poland Sp. z o. o., Aleje Jerozolimskie 123a, 02-017 Warsaw (4th floor), immediately, but no later than 7 days from the day the statement of withdrawal from the Agreement was submitted. In the event of exceeding this deadline, the Store will not be obliged to refund the Price. The Customer bears the costs of returning the Goods.
6. The price will be refunded using the same payment methods that the Customer used in the initial transaction, unless the Customer has explicitly stated otherwise, with the prior approval of the Store.

§ 11
Warranty for Defects

1. The Seller is liable to the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, for warranty for defects as defined in the Civil Code.
2. Complaints arising from the violation of Customer’s rights should be directed to the email address sklep@crimston.pl. Club 27 Poland Sp. z o. o. will consider the complaint within 14 days, and if it is not possible to consider the complaint within this period, undertakes to inform the Customer of a new deadline.
3. Club 27 Poland Sp. z o. o. is not the manufacturer of the Goods and does not provide any warranty for them.

§ 12

Complaints Regarding the Provision of Electronic Services

1. Club 27 Poland Sp. z o. o. takes actions to ensure the proper functioning of the Electronic Platform, to the extent resulting from current technical knowledge, and undertakes to promptly rectify any irregularities reported by the Customer.
2. The Customer is obliged to immediately notify Club 27 Poland Sp. z o.o. of any irregularities or interruptions in the operation of the Electronic Platform.
3. Irregularities related to the operation of the Electronic Platform can be reported by the Customer via email to sklep@crimston.pl.
4. In the notification, the Customer should provide their first name and surname, correspondence address, type, and date of the occurrence of irregularities related to the operation of the Electronic Platform.
5. Club 27 Poland Sp. z o. o. undertakes to consider complaints within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.
6. Club 27 Poland Sp. z o. o. undertakes to comply with the code of good practices referred to in Article 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices, Journal of Laws of 2016, item 3.
7. Detailed information regarding the possibilities for the Consumer to use out-of-court methods of complaint consideration and claims enforcement, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php, and http://www.uokik.gov.pl/wazne_adresy.php.
8. Club 27 Poland Sp. z o. o. informs about the possibility of using out-of-court methods of complaint consideration and claims enforcement, i.e.: a. The Consumer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle the dispute arising from the Agreement concluded with the Seller. b. The Consumer is entitled to apply to the Voivodeship Inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller. c. The Consumer can obtain free assistance in settling the dispute between them and the Seller, also using the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumer Association).

§ 13

Personal Data in the Online Store

1. The Administrator of personal data of Customers collected through the Online Store is the Seller.
2. Personal data of Customers collected by the Administrator through the Online Store is collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of Customers of the Online Store may be:
   1. In the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing shipments on behalf of the Administrator.
   2. In the case of a Customer who uses electronic payment methods or a payment card on the Electronic Platform, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The Customer has the right to access their data and correct it.
5. Providing personal data is voluntary, but not providing the personal data required by the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this Agreement.

§ 14
Final Provisions

1. Agreements concluded through the Electronic Platform are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e., changes in the law, changes in payment methods, and deliveries – 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.
3. Matters not regulated in these Regulations are subject to the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act, the Personal Data Protection Act.
4. By accepting the Regulations, the Customer agrees to the processing of their personal data contained in the submitted Order for the purposes necessary to fulfill 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 repealing Directive 95/46/EC (GDPR).
5. By accepting the Regulations, the Customer declares that he has read the Information Clause regarding the processing of his personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).