TERMS & CONDIOTIONS OF WEBPAGE
§1. General provisions
1. The webpage is operating on the Internet at wealthselected.com (hereandafter called “WSEL website”) website is run by Wealth Solutions S.A. with its registered seat at Chmielna 19, 00-021 Warsaw, Poland, entered into entrepreneur registry run by Sąd Rejonowy dla m.st. Warszawy in Warsaw, XII KRS Commercial Division, entered under KRS no.: 3181118, NIP: 5252396974, NIP PL[…], REGON 140998978 (hereandafter called “Wealth Selected”, “WSEL”). Address data of Seller are as follow: Chmielna 19, 00-021 Warsaw, Poland, phone number +48 22 378 99 50 ; fax +48 22 378 99 51; e-mail address: firstname.lastname@example.org 2. WSEL website online collect orders regarding alcohol beverages which are traded by WSEL all around the World. 3. WSEL website run its business on the grounds of Terms & Conditions stipulated hereunder and Act of Consumer Law of 30th of May 2014 (tj. Dz.U. 2020 r. poz. 287). 4. Buyer is obliged to read carefully Terms & Conditions before establishing an account and placing an order. 5. By establishing an account of WSEL website Buyer accepts Terms & Conditions. WSEL website provides services only to the individuals who are at least 18 years old. In the event of providing service abroad, whereas minimum age for purchase of alcohol is higher than 18 years old then minimum required age for such citizen to order increases proportionally.
§ 2. Definitions
The following words and phrases shall have the following meaning: E-mail address – ICT system which is necessary to communicate via electronic communications, especially email; Buyer – consumer, physical person, who concludes sale agreement or is willing to conclude sell agreement with WSEL beyond conducting business activity based on grounds of hereunder Terms & Conditions. Account – file of data individually assigned to ICT system at the WSEL platform whereas Buyer has access to using name and password; Terms & Conditions – terms & conditions hereunder stipulated; Seller – entity determined in article 1 point 1 of Terms & Conditions; Webpage, WSEL website – Internet webpage determined in article 1 point 2; ICT system – a certain amount of IT compatible devices and software, which proceed all data recorded on platform to the final electronic community device determined as defined in law of telecommunication 0f 16 July 2004 (Dz. U. 2016 poz. 1489); Products – goods offered by Seller which are the subject of sale agreements concluded between Seller and Buyer or services provided to the Customer by the Seller;
§ 3. Price and fees
1. The prices at the Webpage are stated in PLN or EUR are gross prices (inclusive of the VAT). If the price for product is stated in other currency, it is determined directly. 2. The price specified for each product does not include the shipment costs. The shipment cost is determined at the moment of placing an order. Buyer shall also pay insurance from the time of purchase until time of delivery. 3. Order payment methods are as follow: a. Stripe or Pay Pal system; b. bank transfer; c. cash on delivery. 4. Seller is entitled to limit manners of payment for Order. 5. Accept form of cash on delivery payment, Buyer is obliged to pay for Products at the moment of placing an order. Payment is made at the moment of receiving money on WSEL account or confirmation on Pay Pal or Stripe. 6. WSEL issues a cash register receipt. WSEL issues an invoice at Buyer request. 7. The price specified on the Webpage as well as the description of the Products shall be deemed as commercial and marketing messages not as an offer under Civil Code provision. The price specified on the Webpage at the moment of acceptance of order by the Seller is the final price binding Seller and Buyer. 8. The price specified regarding specified product is valid while stock lasts. 9. In case of order for Product to other country than Republic of Poland, Buyer is also required to pay anu duties or taxes which attach to the Product, including but not limited to custom duties. These amounts are not included in the price paid for the Product. Buyer is solely responsible for obtaining customs clearance fir the import of the Products. 10. In case of order for Product to other country than Republic of Poland, Seller reserved the right, by giving notice to Buyer at any time before delivery of the Products, to increase the price of the order to reflect any increase in cost to Seller which is due to any factor beyond control of Seller, such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties. In such case Buyer is obliged to make additional payment immediately. Buyer is responsible for the lack of payment on time.
§ 5. Orders
1. Terms and Conditions shall be accepted by Buyer to make an order at the Webpage. 2. Webpage accepts orders twenty four hours per day and seven days in a week. 3. Buyer can place an order via: a. form provided by Seller on Webpage platform; 4. All valid and reliable data such: name and last name, exact address, email address, telephone number, age and statement that purchase is made for private usage have to be fulfilled. In case of making purchasing due to Buyer’s entrepreneurship, Buyer has to contact Seller via email firstly. Buyer is obliged to use true and updated data. Buyer is responsible for any loss or damage which may occur because Buyer has not provided updated, true, accurate and complete information. 5. Buyer confirms placing an order as well as oblige himself to conclude a sale agreement by the clicking button “Place Order”. 6. After placing an order, Buyer receives on Buyer’s Account a confirmation of order from Seller with the list of Products, final price, costs of shipment and the manner of performance of delivery. 7. The acceptance of order shall be made within one working day since receiving order for Product. If order for Product has been submitted on Saturday, Sunday or during Holidays, Seller shall confirms an order on the first following working day. Otherwise order is not binding for Buyer. The rejection of order occurs if: Product is not available on stock; data provided by Buyer is incomplete, false, unreliable; Buyer had not received previous order; beyond control of Buyer circumstances has occurred; Seller put limits on purchasing specific Products for one individual and Buyer has exceed these limits. 8. Order proceeding begins after conclusion of agreement and receiving payment on Seller’s account unless payment is made in the form of cash on delivery then after sending an acceptance of order. The sale agreement in concluded at the moment of acceptance of order by Seller. 9. WSEL undertakes to complete the Order at the latest date indicated in the description of the products ordered, but no later than within 14 business days, unless the date indicated in the description is longer, in such a case the longer period is binding. In the event of failure in performance of order in time entirely, Buyer is entitled to rescind a sale agreement or accept the performance of sale agreement partially. In the event of refund, Seller has no other liability or responsibility to Buyer, especially pay interests or other fees. 10. Seller reserves the right to reject, amend or not accept order at its sole discretion for any reason, including in the event of unavailability. Only acceptance of order is binding. 11. All sales agreements performed upon orders for Products via WSEL website are exercised at retail outlet placed at Chmielna 19, 00-021 Warsaw, Poland. 12. By placing an order Buyer also confirms that Product is purchased and will be deliver directly to the person who is 18 years old as well as article 15 law on upbringing/education in sobriety and counteracting alcoholism, does not apply towards this person. Buyers acknowledges not to offer the Products for resale as well.
§ 6. Delivery
1. Buyer is obliged to pick up package at sale point at Chmielna 19, 00-021 Warsaw Poland, from 10:00 AM to 4:00 PM. Buyer is allowed to pick up package personally or by the authorized person by Buyer. Buyer may also request for delivery a delivery company which collaborate with Seller. Delivery company shall pick up package and deliver Products to address determined by Buyer. 2. Products shall not be pick up by individual under 18 years old or by drunk person. Delivery company is obliged to verify if the person is able to pick up Package. 3. If Buyer choose a service of delivery company sale agreement is performed in the moment of picking up Product by delivery company at Buyer’s risk. 4. WSEL delivers its Products all around the World accept […]. If products are ordered for delivery outside of the UE, Buyer is responsible for verifying if the Products may be send to Buyer’s country legally as well as Buyer is obliged to pay tax and duties if it applies. 5. Seller shall act with due diligence regarding delivery Products in time. In case of delay, Buyer will be informed about delay. 6. In the event of choosing delivery by the delivery company, shipment is performed by delivery company chosen at the sole discretion of the Seller. The Products shall be insured. Seller is entitled to change the shipment company also after conclusion of sale agreement. 7. Buyer shall be notified about transferring package to delivery company via e-mail or sms. 8. Buyer is obliged to inspect the Products on delivery regarding defects, shortages at the presence of representative of the delivery company. All defects, shortages shall be claimed to the representative of delivery company and shall be noticed in report provided by representative of delivery company. Faulty Products shall be returned to a representative of delivery company with cash register receipt attached. Buyer is obliged to notify Seller about the claim immediately. 9. If order is unable to deliver to the place nominated by Buyer or if there is no representative nominated by Buyer or Buyer personally, Buyer is responsible for failure in delivery. 10. The cost of returned shipment shall be borne by Seller. If the warranty is accepted by Seller, Seller shall send products to Buyer at Seller’s own expense. 11. Seller shall not be liable for any delay in the delivery of Products. Time for delivery shall not be of the essence to the contract.
§ 7. Contract rescission
1. Buyer has the right to rescind the sales contract within fourteen days since delivery without cause and bearing costs accept these stipulated in article 7 point 2. Buyer is not allowed to rescind agreement in situations mentioned in article 7 point 9. 2. In case of rescission of agreement, Buyer is obliged to bear following costs: a. If Buyer choose another form of shipment than offered by Seller. Seller is not required to cover additional costs. b. Buyer shall bear all costs regarding return; 3. To exercise the right of rescission, Buyer must submit a clear notice of rescission to Seller which is attached thereto using one of the following channels: via post office sending a cealr notice to Wealth Solutions S.A., Chmielna 19, 00-021 Warsaw, Poland; as well as via e-mail email@example.com A clear notice submitted after fourteen days since delivery does not cause legal effects due to consumer law. 5. A clear notice and general information regarding right to rescind is appendix no. 1 and 2 attached thereto. 6. Buyer is responsible for diminished value of the product resulting from its being used otherwise than as necessary to determine the nature, features and functioning of the product. The cash register receipt to the returned product shall be attached. 7. The refund shall be made within 14 days since receiving a clear notice of rescission. In any case, Buyer shall receive refund in full except these stipulated in article 7 point 2. The refund shall be made using the same payment channel as was used by the Buyer in the original transaction, unless Buyer has explicitly agreed to another solution which does not generate additional costs. 8. Buyer shall be obliged to return Products no later than 14 days since Buyer rescinded sale agreement. Product has to be sent back within aforementioned 14 days. 9. Buyer is responsible for diminished value of the product resulting from its being used otherwise than as necessary to determine the nature, features and functioning of the product. 10. Customer is not allowed to rescind the remote agreement in following circumstances: 11. regarding services, if the service is performed in full before a 14 days period and customer has been informed there of; (2) if the price depends on market fluctuation, is beyond control of Seller and may occur during these 14 dayes period; (3) if the product is customized produced in the specific manner at customer request and customer’s individual needs; (4) if the products is liable to deteriorate or expire rapidly; (5) if the subject of the agreement are goods in sealed package, whereas after opening it is not possible to return because of the healthy and sanitary reasons; (6) if the goods after delivery are inseparably linked with other goods; (7) the delivery of alcohol is performed after 30 days since sale agreement conclusion and the price for such alcohol may fluctuate independently because of the market factors; (8) concluded at public auctions.
§ 8. Warranty
1. Seller is responsible for the warranty in the case of faulty Products, i.e. physical or legal defect. 2. The physical defect of Product occurs, whereas the Product is non-compliant with sales agreement: a. Product is not conformity with the specification determined in sale agreement; b. Product does not have feature which Seller had ensured Buyer by presenting samples; c. Product does not fulfill Buyer’s requirements in spite of the fact that Seller had known those requirements; d. Product has some shortages. 3. If the fault of the Product has been detected no later than one year since delivery, it is assumed that Seller is responsible for a defect. 4. In case of defect of Product, Buyer is entitled to: a. demand lower price unless Seller substitutes this for identical product and it is not too much distress or inconvenience for Buyer. Modified price shall be made in proportion to the scope of defect. b. rescind the sale agreement if it is major defect unless Seller substitutes for new one without too much distress or inconvenience for Buyer; c. substitute Product for new one unless the price and costs exceed the value of Product comparing with the solutions proposed by Seller; d. fix the Product unless price and costs exceed the value of Product comparing with the solutions proposed by Seller; 5. Seller is entitled to withdraw with a refund till products are returned to the Seller or till Buyer sends a proof of sending products back, whichever takes place first. 6. WSEL is responsible for the warranty if a default is detected within two years since delivery. In case of substation for new one, two years period warranty renews. 7. Buyer is entitled to submit complaint in any form. Buyer can submit complaint via post office sending on address determined in article one point one or via email address. Buyer shall describe defect of the Product and determine what Buyer demands. 8. Buyer is entitled for complaint within one year since Buyer detects a defect. 9. Seller shall verify complaint within 14 days. If Buyer does not receive an answer within 14 days since receiving a complaint by Seller, it shall be assumed that complaint has been approved by Seller. 10. If complaint is approved, Buyer shall return defected Product to Seller at Seller’s cost.
§ 9. Special sell or off sales
In case of special sell or off sales, where the amount of products is limited on stock, sell agreements shall be made in order first-come-first-service rule up to the end of stock. However, is such sell aforesaid the Seller is entitled to change the order of performance of sell agreements at its sole discretion as well as Seller is entitled to come into force additional criteria. All exceptions shall be presented on WSEL website.
§ 10. Personal Data Protection Law
§ 11. Intellectual Property
1. All content at WSEL online website are protected by intellectual property law. All rights are reserved for WSEL or other entities by their consent. 2. All rights are reserved and using conten without prior consent of Seller violates a law. 3. The WSEL logo is reserved. 4. Buyer use of the platform by non-exclusive and free of charge licence granted by Seller strictly in accordance with these Terms & Conditions. 5. Buyer acknowledges and agrees that as a result of being granted a non-exclusive licence, does not acquire rights (including Intelectual Property Rights) in the software as well as contents presented on Webpage. 6. In the event of violation of intellectual property rights, Seller shall claim for damages.
§ 12. Technical Requirements
1. The latest browser versions are requiredto place an orders at Webpage. 2. Illegal content provided by Buyer is forbidden. 3. Buyer is obliged to sign in by establishing an Account on WSEL website platform as well as to have an email address. 4. Account is available only to, and may only be used by, individuals who can form legally binding contracts and purchase Products and their minimum age is 18 years.
§ 13. Cookies and other technical issues
§ 14. Others provisions
1. Seller reserves the right to change the prices of the products presented on website, launch new products, launch and cancel special offers or modifying its offers. 2. All differences regarding appearance of products between those presented at WSEL website and those which is deliver to Buyer does not provide the basis for warranty. 3. Any typographical, formal or other errors or omissions in any descriptions, specifications, quotation, price list shall be subject a liability of Seller. 4. Buyer acknowledges and agrees that Products can be delivered as “collectible glassware”, “collectible malt” or others at WSEL website’s decision. 5. Buyer chooses a username and password when registering Buyer’s account. Buyer is responsible for the security of the username and password. Buyer shall not authorized third person to use Buyer’s account. Under no circumstances will unauthorized access and use of Buyer’s Account reduce Buyer’s liability, including obligation to purchase a Product. 6. Buyer must notify Seller immediately if Buyer is aware of any unauthorized use of Buyer’s Account. 7. In the event of Force Majeure, WSEL website shall not be required to deliver the Products to you. In such case, parties shall make a settlement of accounts in the best interest of parties.
§ 15. Final provisions
1. Terms & Conditions constitutes an integral part of the sale agreement. 2. Polish law applies to sale of agreement. 3. Polish version of Terms & Conditions is binding version. 4. Parties shall to settle a dispute amicably, firstly. If Parties does not make a settlement, the second Party is entitled to take a legal action. More information about litigation and rights of consumer Buyer can receive from consumer advocate or local consumer advocate as well as on website www.uokik.gov.pl 5. Terms & Conditions may be changed by Seller any time. Time of placing of order constitutes which version of Terms & Conditions shall apply. 6. If any provision if these Terms & Conditions is found to be invalid or unenforceable , that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. 7. Terms & Conditions shall be effective at the date of publishing it on WSEL website