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Terms and Conditions

Regulations for Placing Orders

REGULATIONS FOR PLACING ORDERS ON THE PLATFORM www.shop.dictador.com

§ 1. DEFINITIONS

  1. Terms used in the Regulations signify:
    • Customer – any person whose special provisions grant legal capacity, placing an Order within an electronic platform for placing orders or using the service. In the case of a natural person, the Customer are only adults (persons have reached 18 years of age). The client may also be a legal person or an organisational unit that has the capacity to perform legal acts;
    • Customer Account – a set of data and resources allowing the use of the Platform, including, among others, an individual history of the Customer’s orders;
    • Representative – a natural or legal person to whom the Customer has granted a power of attorney to collect the Goods from the Store on his behalf or to pay for the Goods, the scope of which is specified in separate regulations;
    • Platform – an electronic platform for placing orders in the Store run by the Seller at www.shop.dictador.com;
    • Regulations – these regulations defining the rules of using the Platform;
    • Reservation – a service provided electronically consisting of ensuring the availability of the Goods in the Store and making available to the Customer the possibility of reserving a specific Goods for its potential subsequent purchase in the Store in accordance with the conditions applicable on the date of booking, performed by the Platform Operator after the Customer has made the relevant actions within the Platform;
    • Registration – activities undertaken on the Platform which are a process leading to the creation of a Customer Account;
    • Shop – a stationary point of sale run by the Seller located in Mikołów, at ul. SKANNA 2, 43-190 Mikołów, in which you can place Orders using the Platform, covered by the permit issued to the Seller for the sale of alcoholic beverages intended for consumption outside the place of sale;
    • Seller – “Dictador Europe” sp. Z o.o. with its registered office in Katowice, at the address 40-611 Katowice, ul. Fabryczna 15, with a share capital of PLN 4 000 000.00, NIP 6423098529, REGON 241221527, entered under KRS number 0000330671 into the National Court Register - Register of Entrepreneurs kept by the District Court Katowice - East in Katowice, VIII Commercial Division of the National Court Register, e-mail address online@dictador.com.
    • Sales Agreement – an agreement concluded by the Seller and the Customer in the Store, through which the Seller undertakes to transfer ownership of the Goods to the Buyer and hand over the Goods to him, and the Customer undertakes to collect the Goods and pay the price to the Seller;
    • Service – the service of maintaining the Customer Account and the booking service;
    • Goods – items marked according to type, presented on the platform, which can be purchased in the Store, including alcoholic beverages within the meaning of the Act on Upbringing in Sobriety and Countering Alcoholism.
    • Order – a declaration of will of the Customer, aimed directly at reserving the Goods in the Store, specifying in particular the type and number of Goods.
  2. For these Regulations, the following provisions of law apply in addition:
    • Act of 23 April 1964 Civil Code (Official Journal of 1964 No. 16, item 93, i.e. Official Journal of 2023, item 1610, as amended) – In the Regulations figures as “Civil Code”;
    • Act of 30 May 2014 Civil Code (Official Journal of 2014 item 827, i.e. Official Journal of 2023, item 2759) – in the Regulations figures as the “Consumer Rights Act”;
    • Act of 18 July 2002 Civil Code (Official Journal of 2002 No. 144, item 1204, i.e. Official Journal of 2020, item 344) – in the Regulations as the “Act on Electronic Services”;
    • Act of 26 October 1982 Civil Code (Official Journal of 1982 No. 35, item 230, i.e. Official Journal of 2023, item 2151) – in the Regulations figures as the “Consumer Rights Act”.

§ 2. GENERAL PROVISIONS

  1. The Regulations specify the rules for using the Platform located at www.shop.dictador.com and is a document referred to in Article 8 of the Electronic Services Act. Customers can access the Regulations at any time and place via the link on the Platform’s website.
  2. The Platform Operator provides Clients with the following services through the Platform:
    • Booking service;
    • Customer Account Service.
  3. The Store, where you can place Orders via the Platform, is run by “Dictador Europe” sp. Z o.o. with its registered office in Katowice, at 40-611 Katowice, ul. Fabryczna 15, with a share capital of PLN 4 000 000.00, NIP 6423098529, REGON 241221527, entered under KRS number 0000330671 into the National Court Register - Register of Entrepreneurs kept by the District Court Katowice - East in Katowice, VIII Commercial Division of the National Court Register, e-mail address: online@dictador.com.
  4. The Regulations shall specify in particular:
    • Rules for registering and using the Customer Account within the Platform, including without creating a Customer Account;
    • Terms and conditions of booking Goods available in the Store via the Platform.
  5. The use of the Platform is possible provided that the following minimum technical requirements are met - web browsers in the current version e.g.:
    • Firefox
    • Chrome
    • Microsoft Edge
  6. The Platform Operator makes reserving of Goods in the Store exclusively for adult Customers. The age of the Customer is verified during personal collection in the Store. The Store reserves the right to verify the age by looking at the appropriate ID card, to which it is entitled under Article 15(2) of the Act on Upbringing in Sobriety and Countering Alcoholism.
  7. Information about the Goods posted on the Platform, in particular their descriptions and prices, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
  8. Reservation of the Goods is concluded and carried out exclusively in the Store at ul. Skośna 2, 43-190 Mikołów, the release and sale of the Goods reserved during the Order is also carried out exclusively in the Store at ul. Skośna 2, 43-190 Mikołów.

§ 3. RULES OF USE OF THE PLATFORM

  1. The condition for starting to use the Platform is to make a one-time reservation of goods or to set up a Customer Account on the Platform, which takes place by filling in and accepting the registration form and providing your personal data necessary to conclude and perform the contract.
  2. The Platform Operator may deprive the Customer of the right to use the Platform, as well as limit his access to part or all of the content contained therein, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:
    • Provided incorrect personal data, in particular regarding his age;
    • Uses the Platform in a manner contrary to its purpose, law, and principles of social coexistence;
    • Uses the Platform to violate the personal rights of third parties.
  3. Re-registration – after using 1.2 above – is possible only with the consent of the Platform Operator.
  4. The Platform Operator takes all necessary technical and organisational measures to prevent the acquisition and modification by unauthorised persons of personal data transmitted on the Internet.
  5. In particular, the Customer is obliged to:
    • Use the Platform in a way that does not interfere with its functioning and does not bother other Platform Customers;
    • Not to provide or transmit content prohibited by law through the Platform, such as content promoting violence, defamatory or violating personal rights and other rights of third parties, or unsolicited commercial information (spam),
    • Compliance with the provisions of the Regulations, the Privacy Policy and the provisions of generally applicable law.

§ 4. CUSTOMER ACCOUNT SERVICE

  1. The contract for the provision of the Customer Account Service is concluded when the User effectively completes and accepts the form allowing to complete the registration within the Platform – upon clicking the button marked: “Registration.”
  2. The contract for the provision of the Customer Account service is concluded for an indefinite period.
  3. Confirmation of the conclusion of the contract for the provision of the Customer Account Service is delivered to the User at the e-mail address indicated by him.
  4. The Customer may at any time and without giving reasons, terminate the contract for the provision of the Customer Account Service by filling in the appropriate form on the Platform. The termination shall not affect the execution of reservations concluded by the Customer before the termination of the contract for the provision of the Customer Account Service and shall be effective upon its delivery to the Platform Operator.
  5. In the event of persistent violation of the Regulations by the Customer, the contract for the provision of the Customer Account Service may be terminated with immediate effect by the Platform Operator, of which the Customer shall be notified by the Platform Operator via e-mail.

§ 5. THE PROCEDURE FOR RESERVING GOODS

  1. In order to reserve Goods in the Store via the Platform, you should go to the website www.shop.dictador.com, select the Goods and follow the messages and instructions displayed on the Platform. Next, it will be necessary to provide the personal data necessary to execute the Order or to log in to the Customer Account. The Customer has the opportunity to start the process of reserving the Goods both through the Customer Account and without it.
  2. The selection of ordered goods by the Customer is performed by adding them to the basket. The customer is entitled to modify the contents of the basket until the reservation is made. The customer chooses the goods, their number, method of payment and method of collection – personally or through a Representative.
  3. During placing the Order – until the button “I reserve with the obligation to pay” is pressed – the Customer has the possibility to modify the entered or selected data.
  4. By making a reservation, the Client confirms that he is aware that its implementation is related to the obligation to pay the price.
  5. The contract of sale of the Goods between the Seller and the Customer is concluded exclusively in the Store at the address specified in the Regulations.
  6. After the Customer using the Platform has provided all necessary data, a summary of the placed Order will be displayed. The Order Summary will contain information on:
    • Subject of the Order,
    • Execution time of the Order
    • Unit and total price of the ordered goods, and additional costs (if any), such as the remuneration of the Representative for the collection and transfer of the Goods to the Customer, if the Customer has decided to use his Representative,
    • the selected payment method,
    • the time and manner of the actions of the Representative.
  7. In order to send the Order to the Store, it is necessary to accept the content of the Regulations, provide truthful personal data marked as mandatory, and press the button "I reserve with the obligation to pay". The above, except for pressing the button “I reserve with the obligation to pay”, does not apply to Customers who have a valid and active Customer Account on the Platform.
  8. Sending the Order by the Customer is a declaration of will to conclude the reservation of the Goods in the Store with the Store, in accordance with the Regulations, together with the obligation to pay the price for the Goods.
  9. After placing the Order, the Customer receives an e-mail containing the final confirmation of all relevant elements of the Order, including the price.
  10. The Reservation Agreement is considered concluded at the moment of confirmation of acceptance of the Order by the Store.
  11. The place of conclusion and processing of the Goods reservation is the Store, located in Mikołów, ul. Skośna 2, 43-190 Mikołów. The goods will be delivered to the Customer only in the above-mentioned Store. Conclusion of the Sale Agreement of the reserved Goods and its collection is possible only during the hours of operation of the Store.
  12. Delivery of the reserved goods:
    • Delivery of the Goods, transfer of ownership, and conclusion of the Sales Agreement takes place at the point of sale in the Store located in Mikołów, ul. Skośna 2, 43-190 Mikołów. The Seller does not provide shipping of the Goods.
    • The Customer is obliged to collect the Goods personally in the Store. At the request of the Customer, the Goods may be issued to his Representative in the Store – this issue is regulated by separate regulations. Delivery of the reserved Goods to the Representative is treated as handing it over to the Customer.
    • In order to issue the Goods to the Representative, the Customer should grant an appropriate power of attorney on the terms specified in separate regulations. The Customer shall bear the costs of establishing the Representative on his own.
    • If the Customer wishes to use the actions of the Representative, the Customer authorises the Platform Operator to deliver the Goods purchased by the Customer to the Representative.
    • If the Client wishes to use the actions of the Representative, the Customer authorises the Platform Operator to transfer to the Representative the amount of the remuneration collected to the Representative.
    • The Customer declares that it will be collected by an adult who will not be intoxicated. The Seller is authorised to verify the age of the person receiving the Goods.
  13. The Seller reserves the right to cancel the reservation or refuse to issue the reserved Goods in the following situations:
    • Lack of Goods in sufficient number to complete the booking;
    • The recipient of the Goods refuses to show a document confirming their legal age;
    • The recipient of the Goods is in a state of intoxication.
  14. The Seller will make every effort to process the Reservations as soon as possible. The Customer will be notified by e-mail about the possibility of purchasing the reserved Goods and its collection in the Store within [-] business days from the date of booking. The Seller reserves the right to extend the indicated period due to circumstances beyond his control, about which he is obliged to inform the Customer by phone or e-mail.
  15. The prices of the goods are given in Polish zlotys and include all components, including VAT (including the amount of the rate) and all other fees. The price of the Goods in force at the time of booking shall be binding on the Seller and the Customer until the Goods are collected or the Reservation is cancelled.
  16. The Customer has the opportunity to pay the price in the following way:
    • transfer to the bank account number [-]
    • payment in the system [-],
    • Payment directly in the Store in person or through Representative.
    • Others available on the platform.

§ 6. COMPLAINTS

  1. Complaints should be submitted:
    • If in paper form – by correspondence to the Store address provided in the Regulations
    • If via electronic mail – to the Seller’s e-mail address indicated in the Regulations
  2. If the data or information provided in the complaint needs to be supplemented, before considering the complaint, the Seller will ask the Customer to supplement it in the indicated scope.
  3. The Seller undertakes to consider the complaint submitted by the Customer within 14 days from the date of its submission or supplementation by the Buyer. If the Seller does not respond to the complaint within the indicated time, it is assumed that the complaint was justified.
  4. The provisions of this paragraph do not apply to defects of the Goods, which were indicated by the Store at the latest at the time of reserving the Goods.
  5. The Store is liable under the warranty for defects of the Goods, if the defect has been found within two years from the date of delivery of the Goods to the Customer, but the Seller's liability under the warranty toward Buyers who are entrepreneurs is completely excluded, which does not apply to entrepreneurs with consumer rights.
  6. If the Buyer finds that the Goods booked and then received have a defect, the Buyer is obliged to inform the Seller about it on the same day.
  7. The complaint should include: Customer data, information on the Goods and Order, description and date of the defect of the Goods and the Customer's request. The Customer is also obliged to provide the original or a copy of the proof of purchase or other proof confirming the purchase of the complained Goods, as well as to send back the complained Goods so that the complaint can be considered.

§ 7. WITHDRAWAL FROM THE CONTRACT

  1. Before approving the data during placing the Order, the Customer agrees to perform the Reservation Service fully by the Platform Operator before the deadline for withdrawal from the contract for the provision of the Reservation Service, while the Customer obtains information that the consent gives, that after the performance by the Platform Operator, the User will lose the right to withdraw from the contract within 14 days from the date of its conclusion, in accordance with the provisions of Article 38 point 1 of the Act of 30 May 2014 on consumer rights.
  2. The Customer who is a Consumer may within 14 days withdraw from the contracts for the provision of Services referred to in the Regulations without giving a reason and without incurring costs, with the reservation that if the Reservation Service has already been fully performed, after the Customer has given the consent indicated in paragraph 1 above, the right of withdrawal will not be granted.
  3. The period for withdrawal from the contract shall be counted from the day on which it was concluded.
  4. The Customer who is a Consumer may withdraw from each of the contracts for the provision of Services by submitting a statement to the Platform Operator on withdrawal from the contract to the indicated electronic address of the Platform Operator or via the Customer Account.

§ 8. PROTECTION OF PERSONAL DATA

  1. The Seller is the Administrator of personal data of Clients and their Proxies.
  2. The Seller as the Administrator processes 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 of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), act of 10 May 2018 on the protection of personal data (Official Journal of 2018 item 1000, i.e. Official Journal of 2019, item 1781) and other relevant provisions on the protection of personal data. Processing takes place in order to process the Order.
  3. All detailed rules regarding the processing of personal data, including in particular the purposes and legal bases of processing and the rights of Buyers as data subjects, are included in the Privacy Policy.

§ 9. FINAL PROVISIONS

  1. The Platform Operator reserves the right to introduce restrictions on the use of the Platform caused by its technical service, maintenance work, or work on improving its functionality. At the same time, the Platform Operator undertakes to make every effort to ensure that such restrictions and breaks take place at night and last as short as possible.
  2. The Platform Operator reserves the right to change these Regulations. Changes shall come into force at the time expressly indicated by the Seller, not earlier than after 7 days from the date of their announcement. Orders placed before the entry into force of the amendments referred to in the preceding sentence shall be executed on the terms in force at the time of their submission. The Customer who does not agree to the changes introduced in these Regulations should refrain from further use of the Platform.
  3. Any disputes shall be settled amicably or in the presence of an independent and impartial mediator.
  4. In matters not covered by these Regulations, the applicable provisions of generally applicable law shall apply.
  5. The regulations are in force from 15.07.2024

REGULATIONS OF POWER OF ATTORNEY TO COLLECT GOODS ORDERED FROM THE STORE USING AN ELECTRONIC PLATFORM FOR PLACING ORDERS www.shop.dictador.com

I. General provisions

  1. To these Regulations, in a non-regulated scope, the provisions of the Regulations of the Electronic Platform for placing Orders WWW.SHOP.DICTADOR.COM and the Privacy Policy shall apply accordingly.

II. These Regulations apply in the case of expressing by the Customer the will to collect the goods from the Store through a representative.

III. Execution of power of attorney

  1. Execution of the power of attorney by the Representative consists in collecting the Goods at the point of sale, i.e. In the Store on behalf of the Customer, and then delivering to the address indicated by the Customer in the manner chosen by him. The Store and the Platform Operator do not provide delivery.
  2. In order to exercise the power of attorney, the Client grants the power of attorney to Fulfilio Sp. z o.o., Klimczaka 1, 02-797 Warsaw. The power of attorney will be granted in electronic form during the process of handling the reservation on the Platform, to which the Customer hereby agrees.
  3. The Representative will deliver the Goods purchased and collected from the Store by courier or in another manner agreed with the Customer. Delivery costs, available delivery methods, and the remuneration of the Representatives are indicated on the Platform at the time of placing the Order. In addition, the costs of delivery by the Representative will be indicated at the time of making a reservation, if the Customer chooses to collect the Goods through a Representative.
  4. The Representative will deliver the Goods within 3 working days from the date of receipt of the Goods from the Store to the Customer.
  5. The Representative may act on his own behalf and on behalf of the Customer, depending on his/her choice.
  6. The Representative (as well as the carrier, which the Representative uses) undertakes to verify the age of the Customer each time by presenting an identity document. The Goods will not be released to a minor or an intoxicated person.

IV. Remuneration of the Representative

  1. The Customer shall pay the remuneration of the Representative together with the payment of the price for the reserved Goods and according to the methods indicated therein and chosen by him.
  2. The Customer authorises the Representative to collect from the Platform Operator the transferred remuneration of the Representative. The refund will be made in the same way as the payment was made with deduction of the cost of appointing the Representative.
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