Wine Box

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Wine Box

Wine Box website terms of use

I. Definitions

1.Account: a part of the WINE BOX Website dedicated for the User, in which the User may view and update his/her data, place or cancel orders and perform other operations within the scope of the functions available there.
2.Terms of Use: the present Terms of Use of the WINE BOX website.
3.The WINE BOX Website which is run at the following internet address: www.winebox.com.pl, together with all the subpages which form a part of it; the website serves for advertising the offer of the Shop and enables placing Orders.
4.WINE BOX: WINEBOX sp. z o.o. with the registered office in Warsaw, Grzybowska 87, 00-844 Warszawa, registered at the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS 0000802802, NIP 5272904913, REGON 384310705.
5.User: a natural person of age holding full legal capacity, a legal person or an organisational unit possessing an account at the WINE BOX Website.
6.Shop: a service premises run under the name Wine Box, located at Plac Europejski 3, office B4, (00-844) in Warsaw, run by WIN EBOX pursuant to the permit no. UD-XVII-WDG-7340/I/B-148/2020 of 02-03-2020 for the sale of alcoholic beverages of over 4.5% up to 18% of alcohol content (except beer) intended for consumption outside of the place of sale, issued by the Municipal Office of the Capital City of Warsaw.
7.Order: The ordering of goods by the User through the WINE BOX Website, from the offer of the shop, within the scope of a subscription or single orders.
8.Release calendar: WINE BOX launch dates: February 10th, May 10th, August 10th, November 9th
9.Consumer: A user who is a natural person who performs with WINE BOX a legal transaction not directly related to his business or professional activity, including a sole proprietorship.

II. The Wine Box website

1.
  1. The WINE BOX Website serves for becoming familiar with the offer of the Shop, creating an Account, ordering subscriptions of Orders or an additional order from the offer of the Shop.
  2. The Terms of Use define the principles of using the WINE BOX Website.
  3. The services of the WINE BOX Website are only offered to persons who are at least 18 years old.
  4. The place of conclusion and implementation of sales agreements is the Shop.
2.Within the scope of the WINE BOX Website the User may also use the Account.
3.Using the WINE BOX Website requires:
  1. possessing an active e-mail account;
  2. a device with access to the Internet with the installed Internet browser: Chrome - version 25 or newer, or Internet Explorer - version 9 or newer, or Firefox - version 20 or newer, or Safari - version 5.1 or newer;
  3. enabled Cookie file acceptance and enabled Java Script management in the applied Internet browser;
It is also recommended to add message@winebox.com.pl, office@winebox.com.pl, ekspert@winebox.com.pl, winebox@winebox.com.pl, j.sawinska@winebox.com.pl addresses as safe senders in order to more strongly assure that correspondence from WINE BOX is delivered to the User.

III. Account

1.A person who wants to become a User must create an Account at the WINE BOX Website.
2.In order to create an Account, you must register on the WINE BOX Website. During registration you should provide your first name, surname, date of birth and e-mail address. Account activation will take place after clicking the activation link sent to the e-mail address provided. The WINE BOX service can also require other data in the registration process. In order to verify the age of the User WINE BOX requires the User's date of birth, in case of doubt, WINE BOX can also ask for a scan of the User's ID. In addition to providing the above data you must accept the Regulations and the privacy policy, if applicable. Account activation may also require confirmation in accordance with the instructions sent to the User to his e-mail address given in the registration form.
3.From the moment of finishing the registration the User may use the Account. From that moment, the User is bonded with WINE BOX by an agreement for rendering electronic services, within the scope of which WINE BOX makes the Account available to the User. This agreement is concluded for an indefinite period. The content of this agreement is wholly defined by the Terms of Use.
4.The User login to the Account by entering the email address provided during registration and the password
5.The User must not use the WINE BOX Website or the Account for actions other than those defined in the Terms of Use, including for observing, analysing and testing the functioning of the WINE BOX Website or of the Account for the purpose of becoming familiar with their idea and principles nor for modifying, in any way, the WINE BOX Website or the Account. The user also must not deliver content that is illegal, violates good mores or is insulting, using the WINE BOX Website or the Account.
6.WINE BOX commits that the WINE BOX Website and the Account will be available for at least 80% of time during the month. For the rest of the time the WINE BOX Website or the Account may not be available, for example, due to updates, adding new functions, removing functions which do not work well or due to the repair of errors and breakdowns.
7.The User must protect his/her login and password and not disclose them to other persons. The Account of a given User may be used only by that User. The User must not make his/her Account available to other persons, including other Users. If the User suspects that somebody may have obtained his/her login or password, the User should immediately change them and consider the necessity to cancel the payment card indicated in the Account.
8.WINE BOX informs Users that, due to the public nature of the Internet network, using the WINE BOX Website and the Account may be associated with risk connected with the interference of third persons in the transmission of data sent through the Internet between WINE BOX and the User. WINE BOX especially draws the attention of Users to the risk associated with the use of the Account by persons who are not entitled to that in the case when the User does not ensure due diligence in keeping the confidentiality of the login or password or discloses this information to third persons or remains logged into the Account despite not using it at a given moment.

IV. Subscription

1.In the Account the User may order a quarterly subscription of the products offered by the Shop, in accordance with the offer valid for a given moment. Placing an Order is also equate with the User's declaration that he/she is not a person to whom the sale of alcoholic beverages is forbidden, pursuant to art. 15 of the Polish Act on Upbringing in Sobriety and Counteracting Alcoholism, and that the User does not purchase the alcohol in order to resell it.
2.Ordering a subscription:
  1. requires the User to select the indicated product package;
  2. requires indicating the period of validity of the subscription (minimum a quarter);
  3. requires the User to indicate the date of collection or delivery of the goods in every month and the time slot within which the delivery should be carried out;
  4. requires the User to indicate the payment method;
  5. requires the User to accept, in the Account, the ordering of a given package (from that moment the order is deemed placed and the agreement for the purchase of the products within the scope of the subscription is concluded).
3.The products which may be ordered within the scope of the subscription shall be every time indicated at the WINE BOX Website.
4.The subscription shall enter into force from the day of ordering the subscription and shall end in the moment of carrying out the last product delivery covered by the order.
5.After ordering the subscription the User shall receive an e-mail with the confirmation of that order.

V. Single orders

1.At the WINE BOX Website the User may order also other products than those available within the scope of the subscription packages. A single order requires possessing an Account.
2.In order to purchase single products it is necessary to select those products at the WINE BOX Website and subsequently confirm their purchase using an appropriate button in the Account (from that moment the order is deemed placed and the agreement for the purchase of single products is concluded).
3.The payment for single products shall be charged directly after the confirmation of the order at the Website. Only orders which have been paid for shall be forwarded for implementation.

VI. Delivery

1.In case of placing an Order within the scope of a subscription the order shall be ready for collection/delivery within the three working days.
2.The User commits to collect the ordered goods at the Shop on the following days: from Monday to Friday, between 13:00-18:00. The User may collect the Order personally or through a UPS courier company which collects the ordered Goods from the Shop on behalf of and for the User. In the moment of selecting the option of the collection of the Order by a courier company in the Account, the User thereby authorizes the courier company UPS, with the right for granting further authorizations in the scope of the collection of the Order from the Shop on behalf of and for the User.
3.WINE BOX stipulates that the Order shall not be handed over to a person who is not of age or is not sober. WINE BOX shall be entitled to verify whether the person collecting the Order is of age.
4.The cost of the delivery of the Order by a courier company UPS is PLN 14 and is added to the value of the Order during its placement.
5.If the User selects the option of Order collection by a courier company, the handing over of the Order to the User takes place in the moment when WINE BOX hands the ordered Goods over to the courier company.

VII. Payments

1.The price of the products ordered within the scope of the subscription indicated at the WINE BOX Website, including during the placement of the order, constitutes the price for one batch of the given products delivered in one month of the validity of the subscription unless expressly stipulated otherwise for a given product. The prices of the subscription are defined in the pricelist present at the WINE BOX Website.
2.The prices of products ordered within the scope of the subscription or of products ordered within the scope of a single order are gross prices, i.e. they already include all taxes including VAT.
3.All payments may be performed using methods indicated at the WINE BOX Website. By accepting the Terms and Conditions, the User agrees to recurring payments for the subscription.
4.If a payment is made by the User (e.g. a bank transfer) then the amount of this payment must be credited on the bank account of WINE BOX on the day preceding the day of the delivery for which the given payment is made. If the payment is made by the User via WINE BOX (e.g. card payment) then, at the latest on the day preceding the day of delivery for which the given payment is made, WINE BOX must receive information from the User's bank or from the payment integrator about the possibility to carry out the payment and the proper authorization of the payment (the proper authorization of the payment is deemed the carrying out of the payment for the needs of the present Terms of Use).
5.In the case when the payment is carried out using a payment card, the User must provide all the required data of that payment card in the Account. The User must not remove this data throughout the whole period of validity of the subscription, unless the User updates this data or changes the data of the current card to the data of another card. The indicated payment card must ensure the possibility of online payment and must be valid, it must be issued for the User, it cannot be cancelled or blocked. For the purpose of performing the payment the User should ensure the presence of funds in the bank account to which the card was issued.
6.WINE BOX shall deliver to the User a receipt together with a given delivery.
7.In the case of making a payment, the subscription fee will be charged anually on February 10th, May 10th, August 10th, November 9th, unless the day of charging the subscription is not a business day. In the event that the day of charging the subscription is not a business day, the fee will be charged on the next business day following the day of charging the subscription. Payments for a subscription will be charged for the entire subscription period, until its cancellation by the User. In order to withdraw consent to recurring payments, the User should remove the card provided in the Account or send an e-mail to the address office@winebox.com.pl
8.Transactions made by card and e-transfer are processed by Przelewy24 – PayPro S.A., 60-327 Poznań (Poland), Kanclerska 15 (Poland).
9.All payments will be made in Polish Zloty.

VIII. Withdrawal from a subscription or from a single order

1.A User who is a Consumer may withdraw from the ordered subscription, without indicating the reason and without bearing costs, by submitting a statement of the withdrawal from the agreement for the sale of products within the scope of the subscription to the address of the registered office or to the e-mail address of WINE BOX. The User who is a Consumer may use this entitlement within 14 days from receiving the first delivery of products within the scope of the subscription. The user who is a Consumer cannot withdraw from the ordered subscription after receiving subsequent deliveries within the scope of that subscription. In order to meet the deadline it is enough to send the statement before the expiry of that deadline. In case of the withdrawal from the ordered subscription the User who is a Consumer shall be obliged to return the received products within 14 days from making the statement of the withdrawal to the address of the Shop.
2.A User who is a Consumer may withdraw from the ordered single products, without indicating the reason and without bearing the costs, by submitting a statement of the withdrawal from the agreement for the sale of single products to the address of the registered office or to the e-mail address of WINE BOX. The User who is a Consumer may use this entitlement within 14 days from receiving those single products. In order to meet the deadline it is enough to send the statement before the expiry of that deadline. In case of the withdrawal from the ordered single products the User who is a Consumer shall be obliged to return the received products within 14 days from making the statement of the withdrawal to the address of the Shop.
3.In case of the withdrawal the agreement for the sale of products within the scope of the subscription or the agreement for the sale of single products shall be deemed not concluded.
4.The direct costs of returning the products are borne by the User who is a Consumer.
5.After opening the products the User who is a Consumer shall not be entitled to withdraw from the agreement for the sale of products within the scope of the subscription or from the agreement for the sale of single products.
6.WINE BOX shall return to the User who is a Consumer the payment for the products sent back by the User who is a Consumer within 14 days counting from the date of delivery of the statement of the withdrawal to WINE BOX. WINE BOX may withhold the return of the payment received from the User who is a Consumer to the moment of receiving back the returned products or of the delivery, by the User who is a Consumer, of proof of sending the returned products back.
7.Exercising the right to withdraw from the agreement is also possible using the form which constitutes attachment no. 2 to the Polish Consumer Rights Act.

IX. Resigning from the subscription

1.The User may resign from the subscription from the moment of expiry of the deadline for withdrawing from the ordered subscription to the moment of the elapse of the validity of the subscription.
2.In order to resign from the subscription the User should send a message to the e-mail address of WINE BOX or use appropriate functions in the Account, if WINE BOX makes such functions available in the Account.
3.The resignation is effective in reference to all deliveries taking place after the nearest delivery which occurs after the moment when WINE BOX receives the information about the resignation i.e. the nearest delivery after receiving the information about the resignation shall be carried out.

X. Contacts and data

1.WINE BOX shall contact the User by sending a message to the e-mail address indicated in the Account or by phoning to the telephone number indicated in the Account.
2.The User may contact WINE BOX by sending a message to the following address: ekspert@winebox.com.pl or by phoning to the telephone number indicated at the WINE BOX Website.
3.The User data indicated during registration or later updated in the Account must be true and must not violate the rights of other persons.
4.WINE BOX reserves the right to the additional verification of User data, e.g. by telephone contact.
5.In case of the change of User data indicated during registration or indicated in the Account, the User must without delay update this data using appropriate functions in the Account, however not later than within 7 days. Until the moment of updating the data WINE BOX shall send messages to the User to the currently indicated e-mail address, shall phone to the current telephone number and shall deliver deliveries to the current delivery address.

XI. Complaints

1.The User may file complaints associated with the functioning of the WINE BOX Website, of the Account or associated with products or with the delivery and also complaints in another way associated with WINE BOX:
  1. to the address of WINE BOX, in writing, in accordance with the template available here, with the inscription: “COMPLAINT – WINE BOX”; or
  2. by sending an e-mail to the following e-mail address office@winebox.com.pl
2.The complaint should include the marking of the User filing the complaint and it should include a concise description of the event.
3.WINE BOX shall consider complaints within 14 days from receiving them. The response to a complaint shall be sent to the User's e-mail address. In more complicated cases, WINE BOX may contact the User in order to obtain an additional description of the problem.
4.The User has the possibility to use out-of-court methods of considering complaints, i.a. by filing by the User, after the finishing of the complaint procedure, of an application for initiating mediations or an application for the case to be considered by an arbitration court (the application may be downloaded at the following website: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at the following website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court pursuance of claims after the finishing of the complaint procedure is free of charge. In case of a User who is a consumer, who wants to use the out-of-court method of pursuance of claims, additionally there is a possibility to file a complaint using the ODR EU internet platform available at the following website: http://ec.europa.eu/consumers/odr/

XII. Blocking the account

1.WINE BOX may block a User Account if:
  1. it has justified grounds to deem that the payment card used by the User does not belong to him/her (that it has not been issued for him/her by a bank);
  2. it has justified grounds to deem that an unauthorised person is trying to use the User Account.
2.WINE BOX shall inform the User about blocking an account by sending an e-mail.
3.If the user does not agree for the blocking of the Account or wants to unblock it, he/she must send an e-mail to the e-mail address of WINE BOX. WINE BOX shall try to clarify the situation and restore the possibility to use the Account or shall instruct the User what he/she must do for such a possibility to be restored.
4.WINE BOX may also decide to unblock the account on its own.
5.Blocking a User Account in accordance with the Terms of Use does not result in the discontinuation or suspension of the course of the validity of the subscription.

XIII. Closing the account

1.The User may at any moment write an e-mail to the following address: office@winebox.com requesting the deletion of his/her own Account. WINE BOX commits to delete the Account within two working days from receiving the request. Such a request from the User results in the termination of the agreement for rendering electronic services, within the scope of which WINE BOX makes the Account available to the User. If in the moment of terminating the agreement for rendering electronic services, within the scope of which WINE BOX makes the Account available to the User, the User has a valid subscription then the termination of that agreement also means the resignation from the subscription within the meaning of the present Terms of Use, including the obligation to pay the fee mentioned in point VII of the Terms of Use.
2.WINE BOX may terminate the agreement for rendering electronic services, within the scope of which WINE BOX makes the Account available to the User. However, WINE BOX may only do this due to an important reason, understood only as one of the following reasons:
  1. if it turns out that the payment card used by the User does not belong to him/her (that it has not been issued for him/her by a bank);
  2. if the User uses or tries to use the WINE BOX Website to commit a crime;
  3. if the User is in default for 30 days with a payment to WINE BOX of an amount of at least 180 PLN, and despite receiving a reminder does not pay this whole amount within the subsequent 14 days from receiving the reminder;
  4. the User has not used the Account for at least 6 months before receiving the statement of termination and does not have a valid subscription in the moment of receiving the statement of termination;
  5. WINE BOX decides to close the WINE BOX Website (then all the Users shall receive agreement termination).
3.WINE BOX shall send the statement of termination to the User's e-mail address. The agreement shall cease to apply with the elapse of 14 days from the moment the User receives this statement. From that moment the User cannot use the Account.
4.The termination of the agreement for rendering electronic services, within the scope of which WINE BOX makes the Account available to the User, also means the cancellation of the subscription.

XIV. Amendments of terms of use

1.WINE BOX reserves the right to amend the Terms of Use due to at least one important reason understood by the parties as:
  1. the issuance of a judgment of a common court or the issuance of a decision, recommendation or of another act binding for WINE BOX by a public administration body, resulting in the necessity to make amendments to the Terms of Use,
  2. a change of the legal status resulting in the necessity to make amendments to the Terms of Use,
  3. introducing new products or services, whereas the amendment to the Terms of Use may refer only to the introduction of provisions or to the amendment to provisions associated with these products or services, using them shall not be obligatory for the User and not using them shall not be associated with costs for the User,
  4. the improvement, by WINE BOX, of existing functions, of products or of provided services in order to increase the level of security, to protect personal data or to improve the usefulness of the functions that are made available, of the products or services provided by WINE BOX, whereas the amendment to the Terms of Use may refer only to the introduction of provisions or to the amendment to provisions associated with these functions, products or services,
  5. resigning from some functions, products or services or the change of the existing functions, products or services provided by WINE BOX due to the inability to further provide a given service in the current form or to make a function available in the current form or to offer a product, caused by the withdrawal of a service, product or function from the offer of WINE BOX or by the cessation of the agreement between WINE BOX and an entity the services of which were used by WINE BOX while providing a given service or while making a given function available or while offering a product, whereas the amendment to the Terms of Use may refer only to the introduction of, removal of or amendment to provisions associated with these functions, products or services,
  6. the necessity to further specify the provisions of the Terms of Use or to introduce editorial amendments which will not have an unfavourable influence on the content of the rights and obligations of Users.
2.WINE BOX shall inform the Users about the amendment to the Terms of Use and about the date of entry into force of the amended Terms of Use by sending a relevant message to the e-mail addresses of Users.
3.Amendments to the Terms of Use are binding for the Users starting from the term defined by WINE BOX, not shorter than 14 calendar days from informing Users about the amendment. The notice period is one month. The termination shall be sent to the following address office@winebox.com.pl or in writing to the address of the registered office of WINE BOX. If the User does not terminate the agreement binding him/her with WINE BOX before the elapse of 14 days from the day on which the User is informed about the amendments, it is deemed that the User agrees for the amendments. As a result of the resignation from the subscription due to amendments to the Terms of Use, the User does not have to pay the fee defined in point VII.

XV. Final provisions

1.For matters not regulated herein, the Polish law shall be applied.
2.WINE BOX commits to deliver products without faults.
3.The User shall bear the costs of using means of remote communication, especially the telecommunication network, at his/her operator's rates.
4.If any of the points of the Terms of Use becomes invalid or ineffective due to any reasons, this shall not affect the validity and effectiveness of the remaining points of the Terms of Use.
5.The legal relationship between the User and WINE BOX shall be regulated by the Polish law. The court competent for settling any disputes shall be the court competent pursuant to the provisions of the Polish Code of Civil Procedure.
6.WINE BOX informs that:
  1. it does not use ethical codes nor a code of good practice,
  2. it does not require Users to pay any deposit and does not require providing other financial guarantees,
  3. it does not grant warranty and does not offer aftersales services.