SITE REGULATIONS

§1

General provisions

§2

Rules of store use

  1. The Website is available on the website at www.oxyma.eu and is operated by OXYMA Sp. z o.o. with its registered seat in Krakow, Plac Wolnica 13/10, 31-060, KRS 0000872425, NIP: 6762589164, hereinafter referred to as the "Website".

  2. These Terms and Conditions define the rules for the use of the Website by the Clients, in particular the rules of concluding contracts for food delivery to closed events via the Website, the performance of these contracts and the conduct of complaint proceedings. 

  3. The Supplier holds a valid permit for the sale of alcoholic beverages, containing more than 18% alcohol, as part of its activity consisting in supplying food for closed events organized at the time and place designated by the client, based on a contract concluded with him. Permit number IV/18/C/11/2022 issued for the period from 2022/06/01 to 2022/12/31 by the Mayor of Krakow.

  4. Alcoholic beverages offered through the Website, are delivered only to closed events organized by the customer at the time and place designated by him, as specified in the contract of sale of products.

  5. Orders through the Website may be placed only by persons who are at least 18 years old.

  6. Whenever the following terms are used in these Terms and Conditions, they shall be understood as follows:

  7.  

  8. Personal Data Administrator - Operator of the Website OXYMA Sp. z o.o. with its registered office in Kraków, Plac Wolnica 13/10, 31-060, KRS 0000872425, NIP: 6762589164.

  9. Lead time - the number of business days needed for the Operator to complete an order placed by the Customer on the Site and its delivery via a postal operator or courier service to the address specified by the Customer in the Order;

  10. Working days - days of the week from Monday to Friday, excluding all the days that are designated as public holidays by separate legislation;

  11. Consumer - Customer who is a natural person, performing a legal action with the Operator, not directly related to his/her (Consumer) business or professional activities;

  12. Account - a functionality of the Website allowing the purchase of goods, access to the history of orders placed via the Website, preview of the completion of orders placed via the Website, access to the data provided during registration with the possibility to modify them in accordance with these Terms of Use

  13. Customer - a natural person over 18 years of age, a legal person or an organizational unit without legal personality, who uses the Website, and in particular makes purchases on the Website in accordance with these Terms of Use

  14. Operator/Supplier - the Operator of the Website and Supplier of food for closed events, OXYMA Sp. z o.o. with the registered office in Kraków, Plac Wolnica 13/10, 31-060, KRS0000872425, NIP: 6762589164, e-mail: alkohole@oxyma.eu

  15. Terms of Use - these Terms of Use of the Website, available on the website https://oxyma.eu/regulation and at the Operator's registered office;

  16. Website - the website located at https://oxyma.eu/

  17. Order - a declaration of will expressed by the Customer via the Website, which is tantamount to submitting an offer to conclude an agreement of sale of the products subject to the order (included in the offer available on the Website at the time of placing the Order), specifying their type, quantity, personal details of the Customer, method of payment and manner and place of delivery of the products, and in the case of products that are alcoholic beverages, also the time and place of the organized closed event.

The Operator provides the following services electronically:

 

- providing the opportunity for the Client and Customer to create an account on the Website, allowing them to make purchases of products and use other services offered on the Website;

- Allowing the individual Customer to make purchases of products on the Website without registering an individual account;

 

Registration of an Account on the Website is voluntary and free of charge.

 

The agreement for provision of services for creation and maintenance of an individual account on the Website is concluded when the Customer completes the registration form available at https://oxyma.eu/account, accepts the Terms of Use and agrees to have his or her personal data processed by the Operator, and confirms his or her will to create an individual account on the Website by clicking the Create Account icon.

Before registering an individual account on the Website, the Client shall read these Terms of Use and the Privacy Policy carefully.  

After registering an individual account on the Website, the Client may log in to the Website using the e-mail address and password indicated during registration, if the Client does not remember the password, he/she may use the password reminder by providing the e-mail address which he/she provided during account registration.

The Customer may delete his/her account on the Website at any time and without stating reasons. Deletion of the account results in termination of the agreement for provision of services for making an individual account available to the Client on the Website.

In order to delete an individual account on the Website, a request for removal of the account must be sent to the Operator via e-mail to the address: alkohole@oxyma.eu or in writing to the postal address of the Operator.

The following minimum technical requirements must be met in order to use the services offered in the Electronic Shop and to browse the contents of the Website, place orders and use an individual account in the Website:

Possession of a multimedia device with access to the Internet;

Possession of a web browser with up-to-date Flash and Java plug-ins and deactivated content blocking programs, e.g. AdBlock:

Mozilla Firefox

Opera

Google Chrome

Internet Explorer

Having an active e-mail account;

The Customer undertakes to:

use the Site in a manner that does not violate the law or the provisions of these Regulations;

Use the Site in a manner that does not violate the rights of third parties, morality, or the rules of social coexistence

use the Site in a manner that does not violate the law or these Terms of Use

exercise due diligence in defining the password and login on the Website and maintain their confidentiality.

The Operator may terminate the agreement for provision of individual account on the Website with 14 days' notice in case of breach of the rules referred to in act 9 above.

The termination of the agreement for maintaining an individual account on the Website shall be sent to the Client at the e-mail address specified on the Website. 

The Operator shall not be liable for the consequences of making the login data available to third parties on the Website.

§3

Placing orders and concluding delivery contracts

§4

Product prices

Before placing an order for a product available on the Website, the Customer is required to read these Terms and Conditions carefully. When confirming an order on the Website, the Customer simultaneously submits a statement that he or she has read and accepted the provisions of these Terms and Conditions, and that he or she allows the Operator to process his or her personal data in order to complete the order.

Provision of electronic services by the Operator to enable Customers to place orders for products available on the Website through the Website is free of charge and of a one-time nature. The service is terminated immediately after the fulfillment of the order by the Operator.

Orders for products available on the Website may be placed 24 hours a day, 7 days a week, throughout the year, except during technical and maintenance breaks. Orders placed on holidays will be processed on the first working day counting from the day on which the order was placed.

The Operator accepts orders via the Website in such a way that the Customer browsing the Website, after selecting a product and accepting its price, automatically adds it to the order form available in the Basket tab after switching it on or pressing the Basket button.

After accepting the products in the order form, specifying their number, choosing a form of payment and a method of delivery of the products and finally accepting the total price of all products, the Customer may place an order by pressing the Order button and providing his or her data necessary for the delivery of the purchased product.

Confirmation of the Order by the Customer is equivalent to making a statement that the Customer takes responsibility for the receipt of the purchased Goods by an adult person.

The order form shall indicate the Customer's name, surname, telephone number and e-mail address, address details of the place of delivery of the Order. In case of ordering alcoholic beverages for a closed event, it is necessary to additionally indicate the time and place of the said closed event.

After placing an order, the Customer shall receive, via e-mail, at the address indicated in the order form, a confirmation of order acceptance. In this confirmation a list of ordered products will be sent along with their unit prices, total price, shipping costs and the method and expected time of delivery.

The basic condition for the realization of an order is correct completion of the order form by the Customer. In the case of ambiguity concerning the data provided by the Customer, the Operator may suspend the execution of the contract of which immediately inform the Customer.

All prices on the Site are in Polish zloty and include VAT at the prevailing rate.

The shipping cost is added to the total price of the products ordered on the Site, depending on the selected method of delivery and method of payment.

The price specified for each product on the Website is binding at the time of ordering by the Customer.

The Operator reserves the right to change prices of products on the Website, introduce new products and conduct promotional campaigns and discounts.

Changes of prices of products on the Website, as referred to in act 4 above, shall not affect prices of products in orders placed before the effective date of price change, promotional or sale conditions.

§5

Payment methods

Payments for ordered products can be made as follows:

Cashless before the collection of the ordered product, by:

direct transfer to the operator's account,

Przelewy24

A detailed list of all payment options for ordered products and all associated costs is available on the Website's website in the "delivery" tab at https://oxyma.eu/delivery.

§6

Product delivery terms

Ordered products are delivered to the address specified in the contract in Poland, in accordance with the wishes of the Customer expressed in the order form.

The cost of delivery of the ordered products shall be borne by the customer, who will be informed about this fact when accepting the order.

The cost of delivery of the products and the total lead time depend on the form of delivery chosen by the Customer.

The Customer will be clearly informed about the delivery costs before placing the Order, in the order form on the Site, after choosing the form of delivery.

Each product shipped is accompanied by proof of purchase and information about the right to withdraw from the contract, together with a sample Return Form to facilitate withdrawal from the contract and information about the possibility of a complaint, together with a sample Claim Form. Sample forms are only examples and are not binding for the Customer.

Customer agrees to receive VAT invoice without signature.

Operator recommends that the Customer before receiving mail or courier to check whether the packaging is not damaged in transit. In the case of visible damage, the Customer should not accept the package and in the presence of an employee of the post office or courier, prepare a damage protocol and immediately contact the Operator.

The operator stipulates that the ordered alcoholic beverages will not be issued to persons intoxicated or underage. In case of refusal to release the products for these reasons, the operator will immediately declare the withdrawal from the contract and return to the customer paid money, minus the cost of delivery. Courier is entitled to check the age of the person receiving the product.

§7

Complaints

§8

Right of withdrawal

Operator declares that the products on the Website are brand new, original and meet the conditions specified in the specification of each product.

The Operator is obliged to provide the Customer with ordered products without any physical or legal defects and bears full responsibility in case of such defects, according to the provisions of the Civil Code.

Complaints about defects in products can be submitted to the Operator, directly at its headquarters, via e-mail or in writing to the postal address of the Operator.

It is advisable to submit a complaint should include, in particular: the name and surname of the Client, mailing address to which a reply to the complaint is to be sent, e-mail address, order number, if the Client wishes to receive a reply by e-mail, the date of purchase of the product, the type of product advertised, a detailed description of the defect and the date on which it was found, the Client's request and an indication of the Client's preferred method of responding to the complaint.

The Operator provides the Customer with a sample Complaint Form, available on the Website at https://oxyma.eu/regulation, which is only an example and is not binding on the Customer. The Customer does not have to be guided by this template or use it.

In the case of receipt of a defective product, the Customer is entitled to demand reduction in price or withdrawal from the agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective product for one free of defects or removes the defect.

Details of the complaint procedure are specified in the Complaints and Returns tab on the Website at https://oxyma.eu/regulation. The Operator shall respond to the complaint immediately, but no later than within 14 days of receipt of the complaint from the Customer.

In case of any deficiencies in the complaint, the Operator will ask the Customer to complete them in accordance with the address indicated in the complaint.

Pursuant to Article 27 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827), the Consumer has the right to withdraw from the contract that he concluded remotely within 14 days, without giving reasons and incurring costs except for the costs specified in Article 33, Article 34(2) and Article 35 of the said Act.

The 14-day period referred to in paragraph 1 shall be counted from the date of delivery of the Product or, in the case of a contract for the provision of services, from the date of its conclusion.

The right to withdraw from the remote contract referred to in paragraph 1 above, shall not be entitled to the Consumer in relation to the speech in which the subject of the provision are sound or visual recordings or computer programs delivered in a closed package, if the package was opened after delivery.

Statement of withdrawal from the contract should be submitted to the Operator, directly at its headquarters, by e-mail or in writing to the postal address of the Operator

In the case of withdrawal from the contract, the Consumer is obliged to return to the Operator the product together with the components, which he received free of charge, immediately but no later than within 14 days from the date when he informed the Operator about the withdrawal from the contract. To meet the deadline it is sufficient if the Consumer sends the goods before the expiry of the 14-day period to the address of the Operator.

The Consumer is obliged to bear the direct costs of returning the goods.

In the case of withdrawal from the contract the Operator shall immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments received from him, including the costs of delivery, except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest standard delivery offered by the Operator.

Reimbursement of payments to the Consumer will be made by the Operator using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to another way of reimbursement. In any case, the Consumer will not incur additional costs associated with this return.

Operator may withhold the reimbursement of payments received from the Consumer until receipt of goods back or until the Consumer provides evidence of having sent back the goods, whichever event occurs first.

The Consumer shall be liable for any diminution in the value of the item resulting from the use of the item in a manner other than that which was necessary to establish the nature, characteristics and functionality of the item.

Details of the procedure in the case of withdrawal from the contract by the Consumer, are specified in the Complaints and Returns tab on the Website at https://oxyma.eu/regulation.

The Operator provides the Customer with a sample withdrawal form, available on the Website at https://oxyma.eu/regulation, which is only an example and is not binding on the Customer. The Customer does not have to be guided by this template or use it.

§9

Out-of-court complaint and redress procedures

§10

Product exchange

Detailed information about the possibility of using out-of-court complaint and claim procedures by the Customer who is a consumer, as well as the rules of access to those procedures are available in the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following 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

http://www.uokik.gov.pl/wazne_adresy.php

A customer who is a consumer has the following examples of out-of-court complaint and redress procedures:

The Customer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended) with a request to resolve a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent arbitration courts for consumers are set forth in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent arbitration courts for consumers. (Journal of Laws 2001, No. 113, item 1214).

The Customer is entitled to apply to the regional inspector of the Trade Inspection pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No 4 item 25 as amended) to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Supplier. Information about the rules and procedures of mediation conducted by provincial inspectorates of trade inspection is available in their headquarters and on their websites.

The Customer may obtain free assistance in resolving a dispute between the Customer and the Supplier, also using the free assistance of a county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Polish Consumer Association). Advice is provided by the Federation of Consumers at the toll-free Consumer Helpline number 800 007 707, and by the Polish Consumers' Association at the e-mail address porady@dlakonsumentow.pl.

Each Customer has the right to exchange any product purchased on the Site, without giving any reason, for any other product available on the Site within 14 days of its receipt (subject to the provisions of paragraph 2).

Sound or visual recordings or computer programs delivered in closed packaging when the packaging has been opened after delivery are not subject to replacement.

The declaration of the will to exchange the product should be submitted to the Operator, directly at its headquarters, via e-mail or in writing to the postal address of the Operator.

In order for the exchange of the product to be accepted by the Operator, the exchanged product must be sent back to the Operator together with the components it received free of charge, immediately, but no later than within 14 days from the day on which it informed the Operator about the will to exercise the right to exchange the product.

Details of the procedure in the case of a desire to exchange the product are specified in the Complaints and Returns tab on the Website's website at https://oxyma.eu/regulation.

§11

Out-of-court complaint and redress procedures

§12

Final provisions

Personal data provided by the Customer during the registration or ordering of products are processed by the Operator, who is the administrator of personal data.

A necessary element for registration or ordering products is the provision by the Customer of personal data marked as mandatory and consent to the processing of personal data provided during registration or ordering. Providing personal data that has been marked as obligatory is voluntary but necessary for the purpose of registration or placing an order for a product. Providing personal data that has not been marked as obligatory is completely voluntary.

The consent for the processing of personal data is given by the Customer by ticking the appropriate box during the registration procedure or order placement.

Gathered personal data shall not be disclosed to third parties, with the exception of transferring the data to entities participating in the execution of the order for the purpose of delivering the ordered products to the Customer, mentioned in §6 item 1. If the payment for the ordered product is made by the Customer in advance, his/her data shall also be transferred to the entity through which the transaction is settled. The amount and type of transmitted data is limited to the necessary minimum. 

The Customer has an unlimited right to access and correct his/her personal data, as well as to obtain full information on whether and to what extent his/her personal data are processed, and information on the purpose and scope of processing his/her personal data. For this purpose, he should contact the Operator directly at its headquarters or by mail.

The Operator as the personal data controller may entrust another entity, by means of a written agreement, with the processing of personal data in accordance with Article 31 of the Personal Data Protection Act of 27 August 1997.

Detailed rules on personal data protection and privacy policy on the Website are available in the Privacy Policy document, available at https://oxyma.eu/policy.

These Terms of Use are publicly available documents, published on the Website's website in the Terms of Use tab at https://oxyma.eu/regulation in a form that allows the acquisition, reproduction and recording of its content by means of an ICT system used by the Client, as well as made available free of charge in printed form at the Operator's registered office.

Information and price lists provided on the Website, relating to products presented on the Website, do not constitute an offer within the meaning of the Civil Code Act of 23 April 1964 (consolidated text, Journal of Laws of 2014, item 121 as amended).

Contracts concluded on the Website are concluded in the Polish language.

Recording, securing and making available the content of the agreement concluded via the Website shall be done by sending the content of the concluded agreement to the Customer's email address provided within the transaction performed on the Website.

The Operator reserves the right to make changes to these Terms of Use according to the following rules:

Information about any changes to the Terms and Conditions will be published on the Website together with the new consolidated text of the Terms and Conditions and a summary of the latest changes to the Terms and Conditions.

Each Client who has registered with the Website will also be informed about the content of amendments to the Terms of Use by e-mail sent to the address indicated in the registration form.

The information about changes to the Terms and Conditions will take place no later than 14 calendar days before the changes to the Terms and Conditions come into force.

The amended Regulations shall be binding upon the Customer who has registered on the Website, unless the Customer submits a statement on termination of the agreement for provision of services on the Website within 14 calendar days from the date of receipt of information on amendment of the Regulations.

In the case of amendments to these Terms of Use, all agreements concluded prior to the effective date of the amendment to the Terms of Use will be performed in accordance with the Terms of Use in force as of the date of conclusion of the agreement.

In matters not covered by these Terms and Conditions, and to the extent to which these Terms and Conditions conflict with mandatory provisions of law, the provisions of Polish law shall apply.