General Provisions

1. 1. The online store available at the website address essence.beer is operated by a company operating under the name Essence Of… Sp. z o.o., with its registered office in Sosnowiec, registered in the National Court Register (KRS) under the number 0001068751, Tax Identification Number (NIP): NIP 6443578882, and National Business Registry Number (REGON): 526919552 (hereinafter referred to as the “Seller”).
   2. This Regulation defines the rules for using the Platform by Users, in particular, the rules for entering into sales agreements through its intermediation, the manner of their performance, and the procedure for handling complaints, thereby constituting the regulations for the provision of electronic services within the meaning of Article 8 of the Act of July 18, 2002, on the provision of services by electronic means.
   3. The place of concluding sales agreements is the brick-and-mortar store located at Braci Mieroszewskich, nr 59C in 41-219Sosnowiec, Poland. The online store is used solely as a communication channel. It does not constitute an additional point of sale or a place of business activity.
   4. Commercial information placed on the platform does not constitute an offer within the meaning of the provisions of the Civil Code.
   5. The partner co-responsible for the implementation of beer vouchers, holding a license for retail beer sales, is Food for Leisure Concepts based in the Netherlands, 2642DV Pijnacker, De Harnasch 19.

Section 2 Definitions

1. Seller – Essence Of… Spółka z ograniczoną odpowiedzialnością, with its registered office in Sosnowiec, registered in the National Court Register (KRS) under the number 0001068751, Tax Identification Number (NIP): NIP 6443578882, and National Business Registry Number (REGON): 526919552
2. Buyer – An adult natural person with full legal capacity, who has entered into or intends to enter into a Sales Agreement or Voucher Sales Agreement with the Seller, under the terms specified in this Regulation, as either a consumer or a legal entity or an organizational unit without legal personality but having legal capacity, which, according to applicable legal regulations, can make purchases of Goods. The Buyer may only be a person who has registered a user account on the Platform.
3. User – A natural person who is at least 18 years old and has full legal capacity, a legal entity, or an organizational unit without legal personality but capable of acquiring rights and assuming obligations on its own behalf, who has registered on the Platform by creating an account.
4. Platform – An online platform, operated in Polish and English, within which the Online Store is located for sales and other services, available at beer.
5. Brick-and-Mortar Store – A point of sale operated by the Seller in Braci Mieroszewskich, nr 59C in 41-219 Sosnowiec, Poland.
6. Online Store – A communication channel provided by the Seller for the purpose of selling Vouchers, which can then be exchanged for Goods offered by the Seller.
7. Partner – an entity cooperating with the Seller, where Vouchers are exchanged for Goods that are beer. This entity holds a license for retail beer sales. Such entities are: the Seller and another company, Food for Leisure Concepts based in the Netherlands, 2642DV Pijnacker, De Harnasch 19.
8. Goods – Products presented in the Online Store that can be purchased in exchange for Vouchers purchased from the Seller.
9. Voucher – A document entitling its holder to receive a specified Good.
10. Voucher Sales Agreement – Means the agreement for the sale of Vouchers offered by the Seller through the Platform.
11. Consumer – A buyer who is a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity.
12. Order – Means the Buyer’s declaration of intent submitted through the Platform, based on which the Buyer expresses a direct intention to conclude a Voucher Sales Agreement with the Seller, which is then exchanged for Goods offered by the Seller, in accordance with the provisions of this Regulation.
13. Shopping Cart – A component of the Platform’s software that allows the Buyer to select Vouchers offered by the Seller and enables the preview of the placed Order and its modifications.
14. Account – Identified by an individual name (login) and password, a set of resources in the Seller’s information system, where User data, including information about placed Orders, is stored.

Section 3 Rules for Using the Store

1. The rules and conditions for using the Platform by Users are specified in this Regulation.
2. The User’s use of services offered through the Platform is equivalent to accepting the Regulation.
3. The right to use services provided by the Seller through the Platform is granted to adults with full legal capacity, as well as legal entities and organizational units without legal personality, to which legal capacity is granted by law, provided they have familiarized themselves with and accepted the content of the Regulation.
4. The Seller provides services electronically, particularly involving the sale of Vouchers offered through the Platform.
5. To use the Platform, it is necessary to meet the following technical requirements: possession of a multimedia device with internet access, an internet browser, and an active email address.
6. The User is obliged to use the Platform in accordance with the law and the principles of social coexistence. It is especially prohibited for the User to introduce content of an unlawful nature, particularly content violating any rights of third parties, containing viruses, or capable of causing disruptions or damage to computer systems.
7. The User is specifically obligated to:
   1. Use the Platform in accordance with its purpose, the Regulation, and in a manner that does not disrupt its functioning.
   2. Use the Platform with respect for the rights of other Users and all other third parties.
8. Services available on the Platform are provided 24 hours a day, 7 days a week. The Seller reserves the right to introduce breaks, including technical breaks in the functioning of the Platform and individual User Accounts, at the Seller’s discretion, and Users are not entitled to any claims for this reason. To the extent possible, the Seller will inform about technical breaks and their duration through available means, especially by posting such information on the website.

Section 4 Agreement for the Provision of Electronic Services

1. 1. The agreement for the provision of services consisting of browsing information posted on the Platform is concluded for a specified period and terminates upon the user’s closure of the website.
   2. The agreement for the provision of services consisting of maintaining an Account in the Online Store is concluded for an unspecified period and terminates upon the User’s submission of a request to delete the Account or using the “Delete Account” button.

Section 5 Registration and Login

1. The User can create an Account by registering through the registration form. The registration process and the creation of an Account are entirely voluntary.
2. An integral part of the form is the User’s declaration of their legal age.
3. To complete the registration process, the User is required to accept the content of the Regulation, Privacy Policy, and give consent to the processing of personal data by the Seller. Additionally, the User needs to agree to receive electronic correspondence from the Seller regarding the functioning of the Platform, provided services, and the execution of agreements made through the Platform. Therefore, the User is obligated to select the statement regarding this matter.
4. During registration, the User may also, by selecting the relevant statement, consent to receiving electronic messages containing commercial information or newsletters from the Seller or its contractors to the provided email address.
5. During registration, the User provides:
   1. Information such as name, surname, email, phone, delivery address.
   2. Login and password, which will be used for logging into the Account. Each User has an individual login.
6. Upon completing the registration, an agreement for the provision of electronic services for the management of the Account is concluded for an unspecified period between the User and the Seller.
7. The User is obligated to keep their login and password for the individual Account confidential and not disclose them to any third parties.

Section 6 Placing Orders and Entering into Voucher Sales Agreements

1. An Order can only be placed by a User who has an active Account.
2. The subject of the Order is Vouchers offered by the Seller.
3. Each Voucher can be exchanged for Goods offered by the Seller or Partner, namely:
   1. one Beer offered by the Partner or by the Seller,
   2. one non-alcoholic beverage offered by the Seller.
4. When placing an Order, the Buyer specifies:
   1. The Goods for which they will exchange the Voucher.
   2. The delivery address, whereby a different delivery address can be selected for each Voucher.
   3. The quantity of Vouchers.
   4. Payment method.
5. Information provided in § 6 para. 4 points 1 and 2 can be changed, but no later than April 20, 2024.
6. The agreement is concluded between the Buyer and the Seller for an unspecified period from the moment the Seller confirms the receipt of the Order placed by the Buyer. Confirmation is sent via email.
7. The Buyer can purchase Vouchers in any quantity.
8. The Buyer can withdraw from the Voucher Sales Agreement within 14 days of placing the Order. After this period, the Buyer can only change the preference regarding the Goods to be delivered in exchange for the owned Voucher.
9. Vouchers will be delivered to Buyers in physical form. Voucher shipments occur by the 20th day of each month.
10. Ready Goods can be collected from April 20, 2023. The Buyer can collect them in person, through an authorized courier, or another authorized entity.
11. Orders can only be placed by adults.
12. Goods can only be collected in the Brick-and-Mortar Store during business hours. The Seller does not ship Goods.
13. In case the Buyer cannot personally collect the Goods from the Brick-and-Mortar Store:

1. They can authorize a courier company to perform this service. The Buyer can place an Order through the Platform. In this case, the Goods will be issued if the Buyer declared in the order form that they authorize the courier to collect the Goods on their behalf from the Brick-and-Mortar Store.
2. The Goods can be collected by a person authorized by the Buyer after providing the Order number and presenting an ID for age verification.

1. The possibility of receiving Goods in the form of beer through a courier ordered via the Platform is limited to situations where the delivery will take place within the territories of the European Union, the United Kingdom, the United States of America and Mexico.
2. The possibility of receiving Goods in the form of a beverage through a courier ordered via the Platform has no limitations.
3. If the Buyer orders the collection of Goods by a courier company, the Buyer agrees to cover all costs associated with this service.
4. The Seller will not release the Goods to a courier ordered by the Buyer without the Platform’s intermediation unless the courier provides services for the same courier company. This provision is introduced to ensure that the Goods are not ultimately delivered to a minor or an intoxicated person, and the courier company is obligated to verify these circumstances based on a cooperation agreement signed with the Seller.
5. In the case of ordering the collection of Goods by a courier company, the Buyer accepts that:

1. The courier representative will be authorized to identify the person receiving the Goods to confirm their legal age.
2. The courier will refuse to release the Goods if the person receiving them is found to be a minor or intoxicated.

1. The Buyer declares that, regardless of the chosen form of receipt, the acquired Goods will be collected by an adult person not in a state of intoxication.
2. Placing an Order obliges the Buyer to make payment.
3. The Sales Agreement for Goods between the Seller and the Buyer is concluded exclusively in the Brick-and-Mortar Store.
4. The Seller may cancel the Order if the Seller’s account is not recognized as having the amount due for the Order within 3 days from the date of its placement.

Section 7 Complaints Regarding Goods

1. Any complaints regarding Goods purchased in the Brick-and-Mortar Store can be submitted to the Seller: a) directly in the brick-and-mortar store, b) via email, c) to the Seller’s postal address.
2. The complaint should include, in particular, the buyer’s contact details, a description of identified irregularities, and a specification of how to bring the Goods into compliance with the agreement.
3. The Seller will take a position on the complaint within a period not exceeding 14 days from the date of its receipt and will provide the Buyer with a written response to the address specified by the Buyer.
4. In the case of non-compliance of the Goods with the agreement, according to the rules specified in articles 43a – 43g of the Act of May 30, 2014, on consumer rights, the Buyer may:
   1. Request an exchange,
   2. Request a repair,
   3. Request a price reduction,
   4. Withdraw from the agreement.
5. The complaint is processed according to the rules specified in articles 43a – 43g of the Act of May 30, 2014, on consumer rights.
6. In relation to Buyers who are not Consumers, the provisions regarding liability under the warranty are excluded.

Section 8 Complaints Regarding Services Provided Electronically

1. Any entity using services provided electronically through the Platform may file a complaint with the Seller regarding the provision of electronic services.
2. Complaints should be sent to the Seller’s email address: club@orderyoni.com
3. The complaint report should indicate the name of the complainant, a description of the encountered problem, and the email address appropriate for receiving a response.
4. The Seller promptly, but no later than within 14 days, examines the complaint and provides a response to the email address specified in the complaint report.

Section 9 Right of Withdrawal from the Sales Agreement

1. A Consumer or an entity as referred to in § 10, who has entered into a distance agreement, may withdraw from it without giving any reason by submitting a relevant statement within 14 days. Sending the withdrawal statement provided by the Seller is sufficient to meet this deadline. The 14-day period starts from the day the Voucher Sales Agreement is concluded.
2. In the event of withdrawal from the agreement, the Voucher Sales Agreement is considered not concluded.
3. In the case of withdrawal from the Voucher Sales Agreement, the Voucher will not be sent to the Buyer, and if it has already been sent, the Buyer is obliged to return it. From the moment of submitting the statement of withdrawal from the Voucher Sales Agreement, the Voucher does not entitle its holder to any exchange for Goods offered by the Seller.
4. Subject to paragraphs 5 and 7 of this section, the Seller will refund the value of the Voucher along with its delivery costs using the same payment method that the Consumer used, unless the Consumer or the entity referred to in § 10 of the Regulations has expressly agreed to a different method of refund that does not involve any costs for them. Subject to paragraph 6 of this section, the refund will be made promptly, and no later than within 14 days from the moment the Seller receives the statement of withdrawal from the Voucher Sales Agreement.
5. If the Consumer or the entity referred to in § 10 of the Regulations has chosen a method of delivering the Voucher other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to refund them any additional costs incurred.
6. If the Seller has not offered to collect the Voucher from the Consumer or the entity referred to in § 10 of the Regulations, they may withhold the refund of payments received from the Consumer until the Voucher is returned or until the Consumer or the entity referred to in § 10 of the Regulations provides evidence of its return, depending on which event occurs first.
7. The Consumer or the entity referred to in § 10 of the Regulations, withdrawing from the Voucher Sales Agreement in accordance with paragraph 1 of this section, bears only the cost of returning the Voucher to the Seller.

Section 10 Provisions regarding Entrepreneurs on Consumer Terms

1. An entrepreneur conducting a sole proprietorship (this section does not apply to commercial partnerships) is covered by the protection provided by the Consumer Rights Act, provided that the agreement concluded with the Seller is directly related to their business activity. However, it results from the content of this agreement that it does not have a professional character for them, arising in particular from the subject matter of their business activity.
2. An individual conducting business activity, as referred to in paragraph 1 of this section, is covered by protection only in the following scope:
   1. Unfair contract terms,
   2. Liability for non-compliance of goods with the agreement,
   3. Right of withdrawal from a distance agreement,
   4. Principles concerning an agreement for supplying digital content or a digital service.

The entrepreneur referred to in paragraph 1 of this section loses consumer protection rights if the Voucher Sales Agreement they concluded with the Seller has a professional character, which is verified based on the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland, especially the codes of the Polish Classification of Activities indicated there.

Section 11 Dispute Resolution

1. Any disputes arising from Sales Agreements between the Seller and Consumers will be resolved primarily through negotiations, with the intention of amicably settling the dispute, taking into account the Out-of-Court Dispute Resolution Act. However, if this is not possible or satisfactory for either party, disputes will be resolved by the competent common court.
2. Judicial resolution of disputes between the Seller and the Buyer who is not a Consumer or an entity referred to in Section 10 of the Regulations will be subject to the court having jurisdiction over the Seller’s registered office.
3. A Consumer who is a Buyer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after completing the complaint procedure, an application for mediation or a request for the case to be considered by an arbitration court (the application can be downloaded here: link). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: link. The Consumer can also use the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
4. In order to amicably resolve a dispute, the Consumer can, in particular, submit a complaint through the Online Dispute Resolution (ODR) platform, available at: link.

Section 12 Final Provisions

1. The Polish law applies to matters regulated in this Regulation. In the case of an agreement concluded with a natural person for purposes not related to their business or professional activity, the choice of law cannot violate the provisions mandatory in the country where this person has their habitual residence. In such a case, the above-mentioned provisions take precedence over the Regulation.
2. Matters not regulated in this Regulation are governed by the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and other relevant provisions of Polish law.
3. On the occasion of promotions or other marketing activities, the Seller may grant Buyers special rights not arising from this Regulation (e.g., free delivery, extension of the withdrawal period from the Sales Agreement).
4. Rights to the Platform and the content posted on it belong to the Seller or third parties. If these rights belong to third parties, the Seller, by publishing content on the Platform, acts on the basis of relevant agreements on this matter or based on universally applicable laws.
5. Using the Platform and the content posted on it does not involve the User acquiring any rights or licenses. The User may use the Platform for personal use only. Using the Platform and the content posted on it in any other scope is permissible only after obtaining the Seller’s prior consent.
6. The content of this Regulation can be changed only for a valid reason. Valid reasons include:
   1. The necessity to adapt the Regulation to the universally applicable provisions of the law and decisions, rulings, resolutions, guidelines, interpretations, recommendations, or orders of public authorities.
   2. Change of the company, legal form, identification numbers, address, or contact details.
   3. Change in the scope and type of services/sold Goods, including, in particular, the introduction of new services provided electronically/new Goods or changes in the scope of existing functionalities of the Platform, including the Online Store, as well as the withdrawal of certain functionalities.
   4. Change in the process of concluding Sales Agreements.
   5. Change in the method, terms, and costs of delivery/payment/returns/complaints.
   6. Change in the technical conditions of providing electronic services.
   7. The need to introduce additional or change existing security measures and prevent abuses of the law.
   8. Changes in business processes and business concepts.
   9. Editorial changes aimed at facilitating the clarity of the text, eliminating ambiguities, and correcting typographical errors that might appear in the Regulation.
7. The amended Regulation will be made available on the Platform in the “Regulations” tab in a way that allows it to be downloaded as a PDF file, saved, and printed. The Seller will notify Users of the change in the Regulation by posting the appropriate message on the main page of the Platform. Users with active accounts will also be informed of the change in the Regulation by sending relevant information to the email address assigned to their account.
8. The User is bound by the amended Regulation unless they terminate the agreement concluded with the Seller for the provision of electronic services within 14 days from the date of notification of the change in the Regulation.
9. The Regulation in the amended version comes into force on the 15th day from the date of notification of the change in the Regulation, unless the amended Regulation provides for a later entry into force of the change.
10. The provisions of the Regulation that was in force at the time of concluding the Sales Agreements apply to the Sales Agreements.