TERMS AND CONDITIONS OF THE ONLINE STORE:

www.good- spirits.com

1. Definitions The terms used in these Terms and Conditions shall mean:
    1. Business Day – a day from Monday to Friday, excluding public holidays.
    2. Registration Form – a form available on www.good-spirits.com that allows the creation of an individual Account.
    3. Order Form – a form available on www.good-spirits.com that allows the placement of an Order and conclusion of a Sales Agreement.
    4. Client/Service Recipient – a natural person, legal person or organizational unit without legal personality, to which the law grants legal capacity, who places or has placed an Order in the Store.
    5. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
    6. Consumer – a Client who is a natural person and meets the criteria defined in Article 22[1] of the Civil Code. According to this definition, a Consumer is a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
    7. Account – an Electronic Service provided by the Service Provider, secured with a login (email address) and a password provided by the Service Recipient; it is a collection of data in the IT system, allowing the Client to collect and access data entered by them, information about their Orders, and order status.
    8. Newsletter – an Electronic Service provided by the Service Provider that consists of sending information about products, services, promotions, and the Service Provider’s activity to the email address provided by the Service Recipient.
    9. Terms and Conditions – these Terms and Conditions for the provision of electronic services within the online store www.good-spirits.com.
    10. Entrepreneur – an entity entering into a contract with the Seller as part of its business activity.
    11. Entrepreneur with Consumer Rights – a natural person entering into a contract directly related to their business activity, where the nature of the contract indicates that it is not of a professional character, in particular based on the scope of the business activity published in the Central Register and Information on Economic Activity (CEIDG).
    12. Online Store (Store) – the website available at www.good-spirits.com, through which the Client may place Orders.
    13. Goods – the products presented in the Store.
    14. Seller/Service Provider – the limited liability company: Good Spirits Co. Spółka z ograniczoną odpowiedzialnością, ul. Kormorana 10, 11-034 Tomaszkowo, NIP: 7393990812.
    15. Sales Agreement – a sales agreement for the Goods within the meaning of the Civil Code, concluded between the entity operating the online store and the Client, via the Store’s website.
    16. Electronic Service – a service provided electronically by the Service Provider within the meaning of the Act of July 18, 2002, on providing services by electronic means, available at www.good-spirits.com.
    17. Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827).
    18. Act on Providing Services by Electronic Means – the Act of July 18, 2002, on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended).
    19. Order – the Client’s declaration of intent aimed directly at concluding a Sales Agreement between the Seller and the Client, specifying in particular the type and quantity of Goods.
2. General Provisions
    1. These Terms and Conditions define the rules for using the online store available at: www.good-spirits.com
    2. The Store is operated by the company: Good Spirits Co. Spółka z ograniczoną odpowiedzialnością, ul. Kormorana 10, 11-034 Tomaszkowo, NIP: 7393990812.
    3. These Terms and Conditions specify in particular:
      • the rules for registering and using an account within the Store
      • the terms and conditions for making electronic reservations of products available in the online store; the terms and conditions for placing Orders electronically via the Store
      • the rules for concluding Sales Agreements using the services provided within the Store.
    4. In accordance with applicable law, the Store operator reserves the right to limit the provision of services through the online Store to persons over the age of 18. In such a case, potential Clients will be informed accordingly.
    5. Clients may access these Terms and Conditions at any time via a link provided on the homepage of the website https://good-spirits.com/regulamin and may save or print its content.
3. Electronic Services
    1. Through the website www.good-spirits.com, the Service Provider offers free Electronic Services such as access to website content, including texts and multimedia, Account, and Newsletter.
    2. The Service Recipient is obliged to use the Store and Electronic Services in accordance with the law, good practices, and the Terms and Conditions, in particular:
      • it is forbidden for the Service Recipient to engage in activities that could negatively impact the functioning of the online store or Electronic Services, destabilize their operation, or use them in a way inconsistent with their intended purpose, such as using software that disrupts the operation of the online store or Electronic Services, or sending or posting unsolicited commercial information via the Store
      • not to provide unlawful content or content that violates the Terms and Conditions, such as defamatory content, content infringing personal rights or other rights of third parties
      • respect the rights of the Service Provider and third parties, particularly copyrights and intellectual property rights
    3. To use the Electronic Services and the Store, including browsing the assortment, it is necessary to have an electronic device (i.e., computer, tablet, phone, etc.) with Internet access and an up-to-date web browser (i.e., Firefox, Chrome, Edge, Opera, Safari).
    4. Some functionalities of the online Store and Electronic Services may also require an active email account.
    5. Access to the website www.good-spirits.com and the Electronic Services is free of charge.
    6. The agreement for the provision of Electronic Services is concluded when the Service Recipient starts using the website www.good-spirits.com or uses specific Electronic Services such as registering an Account, subscribing to the Newsletter, or using the Order Form. The agreement for the provision of Account and Newsletter services is concluded for an indefinite period.
    7. To use the Account Electronic Service, you must fill in the Registration Form with the required data, set a password, and accept the Terms and Conditions. The Service Recipient is obliged to keep the password confidential and protect it from third-party access. Only one Account can be associated with a single email address. The Account allows the user to enter and update delivery address data, view order history, and check the status of current Orders.
    8. To use the Newsletter Electronic Service, you must provide an email address and consent to receive the Newsletter from the Service Provider at the provided email address.
    9. The agreement for providing access to the website content is terminated without any additional statements from either the Service Provider or the Service Recipient upon leaving the website by the Service Recipient.
    10. The User may at any time opt out of the Electronic Services and delete the Account or unsubscribe from the Newsletter by sending a request to info@good-spirits.com. Deleting the account or unsubscribing from the Newsletter is equivalent to terminating the agreement for the provision of Electronic Services by the User.
    11. Due to the immediate start of providing Electronic Services with the consent of the Service Recipient, the Service Recipient is not entitled to withdraw from the agreement for the provision of this service, pursuant to Article 38(13) of the Consumer Rights Act. However, the Service Recipient may stop using the Electronic Service at any time.
    12. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect for valid reasons, particularly due to the Service Recipient providing unlawful or offensive content, violating these Terms and Conditions, good practices, or social coexistence rules, using the Store for purposes inconsistent with its intended use or against the law, or if the Service Provider receives reliable information that the Service Recipient’s behavior may pose a threat to other users or individuals.
    13. In the case of Service Recipients who are Entrepreneurs, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without providing reasons by sending the Entrepreneur an appropriate statement in any form.
    14. All questions or complaints regarding the functioning of Electronic Services may be submitted to the Service Provider by email at info@good-spirits.com or in writing to the Service Provider’s address.
    15. The Service Provider is obliged to respond to the complaint within 14 days from the date of its receipt. The response will be sent to the address provided by the Service Recipient.
    16. The Service Recipient declares that the data provided in the Registration Form and Order Form is true and does not infringe the rights of third parties. When creating an Account, the Service Recipient agrees to keep the data up to date.
    17. The use of Electronic Services and the Internet, even with security systems in place to protect against unauthorized interference by third parties, may involve specific risks, including in particular:
      • malicious software – applications or scripts with harmful, criminal, or malicious actions such as viruses, worms, trojans, and others
      • programs tracking user activity online, collecting user information, and sending it to the program’s author
      • phishing – the fraudulent attempt to obtain confidential information by impersonating a trustworthy person or institution
      • spyware
      • spam
      • hacking into the IT system using hacker tools
    18. To avoid the above threats, electronic devices used to connect to the Internet should be equipped with antivirus software.
    19. Protection against the above-mentioned threats can also be supported by:
      • firewalls
      • regular software updates
      • reading licensing and installation information for programs
      • regular system scanning with antivirus software
      • data transmission encryption
      • not opening emails from unknown sources
      • using legal programs and applications
      • installing preventive programs for detecting and preventing intrusions
4. Procedure for Concluding a Sales Agreement
    1. The information about the Products provided on the Store’s website, in particular their descriptions, technical and usage parameters, and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
    2. To conclude a Sales Agreement via the online Store, you must visit www.good-spirits.com, select a product and its specifications, and follow the subsequent technical steps based on the messages and information displayed on the website.
    3. The selection of the Products ordered by the Customer is made by adding them to the shopping cart.
    4. Placing an Order is possible either after logging into an Account or without having an Account.
    5. During the Order process – until clicking the “Order and pay” button – the Customer may modify the entered data and the selected Product. To do so, follow the displayed instructions and information on the website.
    6. Once the Customer has provided all the required information, a summary of the Order will be displayed. The Order summary will include:
      • the subject of the Order,
      • unit and total price of the ordered products or services, including delivery and additional costs (if applicable),
      • selected payment method,
      • selected delivery method,
      • delivery time.
    7. To place an Order, it is necessary to provide the required personal data marked as mandatory and click the “Order with obligation to pay” button.
    8. Placing an Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement with the Seller in accordance with the Terms and Conditions.
    9. Under the Sales Agreement, the Seller undertakes to transfer ownership of the Product to the Customer and deliver the Product to the Customer, and the Customer undertakes to pay the Seller the Product price and to collect the Product.
    10. Within 24 hours of receiving the Order, the Seller will send the Buyer an Order confirmation to the email address provided during the Order process. This confirmation constitutes the Seller’s declaration of acceptance of the Order. Upon receiving the Order confirmation, the Sales Agreement is concluded.
    11. The Agreement is concluded in the Polish language. The Order data and Terms and Conditions are recorded, secured, and made available via email.
    12. The Seller may change Product prices, introduce new Products to the Store’s offer, and carry out promotional campaigns. Price changes made by the Seller do not affect Orders placed before the price change came into effect.
    13. Orders can be placed 24 hours a day, 7 days a week.
    14. Execution of Orders paid via a payment intermediary takes place immediately after the conclusion of the Sales Agreement and upon booking the Customer’s payment in the Seller’s or intermediary’s account. If online payment is selected and payment is not made within 12 hours of concluding the Sales Agreement, the Order is considered canceled, and if the Seller has already confirmed the Order, the Sales Agreement is terminated. If payment by bank transfer is selected and the payment is not recorded in the Seller’s account within 3 business days of concluding the Sales Agreement, the Order is considered canceled, and if the Seller has confirmed the Order, the Sales Agreement is terminated.
    15. Execution of an Order with cash on delivery selected takes place immediately after concluding the Sales Agreement.
    16. If the Customer is a Consumer or an Entrepreneur with consumer rights, the Product should be delivered promptly, no later than within 30 days from the date of concluding the Sales Agreement.
    17. The Seller issues and sends invoices to Customers in electronic form. By accepting the Terms and Conditions, the Customer agrees to receive invoices in electronic form at the provided email address. The Customer may opt out of receiving electronic invoices by sending a declaration of resignation to info@good-spirits.com. In this case, invoices will be sent in paper form to the address provided in the Account or during the ordering process.
    18. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer or an Entrepreneur with consumer rights within 14 days from the date of conclusion. In such a case, the Seller may withdraw from the Sales Agreement without stating a reason, and the Customer who is not a Consumer or Entrepreneur with consumer rights shall not have any claims against the Seller.
5. Delivery
    1. The delivery of the Product is limited to the territory of the Republic of Poland and is made to the address provided by the Customer during the Order placement.
    2. The delivery of the Product is subject to a fee, unless otherwise stated in the Sales Agreement.
    3. The delivery of the ordered Products is carried out via intermediaries listed at: www.good-spirits.com The delivery costs will be indicated at the time of placing the Order.
    4. The delivery time is between 2 to 5 business days, counting from the date the Order is placed by the Customer.
6. Prices and Payment Methods
    1. The prices of the Products are given in Polish zloty (PLN) and include all components, including VAT.
    2. The Customer may pay the price using the following methods:
      • Payment via PayU
      • Payment via Przelewy24
      • Payment by Visa and MasterCard payment cards
      • Payment via digital wallets such as Apple Pay and Google Pay
      • Payment using deferred payments via PayPo
    3. In the case of online payment, the payment is considered made once it is credited to the bank account of the Seller or the payment intermediary. The Customer is obliged to complete the online payment within 12 hours from the conclusion of the Sales Agreement.
    4. In the case of bank transfer payment, the Customer is obliged to make the payment within 7 days from the conclusion of the Sales Agreement. The payment date is considered the date on which the funds are credited to the Seller’s bank account.
    5. The Customer bears the cost of the financial transaction.
7. Discount Codes
    1. A discount code is a code that entitles the Customer to receive a discount on an Order.
    2. Discount codes can only be used within a specified time period and for a single Order. The discount code includes information about its value. Certain products may be excluded from the promotion. A discount code may be subject to a minimum order value.
    3. Multiple discount codes cannot be combined.
    4. To use a discount code, it must be entered in the Order Form. Discounts based on discount codes are applied automatically.
8. Right of Withdrawal from the Agreement
    1. In accordance with the provisions of the Consumer Rights Act, a Buyer who is a Consumer may withdraw from a distance contract concluded with the Seller without giving any reason within 14 (fourteen) days from the date of receiving the product. In the event of such withdrawal, the contract is considered null and void.
    2. The Consumer may submit a statement of withdrawal to the Seller either electronically (by sending an email with the statement to: info@good-spirits.com) or by sending a written statement on paper via traditional mail to the Seller’s registered address indicated in §1. The Consumer may use the statutory withdrawal form, the template of which is included in Annex No. 2 to the Consumer Rights Act. The Seller provides a sample form as an attachment to the Terms and Conditions.
    3. The Consumer is obliged to return the goods to the Seller within 14 days from the date of withdrawal from the agreement to the following address: Good Spirits Company, ul. Marymoncka 105/37, 01-813 Warsaw, Poland.
    4. If the Consumer withdraws from the contract, the Seller shall return all payments received from the Consumer (including delivery costs) within 14 days from the date of withdrawal, except for any additional costs resulting from the delivery method chosen by the Consumer that is different from the cheapest standard delivery method available in the Store. However, in accordance with Article 32(3) of the Consumer Rights Act, the Seller may withhold the refund until the goods are returned or the Consumer provides proof of return shipment, whichever occurs first.
    5. The cost of returning the goods to the Seller is not refunded to the Consumer.
    6. The Seller will issue the refund using the same payment method as was used by the Consumer, unless the Consumer explicitly agrees to a different method that does not incur any additional costs for them.
    7. The Seller informs that the right of withdrawal from a contract concluded outside the business premises or at a distance does not apply to the Consumer in relation to contracts:
      • for the provision of services, if the entrepreneur has fully performed the service with the explicit consent of the consumer, who was informed before the service began that they would lose the right of withdrawal once the service was completed by the entrepreneur;
      • in which the price or remuneration depends on fluctuations in the financial market beyond the control of the entrepreneur, which may occur before the withdrawal period expires;
      • in which the subject of the service is a non-prefabricated item manufactured according to the consumer’s specifications or intended to meet their individual needs (e.g., a handcrafted product or a custom-made item tailored to the Consumer’s parameters);
      • in which the subject of the service is an item that is perishable or has a short shelf life;
      • in which the subject of the service is an item delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
      • in which the subject of the service is an item that, due to its nature, becomes inseparably connected with other items after delivery.
9. Effects of Withdrawal from the Agreement

In the event of a valid withdrawal from the Sales Agreement, the Seller shall refund all payments received from the Customer, including the costs of delivering the goods (except for additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without delay and in any case no later than 14 days from the day on which the Seller was informed about the Customer’s decision to withdraw from the Sales Agreement. The refund will be made using the same payment method that was used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any fees related to the refund.

10. Complaints Regarding Products
    1. The Seller is obligated to deliver the Product free of defects. The Seller is responsible to the Customer if the Product sold has a physical or legal defect (warranty).
    2. The Seller is responsible under the warranty if the physical defect is found before the expiration of two years from the date the Product was delivered to the Customer.
    3. Complaints can be submitted, among other ways, electronically to the address info@good-spirits.com or in writing to the address: Good Spirits Company, ul. Marymoncka 105/37, 01-813 Warsaw.
    4. The Customer exercising warranty rights is required to make the product available, and the Seller has the obligation to collect the product that needs to be repaired or replaced.
    5. It is recommended that the Customer include the following information in the complaint:
      • contact details
      • Order number and identification of the Product subject to the complaint
      • date and description of the reported defect
      • the requested action related to the complaint (request for defect removal, exchange of the Product for a new one, price reduction, or withdrawal from the Sales Agreement due to the identified defect)
      • receipt or VAT invoice.
    6. The Seller will respond to the submitted complaint within 14 days of receiving it.
    7. The Seller will address the complaint within a reasonable time from its submission by the Customer and without undue inconvenience for the Customer, taking into account the nature of the Product and the purpose for which the Customer purchased it.
    8. The Seller may replace the Product if the Customer requests a repair, or the Seller may repair the Product if the Customer requests an exchange, if bringing the Product into conformity with the contract in the manner chosen by the Customer is impossible or would incur excessive costs for the Seller. If repair or replacement is impossible or would incur excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract.
    9. If the replacement of the Product, removal of the defect, or price reduction is not possible, the Seller will refund the Customer the payment immediately, in accordance with applicable law.
    10. In the case of Customers who are entrepreneurs, the Seller is responsible for defects in the sold goods under the rules specified in Articles 556 and subsequent of the Civil Code.
    11. In the case of Customers who are consumers and entrepreneurs with consumer rights, the Seller is responsible for the lack of conformity of the product with the contract under the rules specified in Chapter 5a of the Consumer Rights Act.
    12. Any provisions of this section 10 do not exclude or limit the rights of Consumers under applicable law.
11. Out-of-Court Methods of Handling Complaints and Claim Resolution
    1. Consumers also have the right to use judicial and out-of-court methods of handling complaints and resolving claims, for example, through the Consumer Arbitration Court operating at the Provincial Inspectorates of the Trade Inspection. Detailed information can be found at: https://www.uokik.gov.pl/sprawy_indywidualne.php
    2. Additionally, under Regulation (EU) No 524/2013 of the European Parliament and Council of 21 May 2013 on the online dispute resolution (ODR) for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, Consumers have the right to use out-of-court methods of handling complaints and resolving claims. To make use of the possibility of amicably resolving disputes, consumers can use the Online Dispute Resolution (ODR) platform. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
12. Provisions Regarding Entrepreneurs
    1. Any disputes between the Seller and a Customer who is an Entrepreneur or between the Service Provider and a Service Recipient who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller’s or Service Provider’s registered office.
    2. The Seller has the right to withdraw from the Sales Agreement within 14 days from the date of its conclusion with an Entrepreneur. Withdrawal from the Sales Agreement in this case can occur without providing any reason, and it does not entitle the Entrepreneur Customer to any claims against the Seller.
    3. The Service Provider may terminate the electronic services agreement with a Service Recipient who is an Entrepreneur with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
    4. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Entrepreneur Customer and the fact of the Sales Agreement.
    5. The Seller, as well as its employees, authorized representatives, and attorneys, are not liable to the Entrepreneur Customer, its employees, authorized representatives, and attorneys for any damages, including loss of profits, unless the damage was caused by the Seller, its employees, authorized representatives, or attorneys intentionally.
    6. The provisions of this section 12 do not apply to Customers or Service Recipients who are Consumers or Entrepreneurs with consumer rights.
13. Final Provisions
    1. The Seller reserves the right to have interruptions and disruptions in the operation of the Store. The Seller will inform users, to the extent possible, about technical breaks and their duration through available means, such as posting messages on the Store’s website.
    2. The operation of the online Store is governed by Polish law, unless otherwise provided by the applicable laws.
    3. The opinions regarding the Products visible on the Store’s website come directly from Customers who have purchased the Products from the Store.
    4. Copyrights to the content placed on the Store’s website, trademarks, graphic elements, and the Store’s name are legally protected and belong to the Seller.
    5. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, which include, in particular, changes in the functionality of the Store, changes in the Seller’s data, improvements in the services and customer service, changes in the law or changes in the interpretation of the applicable law due to court rulings and decisions of authorities, and correcting errors in the content of the Terms and Conditions.
    6. Changes to the Terms and Conditions come into effect 14 days after the notice of the change.
    7. In the case of changes to the Terms and Conditions regarding continuous services (e.g., Account), the Service Provider will inform the Service Recipient of this fact via email, and the Service Recipient may terminate the agreement within 14 days from the notification of the change.
    8. The Seller will notify of changes to the Terms and Conditions by posting a message on the online Store’s website.
    9. In the case of changes to the Terms and Conditions concerning continuous electronic services (e.g., Account), the Service Provider will inform the Service Recipient via email about the change and the right to terminate the agreement.
    10. The Terms and Conditions come into force on 1st January 2023.