TERMS AND CONDITIONS OF THE ONLINE STORE
§1. Seller and Contact Details
The online store operating at: Śliwkowa 4, 62-002 Suchy Las, Poland (hereinafter referred to as the “Store”) is operated by:
Volante Free Spirits Tomasz Wojtalewicz
registered office: Śliwkowa 4, 62-002 Suchy Las, Poland
Tax Identification Number (NIP): 7831609026
REGON: 543625343.
Seller’s contact details:
Email: shop@volantespirits.com
Phone: +48 793 660 630
Correspondence address:
Volante Free Spirits
Śliwkowa 4
62-002 Suchy Las
Poland
These Terms and Conditions define the rules for using the Store, placing Orders, concluding Sales Agreements, and the provision of electronic services (including Customer Account, newsletter, and product reviews), as well as the rights and obligations of the Customer and the Seller.
The Store conducts sales within the territory of the Republic of Poland.
The language of agreements and communication is Polish, and the settlement currency is PLN (Polish złoty).
§2. Definitions
For the purposes of these Terms and Conditions, the following definitions shall apply:
Customer – a natural person (including a Consumer), legal person, or organisational unit without legal personality making purchases in the Store.
Consumer – a natural person entering into a transaction with the Seller that is not directly related to their business or professional activity.
Entrepreneur – a Customer making a purchase in connection with their business activity.
Entrepreneur with Consumer Rights – a natural person entering into an agreement directly related to their business activity where the agreement does not have a professional character for that person.
Product – a physical product offered in the Store.
Account – an electronic service consisting of maintaining a Customer account in the Store.
Order – a declaration of intent made by the Customer directly aimed at concluding a Sales Agreement for Products.
Sales Agreement – a distance contract concluded between the Customer and the Seller through the Store.
Business Days – days from Monday to Friday excluding public holidays in Poland.
§3. Technical Requirements and Rules for Using the Store
In order to use the Store, the following are required:
access to the Internet,
an up-to-date web browser,
an active email account.
The Customer is obliged to use the Store in a manner consistent with applicable law and good practices, in particular not to provide or publish unlawful content.
The Seller may temporarily suspend access to the Store for maintenance, updates, or removal of technical failures.
§4. Information about Products, Characteristics and Age Restriction (18+)
The Store offers non-alcoholic beverages (0.0%) and other physical products (including, in the future, accessories, sets, etc.).
Products may contain capsaicin or other ingredients with a spicy or pungent character. Information about ingredients, allergens and warnings is provided in the Product description.
Products offered in the Store are not medicinal products nor dietary supplements.
The Store conducts sales exclusively to adults (18+).
Placing an Order requires confirmation of legal age by selecting the checkbox “I confirm that I am at least 18 years old.”
The Seller may suspend the processing of an Order or refuse to fulfil it if there are justified doubts regarding the Customer’s age.
§5. Placing Orders and Conclusion of the Sales Agreement
Orders may be placed 24 hours a day, 7 days a week via the Store.
The Customer may make a purchase:
by registering an Account, or
without registering an Account.
To place an Order, the Customer selects Product(s), adds them to the shopping cart, fills in the required data, selects the delivery and payment method, accepts the required consents/checkboxes, and then submits the Order by clicking the button finalising the purchase.
The Customer has the possibility to detect and correct errors in the Order data before submitting the Order (in particular at the cart and order summary stage).
The Sales Agreement is concluded at the moment the Customer receives an email confirming acceptance of the Order for processing.
The Seller confirms the essential terms of the Agreement to the Customer on a durable medium (at least via email), in accordance with applicable legal provisions.
Product images are for illustrative purposes only; the binding information is the description, parameters and composition indicated with the Product.
§6. Prices, Promotions, Omnibus Directive and Discount Codes
Prices in the Store are indicated in PLN and are gross prices (including VAT) unless otherwise stated for a given Product.
Delivery costs and any additional costs (e.g. cash-on-delivery fees) are indicated during the Order placement process.
The Seller may organise promotions and provide discount codes. The details of a promotion are specified in the promotion description or Store announcement.
In the case of price reductions, the Seller presents information about the lowest price of the Product within the 30 days preceding the reduction (or from a shorter period if the Product has been offered for a shorter time), in accordance with applicable legal provisions.
§7. Payments
The Store provides the following payment methods:
- BLIK,
- instant online transfers (PayU / Przelewy24 / Stripe or other providers available in the Store),
- payment card,
- Apple Pay / Google Pay,
- traditional bank transfer,
- cash on delivery (if available for the selected delivery method).
Order processing begins:
- upon receipt of payment – in the case of prepayment methods, or
- upon correct submission of the Order – in the case of cash-on-delivery payment.
§8. Delivery and Personal Collection
Delivery is carried out within the territory of Poland. If the Store enables international shipping, the applicable rules and costs will be indicated during checkout.
Available delivery methods include: courier services, parcel lockers, personal collection, or other methods indicated in the Store.
Personal collection is possible upon prior arrangement.
Shipments are dispatched on Business Days only.
The standard order preparation time is usually up to 24 Business Hours, however it may be extended due to circumstances beyond the Seller’s control (e.g. carrier delays, system failures, force majeure events).
Upon handing the Product over to the carrier, the risk of accidental loss or damage passes to the Customer who is an Entrepreneur.
In the case of a Consumer or an Entrepreneur with Consumer Rights, the risk passes to the Customer at the moment the Customer takes possession of the Product.
§9. System Errors, Obvious Mistakes and Product Availability
The Seller makes every effort to ensure that information provided in the Store is accurate.
In the event of:
- an obvious pricing error (e.g. a price significantly deviating from the market value),
- a technical error of the Store system,
- Product unavailability,
- inability to successfully authorize payment,
the Seller may refuse to accept the Order for processing or cancel the Order, informing the Customer without undue delay.
If payment has already been made, the Seller shall refund the received funds to the Customer without undue delay, no later than within the period resulting from applicable law and/or the regulations of the payment operator.
§10. Right of Withdrawal (B2C and Entrepreneur with Consumer Rights)
A Consumer and an Entrepreneur with Consumer Rights may withdraw from the Sales Agreement without providing any reason within 14 days from the date on which the Product was taken into possession.
To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the Agreement by means of a clear statement (e.g. email to shop@volantespirits.com
or a written statement sent to: Volante Free Spirits, Śliwkowa 4, 62-002 Suchy Las, Poland).
The Customer may use the model withdrawal form provided in Annex No. 1, although it is not obligatory.
To meet the withdrawal deadline, it is sufficient to send the statement before the withdrawal period expires.
The Customer is obliged to return the Product without undue delay, and in any case no later than 14 days from the date of withdrawal.
The direct cost of returning the Product shall be borne by the Customer, unless the Seller expressly agrees to cover these costs.
The Seller shall refund the Customer:
- the price of the Product, and
- the delivery costs to the Customer corresponding to the least expensive standard delivery method offered in the Store for the given Order (if the Customer selected a more expensive delivery method, the difference shall not be refunded).
The refund shall be made no later than 14 days from the date of receipt of the withdrawal statement, however the Seller may withhold the refund until the Product has been received or proof of its return has been provided, whichever occurs first.
Refunds shall be made using the same payment method used by the Customer, unless the Customer expressly agrees otherwise; if this is not possible, the refund will be made via bank transfer to the account indicated by the Customer.
The Customer shall be liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
§11. Exceptions to the Right of Withdrawal
(Article 38 of the Consumer Rights Act)
The right of withdrawal does not apply in cases provided for by law, in particular with respect to contracts:
for the supply of goods made according to the Customer’s specifications or clearly personalised (personalised products),
for the supply of goods delivered in a sealed package which cannot be returned after opening for reasons of health protection or hygiene, if the package has been opened after delivery.
For the purposes of the above provision, a “sealed package” shall in particular be understood as a Product delivered in packaging with a factory seal (e.g. cap/cork) and an additional security element (e.g. shrink wrap, seal) the removal of which prevents safe resale for hygiene or food safety reasons.
§12. Complaints and Liability – Consumer
With respect to Consumers and Entrepreneurs with Consumer Rights, the Seller shall be liable for lack of conformity of the Product with the contract in accordance with applicable legal provisions.
Complaints may be submitted:
by email: shop@volantespirits.com, or in writing to:
Volante Free Spirits
Śliwkowa 4
62-002 Suchy Las
Poland.
It is recommended that the complaint include:
- the Customer’s name and surname,
- Order number,
- description of the non-conformity,
- date on which the defect was noticed,
- the Customer’s request.
The Seller shall respond to the complaint within a reasonable time, no later than within the period required by applicable law; as a rule, the Seller aims to respond within 14 days.
The provisions of these Terms and Conditions do not exclude or limit any rights of Consumers arising from mandatory provisions of law.
§13. Complaints and Liability – Entrepreneur (B2B)
In relation to Entrepreneurs, the Seller’s liability shall be governed by general legal provisions, subject to this section.
To the maximum extent permitted by law, the Seller excludes liability under statutory warranty (Article 558 §1 of the Polish Civil Code) with respect to Entrepreneurs.
The Seller’s liability towards Entrepreneurs (including for damages) shall be limited — to the maximum extent permitted by law — to the gross value of the given Order, excluding lost profits.
The Entrepreneur should inspect the shipment within the shortest possible time after receipt and immediately report any transport damage to the carrier and the Seller.
§14. Product Safety (Capsaicin, Allergens)
Products may be spicy (contain capsaicin) and may cause intense taste sensations or a burning sensation.
Information about potential allergens and ingredients is provided in the Product description and, where applicable, on the Product label.
The Customer is obliged to read the Product description, including warnings.
The Seller shall not be liable for the consequences of improper use of the Product or use contrary to the information and warnings provided with the Product (e.g. consumption in quantities exceeding individual tolerance, ignoring warnings).
Products should be stored out of reach of children.
This section does not limit the Seller’s liability for Product conformity with the contract or Product safety to the extent required by applicable law.
§15. Customer Account – Electronic Service
The Account is an electronic service provided free of charge for an indefinite period.
Creating an Account requires providing the data indicated in the registration form and accepting these Terms and Conditions.
The Customer may delete the Account at any time by sending a request to: shop@volantespirits.com
; the Seller shall delete the Account within a reasonable period of time.
Complaints regarding the functioning of the Account may be submitted to shop@volantespirits.com
. The Seller will consider the complaint within a reasonable period of time.
§16. Newsletter – Electronic Service (Double Opt-in)
The Newsletter is an electronic service of a marketing and informational nature.
Subscription is carried out using the double opt-in model (confirmation of subscription via a link sent to the email address).
The Customer may unsubscribe from the Newsletter at any time (e.g. via the unsubscribe link included in the message or by contacting the Seller via email).
The Seller shall not be liable for the non-delivery of the Newsletter for reasons beyond the Seller’s control (e.g. spam filters, incorrect email address, failures of email service providers).
§17. Product Reviews and Moderation Rules
(including reporting unlawful content)
Reviews may be submitted only by Customers who have purchased a Product from the Store. Verification is carried out by linking the review to an Order (e.g. through a “verified purchase” mechanism).
Reviews may be published automatically; however, the Seller reserves the right to perform subsequent moderation.
It is prohibited to post reviews containing content that is:
- vulgar, offensive or violating personal rights,
- unrelated to the Product,
- unlawful (e.g. inciting violence, discriminatory content),
- advertising or spam.
The Seller may remove or hide reviews that violate paragraph 3 and may block the ability of the user violating the rules to submit further reviews.
Reporting unlawful content (notice & action):
Any person may report content considered unlawful (including reviews) to the Seller by sending a notification to [DSA reporting email address], providing at least:
a) a link or location of the content,
b) justification of the report,
c) contact details of the reporting person (where possible).
The Seller shall review the notification as soon as reasonably possible and take appropriate action.
§18. Personal Data and Cookies
The Seller is the data controller of personal data.
The rules regarding personal data processing, information about analytical and marketing tools, as well as cookies and consent management are described in the documents Privacy Policy and Cookie Policy available in the Store.
§19. Intellectual Property
The name Volante Free Spirits, logos, descriptions, photographs and other materials available in the Store may constitute works protected by copyright and/or industrial property rights.
Copying, distributing or otherwise using the Store’s content without the prior consent of the Seller is prohibited, except as permitted under applicable law.
§20. Force Majeure
The Seller shall not be liable for the non-performance or improper performance of the Agreement caused by events beyond the Seller’s control which could not have been foreseen or prevented (force majeure), including in particular: system failures, interruptions of payment operators, strikes, natural disasters, decisions of administrative authorities, or logistical disruptions affecting carriers or suppliers.
In the event of force majeure, the Seller shall inform the Customer about the expected impact on the execution of the Order.
§21. Dispute Resolution, ADR/ODR and Applicable Law
Sales Agreements shall be governed by Polish law.
In disputes with Consumers, the jurisdiction of courts shall be determined in accordance with applicable legal provisions (the Seller does not impose a specific court on the Consumer).
In disputes between the Seller and an Entrepreneur, the competent court shall be — unless mandatory provisions of law provide otherwise — the court having jurisdiction over the Seller’s registered office.
Consumers may use out-of-court complaint and redress procedures (ADR) as well as the ODR platform operated by the European Commission (information and a link to the ODR platform may be available in the Store under the “ODR/ADR” section).
§22. Amendments to the Terms and Conditions
The Seller may amend these Terms and Conditions for valid reasons, in particular:
changes in legal regulations,
changes in payment or delivery methods,
changes in the functionality of the Store.
Amendments to the Terms and Conditions shall not affect Orders placed before the amendments enter into force.
The current version of the Terms and Conditions is available in the Store.
§23. Final Provisions
These Terms and Conditions are available free of charge in the Store in a manner that enables their download, reproduction and storage.
In matters not regulated by these Terms and Conditions, generally applicable provisions of law shall apply.
ANNEX No. 1 – MODEL WITHDRAWAL FORM
Addressee:
[full company name]
[address for withdrawal statements]
email: [email address]
I/We () hereby give notice that I/We () withdraw from my/our (*) contract of sale of the following goods:
Product name(s): [ ]
Order number: [ ]
Date of conclusion of the contract / receipt of the goods: [ ]
Name of consumer(s): [ ]
Address of consumer(s): [ ]
Signature of consumer(s) (only if this form is submitted on paper): [ ]
Date: [ ]
(*) Delete as appropriate.