Terms and Conditions
§ 1. General provisions and definitions
1. These Terms and Conditions set out the general terms and conditions for placing Orders in the online Store owned by Ed Red SA, ul. Zwierzyniecka 17/4, 31-103 Kraków (hereinafter "Ed Red"), located at the electronic address: www.sklep.edred.pl
2. These Terms and Conditions have been drawn up on the basis of applicable laws, in particular the provisions of: the Act of 23 April 1964 – Civil Code (consolidated text: Journal of Laws of 2020, items 1740, 2320); the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2020, item 344); the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287); the Act of 10 May 2018 on the protection of personal data (consolidated text: Journal of Laws of 2019, item 1781).
3. The terms used in these Terms and Conditions have the following meanings:
Price – the gross price of the Product, placed along with information about the Product, excluding the Costs of delivery of the Product. Prices are expressed in Polish Zloty and include value added tax (VAT);
Working Days - all days of the week from Monday to Friday, excluding Statutory Non-Working Days (defined below); Consumer – a natural person performing legal transactions with the Seller (including entering into an Agreement) not directly related to their business or professional activity; Account – an individual account of the Ordering Party created after Registration in the sklep.edred.pl store, through which they place Orders, described in § 6 of these Terms and Conditions; Basket – an electronic form provided by the Seller on the sklep.edred.pl website, through which the Ordering Party selects the Product that is the subject of the Order; Delivery Costs – charges for the delivery of ordered Products to the Ordering Party. Delivery Costs are expressed in Polish Zloty and include value added tax (VAT); Ed Red store – an online store run by the Seller, located at the electronic address www.sklep.edred.pl; Payment – the action consisting of paying, in the manner specified in these Terms and Conditions, the remuneration due to the Seller for the performance of the Agreement, constituting the sum of the Prices of individual Products covered by the Order and Delivery Costs, reduced by any discounts and rebates; Order Fulfillment - the time necessary for the Seller to deliver the ordered Products to the address indicated by the Ordering Party; Registration – the action consisting of providing the correct data, including Personal Data, which is necessary to create an Ordering Party Account in the Ed Red store, in accordance with the procedure described in § 5 of these Terms and Conditions; Seller – Ed Red SA, ul. Zwierzyniecka 17/4, 31-103 Kraków, NIP 5252754250, conducting retail sales of Products at a distance via the Ed Red store, excluding alcoholic beverages for which only a reservation is made; Parties – the Ordering Party and the Seller, who are parties to the Agreement; Product – movable items from the Seller’s assortment that can be ordered in the Ed Red store; Agreement - an agreement for the sale of Products in accordance with the Order, concluded by the Parties at a distance;
Statutory Non-Working Days - means Sundays and holidays listed in the Act of 18 January 1951 on non-working days (consolidated text: Journal of Laws of 2020, item 1920); Ordering Party – a natural person with full legal capacity who is over 18 years of age (including a Consumer) or a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who can make purchases of Products in the Ed Red store; Order – an order covering the Products that are the subject of the Agreement, in accordance with the choice made by the Ordering Party on the Ed Red store website using the Basket, together with the specification of the form of Payment.
§ 2. Provision of services by electronic means
1. The sale of Products is carried out using an ICT system that ensures the processing, storage, and sending and receiving of data via telecommunications networks in accordance with the Act of 18 July 2002 on the provision of services by electronic means.
The services provided include: registration; use of the Account functionalities referred to in § 6;
2. Browsing the www.sklep.edred.pl website, including viewing the assortment of Products, is possible for every internet user without the need for Registration or having an Account in the Ed Red store, with the exception of information relating to alcoholic beverages, which is available only to individually designated, adult Ordering Parties.
3. The services referred to in § 2(1) above are available only to Ordering Parties who have completed Registration and are logged into their Account.
4. Registration in the Ed Red store and the services referred to in § 2(1) and (2) above are provided free of charge.
5. When using the services referred to in § 2(1) and (2) above, it is prohibited for the Ordering Party to provide unlawful content, including:
-information and data prepared in a way that creates a risk of violating IT security or the stability of the Ed Red store;
-information violating intellectual property rights, including copyrights and trademark rights of the Seller or third parties; other information and data violating mandatory legal provisions.
6. To properly use the Ed Red store, the Ordering Party should possess a computer or device with installed software allowing for browsing websites and access to the Internet.
7. In order to place an Order, the Ordering Party should have an email address and an active telephone number with an operator using Polish numbering resources (+48).
8. Before starting to use the Ed Red store, including before placing an Order, the Ordering Party should read these Terms and Conditions and the Privacy Policy available on the Ed Red store website.
§ 3. Products
1. Information about Products, such as photos, descriptions, and, where applicable, composition, is available on the Ed Red store website in the descriptions for individual Products.
2. The photos posted on the Ed Red store website are for the purpose of presenting the Products. Photos and descriptions placed under individual Products are provided by manufacturers, distributors, or originate from the Seller.
3. In the event that a warranty is granted for a given Product, information on the content and terms of the warranty is available in the description for that Product.
4. Trade names, names, descriptions, photos, or trademarks published on the Ed Red store website are subject to legal protection.
5. All products offered on the Ed Red store website are brand new, free of legal defects, and have been lawfully placed on the market.
§ 4. Conclusion of the sales agreement
1. The Ordering Party places an Order using the Basket.
2. Only persons who are of legal age and sober at the time of placing the order and its collection are entitled to reserve products that are alcoholic beverages. In case of doubt regarding the Client's age, the Seller or the person handing over products that are alcoholic beverages is entitled to demand the presentation of a document confirming the Client's age.
3. The Buyer and the Seller agree that the place of conclusion of the sales agreement for alcoholic products is the Ed Red restaurant located at ul. Zwierzyniecka 17/4, 31-103 Kraków.
4. While assembling the Order, the Ordering Party should make a choice of Products and their quantities, place of delivery, and form of Payment. Placing an Order is possible only for Ordering Parties registered in the Ed Red store (who have an Account), after logging in. An Ordering Party who does not have an Account should complete Registration before placing an Order.
5. When placing an Order, the Ordering Party provides the address details for the place of delivery or chooses one of the previously provided delivery addresses.
6. If in possession of a discount code, the Ordering Party should enter this code before placing the Order in the field provided for this purpose in the Order form. [The value of the Order in the Basket or the Delivery Costs will be automatically reduced by the amount resulting from the value of the Discount Code. The Seller informs that additional restrictions or conditions may apply to Discount Codes. Information about such restrictions or conditions is provided to the Ordering Party each time along with the Discount Code or delivered in another way that allows for them to be read before placing the Order].
7. In order to place an Order, the Ordering Party selects the appropriate button on the Order form, which includes information that placing the Order entails an obligation to pay. In this way, the Ordering Party accepts the selected Products in accordance with their description, quantity, and Price and expresses the will to purchase them in accordance with these Terms and Conditions.
8. The Agreement between the Ordering Party and the Seller is concluded at the moment the Ordering Party receives confirmation that the order has been accepted for fulfillment. In the case where the Ordering Party is a Consumer, the provisions of the Act of 30 May 2014 on consumer rights apply to the Agreement between the Ordering Party and the Seller. For the avoidance of doubt, the place of conclusion of the agreement is the Seller's registered office.
9. The Seller confirms the placement of the Order by sending an Order confirmation along with the Order number to the Ordering Party's email address. Such a message contains information intended for Consumers, as required by applicable law.
10. The recording, securing, and providing the content of the concluded Agreement to the Ordering Party is performed by: -sending the Ordering Party, to their email address, the confirmation of the conclusion of the distance agreement referred to in § 4(8) above; -attaching the proof of purchase (fiscal receipt or invoice) to the Product; -saving the Order data in the Ordering Party's Account.
11. In the event of an inability to fulfill the Order due to the lack of the ordered Product or the ordered quantity of a given Product, the Seller will immediately inform the Ordering Party, and the Ordering Party may withdraw from the Agreement (cancel the Order) in whole or in part – at their own discretion. In such a case, if the Ordering Party has made Payment before the delivery of the ordered Products (prepayment), the Seller will refund the entire amount paid by the Ordering Party, and in the case of partial withdrawal from the Agreement – the amount paid for the Products that the Ordering Party is canceling.
12. All Prices of Products and Delivery Costs quoted on the Ed Red store website are expressed in Polish Zloty and include value added tax (VAT).
13. From the moment the Order is placed by the Ordering Party, the Price quoted for each Product is binding for both Parties and cannot be changed.
14. The Price of the Product does not include Delivery Costs. The price list for Delivery Costs can be found on the Ed Red store website under the "Delivery" tab. Delivery Costs will be added to the value of the ordered Products in accordance with the delivery options selected by the Ordering Party.
§ 5. Registration
1. Registration of the Ordering Party is free of charge.
2. Registration is necessary to place an Order.
3. Registration of the Ordering Party is performed by filling out the registration form available on the Ed Red store website after clicking the "Register" button. Registration can also be performed during the placement of the first Order.
4. The registration form contains clearly marked fields, which must be filled out.
5. In the registration form, the Ordering Party provides their personal data necessary for contacting the Ordering Party and for creating and maintaining the Account.
6. After the registration form is filled out and submitted by the Ordering Party, the Seller sends a confirmation of Registration to the email address provided by the Ordering Party. At this moment, the Registration process is completed.
7. Only persons of legal age are authorized to make purchases in the Ed Red store.
§ 6. Ordering Party Account
1. Having an Account enables the Ordering Party, in particular, to: -place Orders; -enter, edit, or delete data, including delivery addresses; -create a shopping list;
2. The login and password are confidential.
3. It is forbidden for the Ordering Party to share their Account with third parties. However, the Ordering Party may share their Account with household members or employees who will perform certain actions, including placing Orders, on behalf of the Ordering Party.
4. The Account is maintained for the Ordering Party for an indefinite period.
5. The Ordering Party may resign from their Account at any time without giving a reason. To do so, it is sufficient to send a clear request for Account deletion to the Seller at the email address: sklep@edred.pl or by mail. The request for Account deletion does not affect sales Agreements for Products concluded by the Ordering Party with the Seller. An Ordering Party who is a Consumer has the right to withdraw from such Agreements under the terms and within the time limits specified in § 9 of the Terms and Conditions.
6. After receiving the request referred to in § 6(5), the Account will be deleted from the Seller's ICT system immediately, in any case within no more than 14 days from the date of receipt of the request.
7. In case of doubt as to the identity of the person making the request for Account deletion referred to above, the Seller reserves the right to verify the identity of such a person.
8. No fees are charged for Account deletion. Account deletion does not exclude the Ordering Party's rights under the warranty for physical defects of Products purchased by the Ordering Party.
§ 7. Payments
1. The Ordering Party may ─ at their discretion ─ make Payment before delivery of the Order (prepayment) or upon receipt of the ordered Products (at the time of delivery of the Products).
2. In the case of Payment before delivery of the ordered Products, the Ordering Party makes the Payment by bank transfer, payment card, credit card, or e-transfer via the Tpay service.
3. In order to make Payment in the manner referred to in § 7(2), the Ordering Party is redirected to an online payment service enabling the execution of transactions using a telecommunications network.
4. The Seller confirms the Payment referred to in § 7(2) to the email address provided by the Ordering Party.
5. After the payment is made, the Seller sends an invoice for the ordered Product to the email address provided by the Ordering Party. The Ordering Party agrees to the delivery of the invoice in electronic form.
6. In the case of payment upon receipt of the Order, the Ordering Party may make the Payment in cash or by payment card directly to the Seller's employee delivering the Product or the courier company's representative.
§ 8. Fulfillment and delivery of Products
1. The Ordering Party may place Orders 24 hours a day on every day of the week, with the Seller fulfilling orders 5 days a week (from Monday to Friday). The Seller undertakes to fulfill Orders within 2 days (48 hours) after the day they were placed by the Ordering Party. Furthermore, the Ed Red store does not fulfill Orders on Statutory Non-Working Days.
2. The Seller reserves the right to designate additional days on which the Ed Red store will not fulfill Orders. The Seller will provide notification of the closing of the Ed Red store on a given day in advance through an announcement on the Ed Red store website.
3. In the case of the sale of promotional products or products from a clearance sale, the quantity of which is limited, the fulfillment of Orders depends on the order of receipt of the Order by the Seller. The Seller reserves the right not to fulfill an Order in the event of the exhaustion of stocks of a given Product covered by a promotion or clearance. In such a case, the provision of § 4(10) applies.
4. In the event that the delivery address is not identical to the Ordering Party's residential address and the delivery is to be made to the residential address of another natural person, the Ordering Party declares that they have the consent of the person managing the premises to fulfill the Order to this address.
5. When taking delivery of the Product, the Ordering Party has the obligation, in the presence of the Seller's employee, to check whether the Product has mechanical damage resulting from transport and whether the delivered Product is in accordance with the Order. In the absence of damage or other objections, the Ordering Party confirms the delivery of the Product with a signature. Once the product is received from the Seller's employee without any objections, the Seller will not be liable for the condition of the Ordering Party's Product.
6. The Seller delivers the Product to the Ordering Party together with a sales document in the form of a fiscal receipt or VAT invoice, if the Ordering Party provided the data necessary for its issuance.
7. The Ordering Party acknowledges that Products in the form of alcohol may only be handed over to an adult.The Seller reserves the right to verify the age of the Ordering Party before handing over the Goods. In the event that an Order is collected by a minor, the Seller has the right to refuse to hand over Goods in the form of alcohol. The Seller does not provide alcohol to intoxicated persons.
8. The Ordering Party or a person authorized by them undertakes to be present at the delivery address at the date and time slot selected by them. In the event of the absence of the Ordering Party at the indicated delivery address during the time slot selected by the Ordering Party, the Seller reserves the right to charge the Ordering Party for the costs of delivery and for Goods that perish quickly and whose resale will become impossible.
9. The obligations of the Ordering Party resulting from the Agreement are fulfilled upon payment to the Seller of the full amount due for the Goods and delivery and upon collection of the Goods delivered in accordance with the Order.
10. The Seller's performance resulting from the Agreement is fulfilled upon handing over the Goods to the Ordering Party in accordance with the Order.
11. In the event of the Goods not being collected by the Ordering Party, the Goods will be returned to the Seller. The Seller may deduct an amount corresponding to the shipping costs from the Ordering Party.
12. For customers outside the European Union (EU): Orders shipped outside the EU may be subject to customs duties, import taxes (e.g., VAT), and handling fees, in accordance with the regulations of the destination country. These costs are not included in the product price or shipping cost and must be paid by the recipient of the shipment. We have no influence on the amount of these fees – they are determined by the customs office of the given country. We recommend contacting your local customs office for accurate information before placing an order.
§ 9. Right of withdrawal
1. An Ordering Party who is a Consumer has the right to withdraw from an Agreement concluded at a distance without giving any reason within 14 days from the day on which the Ordering Party or a third party authorized by the Ordering Party to collect the Goods came into possession of the Goods.
2. The right to withdraw from an agreement concluded at a distance does not apply to an Ordering Party who is a Consumer in relation to agreements: -for the provision of services, if the Seller has fully performed the service with the express consent of the Ordering Party, who was informed before the start of performance that after the performance by the Seller, they would lose the right to withdraw from the agreement; -in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individual needs; -in which the subject of the performance is an item that perishes quickly or has a short shelf life; -in which the subject of the performance is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery; -in which the subject of the performance are items which, after delivery, due to their nature, are inseparably connected with other items;
-in which the Ordering Party has expressly requested that the Seller come to them for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the Ordering Party, or supplies goods other than spare parts necessary for the performance of repair or maintenance, the right to withdraw from the agreement applies to the Ordering Party in relation to the additional services or goods; -in which the subject of the performance are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; for the supply of newspapers, periodicals or magazines, with the proviso that the Seller does not provide a subscription service.
3. In order to exercise the right referred to in § 9 sec. 1 above, the Ordering Party should inform the Seller of their decision to withdraw from the Agreement by means of an unequivocal statement submitted using the Seller's contact details indicated in the Order confirmation and on the Ed Red store website in the "Contact" tab, for example, by sending a relevant letter by mail or by e-mail.
4. To exercise the right of withdrawal from the Agreement, the Ordering Party may use the template withdrawal form. A template withdrawal form is available on the Ed Red store websites. The form template is also delivered to the Ordering Party's email address. The use of this template is not mandatory.
5. To meet the deadline for withdrawal from the agreement specified in § 9 sec. 1, it is sufficient to send information regarding the exercise of the right to withdraw from the agreement before the deadline for withdrawal from the agreement expires.
6. In the event of withdrawal from the Agreement, the Seller shall refund all payments received from the Ordering Party, including Delivery Costs, immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Ordering Party's exercise of the right of withdrawal from the Agreement. The refund of payments will be made using the same means of payment as were selected by the Ordering Party when placing the Order. Regardless of the method of refunding the Payments, no fees will be charged for this reason.
7. After exercising the right of withdrawal from the agreement, the Ordering Party is obliged to return the delivered Goods to the Seller in an unaltered state. The Goods should be sent back to the address: BizFlow Logistics Sp. z o.o., ul. Logistyczna 20, 05-825 Chlebnia, no later than 14 days from the day on which the Ordering Party informed the Seller about the withdrawal from the Agreement. The deadline is met if the Ordering Party sends back the item before the expiry of the 14-day period.
8. The Seller may withhold the refund of Payments, as referred to in § 9 sec. 6 above, until receipt of the returned Goods or proof of their return, whichever occurs first.
9. The Ordering Party is only liable for the reduction in the value of the Goods resulting from the use of the Goods in a manner other than that which was necessary to establish the nature, characteristics and functioning of the Goods.
10. The right to withdraw from an Agreement concluded at a distance does not exclude the Ordering Party's rights under the warranty for physical defects of the Goods.
11. The right to withdraw from an Agreement concluded at a distance does not apply to Ordering Parties who are not Consumers.
§ 10. Complaints
1. The Seller has an obligation to provide the Customer with Goods free from defects. The Seller is liable to the Customer under the warranty for physical and legal defects of the purchased Goods on the terms set out in the Civil Code.
2. All complaints, including complaints regarding Goods and the Ed Red store service, can be submitted: in writing, to the Seller's address; by e-mail, to the address: sklep@edred.pl;
3. The complaint should contain the details of the person making the complaint (first and last name, correspondence address, optionally – e-mail address and contact telephone number), an indication of the reason for the complaint and the content of the request. Where possible, complaints regarding Goods or delivery should also contain the Order number (it is visible in the Order confirmation). In the case of complaints regarding the Goods, the original or a copy of the proof of purchase (e.g., receipt or invoice) should be attached to the complaint.
4. Unless a shorter time for considering a complaint results from mandatory provisions of law, complaints are processed by the Seller within 30 working days from their receipt, subject to secs. 6 – 7 below.
5. The Seller will notify the person submitting the complaint about the resolution of the complaint by a letter sent to the address provided in the complaint or by e-mail – depending on the method of submitting the complaint.
6. Complaints regarding physical or legal defects of purchased Goods are handled in accordance with the provisions of the Civil Code on the warranty for defects. In the case referred to in Art. 561² § 1 of the Civil Code, the defective Goods should be delivered at the Seller's expense to the address: (Ed Red Store, ul. Zwierzyniecka 17/4, 31-103 Kraków)
7. If the Ordering Party who is a Consumer, on the basis of the provisions on the warranty for defects, requests the replacement of the Goods or the removal of the defect or submits a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within 14 days, it is considered that the Seller has deemed this request justified.
8. An Ordering Party who is a Consumer and who wants to obtain assistance with resolving a complaint may turn to the municipal or district consumer ombudsman, who provides free assistance and advice on the protection of Consumer interests.
9. Regardless of the rights resulting from the warranty for defects, the Customer may exercise rights resulting from the guarantee, if one has been granted for the given Goods.
10. If a guarantee has been granted for the given Goods, information on how to exercise the rights resulting from the guarantee and the entity responsible (guarantor) is contained in the guarantee statement (e.g., in the guarantee document that may be attached to the Goods in a given case).
11. Exercising rights from the guarantee does not affect the Seller's liability under the warranty.
§ 11. Personal data
1. The controller of personal data collected on the websites is Ed Red SA, ul. Zwierzyniecka 17/4, 31-103 Kraków. Data is processed for the purpose of creating and maintaining an Account and concluding and executing Agreements, including handling complaints. Providing data is voluntary, but necessary for creating an Account and fulfilling Orders. The persons to whom the data relates have the right to access the content of the data and the right to correct them.
2. The Customer has the right to withdraw their consent for the processing of personal data at any time.
3. Personal data will be stored for the period necessary for the execution of transactions in the Store and in cases specified in the Privacy Policy.
4. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that the processing of their personal data violates the law.
5. Additional information regarding the personal data and privacy of Ordering Parties and the cookies used by the Ed Red store is contained in the document entitled "Privacy Policy", available on the Ed Red store website in the "Privacy Policy" tab.
§ 12. Final provisions
1. In accordance with applicable law, the Seller informs that: it does not use ethical codes within the meaning of Art. 66¹ § 2 point 6 of the Civil Code or a code of good practice within the meaning of the regulations on counteracting unfair market practices; it does not collect deposits from Consumers nor demand other financial guarantees; it does not offer the supply of digital content nor does it conclude contracts for the supply of such content via the Ed Red store; it does not use alternative dispute resolution methods (out-of-court complaint handling and redress procedures), unless such an obligation results from mandatory provisions of law; it does not conclude sales agreements via the Ed Red store in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the sales agreement; it does not conclude sales agreements via the Ed Red store for alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations over which the Seller has no control; it does not conclude sales agreements via the Ed Red store by way of public auction.
Agreements with the Seller are concluded in Polish.
2. In matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the Act of 30 May 2014 on Consumer Rights and the Act of 18 July 2002 on the provision of services by electronic means shall apply.
3. Disputes are resolved by the competent common court determined in accordance with the provisions of the Act of 17 November 1964, the Code of Civil Procedure (consolidated text: Journal of Laws of 2020, item 1575, 1578, 2320, of 2021 item 11 as amended).
4. These Terms and Conditions are available in electronic version at www.sklep.edred.pl
5. The Seller reserves the right to introduce changes to these Terms and Conditions in the event of changes in legal regulations having a direct impact on the content of these Terms and Conditions or the imposition of specific obligations on the Seller by state authorities, changes in the Seller's data, as well as for the purpose of improving the operation of the website www.sklep.edred.pl and service to Ordering Parties, improving user privacy protection and preventing abuse.
6. The Seller will notify registered Ordering Parties about changes to the Terms and Conditions by e-mail. Information about the change to the Terms and Conditions is also posted in a visible manner on the Ed Red store website.
7. The amended Terms and Conditions are binding on Ordering Parties who do not close their Account in the Ed Red store within 14 days from the date of notification of the change to the Terms and Conditions, made in accordance with § 12 sec. 6 above. Closing an Account is done in the manner specified in § 6 sec. 5 of these Terms and Conditions.