terms &

conditions

ORDER PLACEMENT REGULATIONS

ON THE PLATFORM

WWW.DICTADOR.COM/STORE

§ 1. DEFINITIONS

  1. The terms used in these Regulations mean:
    1. Customer – any person who, under specific regulations, has legal capacity and the capacity to perform legal acts, placing an Order via the electronic order placement platform or using the service. If the Customer is a natural person, they must be an adult (at least 18 years old). The Customer may also be a legal entity or an organisational unit with legal capacity;
    1. Customer Account – a set of data and resources enabling the use of the Platform, including an individual order history of the Customer;
    1. Proxy – a natural or legal person authorised by the Customer to collect the Goods from the Store on their behalf or to make payment for the Goods, whose scope of operation is defined in a separate regulation;
    1. Platform – the electronic order placement platform operated by the Seller at www.dictador.com/store;
    1. Regulations – these regulations defining the rules for using the Platform;
    1. Reservation – an electronically provided service ensuring the availability of Goods in the Store and allowing the Customer to reserve specific Goods for potential future purchase under the conditions applicable on the date of Reservation, executed by the Platform Operator after the Customer performs the necessary actions on the Platform;
    1. Registration – actions taken on the Platform that lead to the creation of a Customer Account;
    1. Store – a stationary retail point operated by the Seller, located in Mikołów, at ul. Skośna 2, 43-190 Mikołów, where Orders can be placed using the Platform. The Store holds a permit issued to the Seller for selling alcoholic beverages for off-premises consumption;
    1. Seller – “Dictador Europe” sp. z o.o., with its registered office in Katowice, at 40-611 Katowice, ul. Fabryczna 15, with a share capital of PLN 4,000,000.00, NIP 6423098529, REGON 241221527, registered under KRS 0000330671 in the National Court Register – Register of Entrepreneurs, maintained by the Regional Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register; phone number: ……………, email address: ……………;
    1. Platform Operator – “Dictador Europe” sp. z o.o., with its registered office in Katowice, at 40-611 Katowice, ul. Fabryczna 15, with a share capital of PLN 4,000,000.00, NIP 6423098529, REGON 241221527, registered under KRS 0000330671 in the National Court Register – Register of Entrepreneurs, maintained by the Regional Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register.
    1. Sales Agreement – an agreement concluded between the Seller and the Customer in the Store, under which the Seller undertakes to transfer ownership of the Goods to the Customer and deliver them, and the Customer undertakes to collect the Goods and pay the Seller the price;
    1. Service – the Customer Account management service and the Reservation service;
    1. Goods – goods specified by type, presented on the Platform, available for purchase in the Store, including alcoholic beverages as defined by The Act on Upbringing in Sobriety and Countering Alcoholism;
    1. Order – a declaration of intent by the Customer aimed directly at Reserving Goods in the Store, specifying the type and quantity of Goods.
  2. The following legal provisions apply to these Regulations:
    1. Act of April 23, 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, consolidated text: Journal of Laws of 2023, item 1610, as amended) – referred to in the Regulations as the “Civil Code”;
    1. Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827, consolidated text: Journal of Laws of 2023, item 2759) – referred to in the Regulations as the “Consumer Rights”;
    1. Act of July 18, 2002, on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, consolidated text: Journal of Laws of 2020, item 344) – referred to in the Regulations as the “Electronic Services Act”;
    1. Act of October 26, 1982, on Sobriety Education and Countering Alcoholism (Journal of Laws of 1982, No. 35, item 230, consolidated text: Journal of Laws of 2023, item 2151) – referred to in the Regulations as the ” The Act on Upbringing in Sobriety and Countering Alcoholism”.

§ 2. GENERAL PROVISIONS

  1. These Regulations define the rules for using the Platform at www.dictador.com/store and constitute the document referred to in Article 8 of the Electronic Services Act. Customers may access the Regulations at any time via a link on the Platform’s website.
  2. The Platform Operator provides the following services to Customers via the Platform:
    1. The Reservation service;
    1. The Customer Account management service.
  3. Orders placed via the Platform are handled by “Dictador Europe” sp. z o.o., with its registered office in Katowice, at 40-611 Katowice, ul. Fabryczna 15, with a share capital of PLN 4,000,000.00, NIP 6423098529, REGON 241221527, registered under KRS 0000330671 in the National Court Register – Register of Entrepreneurs, maintained by the Regional Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register.
  4. The Regulations specify, in particular:
    1. The rules for Registration and use of the Customer Account, including use without account creation;
    1. The conditions and rules for making Reservations for Goods available in the Store via the Platform.
  5. The Platform Operator reserves Goods in the Store exclusively for adult Customers. Age verification is conducted during personal collection at the Store. The Store reserves the right to verify age by inspecting an appropriate identification document, as permitted by Article 15(2) of The Act on Upbringing in Sobriety and Countering Alcoholism.
  6. Information about Goods on the Platform, including descriptions and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
  7. Reservations of Goods and sales of Goods reserved during placing an Order take place exclusively at the Store located at ul. Skośna 2, 43-190 Mikołów.

§ 3. RULES FOR USING THE PLATFORM

1. In order to use the Platform, Customers must either make a one-time Reservation of Goods or create a Customer Account by completing and submitting the registration form with necessary personal data.

  • The Platform Operator may suspend or restrict access to the Platform for Customers violating the Regulations, especially if they:

2.1 Provide false personal data, particularly regarding their age;

2.2 Use the Platform contrary to its purpose, law, or social norms;

2.3 Use the Platform in a way that infringes upon the rights of third parties.

  • Repeated reservation – after applying 1.2 – is made possible only with the agreement of the Platform Operator.
    • The Platform Operator takes technical and organisational measures to prevent unauthorised access and modification of transmitted personal data.
    • Customers are in particular obliged to:
    • Use the Platform in a manner that does not disrupt its functioning or inconvenience other users;
    • Not submit unlawful content e.g., promoting violence, defamation, violating personal rights, or spam.
    • Comply with the Regulations, Privacy Policy, and applicable laws.

§ 4. CUSTOMER ACCOUNT SERVICE

  1. The agreement for the Customer Account service is concluded upon completing and submitting by the User the registration form allowing Registration within the Platform, at the moment of pressing the “Registration” button.
  1. The agreement for the provision of the Customer Account service is concluded indefinitely.
  2. Confirmation of the agreement for the Customer Account service is sent via email, to the address appointed by the User.
  3. The Customer may terminate the agreement at any time and without providing a reason via the appropriate form on the Platform. The termination does not affect the completion of Reservations made by the Customer prior to terminating the Agreement for the provision Customer Account service management and is effective upon submitting it to the Platform Operator.
  4. In the case of persistent violations of the Regulations by the Customer, the agreement for the provision of the Customer Account service may be terminated with immediate effect by the Platform Operator, of which the Customer will be notified by the Platform Operator via email.

§ 5. RESERVATION PROCEDURE FOR GOODS

  1. To reserve Goods in the Store via the Platform, the Customer must visit the website www.dictador.com/store, select the Goods, and follow the instructions and prompts displayed on the Platform. Then, it will be necessary to provide the personal data required for Order processing or to log into the Customer Account. The Customer may initiate the Reservation process both via an established Customer Account and without one.
  2. The Customer selects the ordered Goods by adding them to the cart. The Customer has the right to modify the contents of the cart until the Reservation is completed. The Customer selects the Goods, their quantity, the payment method, and the method of collection – personally or via a Proxy.
  3. During the Order placement process – until the “Reserve with Obligation to Pay” button is pressed – the Customer can modify the entered or selected data.
  4. By making a Reservation, the Customer confirms awareness that its execution entails an obligation to pay the price.
  5. The Sales Agreement for the Goods between the Seller and the Customer is concluded exclusively in the Store at the address specified in the Regulations.
  6. After the Customer using the Platform has provided all necessary data, a summary of the placed Order will be displayed. The Order summary will include information regarding:
    6.1. the subject of the Order,
    6.2. the Order processing time,
    6.3. the unit and total price of the ordered Goods, along with any additional costs (if applicable), such as the Proxy’s fee for collecting and delivering the Goods to the Customer if the Customer has chosen to use their services,
    6.4. the selected payment method,
    6.5. the Proxy’s timeframe and mode of operation.
  7. To send the Order to the Store, it is necessary to accept the content of the Regulations, provide truthful personal data marked as mandatory, and press the “Reserve with Obligation to Pay” button. The above, except for pressing the “Reserve with Obligation to Pay” button, does not apply to Customers with a valid and active Customer Account on the Platform.
  8. Sending the Order by the Customer constitutes a declaration of intent to conclude a Reservation Agreement for the Goods with the Store, in accordance with the content of the Regulations, including the obligation to pay for the Goods.
  9. After placing the Order, the Customer will receive an email containing the final confirmation of all essential Order details, including the price.
  10. The Reservation Agreement is considered concluded once the Store confirms acceptance of the Order for processing.
  11. The place of conclusion and execution of the Reservation Agreement for the Goods is the Store located in Mikołów, at ul. Skośna 2, 43-190 Mikołów. The Goods will only be issued to the Customer in the aforementioned Store. The conclusion of the Sales Agreement for the reserved Goods and their collection is only possible during the Store’s operating hours.
  12. Issuance of Reserved Goods:
    12.1. The issuance of Goods, the transfer of ownership, and the conclusion of the Sales Agreement take place at the sales point in the Store located in Mikołów, ul. Skośna 2, 43-190 Mikołów. The Seller does not provide shipping services for the Goods.
    12.2. The Customer is required to collect the Goods personally at the Store. At the Customer’s request, the Goods may be issued to their Proxy in the Store – this matter is regulated by a separate regulation. The issuance of reserved Goods to the Proxy is treated as issuance to the Customer.
    12.3. To issue the Goods to the Proxy, the Customer must grant an appropriate power of attorney under the terms set out in a separate regulation. The Customer shall bear the cost of appointing the Proxy independently.
    12.4. If the Customer intends to use the Proxy’s services, the Customer authorises the Platform Operator to issue the Goods purchased by the Customer to the Proxy.
    12.5. If the Customer intends to use the Proxy’s services, the Customer authorises the Platform Operator to transfer the Proxy’s fee collected from the Customer.
    12.6. The Customer declares that the Goods will be collected by an adult who is not intoxicated. The Seller is authorised to verify the age of the person collecting the Goods.
  13. The Seller reserves the right to cancel the Reservation or refuse to issue the reserved Goods in the following situations:
    13.1. The Goods are unavailable in sufficient quantity to fulfil the Reservation.
    13.2. The recipient of the Goods refuses to present a document confirming they have reached the legal drinking age.
    13.3. The recipient of the Goods is intoxicated.
  14. The Seller will make every effort to process Reservations as quickly as possible. The Customer will be notified by email about the possibility of purchasing the reserved Goods and collecting them at the Store within no more than 5 business days from the Reservation date. The Seller reserves the right to extend this timeframe due to circumstances beyond their control, which the Seller must inform the Customer about via phone or email.
  15. Goods prices are provided in Polish zlotys and include all applicable charges, including VAT (with the specified rate) and any other fees. The price of the Goods at the time of Reservation is binding for both the Seller and the Customer until the Goods are collected or the Reservation is cancelled.
  16. The Customer may make payment using the following methods:
    16.1. Bank transfer to the account number
    16.2. Payment via the system
    16.3. Direct payment at the Store, either in person or via a Proxy.
    16.4. Other options available on the Platform.

§ 6. COMPLAINTS

  1. Complaints should be submitted:
    1.1. In paper form – by mail to the Store’s address provided in the Regulations.
    1.2. By email – to the Seller’s email address specified in the Regulations.
  2. If the complaint requires additional information, the Seller will request the Customer to provide it before reviewing the complaint.
  3. The Seller commits to processing complaints submitted by the Customer within 14 days from the date of submission or completion by the Buyer. If the Seller does not respond within the specified period, the complaint is deemed justified.
  4. The provisions of this paragraph do not apply to defects in Goods that were disclosed by the Store at the latest at the time of Reservation.
  5. The Store is liable under warranty for defects in the Goods if the defect is found within two years of issuing the Goods to the Customer. However, the Seller’s warranty liability towards Business Buyers is entirely excluded, except for Business Buyers with consumer rights.
  6. If the Buyer finds that the reserved and subsequently collected Goods are defective, the Buyer must inform the Seller on the same day.
  7. A complaint should include: the Customer’s details, information about the Goods and Order, a description and date of the defect, and the Customer’s request. The Customer must also provide the original or a copy of the proof of purchase or other evidence confirming the purchase of the complained Goods and return the defective Goods to allow complaint processing.

§ 7. CONTRACT WITHDRAWAL

  1. Before confirming the data while placing an Order, the Customer consents to the full performance of the Reservation Service by the Platform Operator before the expiry of the withdrawal period. At the same time, the Customer is informed that such consent results in the loss of the right to withdraw from the contract within 14 days of its conclusion, in accordance with Article 38(1) of the Consumer Rights Act of May 30, 2014.
  2. A Consumer Customer may withdraw from Service Agreements mentioned in the Regulations within 14 days without stating a reason and without incurring costs. However, if the Reservation Service has already been fully performed with prior consent, the right of withdrawal will not apply.
  3. The withdrawal period begins on the day the contract was concluded.
  4. The Consumer Customer may withdraw from any Service Agreement by submitting a declaration of withdrawal to the Platform Operator’s designated email address or via the Customer Account.

§ 8. PERSONAL DATA PROTECTION

7.1. The Seller is the Administrator of the personal data of Customers and their Proxies.
7.2. As the Administrator, the Seller processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Personal Data Protection Act of May 10, 2018 (Journal of Laws of 2018, item 1000, consolidated text: Journal of Laws of 2019, item 1781), and other applicable personal data protection regulations. Processing takes place for the purpose of executing the Order.
7.3. All detailed rules regarding the processing of personal data, including in particular the purposes and legal bases for processing and the rights of Buyers as data subjects, are included in the Privacy Policy.

§ 9. FINAL PROVISIONS

1.1. The Platform Operator reserves the right to impose restrictions on the use of the Platform due to its technical maintenance, repairs, or improvements to its functionality. At the same time, the Platform Operator commits to making every effort to ensure that such restrictions and interruptions occur during nighttime hours and last as briefly as possible.
1.2. The Platform Operator reserves the right to amend these Regulations. Changes take effect at the time explicitly indicated by the Seller, but not earlier than 7 days from the date of their announcement. Orders placed before the changes take effect will be processed under the terms applicable at the time of placement. A Customer who does not agree to the changes introduced in these Regulations should discontinue further use of the Platform.
1.3. All disputes will be resolved amicably or in the presence of an independent and impartial mediator.
1.4. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply.
1.5. The Regulations are effective from the date [-].