Terms and Conditions - Awaryjny Słoik Online Store

defining, among others, the rules for concluding sales contracts through the Store and at vending machines, containing the most important information about the Seller, the Store, and Consumer rights

TABLE OF CONTENTS

• § 1 Definitions
• § 2 Contact with the Seller
• § 3 Technical Requirements
• § 4 Purchases in the Store and Vending Machines
• § 5 Jar Deposit System
• § 6 Payments
• § 7 Order Fulfillment
• § 8 Right of Withdrawal from Contract
• § 9 Exceptions to the Right of Withdrawal
• § 10 Claims
• § 11 Personal Data
• § 12 Reservations
• § 13 Provisions for Buyers Who Are Not Consumers
• Annex No. 1: Withdrawal Form Template

§ 1 Definitions

Vending Machine or Venloop – Awaryjny Słoik vending machine (reverse vending machine) where Buyers can purchase products and return empty jars.

Business Days – days from Monday to Friday except statutory holidays.

Deposit – amount charged when purchasing a product in a reusable jar, refunded to the Buyer upon returning the empty jar at a Vending Machine.

Account – free Store function (electronic service) allowing Buyers to create their individual Account in the Store.

Consumer – consumer within the meaning of Civil Code provisions.

Buyer – any entity purchasing in the Store or Vending Machine.

Terms – these terms and conditions.

Store – Awaryjny Słoik online store operated by the Seller at https://www.awaryjnysloik.pl.

Jar – reusable glass packaging in which food products are delivered.

Seller – Challengeen Sp. z o.o. with registered office at ul. Wielkopolska 65/12, 80-180 Gdańsk, Poland, entered in the National Court Register - register of entrepreneurs by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division, under KRS number 0000969590, Tax ID (NIP) 5833449956, REGON 521926257.

§ 2 Contact with the Seller

1. Postal address: ul. Wielkopolska 65/12, 80-180 Gdańsk, Poland
2. Email address: kontakt@awaryjnysloik.pl
3. Phone: +48 537 291 807 (Mon-Fri: 9:00-17:00)

§ 3 Technical Requirements

1. For proper Store functioning, the following is required:
   • device with Internet access
   • web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to requirements specified in section 1, an active email account is required.
3. To make a purchase at a Vending Machine, the following is required:
   • mobile device with Internet access or
   • web browser with access to the Store
   • active Account with attached payment card.

§ 4 Purchases in the Store and Vending Machines

Online purchases (home delivery)

1. Product prices visible in the Store are total prices, with separately indicated Jar deposit (if applicable).
2. The Seller notes that the total order price consists of: product price, Jar deposit, and, if applicable, delivery costs.
3. Selected products should be added to the Store cart.
4. Then the Buyer selects from available options: delivery method and payment method, and provides data necessary to complete the order.
5. An order is placed when its content is confirmed and Terms are accepted by the Buyer.
6. Placing an order is equivalent to concluding a sales contract between the Buyer and Seller.
7. The Seller will provide the Consumer with confirmation of the sales contract on a durable medium no later than at the time of product delivery.

Purchases at Vending Machine (Venloop)

8. Buyers can make purchases directly at Awaryjny Słoik Vending Machines.
9. To make a purchase at a Vending Machine, the Buyer must:
   1. Be logged into the app or Store website,
   2. Have an active Account with attached payment card (Stripe),
   3. Accept the terms at first Vending Machine use.
10. Purchase process at Vending Machine:
11. Buyer selects "Open" in app or at Vending Machine,
12. System temporarily reserves amount on card (authorization),
13. Vending Machine opens automatically,
14. Buyer takes selected products,
15. System automatically detects taken products (scales),
16. Buyer closes Vending Machine,
17. System calculates final amount and finalizes payment,
18. Buyer receives purchase confirmation.
19. For Vending Machine purchases, Buyer receives transaction confirmation electronically (email/app).
20. Buyers can register in the Store to create an Account, or make purchases without registration by providing data with each online order. Vending Machine purchases require having an Account.

§ 5 Jar Deposit System

1. Products sold in Jars are subject to a deposit system.
2. When purchasing a product in a Jar, the Buyer pays:
   • product price (meal),
   • Jar deposit (refundable).
3. Deposit amount per Jar is clearly indicated for each product.
4. Buyers can return empty Jars at any Awaryjny Słoik Vending Machine, regardless of purchase location.
5. Deposit refund occurs automatically to the payment card assigned to the Account within 24 hours of Jar return.
6. Jars can be returned without time limit – the system remembers Jars purchased by the Buyer.
7. Conditions for deposit refund:
   • Jar is clean and undamaged,
   • Jar was purchased in the Awaryjny Słoik system (identifiable in the system).
8. Jar deposit refund is independent of the right to withdraw from the product sales contract.

§ 6 Payments

1. For placed orders, payment can be made, depending on Buyer's choice:
   1. by payment card (Stripe):
      • Visa
      • Visa Electron
      • MasterCard
      • Maestro
   2. by regular bank transfer to Seller's account (online orders only).
2. For Vending Machine purchases, payment is only by payment card saved in Buyer's Account.
3. Card payment processing is provided by Stripe, Inc.
4. If the Buyer selects advance payment (online orders), payment should be made within 2 Business Days of placing the order.
5. The Seller informs that for certain payment methods, due to their specifics, payment can only be made immediately after placing the order.
6. Buyers making purchases in the Store accept electronic invoicing by the Seller. Buyers have the right to withdraw this acceptance.

§ 7 Order Fulfillment

1. The Seller is obliged to deliver goods without defects.
2. Order fulfillment time is indicated in the Store.
3. If the Buyer selected advance payment, the Seller will proceed with order fulfillment after payment.
4. If the Buyer purchased goods with different fulfillment times in one order, the order will be fulfilled within the time appropriate for the product with the longest term.
5. Goods are delivered only within the territory of the Republic of Poland.
6. Goods purchased in the Store (online orders) are delivered depending on the delivery method chosen by the Buyer:
   1. via courier company,
   2. to InPost parcel lockers.
7. Goods purchased at Vending Machines are issued immediately at the purchase location.

§ 8 Right of Withdrawal from Contract

1. Consumers have the right to withdraw from contracts concluded with the Seller through the Store (online orders with delivery), subject to § 9 of the Terms, within 14 days without giving any reason.
2. The right of withdrawal does not apply to purchases made at Vending Machines (direct sales).
3. The withdrawal period expires 14 days from:
   1. the day the Consumer took possession of the goods or a third party other than the carrier indicated by the Consumer took possession,
   2. the day the Consumer took possession of the last item or a third party other than the carrier indicated by the Consumer took possession of the last item in case of a contract obliging to transfer ownership of multiple items delivered separately,
   3. contract conclusion – for digital content contracts.
4. To exercise withdrawal rights, the Consumer must inform the Seller, using data provided in § 2 of the Terms, of the decision to withdraw through an unequivocal statement (e.g., letter sent by post or email).
5. The Consumer may use the withdrawal form template at the end of the Terms, but this is not mandatory.
6. To meet the withdrawal deadline, it is sufficient that the Consumer sends information regarding exercise of withdrawal rights before the withdrawal period expires.

Effects of withdrawal from contract

7. Upon withdrawal, the Seller will refund all payments received from the Consumer, including delivery costs (except additional costs resulting from the Consumer's chosen delivery method other than the cheapest standard delivery offered by the Seller), immediately, and in any case no later than 14 days from the day the Seller was informed of the Consumer's decision to exercise withdrawal rights.
8. The Seller will make the refund using the same payment methods used by the Consumer in the original transaction, unless the Consumer agrees to another solution; in any case, the Consumer will not incur any fees related to this refund.
9. The Seller may withhold the refund until receiving the goods back or until receiving proof of shipment, whichever occurs first.
10. The Seller requests returning goods to: Challengeen Sp. z o.o., ul. Wielkopolska 65/12, 80-180 Gdańsk, Poland, promptly, and in any case no later than 14 days from the day the Consumer informed the Seller of withdrawal. The deadline is met if the Consumer sends back goods before the 14-day period expires.
11. The Consumer bears direct costs of returning goods.
12. The Consumer is only liable for diminished value of goods resulting from handling other than necessary to establish the nature, characteristics, and functioning of goods.
13. If goods cannot be returned by regular post due to their nature, the Consumer will also have to bear direct return costs. The Consumer will be informed of estimated costs in the product description or during ordering.
14. If a refund is necessary for a transaction made by payment card, the Seller will refund to the bank account associated with that card.
15. Note: Returning empty Jars and recovering deposits is possible regardless of withdrawal from contract – see § 5.

§ 9 Exceptions to the Right of Withdrawal

1. The right to withdraw from a distance contract does not apply to Consumers regarding contracts:
   1. where the subject is a non-prefabricated item produced according to Consumer specifications or serving individualized needs;
   2. where the subject is an item subject to rapid deterioration or having a short shelf life;
   3. where the subject is an item delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if packaging was opened after delivery;
   4. where the subject consists of items that, after delivery, become inseparably mixed with other items due to their nature;
   5. where the subject consists of audio or video recordings or computer programs delivered in sealed packaging, if packaging was opened after delivery;
   6. for delivery of newspapers, periodicals, or magazines, except subscription contracts;
   7. where price or remuneration depends on financial market fluctuations beyond the entrepreneur's control that may occur before withdrawal deadline;
   8. for digital content supply not recorded on tangible medium, if performance began with Consumer's express consent before withdrawal deadline and after informing them of loss of withdrawal rights.
2. Withdrawal rights also do not apply to purchases made directly at Vending Machines (off-premises or distance contracts with immediate execution).

§ 10 Claims

1. In case of product defect, Buyers may claim defective goods based on warranty regulated in the Civil Code or guarantee, if provided.
2. Using warranty, Buyers may, on terms and within time limits specified in the Civil Code:
   1. submit a statement of price reduction,
   2. for significant defects – submit a statement of withdrawal from contract,
   3. demand replacement with defect-free goods,
   4. demand defect removal.
3. The Seller requests submitting warranty claims to postal or email addresses specified in § 2 of the Terms.
4. In claim submissions, Buyers should provide:
   1. Defect description,
   2. Order number (if available) or purchase date,
   3. Contact phone number,
   4. Demand (replacement, price reduction, defect removal, withdrawal).
5. If claim processing requires delivering claimed goods to the Seller, the Buyer is obliged to deliver goods, at the Seller's cost for Consumers, to: Challengeen Sp. z o.o., ul. Wielkopolska 65/12, 80-180 Gdańsk, Poland.
6. Important: When sending claimed goods, please include a note with contact phone number – this will enable quick contact regarding claim resolution.
7. If additional warranty was provided for goods, information about it and its conditions is available in the product description in the Store.
8. Claims regarding Store or Vending Machine operation should be directed to the email address specified in § 2 of the Terms.
9. Claim processing by the Seller will occur within 14 days.

Alternative dispute resolution methods

10. If claim proceedings do not bring expected results for the Consumer, the Consumer may use:
11. mediation conducted by territorially competent Provincial Trade Inspection. List of Inspectorates: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
12. assistance from territorially competent permanent consumer arbitration court. List of courts: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
13. free assistance from municipal or district Consumer Ombudsman;
14. ODR online platform: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 11 Personal Data

1. The controller of personal data provided by Buyers while using the Store or Vending Machines is the Seller. Detailed information regarding personal data processing by the Seller – including other purposes and bases for processing, as well as data recipients – can be found in the Store's Privacy Policy – in accordance with transparency principle contained in the General Data Protection Regulation (GDPR).
2. The purpose of processing Buyer data provided in connection with Store or Vending Machine purchases is order fulfillment and deposit system settlement. The basis for personal data processing is:
   • sales contract or actions taken at Buyer's request leading to its conclusion (Article 6(1)(b) GDPR),
   • legal obligation incumbent on the Seller related to accounting (Article 6(1)(c)),
   • legitimate interest of the Seller, consisting in data processing to establish, pursue, or defend possible claims (Article 6(1)(f) GDPR).
3. Providing data by the Buyer is voluntary but necessary to conclude a sales contract. Not providing data will prevent concluding a sales contract in the Store or making a purchase at a Vending Machine.
4. Buyer data provided in connection with Store or Vending Machine purchases will be processed until:
   1. the sales contract between Buyer and Seller ceases to be binding;
   2. the legal obligation requiring the Seller to process Buyer data ceases;
   3. possibility of pursuing claims by Buyer or Seller related to sales contract ceases;
   4. Buyer's objection to processing personal data is accepted – when the basis for processing was the Seller's legitimate interest.
      – depending on what applies and occurs latest.
5. The Buyer has the right to request:
   1. access to personal data,
   2. rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller,
   6. objection at any time to data processing for reasons related to Buyer's particular situation – to processing of personal data based on Article 6(1)(f) GDPR (i.e., legitimate interests pursued by controller).
6. To exercise rights, Buyers should contact the Seller using data from § 2 of the Terms.
7. If Buyers believe data is being processed unlawfully, they may lodge a complaint with the President of the Personal Data Protection Office.

§ 12 Reservations

1. Providing unlawful content by Buyers is prohibited.
2. Each order placed in the Store constitutes a separate sales contract and requires separate Terms acceptance. Contracts are concluded for the duration and purpose of order fulfillment.
3. Each purchase at a Vending Machine constitutes a separate sales contract. The first transaction at a Vending Machine requires Terms acceptance.
4. Contracts concluded under these Terms are made in Polish.
5. None of these Terms provisions exclude or in any way limit Consumer rights under law.
6. Provisions regarding goods and sales contracts apply accordingly to digital content and digital content supply contracts, unless the Terms specify these matters separately.
7. The Seller reserves the right to change the Terms for important reasons (legal changes, system modernization). Buyers will be informed of changes 7 days in advance.

§ 13 Provisions for Buyers Who Are Not Consumers

1. The right to withdraw from distance contracts does not apply to entities other than Consumers.
2. All Seller liability toward Buyers who are not Consumers, within legally permitted limits, is excluded.
3. In case of dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the Seller's registered office.

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Annex No. 1 to the Terms

Below is a withdrawal form template that Consumers may, but are not required to, use:

WITHDRAWAL FORM TEMPLATE
(complete and return this form only if you wish to withdraw from the contract)

Challengeen Sp. z o.o.
ul. Wielkopolska 65/12
80-180 Gdańsk, Poland
email address: kontakt@awaryjnysloik.pl

• I/We() hereby inform about my/our withdrawal from the sales contract for the following goods() / provision of the following service() / supply of digital content in the form():
  ....................................................................................................................................................................................................................................
  ....................................................................................................................................................................................................................................
  ....................................................................................................................................................................................................................................

• Date of contract conclusion()/receipt() ..........................................................................................................................

• Consumer name(s): ..........................................................................................................................

• Consumer address(es): ..........................................................................................................................................
  ..................................................................................................................................................................................

.............................................................................................
Consumer signature
(only if form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

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Account Terms

Awaryjny Słoik store

TABLE OF CONTENTS

• § 1 Definitions
• § 2 Contact with the Seller
• § 3 Technical Requirements
• § 4 Account
• § 5 Claims
• § 6 Personal Data
• § 7 Reservations

§ 1 Definitions

Account – free Store function (service) regulated in these terms, allowing Buyers to create their individual Account in the Store.

Buyer – any entity purchasing in the Store or using Vending Machines.

Store – Awaryjny Słoik online store operated by the Seller at https://www.awaryjnysloik.pl.

Seller – Challengeen Sp. z o.o. with registered office at ul. Wielkopolska 65/12, 80-180 Gdańsk, Poland, KRS 0000969590, Tax ID (NIP) 5833449956, REGON 521926257.

§ 2 Contact with the Seller

1. Postal address: ul. Wielkopolska 65/12, 80-180 Gdańsk, Poland
2. Email address: kontakt@awaryjnysloik.pl
3. Phone: +48 537 291 807

§ 3 Technical Requirements

1. For proper functioning and Account creation, the following is required:
   • active email account
   • device with Internet access
   • web browser supporting JavaScript and cookies

§ 4 Account

1. Account creation is completely voluntary and depends on Buyer's will.
2. Account provides Buyers with additional capabilities, such as:
   • viewing order history placed in the Store,
   • viewing transaction history at Vending Machines,
   • checking order status,
   • self-editing data,
   • saving payment cards (Stripe),
   • tracking Jar returns and deposits,
   • viewing favorite products.
3. To create an Account, complete the appropriate form in the Store.
4. Upon Account creation, an indefinite-term contract is concluded between Buyer and Seller regarding Account management on terms specified in these terms.
5. Buyers may cancel their Account at any time without incurring any costs.
6. To cancel an Account, send cancellation to the Seller at: kontakt@awaryjnysloik.pl, which will result in immediate Account deletion and contract termination regarding Account management.
7. Account deletion does not affect the ability to pursue claims related to previous transactions.

§ 5 Claims

1. Claims regarding Account functioning should be directed to: kontakt@awaryjnysloik.pl.
2. Claim processing by the Seller will occur within 14 days.

Alternative dispute resolution methods

3. If claim proceedings do not bring expected results for the Consumer, the Consumer may use:
   1. mediation – https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. permanent consumer arbitration court – https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance from Consumer Ombudsman;
   4. ODR platform: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 Personal Data

1. The controller of personal data provided by Buyers while using the Account is the Seller. Details in Privacy Policy (GDPR).
2. Purpose of processing: Account management and enabling Vending Machine purchases. Basis: contract (Article 6(1)(b) GDPR) and Seller's legitimate interest (Article 6(1)(f) GDPR).
3. Providing data is voluntary but necessary for Account management and Vending Machine purchases.
4. Buyer data will be processed until:
   1. Account is deleted,
   2. possibility of pursuing Account-related claims ceases,
   3. objection to processing based on Article 6(1)(f) GDPR is accepted.
      – depending on what occurs latest.
5. Buyer rights: access, rectification, erasure, restriction, data portability, objection (Article 6(1)(f) GDPR).
6. Exercising rights: contact Seller. Complaint to PUODO – in case of violations.

§ 7 Reservations

1. Providing unlawful content by Buyers is prohibited.
2. Account management contracts are concluded in Polish.
3. The Seller may change Account terms for important reasons:
   • legal compliance,
   • service security improvement,
   • Account functionality changes.
4. Buyers will be informed of planned terms changes at least 7 days in advance by email.
5. Lack of acceptance – notification to kontakt@awaryjnysloik.pl (effect: contract termination on the day changes take effect or earlier upon request).
6. Lack of objection by the time changes take effect means acceptance (does not exclude later contract termination).
7. Disputes with non-Consumers – court competent for Seller's registered office.
8. Terms provisions do not limit Consumer rights.

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Newsletter Terms

Awaryjny Słoik store

§ 1 Definitions

Consumer – consumer within the meaning of Civil Code provisions.

Newsletter – free electronic service allowing Service Recipients to receive electronically from Service Provider previously ordered messages about the Store, including information about offers, promotions, and news.

Store – Awaryjny Słoik online store operated by Service Provider at https://www.awaryjnysloik.pl.

Service Provider – Challengeen Sp. z o.o., ul. Wielkopolska 65/12, 80-180 Gdańsk, Poland, KRS 0000969590, Tax ID (NIP) 5833449956, REGON 521926257.

Service Recipient – any entity using Newsletter service.

§ 2 Newsletter

1. Service Recipients may voluntarily use Newsletter service.
2. Requirements: device with current browser (JavaScript, cookies), Internet access, active email account.
3. Email messages are sent to the address provided during Newsletter subscription.
4. To conclude Newsletter contract, Service Recipient provides email in subscription form. Upon subscription, service contract is concluded (subject to section 5).
5. For proper service delivery, Service Recipient provides valid email address.
6. Each message contains information and unsubscribe link.
7. Unsubscription possible at any time via link or email to Service Provider: kontakt@awaryjnysloik.pl.
8. Using link or sending unsubscription request results in immediate Newsletter contract termination.

§ 3 Claims

1. Newsletter claims: kontakt@awaryjnysloik.pl.
2. Processing time: 14 days.

Alternative dispute resolution methods

3. If proceedings do not bring expected results, Consumer Service Recipients may use:
   1. mediation – https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. consumer arbitration court – https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. Consumer Ombudsman assistance;
   4. ODR platform – https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 Personal Data

1. Controller of Newsletter-related data is Service Provider. Details in Privacy Policy (GDPR).
2. Purpose: Newsletter sending. Basis: contract (Article 6(1)(b) GDPR) and legitimate interest (Article 6(1)(f) GDPR).
3. Providing data is voluntary but necessary for Newsletter service.
4. Data will be processed until:
   1. Newsletter unsubscription,
   2. claims possibility ceases,
   3. objection to Article 6(1)(f) GDPR based processing is accepted.
      – depending on what occurs latest.
5. Service Recipient rights: access, rectification, erasure, restriction, data portability, objection (Article 6(1)(f) GDPR).
6. Exercising rights: contact Service Provider. Complaint to PUODO – in case of violations.

§ 5 Final Provisions

1. Service Provider may change Newsletter terms for important reasons (service modernization or legal changes).
2. Information about changes will be sent to Service Recipient's email at least 7 days before changes take effect.
3. Lack of objection by the time changes take effect means acceptance.
4. In case of non-acceptance – message to kontakt@awaryjnysloik.pl; contract terminates on the day changes take effect.
5. Providing unlawful content by Service Recipients is prohibited.
6. Disputes with non-Consumer Service Recipients – court competent for Service Provider's registered office.
7. Newsletter service contract is concluded in Polish.

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Last update: December 2024