§1
General Provisions
1. These Regulations determine principles for the operation and use of the online store located at the Internet address: https://sklep.xl-energy.com/. The Regulations also specify:
a) the rights and obligations of the Seller and the User;
b) the rules for performing Contracts via the online store;
c) rules for setting up and using Accounts on the online store.
2. Using the online store means that the User has read the Regulations in force at the time of using the Website and agrees to its provisions and undertakes to comply with them.
§2
Definitions
If nothing else results from the content of individual provisions, the terms written in the Regulations with a capital letter have the following meanings:
1. Account – A digital record maintained for the User by the Seller, which collects the User’s data and information about their activities within the online store. Access to the Account is granted after logging in (entering the login and password). Through the Account, the User can enter and manage their data, review the history of their orders for Products, and also place orders, make complaints, and submit declarations of withdrawal from the Agreement.
2. Products – This refers to goods offered by the Seller for retail sale on the online store, including in particular, XL energy drinks.
3. Regulations – These are the regulations for providing services by the Seller through electronic means.
4. Online Store – A website located at the following address: [https://sklep.xl-energy.com/], administered by the Seller, and designed to provide electronic services to Users;
5. Seller – XL Energy Marketing sp. o.o. seated at ul. Złota 59, 00-120 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register, no. KRS 183133, Tax Identification Number: 525-229-48-31, REGON: 015598075. The Seller is also a service provider within the meaning of art. 2 point 6 of the Act of 18 July 2002 on the provision of electronic services;
6. Agreement – A product sales agreement, concluded via the online store, between the User and the Seller;
7. User – Any natural person with full legal capacity, a legal entity, or an entity with limited legal capacity, who uses the online store in any capacity;
8. Order – An offer (as defined in the Civil Code) made by the User to purchase a specific quantity and type of Products.
§3
Technical Requirements
1. A prerequisite for using the online store is for the User to have a device that allows access to the Internet, including a program for browsing its resources and accepting “cookies”. For the website to function properly, it is required to use one of the following browsers: MSIE 7 or higher, Firefox 3.X or higher, Opera 9.X or higher, Google Chrome, Safari 4.X or higher, or EDGE. Additionally, in order to create an account and purchase products via the online store, the User must have an active email account.
§4
Account On The Online Store
1. In order to create an Account on the online store, the User should complete the registration by providing: name and surname or company (applies to Users who are legal persons or without corporate status), active e-mail address. Additionally, the User should define the password for the Account. The e-mail address provided by the User when entering the Account will be his / her login. The condition to create an Account is to read the Regulations by the User and accept its provisions and to agree to the processing of his personal data by the Seller in accordance with.
2. The e-mail address provided by the User, constituting his login to the Account, may not violate any rights of third parties. The Seller has the right to refuse to create an Account or to delete it in the event that the e-mail address provided by the User constituting his login will infringe the rights of third parties.
3. The password for the Account should consist of at least 8 characters (including small, capital letters and numbers). The User is obliged to keep the password securing access to the Account secret and not to disclose it to third parties. If the data enabling access to the Account has been taken over by third parties, the User is obliged to immediately inform the Seller about this fact in order to clarify the circumstances of the takeover and to secure the Account against unauthorized use.
4. After completing the registration form, the e-mail address provided in it will be sent, among others message containing a link that the User should click to confirm the creation of the Account. Failure to confirm the registration within 7 days from the date of receipt of the e-mail referred to in the previous sentence will mean resignation from the wish to open an Account.
5. The User may have only one Account on the online store.
6. The User may at any time delete the Account by clicking the “delete Account” button. Removal of an Account from the online store ceasing to process the personal data of a given User by the Seller.
§5
The Rules of Entering into Sales Contracts for Products
1. The Seller allows the conclusion of Agreements and provides other services provided for in these Regulations.
2. Conclusion of the Agreement requires submission of the Order by the User, by correctly filling in the order form and confirming the fact of reading the Regulations.
3. The User may place an order without creating an Account.
4. Orders may be placed via the online store 24 hours a day, on all days of the week.
5. The User should indicate in the order form:
a) the type of Products ordered;
b) the number of ordered Products;
c) the name and surname of the recipient of the ordered Products;
d) the exact delivery address on the territory of Poland;
e) the chosen payment method.
6. If the User wishes to receive an invoice, he should also indicate the tax identification number /NIP number.
7. Until the approval of the Products selection by clicking the “Order and pay” button, the User has the option of making changes and modifications of the Products in the Order, as well as contact details for dispatch or invoice.
8. In one Order, the User can order a maximum of 96 cans of XL beverage.
9. Approval of the Order by the User in accordance with § 5 section 5 is the User’s offer to the Seller regarding the conclusion of the Agreement, in accordance with the content of the Order and the Regulations.
10. Immediately after placing the Order in accordance with § 5 section 7, the User will receive to the e-mail address a message entitled “New order” with confirmation of receipt by the Seller of the Order, containing information about the placed Order.
11. After the User has paid for the Order and posted this payment to the Seller’s bank account or receipt by the Seller of the appropriate authorization from the entity performing the payment, the User will receive a message entitled “Order confirmed” to the e-mail address provided, which means that it has been concluded between the User and the Seller of the Contract for the sale of the Products ordered by the User under the conditions indicated in this Order and in these Regulations.
12. Without prejudice to the User’s right to withdraw from the Agreement in accordance with the applicable provisions of law, the User may resign from the Order until the payment is made for them. For this purpose, he should choose the appropriate option in his Account or send an e-mail from the e-mail address provided when placing the Order, to the address sklep@xl-energy.com with a statement of resignation from a specific Order by providing his number.
13. The Seller reserves the right to refuse to execute the Order, if:
a) the contact details of the User are so vague that they prevent the delivery of Products; or
b) the transaction has not been authorized in the PayU electronic payment system (if this method of payment is chosen).
14. The sale of energy drinks is limited exclusively to individuals who have reached the age of 18. By accepting the regulations, the user declares that they are of legal age.
§6
Price and Methods of Payment
1. The price of individual Products is given on the online store in Polish zloty and is a gross price.
2. Information about the purchase price of Products provided on the Website is binding from the moment the User receives an email confirming the acceptance of the Purchase Order for selected Products indicated in § 5 section.9. Mention above the price will not change regardless of the price changes of the Products on the online store, which may appear after the Order has been accepted by the Seller.
3. The User has the option of making payments for ordered Products in one of the following ways:
a) payment card – via electronic payment made in the PayU payment system before delivery;
b) on-line transfer – using a banking system enabling on-line payments prior to delivery.
4. After selecting payment by payment card, the User will be redirected to the PayU payment form, however payment may take place after the User has accepted the rules of this form of payment provided by PayU as a settlement agent.
5. Lack of payment for the Order within 2 working days of its submission shall mean the User’s resignation from this Order and shall remove it from the Seller’s system.
§7
Supply
1. The Seller delivers the Products to the place indicated by the User in the Order, on the territory of the Republic of Poland.
2. Normally, the Product is shipped within 24 hours of the Order being accepted by the Seller for execution (see § 5 section 11). The shipment is carried out from Monday to Friday. The indicative date of shipment of a given Order and its total cost in Polish zlotys (gross amount) is indicated each time on the Website in the summary of the Order, before the User confirms the Order by using the “Order and pay” button and in the e-mail “Order confirmed “referred to in § 5 section.11.
3. The delivery of ordered Products is carried out by DHL forwarding company.
4. Proof of purchase (receipt or invoice) is attached to each delivered Order.
§8
Complaints
1. Products sold through the online store are free from defects. The Seller is responsible under the warranty for physical or legal defects of the Products.
2. Complaints regarding a Product defect can be reported by post by returning a defective Product along with a written description of the defect or complaint form downloaded from the online store and proof of purchase, by registered mail or other form of shipment to the following address: XL Energy Marketing sp. O.o. Production plant in Mlawa. Ul. Nowa 44, 06-500 Mlawa with the note: “Store XL complaint”. The User will receive information on the method of considering the complaint within 14 days counted from the day following the receipt by the Seller of the shipment containing the advertised Product.
3. The cost of shipment related to the return of the complained Product, which the Seller has acknowledged complaints, shall be borne by the Seller. The parcel will be sent at the expense of the Seller by DHL forwarding company.
4. In the event that the Seller has not acknowledged the complaint, the User who is a consumer shall have the right to use the following non-judicial means of dealing with complaints and pursuing claims in addition to the court:
a) the possibility of requesting a proceeding for out-of-court resolution of consumer disputes under the Act of 23 September 2016 on Out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i. e. to the Provincial Inspector of Trade Inspection;
b) application for recognition of the case by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection;
c) asking the Municipal Consumer Ombudsman for help in the protection of consumers’ interests and rights. Free consumer assistance in the protection of their rights and interests is also provided by social organizations, such as Consumer Federation;
All the above out-of-court dispute resolution methods are voluntary and require the consent of both parties to the dispute.
5. The consumer is also entitled to use the out-of-court settlement of disputes and claims in the form of the ODR (Online Dispute Resolution) platform, pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Consumer Dispute Resolution System and amendments to Regulation (EC) No. 2006/2004 and Directive 2009 / EC.
6. Complaints regarding the operation of the online store and individual services provided through the Website other than the sale of Products should be reported via e-mail, by sending an email to SKLEP@XL-ENERGY.COM. The complaint should contain a description of the objections raised, indicating the elements of the Website with whom it is connected. Complaints will be processed on a continuous basis within 14 days of filing the complaint.
§9
The Right to Withdraw from The Contract
1. A User who is a consumer within the meaning of the relevant provisions of law has the right to withdraw from the Agreement without giving a reason within 14 days from the date of delivery of ordered Products to him. To comply with this deadline, it is sufficient to send a statement of withdrawal from the Agreement before its expiry.
2. The right to withdraw from the Agreement may be executed by submitting a declaration of withdrawal to the Seller. The declaration may be submitted on a form, the model of which is attached as Appendix 1 to these Regulations.
3. Immediately after receiving from the Buyer a statement of withdrawal from the Agreement, the Seller will confirm via e-mail to the User’s e-mail address given when placing the Order the fact of its receipt.
4. If the User withdraws from the Agreement, the Agreement shall be considered void and the Products shall be returned to the Seller immediately, but no later than within 14 days from the submission of the statement of withdrawal from the Agreement, to the following address: XL Energy Marketing sp. Z oo Production plant in Mława. Ul. Nowa 44, 06-500 Mława. The deadline is met if the User sends back the item before the deadline of 14 days from the date of submitting the statement on withdrawal from the Agreement.
5. Direct costs of returning the Products in connection with the withdrawal from the Agreement shall be borne by the User.
6. In the event of withdrawal from the agreement, the Seller shall return to the User all payments received from him, including the costs of delivering the Products promptly and in any case not later than 14 days from the day on which the Seller was informed about the Customer’s right to withdraw from the Agreement.
7. We will refund the User’s payments using the same payment methods that were used by the User in the original transaction, unless the User explicitly agreed to a different solution; in any case, the User shall not incur any fees in connection with this refund. The Seller may withhold the return of the payment until receiving the Products or until proof of their return has been provided to him, depending on which event occurs first.
8. The right to withdraw from the Agreement shall not be granted to the User who is a consumer in cases defined in detail in art. 38 paragraph 1 of the Act of 30 May 2014 on consumer rights, including in relation to the contract:
a) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
b) in which the object is delivered in a sealed package, which after opening the packaging cannot be returned due to health protection, for hygienic reasons, if the packaging was opened after delivery;
c) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
9. The User who is a consumer loses the right to withdraw from the Agreement in relation to those XL cans that have been opened.
§10
Terms of Use of The Online Store
1. The Seller does not charge any fees for communication with him using means of distance communication, and the User bears the costs of such communication in accordance with the terms of the contracts he concluded with the media suppliers.
2. Product information contained in the Website does not constitute an offer, but an invitation to enter into a contract.
3. The Seller shall make the Regulations available on the Website free of charge to Users before creating an Account or placing an Order, in a way that allows obtaining, reproducing and saving the content of the Regulations using the ICT system used by the User.
4. The Seller reserves that the Website as a website as well as the “XL” logo and the software used to build the Website are covered by copyright and are protected by law.
5. The “XL” logo and other words and phrases used on the Website are trademarks to which the Seller’s protective rights apply.
6. It is forbidden to modify the materials downloaded from the Website or publicly display them or use without the Seller’s written consent. The Seller does not grant any (including implied) license to use materials available for download from the Website.
7. Download, use, further dissemination, reprinting, making available in any form (including electronic form), processing in whole or in part, for purposes other than private, except to read the information and use the Website in accordance with the provisions of the Regulations, requires the written consent of the Seller. It is forbidden to aggregate and process data and other information available on the Website in order to make it available to third parties on other websites and outside the Internet.
8. Users undertake not to take any actions that may affect the correct operation of the Website.
§11
Personal Data
1. Personal data provided by the User in the order form or by creating an Account as well as any other time of using the Website will be processed by the Seller in accordance with the provisions of the Regulation on the Protection of Personal Data 2016/679 in order to enable placing orders and using the online store.
2. The administrator of personal data referred to in paragraph 1 is the Seller.
3. The User who has made an Order or set up an Account has the right to access and correct his personal data as well as to demand their removal or transfer and the right to limit the processing of personal data and to object to such processing. The User is also entitled to file a complaint to the President of the Office for Personal Data Protection.
4. The rights indicated in point 3 can be implemented by submitting a request to the following e-mail address: iodo@xl-energy.com. Providing personal data by the User is voluntary, however, it may be necessary to use the online store
5. Personal data is processed on the basis of: a contract and a legitimate interest of the administrator (eg ensuring website functionality, marketing activities).
6. Recipients of personal data are authorized employees responsible for the service of Users and entities providing services to the company (eg accounting companies, IT services).
7. Personal data is stored for the period necessary for the execution of orders and keeping the User’s account in the online store. After this period, the data may be processed based on the legal obligations of the Seller (eg. in the scope of storing accounting documents) or legally legitimate interest (defense against claims that may be due to the Seller).
8. Detailed information on how to process personal data of the User who has completed and submitted the form can be found in the Privacy Policy.
§12
Functioning of The Online Store
1. The Seller shall make every effort to ensure the proper and uninterrupted functioning of the Website. Nevertheless, there may be failures and technical errors in the Service due to hardware or software problems. In each case, the Seller will try to minimize the negative effects of technical problems.
2. In order to develop the Website and minimize the risk of a breakdown, periodic technical breaks are required, during which the relevant changes are introduced in the IT system. The Seller makes sure that technical breaks are not burdensome for Users. To this end, if possible, these breaks will be at night, and the Seller will inform Users in good time about the time and expected duration of the break.
3. The Seller shall not be liable for technical problems, including delays in data transmission lying on the side of devices belonging to the User, as well as devices, information systems, computer and telecommunications networks belonging to telecommunications network operators or Internet access service providers.
§13
Prohibited Activities
1. It is prohibited to use the Website in a manner contrary to its purpose. In particular, it is prohibited to provide content that is contrary to the Regulations, generally applicable laws or good practices, including content and photos:
a) erotic, pornographic and obscene;
b) containing content commonly considered vulgar and abusive;
c) depicting or propagating violence, fascism, Nazism, racism, hatred, discrimination;
d) concerning ways of breaking codes, spreading viruses and other such malware.
2. The User may at any time resign from using the services provided electronically by the Seller via the Website by leaving the Website.
§14
Final Provisions
1. Provisions of Polish law apply to the provision of services by the Service Provider via electronic means via the Website.
2. These Regulations may be changed at any time by the Service Provider. The Seller shall inform Users about any change to the Regulations by providing the new content of the Regulations on the Website.
