In Poland, the sale of alcohol via the Internet is not regulated by law. Terms of sale of goods to consumers through e-shops are regulated by the Law on Consumer Rights. E-sellers have a number of obligations (especially information) to consumers, but does not apply to the sale of alcoholic beverages.
The sale of beer, wine or vodka is regulated by the 1982 Act of Vigilance and the Fight against Alcoholism. It allows the sale of alcohol only with the permission of the head of the commune, the mayor or the president of the city.
There are several types of permits. However, the provisions do not provide for the possibility of allowing an entrepreneur to sell alcohol online (remotely). According to the Law on Vigilance and Combating Alcoholism, retail sale of alcoholic beverages may be carried out. only at the point of sale specified in the permit, ie at a certain address.
on the other hand However, the conclusion of contracts for the sale of alcohol via the Internet is not prohibited. Vendors can conclude contracts and accept orders while the customer goes alone to the point of sale specified in the permit to take the order.
But in the case of online stores, it is delivered to the home, including alcohol. How is this possible? The most common solution is to act on the basis of a power of attorney. The customer buys alcohol and at the same time gives it to the seller, courier or other third party power of attorney to collect products at the point of sale on his behalf. This person takes the product on behalf of the customer and delivers it to the customer. Officially, the sale is carried out at the point of sale, ie in accordance with the terms of the permit.
Today, there are two main types of electronic food purchases in the market. This Planned purchases ordered in advance (usually for the next day or the next day, less for the same day). In this case, the baskets are very large and deliveries are scheduled in a certain hourly range. Such services are provided by hypermarket operators such as Frisco, Barbora and Auchan or Carrefour.
The second type of shopping is the so-called fast trading – purchases delivered within a quarter of an hour or a few tens of minutes. In this case, the baskets become smaller, and orders are completed either in special warehouses called dark stores, or in nearby stores. Such services are provided by platforms such as Jokr and Lisek, as well as the Jush platform created by Glovo (from Biedronki or Auchan stores, as well as Biedronki Express dark stores) or Żabka Polska.
Alcohol cannot be found in every online grocery store. We can buy vodka, wine or beer in Frisco or Barbora online stores, but not in e-shops run by Auchan or Carrefour. For the latter stores, online sales of alcohol are not a priority, but vice versa they don’t want to have a problem with discount for brick shops.
Alcohol delivery for adults only
How do other e-shops explain the possibility of selling alcohol? – Frisco does not sell alcohol. The seller of alcoholic products, which can be seen on the website www.frisco.pl, is FR24. The website www.frisco.pl is used to present the FR24 range, and delivery of products along with purchases from Frisco is one of the options for ordering. The collection can be made in person at the FR24 store, Business Insider Polska reports from the Frisco press office. Accounts at www.frisco.pl can only be created by adults, so only they will see the alcohol offer.
– In addition, suppliers are asked to provide this when shopping for alcoholic beverages paid attention to whether the person making the purchase was an adult or not. When in doubt, they can ask the person collecting the purchase to confirm that they made the purchase, or ask an adult to pick up the purchase – the company tells us.
Barbora online store emphasizes that according to its internal rules, in any case, the point of sale is the place where contracts are concluded for the sale of goods in the category of alcohol.
– We take a very responsible and reliable approach to checking the age of the person receiving the order, which contains alcohol. Each courier has been trained in the correct age test – we were informed by the company’s press service.
Barbora emphasizes this The age of the buyer is always confirmed by the courier when delivering the purchase to the specified address. The supplier has the right to check a valid photo confirming the age of the buyer. If the buyer is under 18 years old, the alcoholic products are removed from the order and the cost is returned to the customer’s account.
There is no alcohol left on the door
– In the absence of a customer, the courier does not leave the purchase of alcohol. Where available suspicion that the person receiving the order may be intoxicatedAccording to the article. 15 sec. Pursuant to Article 1 of the Vigilance and Alcoholism Act, the courier does not deliver alcohol, Barbora’s press office said.
We will order alcohol through Glovo as part of the delivery from Biedronka stores (a service called Piwniczka Biedronki), which is also offered by services such as Jokr or Lisek.
– At Glovo, we always make sure that everything we do is in accordance with the law. Of course, it also includes the Act on Vigilance and the Fight Against Alcoholism, says Business Insider Polska Katarzyna Kosior, Director of Global PR and Communications Glovo Polska. Also, with regard to this service, the place where contracts for the purchase and sale of goods are concluded and executed is a specific stationary point of sale where delivery is carried out.
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– According to the terms of the platform, you must be 18 years old or older to open and use an account with Glovo. Second, By accepting the rules of the Piwniczka Biedronki store, the customer agrees to have his identity, age and vigilance checked by a Glovo courier, as well as the order number before the release of alcoholic products. The customer also agrees to refuse the delivery of alcoholic beverages by the Glovo courier if the supplier is unable to verify the identity and age of the supplier or if the supplier has doubts about the customer’s vigilance. In such cases, the customer receives a refund of the amount spent on alcohol, Kosior reports.
Court: There is no ban on the sale of alcohol on the Internet
Let’s go back to the law. The decision of the administrative court in 2018 speaks about the fact that the ban on the sale of alcohol online is not prohibited. The court explained in detail the reasons for this. It cannot be said that Polish law “prohibits the sale of alcohol on the Internet.”nor is the concept of “internet sales” itself defined.
– The complainants also rightly point out that the freedom of economic activity specified in the paragraph. Article 22 of the Polish Constitution is free, but subject to the conditions arising from the provisions of the law. since The Vigilance and Alcoholism Act does not explicitly prohibit online sales, This is not the purpose and principles of the act, as they do not imply that these purposes in the form of restricting the availability of alcoholic beverages cover this type of sale, the court wrote. He also noted that “this law is not fully adapted to existing market realities, and in this regard, it should be a de lege ferenda postulate to its changes.”