adeldeflores.pl

§ 1. General provisions

1. The www.adeldeflores.pl shop operates in accordance with the terms and conditions set out in these Terms and Conditions.

2. These Terms and Conditions set out the terms for concluding and terminating Product Sales Agreements and the complaints procedure, as well as the types and scope of services provided electronically by the www.adeldeflores.pl online shop, the rules governing the provision of these services, and the terms and conditions for entering into and terminating contracts for the provision of services by electronic means.

3. Every Customer is obliged to comply with the provisions of these Terms and Conditions from the moment they take steps to use the Electronic Services of the www.adeldeflores.pl online shop.

4. In matters not covered by these Rules, the following provisions shall apply:

1) the Act on the Provision of Electronic Services of 18 July 2002,

2) the Consumer Rights Act of 30 May 2014,

3) the Act on the Out-of-Court Resolution of Consumer Disputes of 23 September 2016,

4) the Civil Code Act of 23 April 1964.

5) and other relevant provisions of Polish law.

§ 2. Definitions contained in the rules and regulations

1. Terms and Conditions – these Terms and Conditions of the Shop.

2. Shop – The Service Provider’s online shop, accessible at www.adeldeflores.pl

3. Electronic Service – a service provided electronically by the Service Provider to the Customer via the Shop.

4. Order Form – the form available on the website www.adeldeflores.pl, which enables you to place an Order.

5. Seller, Service Provider – Anastasiia Kopaihora, Tax Identification Number (NIP): 5862402271, email address: kwiaciarnia.adeldeflores@gmail.com, telephone number: 570924949, address for service: Aleja Niepodległości 683, 81-854 Gdańsk.

6. Service user – a natural person, a legal person or an organisational unit without legal personality to which the Act grants legal capacity and which uses the Electronic Service.

7. Client – A customer who intends to enter into or has entered into a Sales Agreement with the Seller.

8. Consumer – a natural person who enters into a legal transaction with a trader that is not directly related to their business or professional activities.

9. Entrepreneur – a natural person, a legal person or an organisational unit that is not a legal person but is granted legal capacity by law, carrying out business or professional activities in its own name.

10. Product – a movable item or service available in the Shop, which is the subject of the Contract of Sale between the Customer and the Seller.

11. Sales Agreement – Product Sales Agreement concluded between the Customer and the Seller via the Shop.

12. Order – a declaration of intent by the Customer constituting an offer to enter into a Product Sales Agreement with the Seller.

13. Price – the amount, expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

§ 3. Information regarding products and how to order them

1. The shop www.adeldeflores.pl sells products online.

2. The products offered in the Shop are new, comply with the terms of the contract and have been lawfully placed on the Polish market.

3. The information contained on the Shop’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms set out in its description.

4. The product price displayed on the Shop’s website is quoted in Polish zlotys (PLN) and includes all charges, including VAT. The price does not include delivery costs.

5. The price of the Product displayed on the Shop’s website is binding at the time the Customer places an Order. This price will not change, regardless of any price changes in the Shop that may occur in relation to individual Products after the Customer has placed an Order.

6. The Seller clearly informs Customers of unit prices, as well as any promotions and price reductions on Products. Alongside information about a price reduction on a Product, the Seller shall display the lowest price for that Product which was in force during the 30 days prior to the introduction of the reduction; and if the Product has been on sale for less than 30 days – the Seller shall display the lowest price for that Product which was in force during the period from the date on which the Product was first offered for sale until the date the price reduction was introduced.

7. Orders can be placed:

1) via the website using the Order Form (Shop www.adeldeflores.pl) – 24 hours a day, all year round,

2) by telephone on: 570924949.

8. You do not need to create an account to place an order in the Shop.

9. In order for a Customer to place an Order in the Shop, they must read the Terms and Conditions and accept their provisions at the time of placing the Order.

10. Products on special offer (in the sale) are available in limited quantities, and orders for them will be processed on a first-come, first-served basis until stocks of the relevant product run out.

§ 4. Conclusion of a contract of sale

1. In order for the Sales Agreement to be concluded, the Customer must first place an Order using the methods provided by the Seller, in accordance with § 3(7) and (9) of the Terms and Conditions.

2. Once an Order has been placed, the Seller shall confirm receipt of it without delay.

3. Confirmation of the acceptance of the Order referred to in point 2 of this paragraph binds the Customer to that Order. Confirmation of receipt of the Order is provided by email.

4. The confirmation of receipt of the Order includes:

1) confirmation of all the essential elements of the Order,

2) a contract withdrawal form,

3) these Terms and Conditions, which include information on the right to withdraw from the contract.

5. Upon the Customer’s receipt of the email referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.

6. Each Sales Agreement will be confirmed by a proof of purchase, which will be enclosed with the Product and/or sent by email to the Customer’s email address provided in the Order Form.

§ 5. Payment methods

1. The seller offers payment via an electronic payment system (Przelewy24.pl, PayPal.com, PayU.pl, Apple Pay, Google Pay).

2. In the case of payment via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payment to be made by credit card or by instant bank transfer from selected Polish and foreign banks.

3. The Customer is obliged to pay the price under the Sales Agreement within 10 minutes of placing the Order, unless the Sales Agreement provides otherwise.

4. The product will only be dispatched once payment has been received.

§ 6. Cost, delivery date and delivery methods

1. The delivery costs for the Product, which are borne by the Customer, are determined during the Order placement process and depend on the chosen delivery method for the purchased Product.

2. The Customer chooses the date and time of delivery of the Product.

3. Products purchased from the Shop are dispatched via a courier service.

4. Customers may also collect Products purchased from the Shop in person, provided they have contacted us in advance by email or telephone.

§ 7. Product complaints

1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, arising from the Product’s lack of conformity with the contract, are set out in the Consumer Rights Act of 30 May 2014.

2. The basis and scope of the Seller’s liability towards a Customer who is an entrepreneur, as referred to in § 9, under the warranty are set out in the Civil Code of 23 April 1964.

3. The Seller shall be liable to the Customer, whether a Consumer or an entity referred to in § 10 of the Terms and Conditions, for any lack of conformity of the Product with the contract existing at the time of delivery of the Product and becoming apparent within 2 years of that time, unless the Product’s shelf life, as specified by the Seller or persons acting on its behalf, is longer.

4. Notifications regarding the Product’s non-conformity with the contract and the submission of a relevant claim may be made by email to: kwiaciarnia.adeldeflores@gmail.com or in writing to the following address: Aleja Niepodległości 683, 81-854 Gdańsk.

5. In the above notification, whether in writing or electronically, please provide as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the issue, as well as your contact details. The information provided will significantly facilitate and expedite the Seller’s handling of the complaint.

6. In order to assess any defects or non-conformities of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense.

7. The Seller shall respond to the Customer’s request without delay, and no later than 14 days from the date of receipt.

8. In the event of a complaint lodged by a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, failure to consider the complaint within 14 days of it being lodged shall be deemed to constitute acceptance of the complaint.

9. A Customer who is a Consumer or an entity referred to in § 10 may, as a first course of action, request that the Seller replace or repair the Product. The Customer may demand a price reduction or withdrawal from the contract only in the cases specified in the Consumer Rights Act of 30 May 2014 (including, amongst other things, where the goods’ non-conformity with the contract is significant, where the Seller has refused to bring the goods into conformity with the contract, or where the goods’ non-conformity with the contract persists despite the Seller having already attempted to bring them into conformity with the contract).

10. In the event of a valid complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall, as appropriate:

1) covers the costs of repair or replacement and of redelivering the Product to the Customer,

2) reduces the price of the Product (the reduced Price must be in proportion to the Price of the goods in conformity with the contract in relation to the goods not in conformity with the contract) and shall refund the value of the reduced Price to the Consumer or the entity referred to in § 10 no later than 14 days from receipt of the notice of the Price reduction from the Consumer or the entity referred to in § 10,

3) In the event of withdrawal from the contract by the Consumer or the entity referred to in § 10, the Seller shall refund the Product Price to them no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to return the goods to the Seller without delay at the Seller’s expense,

11. A response to a complaint is provided on paper or another durable medium, e.g. by email or text message.

§ 8. Right to withdraw from the contract

1. Subject to point 10 of this paragraph, A Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, and who has entered into a distance contract, may withdraw from it without giving any reason by submitting an appropriate notice within 14 days. To meet this deadline, it is sufficient to send the notice of withdrawal from the contract provided by the Shop.

2. In the event of withdrawal from the contract, the Sales Contract shall be deemed not to have been concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to dispatch the Product before it expires.

3. In the event of withdrawal from the Sales Contract, the Product must be returned to the following address: Aleja Niepodległości 683, 81-854 Gdańsk.

4. The consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any reduction in the value of the Product resulting from its use in a manner going beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 of the manner and time limit for exercising the right to withdraw from the contract, and has also failed to provide them with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same way as they would in a high-street shop.

5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the delivery costs using the same method of payment as that used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of refund which does not entail any costs for them. Subject to point 7 of this paragraph, the refund shall be made without undue delay, and at the latest within 14 days of the Seller receiving the notice of withdrawal from the Sales Contract.

6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a method of delivery for the Product other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to reimburse them for the additional costs incurred.

7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions, it may withhold the refund of payments received from the Consumer until the goods have been returned or until the Consumer or the entity referred to in § 10 of the Terms and Conditions has provided proof of their return, whichever occurs first.

8. A consumer or an entity referred to in § 10 of the Terms and Conditions who withdraws from the Sales Contract, in accordance with point 1 of this paragraph, shall bear only the costs of returning the Product to the Seller.

9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract is calculated as follows:

1) for a contract under which the Seller delivers the Product whilst being obliged to transfer ownership thereof – from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party designated by them, other than the carrier) took possession of the Product,

2) in the case of a contract covering multiple Products which are supplied separately, in batches or in instalments – from the date on which the last Product, batch or instalment is taken into possession,

3) in the case of a contract involving the regular supply of a Product for a fixed period – from the date on which the first Product is taken into possession,

4) for all other contracts – from the date the contract is concluded.

10. The right to withdraw from a distance contract does not apply to a Consumer or to the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Contract:

1) where the subject of the supply is non-prefabricated goods, manufactured to the consumer’s specifications or designed to meet their individual needs,

2) where the subject of the supply is goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, provided that the packaging was opened after delivery,

3) where the subject of the supply is goods which, upon delivery, are, by their very nature, inseparably combined with other items,

4) the provision of services for which the Consumer is obliged to pay a price, if the trader has fully performed the service with the Consumer’s express and prior consent, and the Consumer was informed before the service began that, once the trader had performed the service, they would lose the right to withdraw from the contract and acknowledged this,

5) where the subject of the supply is goods that are perishable or have a short shelf life.

11. Both the Seller and the Customer are entitled to withdraw from the Sales Contract in the event that the other party fails to fulfil its obligation within a strictly defined time limit.

§ 9. Provisions relating to businesses (B2B)

1. This paragraph contains provisions relating solely to traders who are not covered by the protection afforded by the Consumer Rights Act, as referred to in § 10 of the Terms and Conditions.

2. The Seller is entitled to withdraw from a Sales Contract concluded with a Customer who is not a Consumer within 14 working days of the date of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

3. The Seller is entitled to restrict the payment methods it offers to Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer and whether a Contract of Sale has been concluded.

4. The benefits and risks associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer (other than a Consumer) upon the Seller’s handover of the Product to the carrier. In such cases, the Seller shall not be liable for any loss, shortage or damage to the Product occurring from the moment the Product is accepted for carriage until it is delivered to the Customer, nor for any delay in the carriage of the consignment.

5. Where a Product is dispatched to a Customer via a carrier, a Customer who is not a Consumer is obliged to inspect the consignment in a timely manner and in the manner customary for consignments of this kind. If they find that the Product has been lost or damaged during transit, they are obliged to take all necessary steps to establish the carrier’s liability.

6. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending a notice of termination to the Service User who is not a Consumer.

§ 10. Provisions concerning traders with consumer rights

1. A sole trader (this paragraph does not apply to commercial companies) is covered by the protection provided for under the Consumer Rights Act, provided that the contract they enter into with the Seller is directly related to their business activity, but it is clear from the content of that contract that it is not of a professional nature for them, arising in particular from the nature of their business activity.

2. A person carrying on a business, as referred to in point 1 of this paragraph, is covered only in respect of:

1) unlawful contractual provisions,

2) liability arising from the Product’s non-conformity with the contract,

3) the right to withdraw from a distance contract,

4) the rules governing a contract for the supply of digital content or a digital service.

3. The trader referred to in point 1 of this paragraph loses their consumer protection rights if the Sales Contract they have concluded with the Seller is of a commercial nature, which is verified on the basis of that trader’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.

4. The traders referred to in point 1 of this paragraph are not covered by the institutional protection afforded to consumers by district consumer ombudsmen or by the President of the Office of Competition and Consumer Protection (UOKiK).

§ 11. Type and scope of electronic services

1. Through the Shop, the Service Provider enables users to make use of an Electronic Service consisting of placing Orders and entering into Product Sales Agreements via the Order Form.

2. The provision of electronic services to customers in the Shop is governed by the terms and conditions set out in the Terms and Conditions.

3. The Service Provider is entitled to publish advertising content on the Shop’s website. This content forms an integral part of the Shop and the materials presented therein.

§ 12. Conditions for the provision of and the conclusion of contracts for the provision of electronic services

1. The provision of the Electronic Services specified in § 11(1) of the Terms and Conditions by the Service Provider is free of charge.

2. The contract for the provision of an electronic service consisting of enabling the placing of an Order in the Shop is concluded for a fixed term and is terminated upon the placing of an Order or when the Service User ceases to place Orders.

3. Technical requirements necessary for interoperability with the ICT system used by the Service Provider:

1) a computer (or mobile device) with internet access,

2) access to email,

3) a web browser,

4) Enabling cookies and JavaScript in your web browser.

4. The Customer is obliged to use the Shop in a manner consistent with the law and public decency, whilst respecting the personal rights and intellectual property rights of third parties.

5. The customer is obliged to provide information that is true and accurate.

6. The service user is prohibited from providing unlawful content.

§ 13. Complaints relating to the provision of electronic services

1. The Customer may submit complaints relating to the provision of Electronic Services via the Shop by email to the following address: kwiaciarnia.adeldeflores@gmail.com

2. In the email above, please provide as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the issue, as well as your contact details. The information provided will significantly facilitate and speed up the Service Provider’s handling of the complaint.

3. The Service Provider shall consider the complaint without delay, no later than 14 days from the date it is lodged.

4. The Service Provider’s response to the complaint is sent to the Service User’s email address provided in the complaint form or by any other means specified by the Service User.

§ 14. Conditions for the termination of contracts for the provision of electronic services

1. The contract for the provision of an electronic service consisting of enabling the placing of an Order shall be terminated upon the placing of the Order or upon the Service User ceasing to place Orders.

2. The Service Provider and the Service User may terminate the contract for the provision of the Electronic Service at any time by mutual agreement.

§ 15. Intellectual property

1. All content published on the website at www.adeldeflores.pl is protected by copyright and (subject to § 15(3) and content posted by Service Users, which is used under licence, the transfer of economic copyright or fair use) is the property of Anastasiia Kopaihora, VAT No.: 5862402271, The Service User bears full liability for any damage caused to the Service Provider resulting from the use of any content from the website www.adeldeflores.pl without the Service Provider’s consent.

2. Any use by any person, without the Service Provider’s express written consent, of any of the elements constituting the content of the website www.adeldeflores.pl constitutes an infringement of the Service Provider’s copyright and will result in civil and criminal liability.

3. All trade names, product names, company names and their logos used on the Shop’s website at www.adeldeflores.pl belong to their respective owners and are used solely for identification purposes. They may be registered trade marks. All materials, descriptions and photographs presented on the Shop’s website at www.adeldeflores.pl are used for information purposes only.

§ 16. Final provisions

1. Contracts concluded via the Shop are governed by Polish law.

2. Should any part of these Terms and Conditions be found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of these Terms and Conditions.

3. Any disputes arising from the Sales Agreements between the Shop and Customers shall be resolved in the first instance through negotiation, with a view to reaching an amicable settlement, in accordance with the Act on the Out-of-Court Resolution of Consumer Disputes. However, if this proves impossible, or is unsatisfactory to either party, disputes shall be settled by the competent ordinary court, in accordance with point 4 of this paragraph.

4. Resolution of disputes through the courts:

1) Any disputes arising between the Service Provider and the Service Recipient (the Customer) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be subject to the jurisdiction of the courts competent in accordance with the provisions of the Code of Civil Procedure of 17 November 1964,

2) Any disputes arising between the Service Provider and the Service Recipient (Customer) who is not also a Consumer, as referred to in § 9 of the Terms and Conditions, shall be submitted to the court with jurisdiction over the Service Provider’s registered office.

5. A Customer who is a Consumer also has the right to make use of out-of-court dispute resolution procedures, in particular by submitting, following the conclusion of the complaints procedure, a request to initiate mediation or a request for the case to be heard by a permanent consumer arbitration tribunal operating under the Provincial Inspectorate of Trade Inspection. Information on out-of-court methods of handling complaints and pursuing claims, including a list of authorised bodies, is available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. Consumers may also seek free assistance from a district (municipal) consumer ombudsman or a community organisation whose statutory remit includes consumer protection. Out-of-court redress following the conclusion of the complaints procedure is free of charge.

6. The rules governing the processing of customers’ personal data are set out in the Privacy Policy available on the website www.adeldeflores.pl.

7. A template for the contract withdrawal form is set out in Appendix 1 to the Terms and Conditions.

Appendix 1. Model withdrawal form

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

For the attention of: Anastasiia Kopaihora, Aleja Niepodległości 683, 81-854 Gdańsk, email: kwiaciarnia.adeldeflores@gmail.com

I/We(*) hereby give notice(*) of my/our(*) withdrawal from the contract of sale for the following goods(*) / the contract for the provision of the following service(*):

Date of conclusion of the contract(*) / date of collection(*):

First name and surname of the consumer(s):

Address of the consumer(s):

Signature(s) of the consumer(s) (only if the form is submitted in paper form):

Date:

(*) Delete as appropriate.