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Terms and Conditions of the online store 123kwiaty.pl

Introduction

Dear Customer, these Terms and Conditions govern the manner of concluding sales contracts via the above-mentioned website, the rules for performing those contracts including delivery, the rights and obligations arising from applicable law, and the procedure for withdrawal from the contract and for complaints. The Terms and Conditions consist of four main parts:

  1. §§ 1 to 3 contain the general provisions of these Terms and Conditions;
  2. §§ 4 to 7 describe the process of purchasing Goods/Services;
  3. §§ 8 to 12 contain the provisions on defective Goods/Services and the right to withdraw from the contract;
  4. §§ 13 to 14 contain all remaining provisions.

§1 Basic definitions

  1. Online store – a store located at the address of this website.
  2. Seller – owner of the website. The consumer purchases goods/services from Rafał Sumigowski and Witold Durlej, acting as a civil law partnership under the name Animex Rafał Sumigowski, Witold Durlej S.C. Tax Identification Number (NIP): 642-319-99-34, telephone: 32 720 60 59.
  3. Seller's address – whenever the Terms and Conditions refer to the Seller's address, this shall mean the following details:
  4. registered office: Rybnik, ul. Urocza 14 A, postal code 44-251.
  5. email address: info@123kwiaty.pl
  6. Customer – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person or an organisational unit without legal personality, which is granted legal capacity by law, which has concluded or intends to conclude a sales contract.
  7. Consumer – Article 221 of the Civil Code: a natural person who enters into a legal transaction with the Seller not related directly to their business or professional activity.
  8. Sales Agreement – an agreement for the sale of a Product listed on the aforementioned Online Store website, concluded or entered into between the Customer and the Seller via the Online Store.
  9. Goods – A product, movable item purchased by the Customer via the Online Store.
  10. Order – a statement of intent made by the Customer via the Online Store, specifying: the type and quantity of Goods available in the Online Store at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's details.
  11. Order Form – an electronic service, a form on an electronic medium available in the Online Store, enabling the placement and execution of an Order, including by adding Products to an electronic shopping cart, and specifying the terms and conditions of the Sales Agreement, including the method of delivery and payment.
  12. Order processing time – the time it takes for an order placed by a Customer of the Online Store to be completed, packaged, stamped by the Seller and handed over for delivery by the delivery method selected by the Customer.
  13. Working day – one day from Monday to Friday, excluding public holidays.
  14. Price reductions – any discounts, PROMOTIONS and price reductions can be checked on the chart displayed next to the product price. The price history will be available for 30 days. Prices are recorded in a verifiable and automatic manner.
  15. Prices – product prices in the online store are fixed at a given time and are not affected by any pricing algorithms, regardless of how the customer arrives at the website or which browsers they use. Gender, age, etc. are also irrelevant.
  16. Consumer Rights Act, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
  17. GDPR - EU Council Regulation 2016/679 (of 27 April 2016, Official Journal of the European Union, L. No. 119).
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§2 General provisions

  1. §1. The Seller declares that it complies with all applicable rules for the protection of Customers' personal data, as provided for, inter alia, in the Personal Data Protection Act (i.e. Journal of Laws of 2015, item 2135, as amended in accordance with the provisions of the GDPR. The Customer consents to the collection, storage and processing of personal data by the Seller solely for purposes directly related to the performance of the Service/Goods ordered in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the Online Store's ‘Privacy Policy’.
  2. The seller declares that the goods/services are in accordance with the contract in terms of description, type, quantity, quality, completeness and functionality, and in the case of goods with digital elements, also compatibility, interoperability and availability of updates; but also that they are fit for the specific purpose for which the consumer requires them, as notified by the consumer to the trader at the latest at the time of conclusion of the contract and accepted by the trader.
  3. The seller declares that, in connection with the entry into force throughout Europe of the legal regulation (transposing Directive (EU) 2019/2161 into national law) concerning reviews: traders who make reviews available must inform consumers whether and how they have ensured that the reviews published are from consumers who have used or purchased the product. The measures taken to this end must be specifically listed.
  4. We declare that the reviews posted on our website come from real customers who have purchased and used our products. The reviews were posted in accordance with a request sent after confirmation that the goods had been delivered to the customer. We anticipate the possibility of importing reviews posted in the Google tab in our company's business card section. We promise to complete all formalities and make every effort to ensure that the reviews are genuine and truthful, and that any inappropriate reviews are removed.
  5. Mandatory legal basis for the above regulations: a) Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC and 2005/29/EC of the European Parliament and of the Council with regard to better enforcement and modernisation of EU consumer protection rules, OJ L 281, 27.11.2019, p. 1. 2005/29/EC and 2011/83/EU in the area of consumer protection, OJ L 328, 18.12.2019, pp. 7–28. b) Falsification of opinions on the internet – consumer experiences, based on a study by PBS Sp. z o.o. commissioned by UOKIK, publication available at https://uokik.gov.pl/aktualnosci.php?news_id=17411 c) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, pp. 22–39, as amended). d) Commission Notice – Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1–129. e) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64–88, as amended).
  6. When placing orders in the Store, the Customer has the opportunity to read the Terms and Conditions and accept them by ticking the appropriate box in the form. Acceptance of the Terms and Conditions is necessary for the order to be processed. Please note that concluding a Sales Agreement via the Internet and accepting the Terms and Conditions entails the obligation to pay for the ordered Goods.
  7. The data controller shall implement appropriate technical and organisational measures to ensure that personal data is protected in a manner appropriate to the risks and categories of data being processed. First and foremost, it protects data against unauthorised access, removal, processing, loss, alteration, damage or destruction. The detailed scope of protection is regulated in accordance with the requirements of the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instructions).
  8. The details of the administrator of your personal data can be found in the ‘contact’ tab on the website.
  9. Every person whose data is processed has the right to: a) supervise and control the processing of personal data for which the seller maintains a customer database for the above-mentioned store; b) obtain comprehensive information on whether such a file exists and is maintained by the seller; c) determine who the data controller is, determine their address, registered office, name, and, if the controller is a natural person, determine their first and last name and place of residence; d) obtain information on the purpose, scope, manner and time of processing of the data contained in such a file; e) obtain information in a commonly understood form about the content of such data; f) learn the source from which the data concerning them originate, unless the data controller is obliged to keep such information confidential or maintain professional secrecy; g) request the supplementation, updating, rectification, temporary suspension or deletion of personal data if they are incomplete, outdated, untrue or have been collected in violation of the law or are no longer necessary for the purpose for which they were collected.
  10. In accordance with point 9, the customer has the right to access the content of the personal data being processed, to correct it, and to request its removal. The personal data controller is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or delete data from the file on an ongoing basis and immediately upon notification, unless the request concerns personal data for which the procedure for supplementation, updating or rectification is specified in separate legal provisions, including this Act.
  11. During the order finalisation process, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. The data may be transferred to another entity only if required by law or necessary for the execution of the order.
  12. The Customer may consent to receiving advertising and commercial information from the Seller by electronic means by subscribing to the NEWSLETTER.
  13. A Customer using the Seller's Services provided through the Online Store is obliged to comply with these Terms and Conditions to the extent necessary to fulfil the order placed and to the extent that they do not conflict with applicable law and the principles of social coexistence.
  14. The Online Store Seller declares that the Goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The Goods fully correspond to the properties displayed and described on the Online Store website.
  15. The seller fulfils orders within Poland.
  16. All Goods available for sale in the Online Store have been legally introduced to the Polish market and comply with applicable laws. Information about the Goods available on the Online Store website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of 23 April 1964.
  17. All prices of Products/Goods/Services listed on the Online Store website are given in Polish currency (Polish zlotys) and are gross prices including VAT, customs duties and other legally imposed components.
  18. PLEASE NOTE: The prices of Goods listed on the Online Store website do not include delivery costs, which are added only at the stage when the Customer selects the method of delivery for the ordered Goods.
  19. A sole trader who makes a purchase unrelated to their business activity has the right to withdraw from the contract within 14 calendar days from the moment the Goods are taken into possession by the Customer or a third party designated by them, other than the carrier.
  20. Art. 556(4) The provisions concerning consumers contained in this section, with the exception of Art. 558 § 1, second sentence, apply to a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  21. Verification of whether a given activity is of a professional nature will be based on CEiDG — the Central Register and Information on Economic Activity — specifically on the PKD codes entered therein, which define types of economic activity.
  22. Entrepreneurs conducting sole proprietorship will obtain rights in the following areas: - prohibited clauses used in standard contracts; - warranty for defects in sold goods; - recourse claims against the previous seller in connection with the consumer's complaint; - the right to withdraw from a distance or off-premises contract within 14 days.
  23. The provisions concerning consumers contained in Articles 385(1) to 385(3) of the Civil Code [concerning prohibited contractual terms] apply to a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
  24. The new Article 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses apply to sole traders after 1 January 2021. A list of twenty-three examples of abusive clauses is contained in Article 385(3) of the Civil Code.
  25. Entrepreneurs conducting sole proprietorship will still not be able to use the assistance of institutions supporting consumers in protecting their rights, including the assistance of District/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection (UOKIK).
  26. By agreeing to the terms and conditions, the customer agrees to after-sales contact for the purpose of customer satisfaction surveys and obtaining feedback. If the customer provides feedback after the sale, the Seller may send the user a discount coupon, grant an additional discount, or send them special information about promotions and price reductions.
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§3 Terms and conditions of service provision

  1. This Online Store provides services electronically. The prerequisite for entering into a contract is primarily the completion of an online order form for the purpose of concluding a sales contract. Entering into a contract is voluntary.
  2. The contract for the provision of services is concluded electronically by enabling the Customer of the Online Store to fill in the order form. The contract is concluded for a fixed period of time at the moment the Customer starts filling in the form and is terminated upon withdrawal from filling in the form or upon sending the completed form to the Seller. The process of filling in the order form is organised in such a way that each Customer has the opportunity to read it before deciding to conclude the contract or to amend the contract.
  3. The service specified in point 1 is provided free of charge, but may require access to the Internet.
  4. Electronic orders can be placed 24 hours a day, 7 days a week.
  5. When finalising the purchase in the appropriate order window, the customer selects the option ‘I consent to the store processing my personal data contained in the order form for the purpose and to the extent necessary to fulfil the order.’ – this is necessary to conclude the contract. Providing your personal data is necessary to place an order; failure to provide personal data will be tantamount to withdrawal from the contract.
  6. In accordance with Article 8(2) of the GDPR, the controller shall, taking into account the available technology, make reasonable efforts to verify whether the person exercising parental authority or guardianship over the child (under 16 years of age) has given consent or approved it.
  7. The costs incurred by the Customer in connection with Internet access and data transmission shall be borne exclusively by the Customer in accordance with the tariff of the provider with whom the Customer has concluded an Internet service agreement.
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§4 Terms and conditions of the agreement

  1. In order to conclude a valid and binding Sales Agreement, the Customer shall make a selection in accordance with the offer displayed by the Online Store, specifying the quantity of Goods they intend to purchase and, if possible, indicating the characteristics of the ordered Product and its specifications. Together with the selection of the Goods, the Customer fills in the online order form, indicating the data necessary for the Seller to complete the order, such as quantities, place of delivery and payment methods, based on the messages displayed to the Customer and the information available on the website and contained in these Terms and Conditions.
  2. Orders can be placed in the following ways: a) using the form available on the Store's website (customer basket), b) by email to the address available on the Store's website, c) by telephone to the number available on the Store's website.
  3. The condition for the execution of the order is that the Customer/Entrepreneur provides data enabling the verification of the Customer/Entrepreneur and the recipient of the goods. The Store confirms acceptance of the order by sending a message describing the subject of the order to the email address provided when placing the order. If the Customer/Entrepreneur provides incomplete, incorrect or contradictory information when placing the order, the Store will contact the Customer/Entrepreneur in order to correct the errors.
  4. Registering a Customer Account in the Online Store is voluntary and free of charge.
  5. If the Seller offers the possibility of ordering Goods whose characteristics are such that they are made to the Customer's individual order, the Customer shall send, together with the online order form, the content necessary for the performance of the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements specified in the description of the Goods, or select the appropriate specification of the Goods from the options available for configuration of the given Goods provided by the Seller.
  6. Immediately after receiving the order, the Seller shall send the Customer an order acceptance statement to the email address provided during the order placement, which shall also serve as confirmation of the order. The sales contract shall be concluded upon receipt of the message by the Customer.
  7. The summary and confirmation message contains all the previously agreed terms and conditions of the sales contract, in particular the quantity and type of Goods ordered, their specifications in the case of Goods with individual characteristics specified by the Online Store Customer, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of any discounts granted (if applicable).
  8. If the Customer has multiple discounts from several sources/promotions, they may be combined/added together only if this is clearly specified in the Promotion Terms and Conditions. If there is no provision regarding the combination of different promotions/discounts, only one discount (one promotion) may be selected for a given purchase.
  9. The Seller declares that flowers constituting a significant part of the Online Store's assortment, as well as flower bouquets and related florist services, are not subject to the right to withdraw from a contract concluded outside the business premises pursuant to Article 38(1)(4) of the Consumer Rights Act, due to the fact that they are goods that are subject to rapid deterioration or have a short shelf life.
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§5 Order fulfilment

  1. The Seller shall reliably fulfil the Customer's orders in the order in which they are received – every order is a priority and very important to us!
  2. The order processing time for a single Customer is between 1 and 30 working days from the date of placing the Order by the Customer. For products marked as ‘available on request’, the delivery time is specified on the product page. The order processing time consists primarily of the time needed to prepare the order (completing and packaging the order, handing it over to the courier, and in selected cases, manufacturing the Goods). The delivery time of the order depends on the selected delivery method and may vary depending on the type of transport indicated by the Customer.
  3. In the event of exceptional circumstances or inability to fulfil the order within the time limit specified in point 2, the Seller shall immediately contact the Customer to determine the further course of action, including setting a new order completion date or changing the delivery method.
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§6 Delivery

  1. The delivery of Goods shall be made by a postal operator, courier company or in another manner agreed by the parties, which does not involve excessive and unreasonable costs on the part of the Seller and the Customer.
  2. The ordered Goods are delivered according to the Customer's choice, either directly to the address indicated by the Customer in the online order form and confirmed by the Customer as the shipping address, or collected in person at the collection point at the address provided during the order process.
  3. The goods are always packed in a manner appropriate to their properties so that they are not damaged, lost or destroyed during transport.
  4. The customer is informed about the delivery costs on an ongoing basis; they are specified when the customer fills in the online order form. The shipping costs depend on the country to which the order is sent, the quantity of goods ordered, their weight and the method of delivery.
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§7 Payment methods

  1. Sprzedawca umożliwia płatność za zamówiony Towar w formie przedpłaty na rachunek bankowy
  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online bank transfer via the PayU, PayPal or Przelewy24 online payment services.
  3. Cash on delivery (cash on delivery) – The Customer makes the payment to the courier upon receipt of the ordered Goods delivered by a courier company to the address specified by the Customer in the order.
  4. The Seller shall document the sale of the Goods in accordance with the Customer's request.
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§8 Warranty

  1. Delivery of Goods under the warranty for defects shall be at the expense of the Seller.
  2. After 1 January 2023, the general limitation periods for claims will apply, i.e.: "Art. 118 of the Civil Code Unless a specific provision provides otherwise, the limitation period is six years, and for claims for periodic performance and claims related to the conduct of business activity – three years. However, the limitation period shall expire on the last day of the calendar year, unless the limitation period is shorter than two years.
  3. The Seller is liable under the warranty if a defect is found within two years of the date of delivery of the Goods to the Consumer. From 1 January 2023, the minimum period for complaints regarding non-compliance of goods with the contract is two years. This period applies to all goods, both new and used. The Seller is liable to the Consumer if the consumer Goods were not in conformity with the contract at the time of delivery, have physical or legal defects. The Seller is liable for non-conformity of the consumer Goods with the contract if it is found within two years of delivery of the Goods to the Buyer, and in the event of replacement of the Goods, this period starts anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is not in conformity with the contract if: a) it does not have the characteristics which a product of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use; b) it does not have the characteristics which the Seller assured the Buyer of, including by presenting a sample or model; c) it is not fit for the purpose which the Buyer made known to the Seller at the time of conclusion of the contract and the Seller did not raise any objection to such intended use; d) it was delivered to the Buyer in an incomplete state.
  4. The presumption of non-conformity of goods with the contract is 2 years.
  5. Notifications of defects in the Goods should be sent electronically to the Seller's email address or in writing to the Seller's postal address (see §1 point 3: ‘Seller's address’). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form attached as Appendix 2 to these Terms and Conditions, which is only intended to facilitate the complaint process and does not constitute a requirement for the effectiveness of the complaint.
  6. If it is necessary for the proper assessment of physical defects in the Goods, at the request and after prior agreement with the Seller, the Goods shall be delivered to the Seller's registered office (see §1 point 3: ‘Seller's address’) as soon as the nature of the Product allows.
  7. The Seller shall respond to the Consumer's notification immediately, but no later than within 14 calendar days of its receipt. Failure to consider the notification within the specified time limit shall be tantamount to its acceptance by the Seller and recognition of its validity.
  8. In the event of the first complaint, the customer can expect the goods to be repaired or replaced. Only if the trader refuses to repair or replace the goods will the consumer have the right to withdraw from the contract. For electronic goods, the consumer will also be able to request the removal of defects in digital services. If the repair or replacement is ineffective, they may request a price reduction or withdraw from the contract.
  9. The Seller shall cover the costs of collecting the Goods, delivery, removal of defects or faults and replacement of the Goods with new ones.
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§9 Withdrawal from the contract

  1. In accordance with the provisions of law, a Customer who is a Consumer within the meaning of Article 27 of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) on consumer rights, have the right to withdraw from a distance contract without giving any reason, subject to paragraph 4(9) of these Terms and Conditions.
  2. Pursuant to Article 38(13) of the Consumer Rights Act, ‘the supply of digital content which is not recorded on a tangible medium, if the performance of the service has begun with the consumer's express consent before the expiry of the withdrawal period and after the consumer has been informed by the trader of the loss of the right of withdrawal.’ – in such a situation, the right of withdrawal does not apply.
  3. The right to withdraw from the contract is available within 14 calendar days from the moment the Goods are taken into possession by the Customer who is also a Consumer or a third party designated by them, other than the carrier.
  4. When a Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is released from all obligations. What the parties have provided to each other shall be returned in an unchanged condition, unless a change was necessary within the scope of normal use. The return shall take place immediately, no later than within fourteen days.
  5. A Customer who is a Consumer may withdraw from the contract by submitting a statement on the online form attached as Appendix 1 to these Terms and Conditions, sending it electronically or to the Seller's postal address, at the Customer's discretion. Appendix 1 is only intended to assist in withdrawing from the contract and is not a template required to exercise the right to withdraw from the contract. The Customer may, but is not required to, use it. For the withdrawal to be effective, it is sufficient to send a written statement to the Seller's address.
  6. To meet the deadline specified in point 2, it is sufficient to send a statement of withdrawal from the contract before its expiry.
  7. The Seller shall immediately confirm to the Customer receipt of the statement of withdrawal from the contract and inform the Customer about further proceedings, including the method of returning the Goods, and shall answer any questions.
  8. The Seller shall immediately, within 14 calendar days of receiving the Customer's statement of withdrawal from the contract, return to the Customer all payments received from them, including the costs of delivery. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of refund which does not involve any costs for the Customer.
  9. If, after obtaining the Customer's consent, the Seller has not undertaken to collect the Goods from the Customer, the Seller may withhold the refund of the payments received, including the delivery costs, until the Goods are returned or the Customer provides proof/confirmation of their return, whichever occurs first.
  10. The Customer is obliged to return the item to the Seller or hand it over to a person authorised by the Seller immediately, but no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Goods themselves. To meet the deadline, it is sufficient to send the Goods back before its expiry.
  11. The Customer who is a Consumer shall bear only the direct costs of returning the Goods.
  12. The consumer has the right to withdraw from a distance contract without giving any reason and without incurring any costs, except for the costs specified in Articles 33 and 34 of the Consumer Law.
  13. The goods should be delivered to the Seller's Address (see §1 point 3: ‘Seller's Address’).
  14. The consumer is responsible for any reduction in the value of the goods resulting from their use in a manner exceeding that necessary to establish the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to assess and inspect the Goods, but only in the same way as they could do so in a brick-and-mortar store (i.e. to check its completeness and technical parameters). The consumer may not use the item in a manner that would prevent its return in a condition similar to that in which it was delivered.
  15. The Customer shall not have the right to withdraw from the contract in relation to contracts specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, inter alia in the following situations: a) for the provision of services, if the trader has fully performed the service with the express consent of the Consumer, who was informed before the performance began that they would lose their right to withdraw from the contract once the trader had performed the service; b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period; c) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs; d) in which the subject of the service is a product that deteriorates quickly or has a short shelf life; e) in which the subject of the service is a product delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery; f) in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items.
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§10 Complaints procedure

  1. In order to submit a complaint correctly, the Customer should provide their details, such as: first and last name or company name, home address or company address and email address, subject of the complaint, if possible, order number with an indication of the period to which the complaint relates and the circumstances justifying the complaint (description of the complaint), or, if applicable, what features the ordered Goods do not have, which, according to the Seller's assurances or the manner in which they were presented to the Customer, they should have had.
  2. If the Customer is a Consumer, in the event of the first complaint, the customer can expect the goods to be repaired or replaced. Only when the trader refuses to repair or replace the goods will the consumer have the right to withdraw from the contract. For electronic goods, the consumer may also request the removal of defects in digital services. If the removal of the defect or replacement is ineffective, the consumer may request a price reduction or withdraw from the contract. If bringing the goods into conformity with the contract in the manner chosen by the customer is impossible or would involve excessive costs compared to the method proposed by the seller. When assessing the excessive nature of the costs, the value of the goods free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.
  3. Unless otherwise provided by separate regulations, the trader is obliged to respond to a consumer complaint within 14 days of receiving it. If the trader fails to respond to the complaint within the time limit referred to above, the complaint shall be deemed to have been accepted. The trader shall provide the consumer with a response to the complaint on paper or another durable medium (e.g. USB stick or CD/DVD, responding to the complaint).
  4. If the notification is not processed within the specified time limit, it shall be deemed to have been accepted by the Seller. A claim for withdrawal from the contract, if not processed within the specified time limit, shall not be deemed to constitute acceptance of the complaint.
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§11 Liability

  1. By posting any content and making it available, the Customer voluntarily agrees to its dissemination. The Seller is not a content provider and does not identify with the content in any way; it is merely an entity that provides ICT resources. The Customer declares that: a) they are authorised to use and make available the copyright, industrial property rights or related rights of the content they post; b) the posting and making available of personal data, images or information concerning persons other than the Customer within the scope of the services has been carried out in a lawful manner, voluntarily and with the consent of the owners of the content whom they concern; c) accepts access to the information, data, images and other content published by them by other Customers and the Seller, and grants the Seller the right to use them free of charge; d) consents to the adaptation, modification and interpretation of works within the meaning of the Act on Copyright and Related Rights.
  2. The Customer is not authorised to: a) publish personal data of third parties, disseminate images without the required permission or consent of the third party to whom the data relates; b) publish advertising and/or promotional content that is inconsistent with the purpose of the store's activities.
  3. The Customer is prohibited from posting, in particular, content: a) with the intention of violating the personal rights of third parties; b) posted in bad faith or which could be considered as such; c) content that infringes the rights of third parties, copyrights, related rights, industrial property rights, trade secrets or information covered by confidentiality clauses, in particular those designated as secret or strictly confidential; d) content that is offensive or constitutes a threat to other persons, statements commonly considered offensive, e.g. profanity; e) infringing the legitimate interests of the Seller; f) sending or placing unsolicited commercial information (spam) within the Online Store; g) otherwise violating good manners, applicable law, social norms or customs.
  4. In the event of receiving a notification from a third party, an authorised person or a state authority, the Seller reserves the right to modify or remove content posted by the Customer if it is found that such content may constitute a violation of these Terms and Conditions or applicable law. The Seller does not monitor posted content on an ongoing basis.
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§12 Out-of-court complaint handling

  1. Information on out-of-court complaint handling and redress procedures, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspection Authorities and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
  2. Consumers have, among other things, the following options for using out-of-court complaint and redress procedures:
  3. submitting a request to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for the amicable settlement of the dispute.
  4. refer the matter to the permanent Consumer Arbitration Court operating at the Provincial Inspectorate of Trade Inspection with a request to settle the dispute arising from the concluded contract, address: www.uokik.gov.pl/wazne_adresy.php.
  5. seeking free legal assistance, e.g. from the Consumer Federation – website address: www.federacjakonsumentow.org.pl.
  6. The European Consumer Centres Network helps resolve cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.
  7. Consumers may also use the online dispute resolution platform (ODR platform) in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) is available at the following electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single point of access for consumers and traders, enabling out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
  8. The use of out-of-court complaint and redress procedures is voluntary and can only take place if both parties to the dispute, i.e. the Seller and the Customer, agree to it.
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§13 Provisions concerning entrepreneurs

  1. The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers (professional purchases).
  2. The seller reserves the right to withdraw from a sales contract concluded with a customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the sales contract may take place without giving any reason and shall not give rise to any claims against the seller on the part of the customer who is not a consumer.
  3. In the case of customers who are service recipients and are not consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without giving reasons, provided that it has sent the customer an appropriate statement.
  4. The seller has the right to limit the available payment methods to a few or to one, for individual or all goods. The seller may require prepayment in full or in part, regardless of the chosen payment method and the fact of concluding the sales contract.
  5. The risk of accidental loss or damage to the product passes to the buyer upon delivery of the ordered product by the seller to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens associated with the goods also pass to the customer who is not a consumer. In such a case, the seller shall not be liable for any loss, shortage or damage from the moment of acceptance by the carrier until delivery to the customer.
  6. A customer who is not a consumer is obliged to inspect the shipment in a timely manner and in a manner customary for shipments of this type. If they find that the product has been lost or damaged during transport, they are obliged to take all necessary and appropriate steps to determine the carrier's liability.
  7. The seller informs that, pursuant to Article 558 § 1 of the Civil Code, liability under the warranty for the product towards a customer who is not a consumer is excluded.
  8. The seller's liability is limited within a single claim and for all claims in total to the amount paid. The seller is only liable for typical damage foreseeable at the time of conclusion of the contract and is not liable for lost profits.
  9. Any disputes between the online store and a customer who is not a consumer shall be submitted to the court having jurisdiction over the seller's registered office.
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§14 Final provisions

  1. The online store respects all customer rights provided for in applicable law.
  2. If applicable law grants consumers more favourable mandatory and legally required provisions than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions shall be directly replaced by the specific provisions of applicable law and shall therefore be binding on the above-mentioned owner.
  3. All content posted on the Online Store website (including graphics, text, page layout and logos) is protected by copyright and is the exclusive property of the Seller. Use of this content without the written consent of the Seller will result in civil and criminal liability.
  4. The shop owner, as the administrator of personal data, informs you that: providing data is always voluntary but necessary for the execution of the order; the person providing their personal data has unlimited right of access to all content of their data and the right to rectify it, delete it (right to be forgotten), restrict the processing, transfer the data, withdraw consent at any time without affecting the lawfulness of the processing, and the data may be disclosed to the competent state authorities if required by law. - The basis for the processing of personal data will be Article 6(1)(a) and the content of the General Data Protection Regulation. - Personal data will be stored and processed for the period necessary to complete the processing and fulfilment of the order, but no longer than for a period of 3 years (2 years is the complaint period and 1 year for any other claims and exceptional circumstances) - The person providing their personal data has the right to lodge a complaint with the Information Commissioner's Office if they consider that the processing of personal data relating to the execution of the order violates the provisions of the General Data Protection Regulation of 27 April 2016. - the data will be processed at the Seller's places of business, including in particular at the florist's studio and office, the addresses of which are disclosed in the CEIDG (Central Registration and Information on Business).
  5. With regard to the processing of personal data, the European Commission has not determined an adequate level of protection for this store by way of a decision, but the data will be adequately secured by means of IT and legal solutions and measures.
  6. Your data will be processed automatically, including in the form of profiling.
  7. The amended Terms and Conditions are binding on Customers if the requirements specified in Article 384 of the Civil Code have been met (i.e. the Customer has been properly notified of the changes).
  8. The Seller reserves the right to amend the Terms and Conditions for important reasons, namely: a) changes in the law; b) changes in payment and delivery methods; c) changes in exchange rates; d) changes in the manner of providing electronic services covered by the Terms and Conditions; e) changes in the Seller's details, including e-mail address and telephone number.
  9. Changes to the Terms and Conditions do not affect orders that have already been placed and are being processed; these orders are subject to the Terms and Conditions in force at the time of placing the order. The Seller shall notify the Customer of any intended changes on the website at least 30 days in advance. In the event of non-acceptance of the amended Terms and Conditions, the Service Recipient may terminate the contract with immediate effect within 30 days of receiving the notification.
  10. Any disputes arising from the provision of services under these Terms and Conditions shall be submitted to the Common Court of Justice at the discretion of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
  11. The appendices to the Regulations constitute an integral part thereof.
  12. The sales agreement is concluded in Polish, with content consistent with the Terms and Conditions.
  13. Customers of the aforementioned store may access these Terms and Conditions at any time via a link on the home page of the website and download and print them; however, commercial use is protected by LEGATO Law Firm.
  14. The regulations come into force on 14 March 2024.
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