Terms and Conditions
1.The owner of the online store is AFANNAFLEUR ANNA TRENCHUK, correspondence address: Aleja Prymasa Tysiąclecia 83a lokal U2, Warsaw, identifying itself with NIP numbers 1133080056 and REGON 523877534, e-mail address: annafleur.trenchuk@gmail.com Num. Tel. +48575768035
2.These Terms and conditions are addressed to both customers who are consumers and to Customers who are not consumers using the online store.
3.Part of our range can only be ordered by adults who are 18 years of age or older.
4.Acceptance of these Terms and conditions is voluntary, but necessary in order, for example, to create a Customer Account, and above all in order for the customer to place an order in the online store.
5.The terms and conditions are made available free of charge by the seller in the online store in a way that allows customers to familiarize themselves with its contents and record its contents by printing or saving on an external medium, e.g. downloading in PDF form.
6.The information presented in the online store constitutes only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, addressed by the seller to customers, and not an offer in accordance with the provisions of the Civil Code.
Key terms and conditions
§2
1.If the following capitalized phrases are used in the following part of the terms and conditions, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:
a. promotional action– special conditions of sale or provision of services, regulated on the terms expressed in the online store, proposed by the seller at a certain time, which the customer can use on the terms specified there, such as, for example, a price reduction for a product or promotional set, or a reduction / absence of shipping costs. The details of the promotional action are governed by the terms of the promotional action, in accordance with the information provided within the online store.
B. BOK – the seller's Customer Service Office, which provides customers with information regarding the activities carried out by the online store, in particular about the products, the activities of the online store, the terms and conditions and current promotions, on working days, at the hours indicated in the online store, at the phone number, e-mail address and mailing address indicated there.
C. price-the amount of gross remuneration (including tax) in Polish zlotys due to the seller in order to transfer ownership of the product to the customer in accordance with the sales agreement. The price does not include the cost of delivery, unless the terms of the promotion in force at the time in the online store are otherwise.
d. client – (1) a natural person; or acting through an Authorized Person (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; having full legal capacity. If the customer is a natural person with limited legal capacity, he/she undertakes to obtain legally effective consent of his / her legal representative for the conclusion of a service agreement / Sales Agreement and to provide such consent at any request of the seller, while as a rule, sales agreements concluded within the online store have the character of agreements generally concluded in minor current matters of everyday life.
E. consumer – a natural person performing a legal act with an entrepreneur not directly related to his business or professional activity.
F. customer account-electronic service; marked with an individual name (login) and password provided by the customer a set of resources in the IT system of the seller, allowing the customer to use additional functionalities/services. The customer accesses the account using a login and password. The customer logs in to his / her account after registration in the online store. The account allows you to save and store information about the customer's address data for shipping products, access order history and other services provided by the seller.
G. shopping cart – a service available to each customer who uses the online store, consisting in enabling him / her to easily place an order for one or several products, enter discount codes that allow reducing the price on the terms specified in separate terms and Conditions of promotional actions, display a summary of the price of individual products and all products together (including, where applicable, shipping costs), send the customer a message about the products remaining in the basket or an unsuccessful transaction (transaction mail). The shopping cart collects offers to conclude a sales agreement submitted by the customer, i.e. more than one offer to conclude a sales agreement can be submitted within one order.
H. LOGIN-the customer's user name provided within the store when creating an account.
I. NEWSLETTER-an electronic service that allows all customers using it to receive periodic information from the seller, in particular about products, the online store, including news and promotions, to the e-mail address provided by the customer, with the explicit consent of the customer.
J. product – all movable items available in the online store that are the subject of a sales agreement between the customer and the seller, for payment of the price.
K. entrepreneur-consumer-client, who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it does not have a professional character for him, resulting in particular from the subject of the business activity performed, made available on the basis of the provisions on Central Records and information of Business Activity.
L. terms and conditions – this document sets out the rules for concluding sales contracts and the rules for providing and using services provided by the seller through the store to customers. The terms and conditions define the rights and obligations of the customer and the seller. In the scope of services provided by electronic means, these regulations are the regulations referred to in Article 8 of the act of 18 July 2002 on the provision of services by electronic means.
m. seller / owner – AFANNAFLEUR ANNA TRENCHUK, correspondence address: Aleja Prymasa Tysiąclecia 83a lokal U2, Warsaw, identifying with NIP numbers 1133080056 and REGON 523877534, e-mail address: annafleur.trenchuk@gmail.com Num. Tel. +48575768035.
n. content – content-text, graphic or multimedia elements (e.g. product information, product photos, promotional videos, descriptions, comments) including works within the meaning of the act on copyright and related rights and images of natural persons that are posted and distributed within the online store by the seller, the seller's contractors, the customer or another person using the Online Store, respectively.
A. Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code, concerning the sale by the seller to the customer of a product for payment of a price increased by additional fees, including shipping costs. The contract of sale is concluded between the customer and the seller using means of distance communication, after acceptance of the order by the seller on the terms set out in these Terms and conditions. The sales agreement specifies in particular the product, its main characteristics, price, shipping costs and other relevant conditions. Each product is subject to a separate sales agreement. The seller, as part of the functionality of the online store, for objective (materially justified) reasons, may reserve the conclusion of only one contract for several products due to a direct relationship between the products – for example, a promotional set, according to the content of the terms of the promotional action.
p. electronic service – provision of services by electronic means within the meaning of the act of 18 July 2002 on the provision of services by electronic means, by the seller to the customer through the online store, in accordance with the contract for the provision of services. To the extent that the services are provided by entities cooperating with the seller, the relevant provisions on the rules for using these services are contained in the regulations for the provision of services by these entities.
q. order – a statement of the customer's will expressing the Direct will to conclude a distance Sales Agreement submitted using means of distance communication, specifying the product for which the customer submits an offer to conclude a Sales Agreement and the customer's data necessary for the possible conclusion and performance of the sales agreement. The order of each product will be treated as an independent offer of the customer to conclude a sales agreement. During the promotional campaign, the seller within the functionality of the online store, for objective reasons, may make the conclusion of a single sales agreement for several products within the promotional set conditional, due to the direct relationship between the products. The order can be given a single number, and all offers will be processed in parallel. Acceptance of the order means the conclusion of the contract of sale.
§3
2.The use of the online store requires that the terminal device and the ICT system used by the customer meet the relevant technical requirements. Minimum technical requirements for the user's device to allow full and correct use of the online store:
a. device with Internet access;
b. the latest version of the web browser.
3.The seller declares that it makes every effort to provide customers with constant access to the online store and the services provided. However, the seller does not guarantee that the use of the online store will be without errors and technical interruptions. The seller reserves the right to suspend or restrict access to the online store at any time without prior notice to customers.
4.The seller is not responsible for the content and contents of other services and portals to which the customer may be redirected using links placed in the online store.
Electronic services in the online store
§4
1.The seller provides through the Online Store free of charge the following electronic services to customers:
a. customer account, in case of its registration;
B. enabling customers to place orders, conclude sales contracts, on the terms set out in these regulations;
C. presenting advertising content tailored to customers ' interests;
d. enabling customers to use the shopping cart services;
e. enable you to add reviews about purchased products;
F. enabling you to view content placed within the store, including content of a marketing nature;
g. contact form;
H. Livechat;
I. Newsletter.
2.The seller additionally, for the benefit of customers who have created an account, provides the following services free of charge through the online store:
a. maintaining the client's session after logging in to the account (using the browser);
B. storage and sharing of the order history with the customer through the account;
c. enabling customer data to be changed in the account;
d. shipment tracking;
e. collection of coupons and access to the discount program;
3.The use of the account is possible after the customer has completed the following steps:
a. filling in the registration form by indicating the e-mail address and password and giving consent to the processing of personal data, accepting the provisions of these Terms and Conditions;
B. confirmation of e-mail address;
c. effective registration, which will be confirmed by e-mail from the online store.
4.The contract for the provision of services is concluded upon receipt by the customer of confirmation of registration of the customer's account, sent by the seller to the email address provided by the customer during registration. The account is provided free of charge for an indefinite period. The customer has the possibility, at any time and without giving a reason, to delete the account (unsubscribe from the account) by sending an appropriate request to the seller, in particular by e-mail to: biuro@laflora.pl or in writing to the seller. Creating an account is not required to place an order in the online store. However, the seller may introduce such a restriction within the functionality of the online store, in particular due to the relationship of the product or type of products with the services provided under the account.
5.The use of the cart begins when the customer adds the first product to the cart.
6.The basket is provided free of charge and is of a one-time nature and is terminated upon placing an order through it or upon prior termination of placing an order through it by the customer.
7.In particular, the customer is obliged to:
a. providing only true, current and all necessary customer data in the forms made available within the online store;
b. immediate updating of data, including personal data, provided by the customer to the seller in connection with the conclusion of a contract for the provision of services or a contract of sale, in particular to the extent necessary for their proper performance;
c. use of services and functionalities provided by the seller in a way that does not interfere with the functioning of the seller and the online store;
d. use of services and functionalities provided by the seller in a way that is not burdensome for other customers and for the seller;
e. timely payment of the price and other costs set by the customer and the seller in full;
F. timely receipt of products;
G. verification at the carrier (Courier) that the goods have been delivered in full, without damage. In the event of damage to the goods by the carrier, you must write a damage report and inform the seller;
h. not to provide and not to transmit within the store any prohibited content, in particular content that violates the property rights of third parties or their personal property;
I. not taking actions such as:
* sending or placing in the Online Store content that violates the law (prohibition of placing illegal content);
* taking it actions or any other actions aimed at obtaining information not intended for the customer, including the data of other customers, or interfering with the rules or technical aspects of the operation of the store and making payments;
* modify in an unauthorized manner the content provided by the seller, in particular the prices or product descriptions given in the online store;
8.Complaints related to the provision of electronic services can be submitted by e-mail, telephone or in writing.
9.It is recommended that the customer provide in the description of the complaint: (1) Information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the customer's request and (3) contact details of the entity for which the goods were purchased and the data of the complainant (4) order number – this will facilitate and speed up the consideration of the complaint by the seller. The requirements given in the previous sentence are in the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
10.The seller shall respond to the complaint immediately, no later than within 30 days from the date of its submission, unless another term is stipulated by law or separate regulations.
Placing an order and concluding a sales agreement
§5
1.The main features of the service, taking into account the subject of the service and the manner of communication with the customer, are specified on the product page or in another way appropriate for the product, within the online store.
2.As part of the development of products or services available in the online store and due to their specifics, the seller may impose restrictions on the methods of placing orders for certain products. Where several contracts are submitted at the same time, at least one of which is subject to the restriction referred to above, this may affect the availability of procurement procedures for the remaining contracts.
3.The conclusion of a sales agreement between the customer and the seller occurs after the customer has previously placed an order.
4.The seller allows the customer to place an order through the online store in the following way, sequentially:
A. the customer adds the selected product (s) to the cart and selects the date of its delivery, then goes to the order form.
b. the customer having a customer account, if he / she has previously entered into his / her data necessary for the conclusion and execution of the sales agreement, confirms their topicality in the order form. The customer who does not have an account must fill out the order form himself / herself in the scope of his / her data necessary for the conclusion and execution of the sales agreement. In any case, providing outdated or incorrect customer data may prevent the performance of the contract. In the order form, it is necessary for the customer to provide the following data concerning the customer: name, address (Street, house/apartment number, postcode, City, Country), e-mail address, contact phone number and data related to the sales agreement: product (s), quantity of product (s), if available, type, color and size of the product, place and method of delivery of the product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company and tax ID number. In the case of entrepreneurs-customers, the seller may ask for the trader'S PKD numbers.
C. the customer can optionally also add the contents of the ticket, which will be attached to the ordered product. In the case of the use of words generally considered offensive in the ticket, they will be crossed out by US.
d. the customer chooses the method of payment of the price and any other total costs indicated in the order form for the implementation of the sales agreement.
E. the customer sends the order to the seller (makes an offer). In the case of a customer who does not have an account and has not previously accepted the terms and conditions, acceptance of the terms and conditions is required.
f.during placing an order, until the order confirmation button is pressed, the customer has the opportunity to independently correct the entered data within the "basket" panel by adding or removing a given item from the basket. Deleting an item may automatically remove another item from the cart due to the direct relationship between the products.
g. depending on the payment method chosen, the customer may be redirected to a third party payment service provider in order to make the payment.
5.After verifying the order, without unjustified delay, the seller sends a message to the customer at the specified e-mail address with:
a. confirmation of acceptance of one or more individual offers for products submitted as part of the order and confirmation of the conclusion of the sales agreement (acceptance of the order for the products indicated in the message); or
b. information about the inability to accept all offers for products.
6.The sales agreement is concluded upon confirmation of the offer(S), i.e. receipt by the customer of the message referred to above in the scope of the products indicated in it.
7.If it is not possible to accept all or some of the offers submitted as part of the order, BOK will contact the customer in order to:
A. to inform the customer that it is not possible to accept all offers to conclude a sales contract submitted as part of the order; or
B. confirmation by the customer of the will to fulfill the order in the part in which the seller has agreed to accept offers to conclude a sales agreement. Then the customer may cancel the entire order (in the scope of all offers), which does not affect his right to withdraw from the contract. Cancellation of the order by the customer releases the seller from the obligation to fulfill it. In the case of cancellation of the order, the following point applies..
8.If it is not possible to accept the offers/s submitted as part of the order, the sales agreement in the scope of the products indicated by the party is not concluded, and the seller immediately, no later than within 14 days, returns to the customer the payments made by him / her, to the extent that the sales agreement was not concluded.
9.Independently, the seller may inform the customer about the status of the order, in particular by sending messages to the e-mail address provided by the customer, SMS or by contacting by phone.
10.Delivery of the goods to the customer occurs at the time of receipt of the ordered product
11.The cost of any further attempt to deliver the order shall be borne by the customer.
12. We try to ensure that the ordered product complies with the description on the website. However, due to problems with the availability of individual components of the products, it may be necessary to change the composition of the product (for example, the use of other flowers). Any such change will be preceded by contact with the customer. If you are unable to contact the customer, the changes are accepted.
13.The seller strives to ensure the availability of all products and the execution of the sales agreement.
14.The total value of the order includes the price, shipping costs and, if applicable, other costs of optional paid services selected by the customer. The seller may, within a period chosen by him, determine the threshold of the minimum order value for which the shipment of products is free of charge. The total price together with taxes of the product being the subject of the order, as well as the delivery costs (including transportation, delivery and postal services fees) and other costs, and if it is not possible to determine the amount of these fees – the obligation to pay them, the customer is informed during the order, including at the time of the customer's will to be bound by the sales contract.
15.Promotions valid in the online store are not combined, unless the terms of the promotion expressly provide otherwise.
16.Each of the promotional actions carried out has the corresponding rules of the promotional action. In the case of a promotion, the provisions of the Promotion Terms and Conditions shall prevail over the provisions of these Terms and Conditions. In matters not covered by the terms and Conditions of the promotion, the provisions of these Terms and Conditions shall apply.
Payments
§6
1.The seller provides the customer with various methods of payment under the sales agreement, in particular electronic payments, including payment by credit card, through authorized external services and by bank transfer in accordance with the information provided within the online store.
2.Possible current payment methods are specified in the online store at the time of the customer's wish to be bound by the sales agreement. The payment methods available may depend on the delivery method or product chosen by the customer. The available payment methods may change if several orders are placed at the same time, in particular due to the products covered by them.
3.Settlements of electronic payments and payment card transactions are carried out according to the customer's choice through authorized services.
1.Delivery of the product is carried out through the florist's courier or postal operator or courier company selected by the customer during the order.
2.Delivery of the product to the customer is paid, unless the sales agreement provides otherwise. The currently available costs for the delivery of the product are indicated to the customer in the online store at the time of expressing the customer's will to be bound by the sales contract.
3.The available delivery methods may depend on the payment method or product chosen by the customer. The available delivery methods may change if several orders are placed at the same time, in particular due to the products covered by them.
4.Na the total waiting period for the customer to receive the product (delivery date) consists of the time of preparation of the order for shipment by the seller and the time of delivery of the product by the carrier.
5.If you specify a specific date and time of receipt of the order in the order form, we will deliver it in accordance with the order form, if this is confirmed in the order confirmation email.
6. The delivery time of the order may be extended for products that will require customization to the customer's order. The customer will be informed about the delivery date on the product card or in a separate message.
Reviews
§8
1.After receiving the ordered products, the customer may be asked via e-mail or website to add a review. The addition of opinions is entirely voluntary.
2.You can also add an opinion via the opinion form available on the product card posted in the online store, for this you must indicate your email address in order to verify that the opinion comes from the person who actually purchased the product.
3.By filling in the feedback form, the customer agrees to publish the content contained therein, in particular the number of stars and comments on the product in question, and to provide personal data to the extent necessary to post feedback.
4.Reviews posted in the online store are not sponsored in any way, and their content does not affect the terms of future contracts concluded with the seller.
5.We include all opinions, both positive and negative, as long as their content does not violate the provisions of the regulations or the provisions of applicable law.
6.Reviews posted in the online store are subject to verification for their preparation by customers who actually purchased the product. The verification is carried out by comparing the data of customers purchasing reviewed products with the data of people posting an opinion.
7.We are not responsible for reviews or their content posted outside the online store. In their case, we are also not able to guarantee that they were posted by our customers.
Complaints
§9
1.The customer being a consumer is entitled to make a complaint about the purchased product. The rights contained in Point 9 also apply to entrepreneurs-consumers.
2.The basis and scope of the seller's liability to the customer if the product sold has a physical or legal defect (warranty) are specified in the provisions of the Civil Code Act, in particular in Article 556 et seq.of the Civil Code.
3.The seller is obliged to provide the customer with a product without defects.
4.The complaint may be submitted by the customer, for example
a. in writing to: Aleja Prymasa Tysiąclecia 83a lokal U2, Warsaw
b. in electronic form by e-mail to: annafleur.trenchuk@gmail.com;
c. by telephone at +48575768035.
5.The basis and scope of the seller's liability to the customer if the product sold has a physical or legal defect (warranty) are specified in the provisions of the Civil Code Act, in particular in Article 556 et seq.of the Civil Code.
6.If the product sold is defective, the customer may:
A. to make a statement on price reduction or withdrawal from the sales agreement, unless the seller immediately and without undue inconvenience to the customer replaces the defective product with a defect-free product or removes such a defect. The reduced price should remain in such proportion to the price resulting from the contract, in which the value of the product with a defect remains to the value of the product without a defect. The customer may not withdraw from the contract if the defect of the product is insignificant;
b. request replacement of the product with a defect-free one or removal of the defect. The seller is obliged to replace the defective product with a defect-free one or to remove the defect within a reasonable time without undue inconvenience to the customer; subject to and on the terms specified in the relevant provisions of the Civil Code.
7.The customer may, instead of the defect removal proposed by the seller, request the replacement of the product with a defect-free product or, instead of the replacement of the product, request the removal of the defect, unless bringing the product into compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs in comparison with the method proposed by the seller. The assessment of excess costs shall take into account the value of the product as free from defects, the nature and significance of the defect found, and the inconvenience to the consumer that would otherwise be caused.
8.It is recommended that the customer provide in the description of the complaint: (1) Information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the product into compliance with the sales agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the consideration of the complaint by the seller. The requirements given in the previous sentence are in the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
9.The seller shall respond to the customer's complaint immediately, no later than within 14 days from the date of its receipt. If the customer has requested the replacement of the item or the removal of the defect or has submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within 14 days from the date of its receipt, it is considered that this request was considered justified.
10.In the event that in order for the seller to respond to the customer's complaint or to exercise the customer's rights arising from the warranty, it will be necessary to deliver the product to the seller, in accordance with article 5612 of the act. according to Article 354 § 2 of the Civil Code, the customer will be obliged to deliver the product at the expense of the seller.
11.The seller shall be liable under the warranty if the physical defect is found within two years from the date of issue of the product to the customer. The claim for the removal of a defect or replacement of a product free of defects expires after one year from the date of the defect, but in the case of an order placed by the consumer - the limitation period may not end before the expiry of the period referred to in the first sentence
Out-of-court ways to deal with complaints
§10
1.The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary. The following provisions are for informational purposes only and do not constitute an obligation of the seller to use out-of-court dispute resolution. The seller's declaration of consent or refusal to participate in the out-of-court settlement of Consumer Disputes is submitted by the seller on paper or other durable medium in the event that the dispute has not been resolved as a result of the Consumer's complaint.
2.The rules for conducting proceedings on out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this area are set out separately in legal provisions (including, in particular, in the act of 23 September 2016 on out-of-court resolution of consumer disputes) or in regulations applied by relevant entities competent in the field of Consumer Dispute Resolution. Detailed information on the possibility for a customer who is a consumer to use out-of-court methods of considering complaints and pursuing claims and the rules for access to these procedures may be available at the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include consumer protection, provincial inspectorates of trade inspection, in particular, also at the following internet address of the Office of competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php the president of the Office of competition and Consumer Protection maintains an open register of entities entitled to conduct proceedings on out-of-court resolution of Consumer Disputes.
3.A customer who is a consumer has the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims:
A. the customer is entitled to apply to the Permanent Arbitration consumer court referred to in Article 37 of the act of 15 December 2000 on trade inspection with a request to resolve a dispute arising from the concluded Sales Agreement.
B. the customer can obtain free assistance in resolving the dispute between the customer and the seller, also using the free assistance of the district (city) consumer advocate or a social organization whose statutory tasks include consumer protection (m.in. Federation of Consumers, Association of Polish consumers).
c. at http://ec.europa.eu/consumers/odr the European Commission provides a platform to resolve consumer disputes online. The seller is not currently participating in this voluntary alternative dispute resolution procedure.
Right of withdrawal-principles
§11
1.The customer, being a consumer who has concluded a distance contract, may withdraw from it without giving a reason and without incurring any costs, other than those provided for by law, within 14 days from the date of taking possession of the purchased product. The regulations of this return policy also apply to the Entrepreneur-consumer, who declares that he uses the right to withdraw from the contract on the basis of Article 38a of the act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 2). 287, as amended), because he concluded a contract directly related to his business activity, and the contract itself is not of a professional nature for him.
2.Do to comply with the deadline, it is sufficient for the consumer or entrepreneur – consumer to submit a seller's statement before its expiration. The consumer or entrepreneur-the consumer can make any unambiguous statement in which he will inform about his withdrawal from the sales agreement.
3.A statement of withdrawal from the sales agreement can be submitted, for example, in the following forms:
a. correspondence address: Aleja Prymasa Tysiąclecia 83a lokal U2, Warsaw
b. in electronic form by e-mail to: annafleur.trenchuk@gmail.com.
c. by telephone at+48575768035.
4.Consumer and entrepreneur-the consumer bears the cost of returning the product.
5.The period for withdrawal from the contract of sale starts from the date of taking possession of the products by the consumer, the Entrepreneur - consumer or a third party other than the carrier (representative) indicated by him, and in the case of a contract of sale that includes many products that are delivered separately, in batches or in parts – from taking possession of the last product, batch or part.
6.The consumer and the Entrepreneur-the consumer is obliged to return the product to the seller immediately, no later than within 14 days from the date on which he / she withdrew from the sales agreement. To meet the deadline, it is sufficient to return the product before it expires. The consumer may return the product to the following address: Aleja Prymasa Tysiąclecia 83a lokal U2, Warsaw
7.Consumer and entrepreneur-the consumer should protect the returned product in such a way that it is not destroyed during transport.
8.In the event of an effective withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
9.The seller is obliged to immediately, but not later than within 14 days from the date of receipt of the statement of the consumer or the Entrepreneur – Consumer about the withdrawal from the contract, to return to the consumer all payments made by him, including the costs of delivery of the product (with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest usual delivery method available in the online store). We may withhold a refund until we receive the returned goods or you send us confirmation of delivery of the package.
10.If the consumer or entrepreneur - consumer uses the statutory right of withdrawal, the seller shall refund the payment using the same method of payment as the consumer, unless he has expressly agreed to another method of refund that does not entail any costs for him.
11.If the consumer or entrepreneur - consumer exercises the statutory right of withdrawal, the consumer or entrepreneur - consumer shall be liable for the decrease in the value of the product resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the product or in connection with improper care of the product or improper packaging of the product when returning it to the seller. Responsibility of the consumer or entrepreneur – The consumer may include, in particular, the inability to put the product on sale as a full-fledged product, the costs of re-placing labels and security features on the product, as well as the costs of restoring the product to a condition that allows it to be re-put on sale within the online store, including the costs of examining the product by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the Consumer's use of the product in a way that exceeds what is necessary to determine its nature, characteristics and functioning).
12.The statutory right of withdrawal does not apply to the consumer and the Entrepreneur-consumer in the case of:
a. exceeding the deadline of 14 days to inform the seller of the will to withdraw from the sales agreement;
b. when the subject of the sales contract is a non-prefabricated item, manufactured to the customer's specifications or to meet his individual needs;
c. when the subject of the sales contract is an item that quickly deteriorates or has a short shelf life (for example, bouquets of our flowers).
Intellectual Property Rights
§12
1.All rights to the online store, and in particular proprietary copyrights, intellectual property rights to its name, internet domain, as well as to forms, legal documents, logos, trademarks, text, graphics, photos, and other content posted by the seller belong to the seller, and the use of them can only take place in accordance with the terms and Conditions.
2.It is prohibited to copy, duplicate, modify, reproduce or distribute any part of the online store, the service or its elements without the prior written consent of the seller, except as expressly permitted by applicable law and these Terms and Conditions. The seller may take steps, including through legal proceedings, to protect the interests of its own and customers of the online store.
3.The use of the online store data for commercial purposes may take place after prior notification of the seller and obtaining written consent from him.
Protection of personal data
§13
1.The principles of personal data protection are set out in the document "Privacy Policy"
2.The rules for the use of cookies on the website are set out in the document "Cookies"
Provisions for customers who are not consumers
§14
1.Upon release of the product by the seller to the carrier, the benefits and burdens associated with the product and the danger of accidental loss or damage to the product pass to the customer who is not a consumer. In such a case, the seller shall not be liable for loss, loss or damage to the product arising from its acceptance for carriage until it is delivered to the customer and for delay in the carriage of the consignment.
2.In accordance with article 558 § 1 of the Civil Code, the seller's liability under the guarantee for the product to a customer who is not a consumer is excluded.
3.Neither the Seller nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damage, including loss of profits, unless the damage was caused by them intentionally.
4.In any case where the liability of the seller, its employees, authorised representatives and/or agents is established, this liability towards the customer who is not a consumer, regardless of its legal basis, is limited - both within the framework of a single claim and for all claims in total - to the amount of the price paid and the delivery costs under the last contract of sale and covers only the actual damage suffered.
5.Any disputes arising between the seller and a customer who is not a consumer shall be submitted to the court having jurisdiction over the seller's Registered office.
6.With respect to Customers who are not consumers, the seller may amend the terms of Service at any time on the basis of generally applicable law.