Terms of service

 

TERMS AND CONDITIONS OF THE ONLINE STORE FLOWERBAR.PL

 

TABLE OF CONTENTS:

1. DEFINITIONS
2. GENERAL PROVISIONS
3. TECHNICAL REQUIREMENTS
4. ORDER FULFILLMENT
5. PAYMENTS
6. DELIVERY AND COLLECTION
7. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8. WARRANTY AND COMPLAINT PROCEDURE
9. PERSONAL DATA PROTECTION
10. INTELLECTUAL PROPERTY
11. FINAL PROVISIONS
12. WITHDRAWAL FORM TEMPLATE

 

§ 1 DEFINITIONS

1. Order Form – a form available at the domain www.flowerbar.pl, through which the Buyer sends necessary information to fulfill the Order, such as: contact details, shipping address, specifies the size and quantity of the product being purchased, provides an email address to which the order confirmation should be sent, and commissions the order fulfillment.
2. Consumer – a natural person, legal person, or organizational unit without legal personality, fully legally capable, who places or intends to place an Order in the Online Store.
3. Buyer – Consumer or Entrepreneur making or intending to make a purchase in the Online Store.
4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf, placing or intending to place an Order in connection with their business or professional activity.
5. Product – an item listed on the Online Store website that may be the subject of an Order.
6. Terms and Conditions – this document including all attachments and documents described within.
7. Online Store (also: FLOWERBAR.PL) – an online platform operated by the Seller available at the domain www.flowerbar.pl that enables Buyers to place Orders.
8. Seller – Anastasiya Klimenka, conducting business under FLOWER BAR ANASTASIYA KLIMENKA based in Warsaw, 03-808, ul. Mińska 25A/65, NIP:1132914269, REGON:387334770.
9. Product page – a single subpage on the website www.flowerbar.pl containing information about a single product.
10. User – any natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, who uses the Online Store in any way (and is not a Buyer).
11. Order - a statement made by the Buyer via the Order Form expressing the will to purchase a Product or conclude another agreement through the Online Store.

 

§ 2 GENERAL PROVISIONS

1. Via flowerbar.pl The Seller conducts retail sales electronically of decorative Products and flowers.
2. The Seller has the right to change the list of available products in the Online Store at any time and without prior notice. This does not apply to Products that have been included in Orders confirmed by the Seller.
3. The disclosure of the Product by the Seller on the Product page and in the Online Store does not constitute an offer by the Seller within the meaning of the civil code. The offer and conclusion of the contract take place by the Buyer clicking the "ORDER" button, which generates an offer from the Buyer to the Seller to purchase the Products covered by the Order.
4. Orders via flowerbar.pl orders can be placed 24 hours a day, 7 days a week.
5. The User may contact the Seller by phone: +48731807798 or electronic: info@flowerbar.pl
6. Before starting to use the Online Store, the User is obliged to read these Terms and Conditions. Reading and accepting the Terms and Conditions is a condition for placing an Order.
7. The provisions contained in the Terms and Conditions guarantee the User the rights granted under the applicable laws in force in the territory of the Republic of Poland.
8. The governing law for contracts concluded via the Online Store is Polish law.

 

§ 3 TECHNICAL REQUIREMENTS

1. To use the Online Store services, the Buyer should use an IT system meeting the following criteria:

• A computer or electronic device providing Internet connectivity,
• Have an email address.

2. It is recommended to use the latest versions of browsers: Safari, Microsoft Edge, Google Chrome, Mozilla in their latest versions, as well as to have JavaScript and Cookies enabled.

 

§ 4 ORDER FULFILLMENT

1. To place an Order, the Buyer must fill out the Order Form (provide all required data) and accept the Terms and Conditions.
2. The Buyer is responsible for providing true and correct data necessary for the fulfillment of the Order in the Order Form. In case of incomplete or false data provided by the Buyer, the Seller is not responsible for non-performance or improper performance of the Order.
3. The contract is concluded by placing the Order and its confirmation by the Seller. Lack of confirmation of the Order means that the contract has not been concluded. The procedure for placing and fulfilling the Order is as follows:

• The Buyer selects a Product by marking it on the Product page with the "ADD TO CART" button;
• After selecting a Product, the Buyer fills out the Order Form and accepts the Terms and Conditions;
• The Buyer selects the payment method for the Order and the delivery method. The purchase is made by using the "ORDER" button;
• The Buyer makes the payment according to the chosen payment method;
• The Seller verifies the payment, and after positive verification, accepts the Order for processing;
• The Seller confirms to the Buyer the placement of the Order and its payment;
• The Seller ships the ordered Product (according to the method indicated by the Buyer) and informs the Buyer of this fact.

4. The Order is processed after the Seller receives the payment. If the payment is received on a Saturday, Sunday, or another day recognized as a public holiday, the Seller will start processing the order on the next business day.
5. If the Buyer chooses the "cash on delivery" payment option, the Order is processed after placing the Order and selecting this payment method. The steps described in section 3 points (d) - (e) are omitted, and sections 3 points (f) – (g) and section 4 apply accordingly.
6. If an Order is placed for several Products with significant differences in the fulfillment time for individual Products, the Seller may split the Order into smaller shipments and fulfill the Order in parts. In such a case, the total delivery cost indicated when placing the Order may change. The division of the Order into parts and changes in delivery costs may only occur after prior contact with the Buyer and obtaining their consent to such changes.
7. The Seller is obliged to notify the Buyer in case of unavailability of the ordered Products in stock and an extended order fulfillment period (different from that indicated on the Product Page), no later than 3 days from placing the Order. In such a case, the Buyer may agree to extend the order fulfillment time (for the period indicated by the Seller) or cancel the ordered Product or the entire Order.
8. If it is not possible to fulfill the order due to the permanent unavailability of the Product, the Seller should notify the Buyer no later than 30 days from placing the Order and refund the entire amount received from the Buyer.

 

§ 5 PAYMENTS

1. Prices displayed in the Online Store (on the Product Page) are gross prices and include VAT.
2. The Seller, at the Buyer's request made during the Order placement (by selecting the appropriate option in the Order Form), may issue an invoice. At the same time, the Buyer authorizes the Seller to issue the invoice without the recipient's signature and agrees to receive the invoice electronically.
3. Prices listed in the Online Store (on the Product page) do not include shipping costs, which the Buyer is obliged to bear. Exact shipping costs and conditions are described in the "Delivery" tab – when placing the Order.
4. The Seller reserves the right to change the prices of Products offered in the Online Store, post information about new goods, add and cancel promotional campaigns on the Online Store pages, sales, or make changes to them. This right does not apply to Products for which the Buyer has already placed and paid for an Order.
5. When placing an Order, the Buyer can choose from the following payment methods:

• cash on delivery payment, order processing will begin after the Buyer places the Order;
• payment using PayU;
• payment by bank transfer to the Seller's bank account indicated in the Online Store, the payment deadline is 1 day from the date of placing the Order.
• Cash payment upon personal pickup.

1. For some payments, an additional handling fee may be added to the Product price – charged by the operator of the given payment system according to their rates, for which the Seller is not responsible, and the Buyer is informed about this when placing the Order.
2. Orders that have not been paid within the time specified for the given payment method are automatically canceled.
3. For certain Products, the Seller reserves the right to restrict payment methods by not making some of them available. In such cases, the relevant information will be posted on the Product page.

 

§ 6 DELIVERY AND PERSONAL PICKUP

1. Personal pickup is possible after prior arrangement/order at the address: ul. Mińska 24, 03-808 Warsaw.
2. Courier shipment. The carrier delivers shipments within the time specified when placing the Order. The Seller is not responsible for the carrier failing to meet the applicable deadlines.
3. The Buyer bears the Product delivery costs, which are charged according to the current price list. The Buyer is informed about the shipping costs when placing the Order.
4. On the Product page, the Seller provides the Order processing time for each Product. This information is an approximate delivery time.
5. When choosing the delivery method, the Seller provides the delivery time. The delivery time is given for informational purposes, according to the carriers' offers, and the Seller is not responsible for the carrier failing to meet the delivery time.
6. An Order for Products with different processing times is shipped after the entire Order is completed, i.e., after the longest time given for the ordered Products has passed. In the case of splitting the Order, individual shipments will be sent at different times – after prior agreement with the Buyer.
7. The Buyer undertakes to accept the sent Product.
8. At the time of receiving the Product, it is recommended to check the contents of the package in the presence of the courier to verify whether the contents correspond to the Order and whether any damage occurred during transport.
9. If the shipment is damaged, a damage report should be drawn up in the presence of the courier and then the Seller should be informed of this fact. Failure to prepare a damage report by the Buyer does not exclude or delay the consideration of any complaint, but it may make it more difficult for the Buyer to prove the existence of damage at the time of delivery and may be a reason for the Seller to reject the complaint.

 

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. According to Article 27 of the Act of May 30, 2014, on consumer rights, the Consumer has the right to withdraw from the concluded contract within 14 days, without giving any reason and without incurring costs. To exercise the right of withdrawal, please send the Withdrawal Statement template, which is Annex No. 2 to the Act of May 30, 2014, on consumer rights. The completed Statement can be sent in writing to: Flower Bar Anastasiya Klimenka, ul. Mińska 25A/65, 03-808 Warsaw or electronically from the email address provided in the Order Form to info@flowerbar.pl
2. The template is additionally available in point 12 of the Terms and Conditions.
3. According to Article 38 point 3 of the Act of May 30, 2014, on consumer rights, the right referred to in paragraph 1 does not apply if the subject of the Order is a Product individually tailored to the Consumer's needs (in particular made according to the Consumer's specifications).
4. The Consumer bears the costs of returning the Product to the Seller as well as any additional charges imposed by the courier company.
5. A refund of all payments made by the Consumer to the Seller will be made to the bank account used for the payment within 14 business days from the date of receipt of the Consumer's statement of withdrawal from the Agreement – unless the Consumer indicates a different bank account when or after submitting the withdrawal statement. The Seller may withhold the refund until the Product is returned or the Consumer provides proof of its dispatch.
6. If the Consumer chooses a delivery method when placing the Order that is more expensive than the cheapest offered by the Seller, the Seller is obliged to refund the delivery costs up to the cost of the cheapest delivery (Art. 33 of the Act of May 30, 2014, on consumer rights).
7. The Consumer is responsible for the reduction in the value of the Product resulting from using it in a way that exceeds what is necessary to establish the nature, features, and functioning of the Product (Art. 34 sec. 3 of the Act of May 30, 2014, on consumer rights). Such use of the Product may include, in particular: removing the product's original tags, the Product showing signs of use to a greater extent than described in the previous sentence, damaging the Product.

 

 

§ 8 WARRANTY AND METHOD OF SUBMITTING A COMPLAINT

1. The Seller is liable to the Buyer under the warranty for defects of the Product to the extent specified in the Civil Code. 
2. If the Buyer is an Entrepreneur, the Parties exclude the Seller's liability under the warranty for defects of the Product.
3. The Consumer makes a Product complaint by notifying the Seller by email or in writing about the detected defect of the Product.
4. The complaint can be submitted by filling out the electronic form available in the Online Store under the “Return and complaint” tab, or by email to the address: info@flowerbar.pl or in writing to the Seller's address.
5. Proof of purchase must be attached to the complained Product.
6. The Seller considers the complaint immediately, but no later than within 14 days from the date of its submission.
7. The response to the complaint is provided according to the method accepted by the Buyer.
8. If the Product has a defect, the Consumer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with one free of defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or if the Seller has failed to fulfill the obligation to replace the item with one free of defects or to remove the defect.
9. The Consumer may, instead of the defect removal proposed by the Seller, demand the replacement of the item with one free of defects or, instead of replacing the item, demand defect removal, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.
10. The Consumer cannot withdraw from the contract if the Product defect is insignificant.
11. If the Consumer, exercising their rights under the warranty for physical defects of the Product, demands a replacement of the Product or withdraws from the contract, the delivery of the claimed Product to the Seller is done by the Consumer but at the Seller's expense. The claimed Product should then be sent to the Seller's address.  

 

§ 9 PERSONAL DATA PROTECTION

The Seller processes the personal data of the Buyer and User according to the principles described in the privacy policy available on the flowerbar.pl website

 

§ 10 INTELLECTUAL PROPERTY

1. All content posted on the flowerbar.pl website is protected by copyright and is the property of flowerbar.pl. The Consumer bears full responsibility for any damage caused to the Seller as a result of using any content from the flowerbar.pl website without the Seller's consent.
2. Any use by anyone, without the express written consent of the Seller, of any elements constituting the content and substance of the flowerbar.pl website constitutes a violation of the copyright belonging to the Seller and results in civil and criminal liability.

 

§ 11 FINAL PROVISIONS

1. If any provision of the Terms and Conditions is found to be inconsistent with applicable law, the remaining provisions of the Terms and Conditions remain binding for the Parties.
2. The Seller does not consent to the use of its data described in the Terms and Conditions (email address and phone number) for purposes other than placing and fulfilling the Order; in particular, the Seller does not consent to the use of this data for direct marketing purposes or receiving unsolicited commercial information.
3. In matters not regulated by the above Terms and Conditions, the provisions of the Polish Civil Code shall apply.
4. The Seller has the right to change the Terms and Conditions – by providing its updated content on the Website. Changes to the Terms and Conditions do not affect the fulfillment of Orders that have been paid for and confirmed – unless the change results from generally applicable laws that apply to already paid and confirmed Orders.
5. Users can send any comments, suggestions, and questions to the address info@flowerbar.pl

 

§ 12 WITHDRAWAL FORM TEMPLATE