Terms of service

 

REGULATIONS OF THE FLOWERBAR.PL ONLINE STORE

 

TABLE OF CONTENTS:

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

 

§ 1 DEFINITIONS

1. The order form- the form located on the domain www.flowerbar.pl, from which the Buyer sends the necessary information for the execution of the Order, such as: contact details, shipping address, specifies the size and quantity of the purchased product, provides the e-mail address to which it is to be confirmation of placing the order is sent and orders the order to be processed.
2. Consumer- a natural or legal person or an organizational unit without legal personality, with full legal capacity, which submits 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 and organizational unit, other than a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf, submitting or intending to place an Order as part of an activity directly related to its business or professional activity.
5. Product- the item on the Online Store website that may be the subject of the Order.
6. statute- this document, including all annexes and documents described in it.
7. Online shop(also:FLOWERBAR.PL) - an internet platform run by the Seller, available at the domain www.flowerbar.pl and which allows the Buyer to place Orders.
8. Seller- Anastasiya Klimenka, conducting business activity FLOWER BAR ANASTASIYA KLIMENKA with its seat 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 or legal person or an organizational unit without legal personality, which the law grants legal personality, which uses the Online Store in any way (and is not a Buyer).
11. Order- a declaration made by the Buyer via the Order Form on expressing the will to purchase the Product or concluding another contract via the Online Store.

 

§ 2 GENERAL PROVISIONS

1. Throughflowerbar.plThe seller conducts retail sales of decorative products and flowers by electronic means.
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 covered by Orders confirmed by the Seller.
3. Disclosure of the Product by the Seller on the Product Website and in the Online Store does not constitute an offer of the Seller within the meaning of the Civil Code. The offer is submitted and the contract is concluded by clicking the "ORDER" button by the Buyer, which generates the Buyer's offer to the Seller regarding the purchase of the Products covered by the Order.
4. Orders throughflowerbar.plcan be submitted 24 hours a day, 7 days a week.
5. The User may contact the Seller by phone:+48731807798or electronic:info@flowerbar.pl
6. Before using the Online Store, the User is obliged to read the content of these Regulations. Getting acquainted with the Regulations and accepting them is a condition for placing an Order.
7. The provisions contained in the Regulations guarantee the rights of the User under applicable law in force in the territory of the Republic of Poland.
8. The law applicable to contracts concluded via the Online Store is Polish law.

 

§ 3 TECHNICAL REQUIREMENTS

1. In order to use the services of the Online Store, the Buyer should use an ICT system that meets the following criteria:

• A computer or electronic device ensuring connectivity to the Internet,
• Have an e-mail address.

1. 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 Java Script support and cookies enabled.

 

§ 4 ORDER COMPLETION

1. In order to place an Order, the Buyer must complete the Order Form (provide all the data required therein) and accept the Regulations.
2. The Buyer is responsible for providing true and correct data necessary to perform the Order in the Order Form. If the Buyer provides incomplete or false data, the Seller shall not be liable for non-performance or incorrect performance of the Order.
3. The contract is concluded by submitting the Order and its confirmation by the Seller. No confirmation of placing the Order means that the contract has not been concluded. The procedure for placing an Order and its implementation is as follows:

• The Buyer selects the Product - by marking it on the Product Page with the "ADD TO CART" button;
• After selecting the Product, the Buyer fills out the Order Form and accepts the Regulations;
• The Buyer selects the form of payment for the Order and the method of delivery. The purchase is made by clicking the "ORDER AND PAY" button;
• The buyer makes the payment in accordance with the form chosen by him;
• The Seller verifies the payment, and after positive verification, accepts the Order for execution;
• The Seller confirms to the Buyer the submission of the Order and its payment;
• The Seller sends the ordered Product (in accordance with the method indicated by the Buyer) and informs him about this circumstance.

1. The order is processed after receiving the payment by the Seller. If the payment is received on Saturday or Sunday or any other day recognized as a statutory holiday, the Seller shall proceed to the execution of the order on the next working day.
2. If the Buyer selects the "cash on delivery" option, the Order shall be processed after placing the Order and selecting this form of payment. The steps described in paragraph 3 lit. (d) - (e) is omitted, and par. 3 lit. (f) - (g) and par. 4 shall apply accordingly.
3. In the case of placing an Order for several Products, when there are significant differences in the execution time of the Order for individual Products, the Seller may divide the Order into smaller shipments and execute the Order in parts. In this case, the total cost of delivery given when placing the Order may change. The division of the Order into parts and a change in delivery costs may only take place after prior contact with the Buyer and obtaining his consent to such changes.
4. The Seller is obliged to notify the Buyer in the absence of the ordered Products in the warehouse and the extended period of the Order (other than that indicated on the Product Page), no later than within 3 days of placing the Order. In such a case, the Buyer may agree to extend the duration of the contract (for the period indicated by the Seller) or cancel the ordered Product or the entire Order.
5. If it is not possible to process the order due to the permanent unavailability of the Product, the Seller should notify the Buyer about it within 30 days of placing the Order and return the entire sum of money received from him.

 

§ 5 PAYMENTS

1. The prices presented in the Online Store (on the Product Page) are gross prices and include VAT.
2. The Seller, at the request of the Buyer made when placing the Order (by marking the appropriate option in the Order Form), may issue an invoice without VAT. The Buyer also authorizes the Seller to issue an invoice without the recipient's signature and agrees to send the invoice by e-mail.
3. The prices posted in the Online Store (on the Product's Website) do not include shipping costs, which are to be borne by the Buyer. The exact costs and shipping conditions are described in the "Delivery" tab - when placing the Order.
4. The Seller reserves the right to change the prices of Products in the Online Store's offer, post information about new goods, add and cancel promotional campaigns on the Online Store's website, or introduce changes to them. This right does not apply to Products for which the Buyer has already placed and paid for the Order. 
5. When placing an Order, the Buyer may choose the following payment methods:

• cash on delivery, the order will be processed after the Buyer places the order;
• payment using Przelewy24;
• 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.
• Payment in cash or by card upon personal collection.

1. In the case of some payments, a handling fee may be added to the Product price - charged by the operator of a given payment system and according to the rates adopted by him, for which the Seller is not responsible, about which the Buyer is informed when placing the Order.
2. Orders that have not been paid within the time specified for a given form of payment will be automatically canceled.
3. In the case of certain Products, the Seller has the right to restrict the method of payment by not making some of them available. In this case, relevant information will be posted on the Product Page.

 

§ 6 DELIVERY AND PERSONAL COLLECTION

1. Pickup in person is possible after prior arrangement / order at the following address: ul. Mińska 22, 03-808 Warsaw.
2. Courier delivery. The carrier delivers the parcels on the date indicated when placing the Order. The seller is not responsible for the carrier's failure to meet the applicable deadlines.
3. Product delivery costs are borne by the Buyer, and they are charged in accordance with 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 completion 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 informative, in accordance with the carriers' offer, and the Seller is not responsible for the carrier's failure to meet the delivery time.
6. An order for a Product with a different delivery time is sent after completing the entire Order, i.e. after the longest of the times specified for the ordered Products. If the Order is divided, individual parcels will be sent at different times - after prior agreement with the Buyer.
7. The Buyer undertakes to collect the Product shipped.
8. Upon receipt of the Product, it is recommended to check the contents of the package in the presence of the courier in order to verify that the contents correspond to the Order and that no damage has occurred during transport.
9. If there is damage to the shipment, a damage report should be drawn up in the presence of the courier and then the Seller should be informed about this fact. Failure to draw up a damage report by the Buyer does not exclude or suspend the examination of a possible complaint, however, it may make it difficult for the Buyer to prove the existence of damage at the time of delivery and may constitute a reason for the Seller not to accept the complaint.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

1. Pursuant to the provision of Art. 27 of the Act of May 30, 2014 on consumer rights, the consumer has the right to withdraw from the contract within 14 days, without giving a reason and without incurring costs. In order to exercise the right of withdrawal, please send a template of the Statement of withdrawal from the contract constituting Annex 2 to the Act of 30 May 2014 on consumer rights. The completed declaration may be sent in writing to the following address: Flower Bar Anastasiya Klimenka, ul. Mińska 25A / 65, 03-808 Warsaw or by e-mail - from the e-mail address provided in the Order Form to the mail info@flowerbar.pl
2. The pattern is additionally available in point 12 of the Regulations
3. Pursuant to the provision of Art. 38 points 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 needs of the Consumer (in particular made according to the guidelines provided by the Consumer).
4. The costs of returning the Product to the Seller as well as additional costs charged by the courier company are borne by the Consumer.
5. The reimbursement of all payments made by the Consumer to the Seller will be made to his bank account with which he made the payment within 14 working days from the date of receipt of the Consumer's statement on withdrawal from the Agreement - unless the Consumer indicates a different account upon or after submitting the declaration of withdrawal from the Agreement. banking. The Seller may withhold the reimbursement until the Product is returned or the Consumer provides proof of its return.
6. If the Consumer chooses a more expensive delivery method than the cheapest one offered by the Seller, the Seller is obliged to refund the delivery costs to the cost of the cheapest delivery (Article 33 of the Act of May 30, 2014 on consumer rights).
7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product (Article 34 (3) of the Act of May 30, 2014 on consumer rights). Such use of the Product can be considered in particular: depriving the product of its original tags, wearing by the Product traces of use to a greater extent than described in the preceding sentence, damage to the Product.

 

 

§ 8 WARRANTY AND METHOD OF SUBMITTING A COMPLAINT

1. The Seller is liable to the Buyer under the warranty for Product defects 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 Product defects.
3. The complaint of the Product is made by the Consumer by notifying the Seller by e-mail or in writing about finding a defect in the Product.
4. The complaint may be submitted by completing the electronic form available in the Online Store in the "Return and complaint" tab, by e-mail to the following address:info@flowerbar.plor in writing to the address of the Seller.
5. The advertised Product must be accompanied by a proof of purchase.
6. The seller considers the complaint immediately, but not later than within 14 days from the date of its submission.
7. The answer to the complaint is given according to the method adopted by the Buyer.
8. If the Product has a defect, the Consumer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective product with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or to remove the defect.
9. The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with a non-defective one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. .
10. The consumer may not withdraw from the contract if the defect of the Product is irrelevant.
11. If the Consumer, exercising his rights under the warranty for physical defects of the Product, demands the replacement of the Product or withdraws from the contract, the Product complained about is delivered to the Seller by the Consumer, but at the Seller's expense. The claimed Product should then be sent back to the Seller's address.

 

§ 9 PERSONAL DATA PROTECTION

The Seller processes the personal data of the Buyer and the User on the terms described in the privacy policy, available at flowerbar.pl

 

§ 10 INTELLECTUAL PROPERTY

1. All content on the flowerbar.pl website is protected by copyright and is the property offlowerbar.pl.The consumer is fully responsible for the damage caused to the Seller, resulting from the use of any content on the flowerbar.pl website, without the consent of the Seller.
2. Any use by anyone, without the express written consent of the Seller, of any of the elements constituting the content and content of the flowerbar.pl website constitutes a violation of the Seller's copyright and results in civil and criminal liability.

 

§ 11 FINAL PROVISIONS

1. In the event of a non-compliance of a given provision of the Regulations with applicable law, the remaining provisions of the Regulations shall remain binding for the Parties.
2. The Seller does not consent to the use of his data described in the Regulations (e-mail address and telephone number) for purposes other than the submission and implementation of the Order; in particular, the Seller does not consent to the use of this data for the purposes of direct marketing or receiving unsolicited commercial information.
3. In matters not covered by the above regulations, the provisions of the Polish Civil Code shall apply.
4. The Seller has the right to change the Regulations - by providing its updated content on the Website. The amendment to the Regulations does not affect the implementation of Orders that have been paid and confirmed - unless the change results from generally applicable provisions that apply to already paid and confirmed Orders.
5. Users can send any comments, suggestions and questions toinfo@flowerbar.pl

 

§ 12TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT