Terms & Conditions
§1. General provisions
1. The Regulations define the rules for making purchases in the Store in the case of customers who have specified a place located in the territory of the Republic of Poland as the shipping address.
2. The following terms have the following meaning in these Regulations:
a) Working days - all days of the week from Monday to Friday, excluding public holidays.
b) Customer - a person using the Store, who is a natural person with full legal capacity (i.e., as a rule, who is 18 years of age), a legal person or an organizational unit, not a legal person, which the law grants legal capacity .
c) Consumer - a natural person who performs a legal transaction not directly related to his business or professional activity (Article 221 of the Civil Code). d) Customer account - a collection of information about the Customer, as well as about the activities performed by the Customer within the Store (including: customer data for the implementation of orders placed, order history, status of orders in progress). e) Regulations - these regulations.
f) Store or online store - an online store operating at www.fancyflora.com, run by the Seller, through which the Seller offers goods to customers.
g) Seller - Jakub Chmielniak running a business under the name "LETHE Jakub Chmielniak" with the main plant at the address: ul. Czajkowskiego 15, 43-300 Bielsko-Biała, NIP: 937-24-97-177, REGON: 241353364, email: firstname.lastname@example.org.
h) Durable medium - a material or tool enabling the consumer or entrepreneur to store information addressed personally to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allow the stored information to be reproduced unchanged (Art. 2 point 4 of the Act of 30 May 2014 on consumer rights, Journal of Laws of 2014, item 827).
i) Goods - goods available through the Store.
3. The prices given in the Store do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract.
4. Prices in the Store are given in Polish zlotys, gross. These prices do not include the cost of delivery and payment - the amount to be decided by the Customer each time when placing the order. The final price in relation to a given contract for the sale of Goods is determined in the process of submitting an offer (order), in accordance with §3 para. 1 and 2.
§2. Account registration
1. Customers can register on the Store's website, which results in the creation of an Account.
2. Registration takes place through:
a) filling in the registration form by the Customer, available on the Store's website (the form will be displayed after selecting the appropriate Store subpage or while placing the order). It is required at least to fill in the fields marked as mandatory, These are: name and surname or company, home address, shipping address (if different from the home address), and e-mail address, and in the case of entrepreneurs - also the company name and tax identification number,
3. After completing the registration form, a message is sent to the e-mail address provided by the Customer, asking for confirmation of the provided data - by clicking on the reference (link) contained therein. The customer's account is created upon confirmation.
4. The customer may delete his account in the Store at any time by sending an appropriate request to the following address: email@example.com.
5. The Seller may delete the Account of a given Customer also in the event of breach of the Regulations, in particular when the Customer:
a) during registration in the online store provided false, inaccurate or out-of-date data, misleading or infringing the rights of third parties, b) has infringed the personal rights of third parties via the online store, in particular the personal rights of other customers of the online store, In this case, re-registration is not allowed.
6. Removal of the Account does not affect the validity of previous legal actions performed by the Seller with the Customer via the Store.
§3. Liability for defects
1. The Seller is liable for defects in the Goods on the terms set out in the provisions of generally applicable law, including in particular the provisions on the warranty against defects, contained in art. 556 and subsequent of the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2014, item 121).
2. Defects of goods (complaints) may be submitted via e-mail to the address firstname.lastname@example.org or in writing to the Seller's address provided in § 1.
3. In the content of the complaint, the Customer should, if possible, provide:
a) description of the defect, including in particular: what the defect is, when it was discovered,
b) the date the defect was discovered,
c) what the customer requests in connection with the submission of the complaint,
- the lack of any of the above elements in the complaint submitted by the Customer who is a consumer does not constitute an obstacle to the consideration of the complaint. However, sending the complete documentation may speed up the procedure.
4. The customer who exercises the rights under the warranty is obliged to deliver the defective Goods at the Seller's expense to the Seller's seat at the address: ul. Czajkowskiego 15, 43-300 Bielsko-Biała.
5. The Seller undertakes to deliver the ordered goods to the customer in accordance with all specifications contained on the website.
6. If the customer finds deficiencies in the purchased product, referred to in the specifications contained in the store, he has the right to file a complaint, pointing to a product defect. 7. The seller undertakes to deliver to the customer goods without defects, intact and is fully responsible for the transport of the product sold. The seller is therefore responsible for defects in goods in accordance with the provisions of the Civil Code, in particular art. 556 and 5561-5563 of the Civil Code.
§4. Personal data
1. The Seller processes the Customers' personal data only to the extent provided for by law, including in particular the Act of August 29, 1997 on the Protection of Personal Data (i.e. - Journal of Laws 02.101.926, as amended) or these regulations.
2. The Seller undertakes to take the necessary technical and organizational measures to protect the processed personal data.
3.By ordering, registering an Account or placing an order in accordance with §2 and 3, the Customer agrees to the processing of personal data provided on the registration or order form in order for the Seller to perform the obligations arising from the contract with the Customer, as well as these Regulations (including in particular - for shipment of goods, invoice and ongoing correspondence).
4. In the cases and on the terms specified in the Act on the Protection of Personal Data, in particular in its Art. 24 and art. 32-35 uodo, the customer has the right to access their data and correct or delete it.
5. The customer may consent to the processing of his personal data by the Seller for marketing purposes, as well as consent to receive commercial information from the Seller by electronic means. 6. In each case, the disclosure of personal data by the Customer is voluntary - with the reservation that some data is necessary for the Seller to perform the sales contract concluded via the Store. 7. Customers' personal data may be disclosed to third parties in the event that such a right or obligation results from the law.
§5. Technical requirements, prohibition of placing illegal content, complaints about the activities of the Store
1. The Seller provides Customers via the Store with the possibility of free use of the following services provided electronically (within the meaning of the Act of 18 July 2002 on the provision of electronic services, Journal of Laws 2002.144.1204, as amended):
a) sharing the content of the Store,
b) concluding contracts for the sale of Goods with the Seller via the Store, on the terms set out in these regulations.
a) not to use the Store in a way that disrupts its functioning, in particular through the use of specific software or devices,
b) refrain from taking actions such as: sending or posting unsolicited commercial information (spam) within the online store,
c) using the online store in a way that is not inconvenient for other customers and the Seller,
6. In the event of dissatisfaction with the activities of the Store, the Customer has the option of submitting a complaint by e-mail to the following address: email@example.com.The customer will be informed about the method of handling the complaint to the e-mail address from which it was sent, within 14 days of its receipt. by the Seller.
§ 6. Duration of the contract
1. At the time of placing the order, the customer enters into a contract with the seller, which is valid from the moment of ordering until the product is delivered to the customer. The order execution time by the seller should not take more than 10 working days.
2. The customer who is a consumer may withdraw from the contract of sale of the Goods without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day the Consumer comes into possession of the Goods or from the day on which a third party indicated by the Customer, other than the carrier, acquires the possession of the Goods.
3. In the event of withdrawal from the contract of sale of the Goods by the Customer in the manner described in this section:
a) The customer should send back the goods to the seller using the form available HERE, to the address: ul. Czajkowskiego 15, 43-300 Bielsko-Biała immediately, and in any case not later than 14 days from the date on which he withdrew from the contract for the Sale of the Goods. The deadline is met if the Customer sends back the Goods before the deadline of 14 days. The direct costs of returning the Goods are covered by the Customer,
b) The Seller shall return to the Customer all payments received from the Customer, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day of withdrawal from the contract of sale of the Goods by the Customer.
The seller will return the payments using the same payment methods that were used by the customer in the original transaction, unless the customer expressly agrees to a different solution. In any event, the Customer will not incur any fees as a result of this reimbursement.
4. If it is not possible to fulfill the order within the time limit specified in sec. 6 above, the Seller may inform the Customer about it by e-mail to the address provided when registering the Account or when placing the order and return the Customer the entire amount of money received - unless the Customer agrees to extend the time of receipt of the Goods. This applies in particular to Goods that require adaptation to the individual needs of a specific Customer.
§ 7. Disputes
1. In the event of disputes arising from the regulations or the sales contract, the customer has the option of using extrajudicial means of dealing with complaints and redress.
2. All disputes can be settled without involving the judiciary. The customer has the option of using three other dispute resolution methods:
a) submitting an application to a permanent consumer arbitration court - the dispute is resolved by an arbitrator;
b) submitting a request for mediation, eg to a chamber of commerce - the dispute is resolved by a mediator;
c) submitting a complaint via the ODR platform http://ec.europa.eu/consumers/odr/.
§8. Amendments to the regulations
1. The Seller has the right to change the provisions of these Regulations. In that case:
a) registered customers will be informed about the changes via e-mail, to the address provided during registration - at least 14 days before the changes enter into force. b) registered customers will be asked to accept changes to the regulations at the next login.
2. Lack of acceptance of the changes to the regulations is the same as the termination of the contract for the provision of electronic services, indicated in §10 of these regulations with immediate effect and deletion of the Account - subject to §11 section 3 below.
3. Amendments to the regulations will not in any way infringe the rights acquired by customers, in particular they will not affect the orders placed - which will be implemented on the basis of the existing rules.
§ 9. Contact
The customer can contact the online store via e-mail to the address firstname.lastname@example.org.
§10. Final provisions
The law applicable to these regulations, as well as to all contracts concluded in its implementation (including in particular contracts for the sale of goods) is Polish law.