Terms and conditions

1. General provisions
2. Definitions
3. Type and scope of electronic services in the online store
4. Terms and conditions of providing and concluding a sales agreement
5. Methods and terms of payment for the product
6. Ways and terms of delivery and collection of the product
7. Returns and complaint procedure
8. Intellectual property
9. Final provisions

1. GENERAL PROVISIONS

The https://bloomflowers.pl/ website operates under the rules set forth in these Regulations.

The Regulations specify the types and scope of services provided electronically by the https://bloomflowers.pl/ Site, the rules for the provision of these services, the conditions for the conclusion and termination of agreements for the provision of services electronically, as well as the complaint procedure.

The Regulations define the types and scope of services provided electronically by the https://bloomflowers.pl/ website, the rules for the provision of these services, the conditions for the conclusion and termination of agreements for the provision of services electronically, as well as the complaint procedure.

Each Service Recipient, as soon as he/she undertakes activities aimed at using the Electronic Services of the https://bloomflowers.pl/ Website, is obliged to comply with the provisions of these Regulations.

In matters not covered by these Regulations, the provisions of the following shall apply.

The Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended),

The Law on Consumer Rights of May 30, 2014. (Journal of Laws 2014 item 827),

Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.

The administrator of personal data processed in connection with the implementation of the provisions of these regulations is the Service Provider. Personal data are processed for the purposes, to the extent and on the basis of the principles indicated in the privacy policy published on the pages of the online store. The provision of personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

2. DEFINITIONS:

WORKING DAY – one day from Monday to Friday excluding public holidays.

CONTACT FORM – a form available on the Website https://bloomflowers.pl/ allowing the Customer to contact the Service Provider directly.

ORDER FORM – Electronic Service, an interactive form available on the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

CUSTOMER – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.

CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).

PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.

REGULATIONS – these terms and conditions of the Site.

INTERNET SHOP – the Service Provider’s online store available at the following web address: bloomflowers.pl

SALE AGREEMENT – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.

SERVICE PROVIDER/SELLER – Tetra Plus sp. z o.o., registered office address: Hoża 86 lok.410 00-682 Warsaw, delivery address: Hoża 86 lok.410 00-682 Warsaw entered in the Register of Entrepreneurs under KRS number: 0000744921, NIP: 5213837167, REGON: 381015070, e-mail address: [email protected], phone: +48 790343461.

USER – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal activities; a legal person; or an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Site.

CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

ORDER – the Customer’s statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

3. TYPE AND SCOPE OF ELECTRONIC SERVICES IN THE ONLINE STORE

The Service Provider allows through the Site to use Electronic Services such as:

• use of the Contact Form, the provision of Electronic Services to Service Recipients takes place under the terms and conditions specified in the Regulations.
• Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer performs a total of two consecutive steps – completing the Order Form and clicking the “Place Order” box on the Web Store page after completing the Order Form – until this point, there is an opportunity to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and information available on the Web Store page). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In addition, it is possible to provide the following delivery data: name, street, postal code, city, telephone.

The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Service Recipient discontinues placing the Order through it earlier.

The Customer is obliged to use the online store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the service provider and third parties. The recipient is obliged to enter data in accordance with the facts. The recipient is obliged to prohibit the provision of unlawful content.

Technical requirements necessary to work with the teleinformation system used by the Service Provider:

• computer with access to the Internet,
• access to e-mail,
• Internet browser,
• inclusion of Cookies and Javascript in the web browser.

4. TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF THE SALES CONTRACT

The conclusion of the contract of sale between the Customer and the Seller takes place after the Customer places an order using the order form in the online store in accordance with item. 3 of the Regulations.

The price of the product shown on the website of the online store is given in Polish zloty and includes taxes. The total price including taxes of the product that is the subject of the order, as well as the cost of delivery (including charges for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these charges – the obligation to pay them, the Customer is informed on the pages of the online store in the course of placing the order, including when the Customer expresses his/her will to be bound by the sales contract.

Procedure for Conclusion of a Sales Contract in the Online Store by means of the Order Form.

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order on the Online Store in accordance with item. 3 of the Regulations.

After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Client a relevant e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place by making these Regulations available on the website of the online store and by sending an e-mail message to the Customer.

5. METHODS AND TERM OF PAYMENT FOR THE PRODUCT

The Service Provider shall make available to the Customer the methods of payment under the contract of sale:

-Payment by bank transfer to the Service Provider’s bank account.

-Payment in cash upon personal collection.

-Electronic payment and payment card payments via PayU.pl – the possible current payment methods are specified on the Online Shop website in the information tab on payment methods and on the website http://www.payu.pl.

Settlement of electronic payment and payment card transactions is carried out according to the Client’s choice through PayU.pl service. Handling of electronic payments and payment cards is carried out by:

pl – the company PayU S.A. based in Poznań (registered office address: 182 Grunwaldzka Street, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid, NIP: 779-23-08-495.

If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 1 calendar day from the date of conclusion of the Sales Agreement.

If the Customer chooses to pay by cash on delivery in person, the Customer is obliged to make payment upon receipt of the shipment.

6. METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT

Delivery of the product to the customer is chargeable unless the sales contract provides otherwise. The product delivery costs (including transportation, delivery and postal charges) are indicated to the customer on the pages of the online store in the information tab on delivery costs and when placing an order, including when the customer expresses his will to be bound by the sales contract.

The seller provides the customer with the following methods of delivery or collection of the product:

-Courier delivery.

-Personal collection at the address: Koszykowa 63 Street, 00-667 Warsaw or Cybernetyki 15 Street, 02-677 Warsaw

The date of delivery of the product to the customer is determined each time with the customer, as to the specific day and time.

7. RETURNS AND COMPLAINTS PROCEDURE

On the basis of the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827) – a customer who has purchased goods at a distance has the right to return the purchased item (withdraw from the contract of sale) within 14 calendar days from the date:

• taking possession in person or by a designated third party other than the carrier
• in the case of shipment of purchased goods in batches – from the date of taking possession of the last product received from the order.

In order to exercise this right, we ask customers to send an e-mail to: [email protected] or to the address: 02-677 Warsaw, Cybernetyki 15 U1 an appropriate statement. A sample of the said statement can be found below. The Customer shall bear the cost of returning the goods.

The customer, having made a declaration of withdrawal from the contract, should send back the unwanted products within 14 calendar days to the address: 02-677 Warsaw, Cybernetyki 15 U1. The date of sending the parcel counts, hence we recommend sending a registered parcel by post or courier service. It is possible to return in person to the mentioned address, by prior arrangement with Bloomflowers.

Tetra Plus Ltd. (under the name of Bloomflowers) undertakes to immediately reimburse the customer for all costs associated with the purchase of the returned product: the price of the goods + standard shipping costs. The store does not reimburse additional shipping costs incurred by the Customer at his request (e.g. Saturday delivery, afternoon delivery).

The customer is responsible for any diminution in the value of the product resulting from the use of the product beyond what is necessary to ascertain the nature, characteristics and functioning of the product (e.g. checking what is in the package). The Store has the right to deduct from the returned amount the depreciated value of the returned goods.

The customer will receive a confirmation from the Store on the effective notification of withdrawal from the contract.

The Store will refund the payment through the same channel that was used in the transaction of payment for the order. A change in the method of refund is possible with the consent of the Customer, but may not involve any additional costs.

At the time of withdrawal by the consumer from the contract concluded at a distance, the related ancillary contracts concluded by the Customer expire if the basis of them the performance is provided by the entrepreneur or a third party on the basis of an agreement with the entrepreneur (e.g. consumer credit). The seller shall inform this person of the Customer’s withdrawal from the contract. The Customer shall not bear the costs associated with the termination of these contracts, except for the costs specified in Articles 33, 34(2), and 35 of the Law on Consumer Rights.

The basis of the complaint is the warranty provisions of the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable laws.

In the event of a physical or legal defect, please notify our Store by phone (+48 790 343 461) , by e-mail: [email protected] or by letter to: 02-677 Warsaw, Cybernetyki 15 U1:

• what is being advertised, all information, including the type and date of occurrence of non-conformity/defect of the product purchased in our Store;

• presentation of the request for the method of resolving the complaint (repair, replacement, request for price reduction, return of the goods);

• contact details of the Customer making the complaint.

In order to consider the complaint, the Store may ask the Customer to send photographic documentation, or ask the Customer to send to an established address – at the expense of the Store – the advertised product.

The Store undertakes to consider the reported complaint within 14 calendar days from the date of its receipt. If the Customer has demanded replacement of the product or removal of the defect, or has made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within fourteen days, it is considered that the demand has been recognized as justified.

The store is obliged to replace the defective product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the customer. If a refund is requested, the refund to the Customer should be made immediately, but no longer than 14 days. In the case of a request for price reduction, the Customer should give the Store a deadline for their refund (e.g. 7 days from the date of receipt of the request for price reduction).

In the case of replacement or repair of the advertised product – the cost of shipping is the responsibility of the Store.

The Seller is liable under the warranty if the physical defect is discovered before the expiration of two years. The time limit for the exercise of rights under the warranty begins from the date on which the Customer learned of the existence of the defect, and if the Customer learned of the existence of the defect only as a result of an action by a third party – from the date on which the judgment issued in the dispute with the third party became final.

The store undertakes that the products offered on www.bloomflowers.pl are free from physical and legal defects.

A physical defect consists in the non-compliance of the sold goods with the sales contract, in particular if:

• does not have the properties that a product of this type should have due to the purpose specified in the Sales Agreement or resulting from the circumstances or purpose;

• does not have the properties, the existence of which the Seller assured the Customer, including by presenting a sample or model;

• is not suitable for the purpose about which the Customer informed the Seller at the conclusion of the Sales Agreement, and the Seller did not object to such purpose;

• has been delivered to the Customer in an incomplete condition.

If the Customer is a consumer, the public assurances of the manufacturer or its representative, a person who places the product on the market within the scope of his business activity, and a person who, by placing his name, trademark or other distinctive sign on the sold product, presents himself as the manufacturer, shall be treated equally with the Seller’s assurances.

A legal defect gives rise to the Seller’s liability to the Customer if the sold product is the property of a third party or if it is encumbered with a third party’s right, as well as if the restriction on the use or disposal of the product results from a decision or ruling of a competent authority; in the case of a sale of a right, the Seller is also responsible for the existence of the right.

The seller is exempt from liability under the warranty if the Customer knew about the defect at the time of conclusion of the sales contract.

The Seller shall not be liable to the Customer who is a consumer for the fact that the sold product does not have properties resulting from public assurances (of the seller, manufacturer and other persons marketing the product), if these assurances did not know or, judging reasonably, could not have known or could not have influenced the Customer’s decision to conclude the Sales Agreement, or if their content was corrected before the conclusion of the Sales Agreement.

If the sold product has a defect, the Customer may demand that the product be replaced with a defect-free one or that the defect be removed. The store is obliged to replace the defective product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience for the Customer. The Store may refuse to satisfy the Customer’s request if bringing the defective product into conformity with the sales contract in the manner chosen by the Customer is impossible or in comparison with the other possible way of bringing the product into conformity with the sales contract (price reduction, refund) would require excessive costs.

If the sold Product has a defect, the Customer may make a statement to reduce the price or withdraw from the sales contract, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective product with a defect-free one or removes the defect. This restriction does not apply if the product has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the product with a defect-free one or remove the defect. The reduced price should remain in such proportion to the price under the sales contract that 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 sales contract if the defect is insignificant.

If, of the products sold, only some are defective and are separable from the defect-free products, without detriment to both parties, the Customer’s right to withdraw from the contract is limited to the defective products.

Model withdrawal form:

I hereby give notice of withdrawal from the contract, the subject of which is:

Order number:

Date of conclusion of the contract:

Consumer’s name:

Consumer’s address:

Please return the price paid to bank account no.

Date

Signature:

IMPORTANT: Flowers are a live product and are subject to claim only upon confirmation of proper storage and transportation.

8. INTELLECTUAL PROPERTY

All content posted on the website at https://bloomflowers.pl/ enjoys copyright protection and is the property of https://bloomflowers.pl/ The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of https://bloomflowers.pl/, without the consent of the Service Provider.

Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of https://bloomflowers.pl/ constitutes an infringement of the Service Provider’s copyright and will result in civil and criminal liability.

9. FINAL PROVISIONS

Contracts concluded through the Site are concluded in accordance with Polish law.

If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.