- The kwiatyimiut.pl online florist shop is operated by PAPAVER Łukasz Marcinkowski having a registered office at Wysoczka 2, 64-320 Buk and the main service outlet located in Poznań, ul. Szamarzewskiego 11/1, 60-514 Poznań, NIP: 7772814433, REGON: 360471835, hereinafter referred to as Kwiaty&Miut.
- Contact details:
a) address for correspondence: ul. Szamarzewskiego 11/1, 60-514 Poznań
b) email address: firstname.lastname@example.org
- 3. These Regulations are addressed both to Consumers and Entrepreneurs who are clients of the Online Shop and set out, in particular, the principles of using the Online Shop and the terms and procedures of concluding remote sales agreements with the Customer via the Shop, the terms of performance of such agreements and the procedure of handling complaints.
- The florist shop sells flowers, in particular bouquets and potted plants, as well as accessories for growing and caring for plants, florist accessories and gift accessories, in particular including gift cards, ceramics, candles, glassware and wicker products.
§ 2. Definitions
- Registration Form - an interactive form available in the Online Shop, which enables the creation of an Account;
- Order Form - an interactive form available in the Online Shop, which enables placing an Order and defining the terms of the Sales Agreement, including the method of delivery and payment;
- Customer - a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality, to whom legal capacity is granted by the law, who uses the Online Shop, and in particular who concludes a Sales Agreement via the Online Shop according to the principles specified in the Regulations;
- Consumer – a Customer, being natural person, who enters into a legal transaction with the Florist, which is not connected directly with its economic or professional activity;
- Account - Customer's account in the Online Shop, in which data provided by the Customer and information about orders placed by the Customer with the Shop are recorded;
- Cart – a feature of the Online Shop's software where the Products selected by the Customer for purchase are shown and which offers a possibility to specify and modify order data, in particular the number of Products;
- Florist – an entrepreneur conducting business activity under the name PAPAVER Łukasz Marcinkowski with a register office at Wysoczka 2, 64-320 Buk, NIP: 7772814433, REGON 360471835;
- Newsletter – an electronic mailing service provided by the Florist through which all Customers who agree to it shall automatically receive from the Florist regular communication in the form of successive editions of the Newsletter with information about the Products, novelties and promotions in the Online Shop.
- Product – an article or service available in the Online Shop which may be an object of the Sales Agreement between the Customer and the Florist;
- Entrepreneur – a Customer, who enters into a legal transaction with the Florist, in connection with the conducted economic or professional activity;
- Regulations - these Regulations;
- Online Shop - a shop available on kwiatyimiut.pl website;
- Sales Agreement – a contract for the sale of the Product concluded between the Customer and the Florist via the Online Shop. The Sales Agreement shall also mean, depending on the characteristics of the Product, a contract for the provision of services and a contract for work;
- Order – a Customer's declaration of intent, made by means of the Order Form, made with an aim to enter into a Sales Agreement with the Florist.
§ 3. Technical Requirements
- have a terminal device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox or Opera, Safari;
- have an active electronic mail (e-mail) account;
§ 4. General Information
- The Florist shall not be liable, to the widest extent permitted by law, for interruptions in the operation of the Online Shop, caused, in particular, by force majeure events, prohibited actions on the part of third parties or incompatibility of the website with the technical infrastructure of the Customer.
- No Account is required to browse the Products or services offered by the Florist.
- Photographs of the Products placed on the Florist’s website should be treated as indicative illustrations.
- The content presented on the website of the Online Shop does not constitute an offer within the meaning of the Civil Code, and should be regarded only as an invitation to make an offer and specify the characteristics of the Product ordered.
- Orders may be placed by means of interactive forms available on the Florist's website. Placing an Order does not require creating an Account.
- For the Order to be processed, the Customer must provide personal data and address details enabling verification of the Customer and execution of the Order without creating an Account. The Florist shall confirm acceptance of the Order by sending a message containing the Customer's data and the specification of the ordered Product to the email address provided while placing the Order.
- The following information should be provided in the Order Form:
a) first and last name, or the company name and the taxpayer number (NIP) of the Customer;
b) telephone number and electronic mail address (email address) of the Customer;
c) recipient's details and the address to which the Product is to be delivered.
- The Customer is responsible for the accuracy and correctness of the personal data provided in the Order Form.
- By placing an Order, the Customer makes an offer to conclude a Sales Agreement for the ordered Products.
- After placing and verifying the Order, messages with information about successive stages of the Order execution will be sent to the email address provided by the Customer. Information about the acceptance of the Order for execution shall be treated as the Florist’s acceptance of the offer, referred to in 9 above and upon its receipt by the Customer, the Sales Agreement shall be deemed to be concluded.
- After the Sales Agreement is concluded, the Florist shall confirm to the Customer its terms by sending a message to the email address provided by the Customer.
- The Order shall be executed provided the Customer has paid the full purchase price referred to in § 5 of the Regulations.
- A fiscal receipt is issued for each Order placed and paid for. An invoice shall be issued upon the Customer's request.
§ 5. Price
- All prices in the Online Shop are gross prices (they include Value Added Tax).
- The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport and service charges), which the Customer is informed about by the Florist during the placement of the Order, at the time of confirming the intent to enter into the Sales Agreement.
- The Florist may launch promotional campaigns in the form of discount codes and loyalty programmes. The terms of promotion can differ from the standard terms of sale and are binding at the time of placing the Order.
- Customers may obtain discount codes according to the rules established by the Florist. To obtain such discount codes, Customers should follow the Florist’s Facebook and Instagram pages and enter the codes published there in the Order Form.
§ 6. Form of Payment
- The Customer can choose from the following forms of payment:
a) Payment by bank transfer to the Florists’s account;
b) Electronic payment via PayU.pl, owned by PayU SA with headquarters in Poznań, 60-166 Poznań, ul. Grunwaldzka 186, a domestic payment institution, supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under no. IP1/2012 and recorded in the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda, 8th Commercial Department of the National Court Register under KRS no. 0000274399, with a share capital of PLN 4,944,000, fully paid-up, NIP 779-23-08-495 and REGON: 300523444;
c) Electronic payment through the www.PayPal.com platform, owned by PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered in R.C.S. Luxembourg under number B 118 349), with its official seat in Luxembourg, L 2449.
- The Customer shall be informed about the receipt and booking of the payment by an email message sent to the email address provided when placing the Order.
- The Product will be handed over subject to payment in full for the Product and delivery.
§ 7. Delivery
- Products ordered via the Online Shop are delivered within the territory of the Republic of Poland.
- Products ordered via the Online Shop are delivered to the place specified by the Customer in the Order on business days.
- The Florist shall not be liable for delays or inability to execute the delivery of Product due to incorrect or incomplete data provided by the Customer.
§ 8. Creating an Account
- The Florist offers Customers the possibility to create and use an Account on the website of the Online Shop available at kwiatyimiut.pl.
- Registration of an Account in the Online Shop is voluntary and free of charge.
- The Customer may register an Account after using an interactive form on the main page of the Online Shop at the address kwiatimiut.pl or while placing an Order via the Online Shop.
- Registering an Account in the Online Shop requires filling in a Registration Form, by providing an email address and a password. In order to register an Account, the Customer has to read and accept the Regulations, as well as to agree to the processing of personal data provided during registration which are marked as mandatory. Providing the required personal data is necessary to set up an Account as well as to handle and execute the Orders placed in the Online Shop. Providing personal data marked as mandatory is voluntary, but necessary to set up an Account. Providing data not marked as mandatory is voluntary and is not necessary to set up an Account.
- After completing the Registration Form, a message confirming the registration of the Account will be sent to the email address provided in the form.
- Logging into the account requires providing the login and password defined in the Registration Form.
- The Customer may at any time, without giving reasons and without incurring any charges, delete the Account by sending a relevant request to the Florist.
Complaints and Returns
§ 9. Complaints and Warranty
- The Seller is obliged to deliver to the Customer goods free from any defects.
- In case of occurrence of defects in the purchased Product, the Florist shall bear liability in accordance with the principles set out in the Civil Code, in particular, pursuant to the provisions on warranty.
- Complaints shall be reported in writing or electronically to the addresses of the Florist given in the Regulations.
- Each complaint shall contain, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's expectation in connection with the Product defect.
- Complaints concerning the freshness of the flowers and the conformance of the flowers with the Order must be reported on the day of delivery. After this date, evaluation of the complaint may not be feasible.
- The Florist will respond to filed complaints as soon as possible, not later than within 14 days.
- The Florist can refuse the Customer’s request for replacement or repair of the Product when such replacement or repair of the Product is not possible (for example, because of lack of the specified flowers), or when such a demand would trigger excessive costs. In such case the Florist will propose an alternative solution.
- Complaints concerning the Newsletter service or other services provided electronically, including disruptions in the functioning of the Online Shop, may be lodged to the Florist’s email address: email@example.com.
- Complaints concerning the Newsletter service or other services provided electronically shall include in particular: description of the subject matter of the complaint, electronic mail address (email address) provided during Account registration or in the Order Form and electronic mail address (email address) or correspondence address, to which a reply to the complaint should be sent, if the Customer wishes to receive a reply to the complaint by post or email to an address which is different from the electronic mail address (email address) provided during Account registration or in the Order Form, as well as the Customer's preferred method of communication regarding the handling of the complaint. The content of the complaint report described above is only an example, which the Customer does not have to follow and the effectiveness of complaints submitted with the omission of the recommended information named above shall not be affected. Each complaint will be evaluated as soon as possible and the reply with information on the outcome of its evaluation will be provided without delay, no later than within 14 days from the date of filing the complaint. The Customer will be informed about the outcome of the complaint evaluation in accordance with the Customer’s preferred way of communication indicated in the complaint report.
- In case some details are missing in the submitted complaint, the Florist will contact the Customer requesting for their supplementation using the address data indicated in the complaint report.
- Each Consumer may take advantage from the platform for online consumer dispute resolution (ODR platform), in accordance with Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). The European ODR platform aims to facilitate the independent, impartial, transparent, effective, quick and fair out-of-court online resolution of disputes between consumers and traders concerning contractual obligations arising from online sales contracts or statement of services contracts concluded between consumers resident in the European Union and traders established in the European Union. Below you will find an electronic link to the ODR platform ec.europa.eu/consumers/odr.
- The use of available out-of-court complaint handling methods and claim procedures is possible after the regular complaint procedure has been completed and is voluntary. Both parties must agree to the procedure.
§ 10. Right of Withdrawal from the Agreement
- The Customer who is a Consumer has the right to withdraw from the agreement without giving any reason under the provisions of the Consumer Rights Act of 30 May 2014.
- The Consumer shall not have the right of withdrawal from the concluded Agreement when: a) the object of the Agreement is a non-prefabricated product made according to the Customer's specification or serving to satisfy his/her individual needs, in particular a bouquet of flowers or a floral decoration; b) the object of the Agreement is an item that deteriorates rapidly or has a short shelf life, in particular cut flowers, flower bouquets and decorations; c) the Florist has performed the Agreement in full with the express consent of the Customer, who has been informed before the commencement of performance, that after the performance the right to withdraw from the Agreement will be lost; d) the object of the Agreement is an item delivered in a sealed package which cannot be returned after opening the package for reasons of health protection or hygiene, when the package has been opened after delivery.
- In cases other than those described in paragraph 2, withdrawal from the Agreement shall be effective when the Customer makes a declaration of withdrawal within 14 days from the date of delivery of the Product. In order to meet the deadline it is sufficient to make a statement before the said deadline expires.
- The Customer is obliged to return the Product or hand it over to a person authorised by the Florist for collection immediately, but no later than 14 days from the date of withdrawal from the Agreement. To meet the deadline it is sufficient to return the item before its expiry.
- The Customer shall bear the direct costs of returning the goods.
- In the event that the Customer has chosen other than the least expensive method of delivery of the Goods offered by the Florist, the Florist shall not reimburse the Customer for additional costs incurred. The Florist shall reimburse only the cost of the least expensive delivery of the given Product to the Customer.
- The Florist shall refund the payment using the same method of payment as the Customer. The Florist shall refund the payment within 14 days of receipt of the notification of withdrawal. The Florist may withhold reimbursement until it has received the returned Product or the Customer has provided proof of return.
- The Customer shall be liable for any decrease in the value of the Product resulting from its use in a manner other than necessary to establish the nature, characteristics and functionality of the Product.
§ 11. Newsletter
- The Florist offers a Newsletter service in order to send Customers commercial information by electronic means, in accordance with the principles specified in the Regulations.
- Signing up for the Newsletter shall take place after providing the email address to which the next issue of the Newsletter shall be sent in the "Newsletter" tab of the Online Shop website and clicking the "Sign up" button. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when setting up an Account. When the Account is created, the Customer will be automatically signed up for the Newsletter.
- Using the Newsletter service is voluntary and requires the Customer's conscious and unambiguous consent by ticking the appropriate checkbox to confirm receipt of the information about the principles of using the service and the collection of the Customer's personal data, among other things.
- The Newsletter service is provided free of charge for an indefinite period of time. The Customer may at any time and without having to provide reasons for his/her decision, unsubscribe from the Newsletter (resignation from the receipt of the Newsletter) by sending a relevant request to the Florist, especially by e-mail on address: firstname.lastname@example.org.
- Within the Newsletter service, commercial information is sent via e-mail to the e-mail address provided by the Client, in particular about the Products and services offered by the Florist, current promotions and loyalty programmes, as well as news and updates.
§ 12. Protection of Personal Data
- The Controller of the Customer's personal data is PAPAVER Łukasz Marcinkowski z siedziba w Wysoczce 2, 64-320 Buk, NIP: 7772814433, REGON 360471835.
- Providing personal data by the Customer is voluntary. The Customer's personal data required for setting up an Account and providing marketing information in electronic form in the form of the Newsletter service is processed based on the Customer's consent.
- The processing of the Customer's personal data is necessary for the conclusion and performance of the Sales Agreement.
- The Customer data will be processed for the purpose of: a) conclusion and performance of the Sales Agreements pursuant to Article 6(1)(b) of the GDPR for the duration of the Agreement and until the expiry of the time limits for the assertion of claims; b) processing of complaints pursuant to Article 6(1)(c) of the GDPR for 1 year after the expiry of the warranty or settlement of the complaint; c) asserting claims related to the concluded Sales Agreement pursuant to Article 6(1)(f) of the GDPR, where the legitimate purpose is to recover amounts due, until final conclusion of legal proceedings including enforcement proceedings; d) archiving billing documents pursuant to Article 6(1)(c) of the GDPR until the expiry of the statute of limitations for the tax liability; e) providing the Newsletter service referred to in §11 of the Regulations.
- Customer data may be transferred to the following recipients:
a) postal or courier companies;
b) entities enabling the Florist to perform remote payment operations;
c) banks where settlement is required;
d) state authorities or other entities authorised by law;
e) entities supporting the Florist in its activities and acting on behalf of the Florist, in particular providers of external systems supporting the Florist’s operations.
- Customers have the right to access their data and to rectify, erase or restrict processing of the data, the right to data portability, the right to object and the right to withdraw their consent at any time without affecting the lawfulness of data processing, which was carried out on the basis of such a consent before its withdrawal (provided that the processing is carried out based on their consent) and the right to lodge a complaint to the supervisory authority, i.e. the President of the Office for Personal Data Protection. Providing the data is necessary to conclude contracts, effect settlements related to the conducted activity, respond to requests and evaluate complaints and claims. In all other circumstances, providing data is voluntary.
- Customers have the right to withdraw, at any time, their consent to the processing of personal data which are processed on the basis of previously expressed consent. Withdrawal of consent will not affect the lawfulness of processing that was carried out on the basis of the consent given before its withdrawal.
§ 13. Cookies
- Cookies allow subsequent identification of the Customer when reconnecting to the Online Shop from the device on which they are stored.
- Cookie files collect data concerning the use of the Online Shop, and their main purpose is to make it easier for the Customer to use the Online Shop, to adjust the pages of the Online Shop to the needs and expectations of the Client and to study the Client's traffic within the Online Shop.
- Customers can, at any time, restrict or disable cookies in their browser by setting it so that it blocks cookies or warns the Customer before a cookie is stored on the device used to browse the content of the Online Shop. In the case of restricting or disabling cookies, the use of the Website may be less efficient for the Customer.
§ 14. Final Provisions
- Sales Agreements are concluded in the Polish language.
- Regulations come into force on the day of their publication on the web page of the Florist.
- The Florist reserves the right to make amendments to the Regulations, in particular due to changes of generally binding provisions of law, changes of methods of payment and delivery, information concerning the Florist, or other circumstances which may have an impact on the enforcement of the provisions of the Regulations. All changes to the Regulations shall be published on the website of the Florist. Information about changes to the Regulations shall be communicated to the Customer by placing a notification of such changes on the web page of the Online Shop. Registered Customers who have an Account in the Online Shop shall receive the information about changes to the Regulations sent to their email address providing upon creating the Account. Information about changes to the Regulations shall be sent no later than 14 calendar days before a given change to the Regulations comes into effect.
- All matters not regulated by these Regulations shall fall under the provisions of the Polish law.
§ 15. Abonament
2. Wysokość pobranej kwoty zależy od opcji wybranej przez kupującego w momencie zawarcia transakcji kupna wybranego abonamentu.
3. Anulowanie płatności cyklicznej może nastąpić poprzez anulowanie subskrybcji w banku, lub zgłoszenie informacji drogą mailową na adres email@example.com.
4. Dane karty, przekazywane przez kupującego przechowywane są przez:
PayU SA z siedzibą w Poznaniu, 60-166 Poznań, przy ul. Grunwaldzkiej 186, krajowa instytucja płatnicza, nadzorowana przez Komisję Nadzoru Finansowego, wpisana do Rejestru usług płatniczych pod numerem IP1/2012, wpisana do rejestru przedsiębiorców prowadzonego przez Sąd Rejonowy w Poznaniu – Nowe Miasto i Wilda w Poznaniu, Wydział VIII Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000274399, o kapitale zakładowym w wysokości 4.944.000 PLN, w całości opłaconym, posiadająca numer identyfikacji podatkowej NIP: 779-23-08-495, REGON 300523444.4.
5. Klient/Użytkownik w ramach usługi płatności cyklicznych ma możliwość zapisania danych karty i zlecenia stałego polecania zapłaty. Dane karty będą przechowywane przez Operatora Płatności (PayU S.A.). PayU pośrednicząc w dokonaniu płatności udostępnia narzędzie Token (wirtualnych identyfikatorów karty), umożliwiające przypisanie do indywidualnego Klienta unikalnego identyfikatora za pomocą którego Klient cyklicznie dokonuje płatności na rzecz firmy.
6. Reklamacje transakcji należy zgłaszać na adres firstname.lastname@example.org.
Zasady reklamacji abonamentu pozostają zgodne z regulaminem kwiaciarni internetowej Kwiaty&Miut.