ONLINE STORE REGULATIONS

Introduction

The online store available at https://laroseflowers.pl is run by Olena Dykun, running a business under the company La Rose Olena Dykun at ul. Tadeusza Romanowicza 6a lok. 59, 30-702 Kraków, NIP: 6793277158, REGON: 526410156, entered into the register of entrepreneurs of the Central Registration and Information on Economic Activity kept by the minister responsible for economy.

 

Seller's contact details:

- phone: +48794 688 386,

- e-mail address: laaarosee@gmail.com.

 

This document (which is also the regulations pursuant to the Act of July 18, 2002 on the provision of services by electronic means), hereinafter referred to as the Regulations, specifies the types and scope of the provision of services electronically via the Online Store, the rules for concluding sales contracts via the Online Store, rules for the execution of these contracts, rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the contract and complaint procedure.

 

• 1. Definitions

 

1. Working day - one day from Monday to Friday, excluding public holidays.
2. Order form– form available in the Online Store enabling you to place an order to purchase the Product.
3. Customer - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, concluding a contract with the Seller.
4. Consumer - a natural person concluding a legal transaction with the Seller that is not directly related to his/her business or professional activity.
5. Newsletter– a service enabling subscription and receiving electronically free information about the Seller's Products and promotions.
6. Product– a product that the Customer purchases via the Online Store.
7. Online store – online store available at https://laroseflowers.pl.
8. Seller– Olena Dykun running a business under the name La Rose Olena Dykun at ul. Tadeusza Romanowicza 6a lok. 59, 30-702 Kraków, NIP: 6793277158, REGON: 526410156.
9. Sales contract – a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Product.
10. Service– electronic services provided by the Seller via the Online Store.
11. Order - the Customer's declaration of will submitted to the Seller and aimed directly at concluding a Product Sales Agreement with the Seller.

 

• 2. General Provisions

 

1. The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.
2. The Customer undertakes to use the Online Store in accordance with applicable law and the principles of social co-operation.
3. The Customer using the Seller's Services is obliged to comply with these Regulations.
4. The Seller complies with the principles of protection of customers' personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
5. The Customer consents to the Seller collecting, storing and processing personal data for the purpose of implementing the contract. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the Privacy Policy. Online store.
6. The information regarding the Product available on the Online Store website constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Act of April 23, 1964, Civil Code.
7. All prices given on the Online Store website are gross prices.
8. The Seller reserves the right to make changes to the prices of Products available in the Online Store, introduce new Products as well as conduct and cancel promotional campaigns or make changes to ongoing promotions. In the case of promotional campaigns involving a temporary reduction in the price of the Product, the Seller on the Product page indicates, next to the promotional price, the previous lowest price of the product that was valid in the period of 30 days before the introduction of the promotion. The scale of the discount will be determined in relation to the lowest indicated price.
9. The Customer is prohibited from providing illegal or offensive content. The Customer is obliged to use the Seller's websites in a way that does not interfere with their functioning, in particular by not using specific software (including malware) or devices.
10. Special risks associated with the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted over the network or stored on computers connected to the network and interfering with this data, which may result, in particular, in their loss , unauthorized change or prevention of the use of services offered via the Online Store.

 

• 3. Services and general terms of service

 

1. The Seller uses the Online Store to provide services electronically via:
2. a) providing content about the offer and Products on the Online Store website,
3. b) enabling completion of the order form in order to conclude a sales contract,
4. c) sending Customers information about promotions and Products in the form of a Newsletter.
5. The services specified in point 1 are provided free of charge.
6. The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a specified period of time at the moment he or she begins to fill out the form and is terminated when he or she withdraws from completing the form or when the completed form is sent to the Seller.
7. Agreement for the provision of the "Newsletter" service electronically is established for an indefinite period of time when the Customer signs up for the Newsletter service. using the functionality available on the Online Store website and terminates when the Customer terminates the contract in accordance with the principles set out in the Regulations or after unsubscribing from the subscription list using the hyperlink (link) contained in the Newsletter.
8. Technical requirements necessary to use the services provided by the Seller:
9. a) device with access to the Internet,
10. b) web browser that supports cookies,
11. c) access to e-mail.
12. The customer pays fees related to Internet access and data transmission in accordance with the tariff of his/her Internet service provider.

 

• 4. Sale Agreement

 

1. The Seller enables placing orders for Products available in the Online Store using the Order Form available in the Online Store 24 hours a day, 7 days a week.
2. The Seller informs that orders with delivery can only be placed if the delivery address is within the city of Krakow or within 15 km from the administrative borders of the city of Krakow.
3. In order to place an order via the Order Form, the Customer selects the Product available in the Online Store, specifying the quantity he intends to purchase and indicating the features of the ordered Product. After selecting the Product (adding the Product to the "basket" via the functionality available in the Online Store), the Customer completes the Order Form, specifying the data necessary for the execution of the order by the Seller, and then confirms placing the order using the button. ;I order and pay”.
4. After receiving the order, the Seller sends the Customer a declaration of acceptance of the order electronically to the e-mail address provided when placing the order. Then, after verifying the possibility of completing the order, the Seller sends the Customer a message confirming the order. When the Customer receives a message confirming the order, a sales contract is concluded.
5. The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of the Product ordered, the total price to be paid along with delivery costs and the amount of discounts granted (if applicable).

 

• 5. Order processing time and delivery

 

1. The Seller processes orders in the order in which they are received (taking into account section 6 point 3 of these Regulations).
2. The duration of the order includes the preparation, completion, packing and delivery of the Product by the Seller. The average order processing time is up to two hours.
3. Orders placed on a business day after 5 p.m. and on non-working days are treated as placed on the next business day.
4. If part of an order consisting of several Products is not currently available, the Customer is informed about this by phone or e-mail and decides how to complete the order (partial execution, extension waiting time, cancellation of the entire order or selection of a replacement Product).
5. In the case of orders consisting of several Products with different availability and to be delivered in one shipment, the order completion date will depend on the date of completion by the Seller of the last Product covered by the order, unless in otherwise agreed with the Customer.
6. The order processing time should include the delivery time of the Product to the Customer by the carrier in accordance with the delivery method chosen by the Customer. Information about delivery methods and costs is available on the Online Store website and is indicated to the Customer when placing the order.
7. Orders are accepted for delivery only on working days and Saturdays.
8. After receiving the shipment, the Customer should carefully check the condition of the packaging and its contents. If any damage or other irregularities are detected, he should prepare a damage report in the presence of the courier and notify the Seller.
9. If the shipment is refused or cannot be delivered for reasons attributable to the Customer, the Seller has the right to charge the Customer with the costs incurred in connection with such a situation (e.g. costs of returning the shipment to the Seller or re-shipping it to the Customer).
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10. If the Seller covers the Customer for damage incurred during the transportation of the Product, the Customer's claims against the carrier in this respect, to the extent to which they were covered by the Seller, are transferred to the Seller. The transfer of claims to the Seller does not require the conclusion of a separate assignment agreement.
11. The Seller allows the Customer to collect the order in person at the stationary point ul. Tadeusza Romanowicza 6a lok. 59, 30-702 Kraków, open on weekdays and Saturdays from 9.00 a.m. to 7.00 p.m. Collecting the order is possible only after the Seller confirms that the Products are ready for release.

 

• 6. Payment methods

 

1. The Seller allows you to make payments for the ordered Products:
2. a) cash or payment card upon personal collection at a stationary point;
3. b) in the form of prepayment by traditional transfer to the Seller's bank account.
4. When choosing prepayment, the customer is obliged to make the payment within two days from the conclusion of the contract. In the event of failure to pay within the specified period, the order may be canceled and the Seller is entitled to withdraw from the contract.
5. The Seller begins to process the order after the funds are credited to the bank account (in the case of payment by traditional transfer). In the case of payment on delivery at a stationary point, the Seller will process the order after its confirmation.
6. Proof of purchase is delivered to the Customer along with the Product or electronically to the e-mail address provided by the Customer when placing the order. By placing an order for Products offered via the Online Store, the Customer agrees to receive invoices electronically without the issuer's signature.
7. If there is a need to return funds for a transaction made by the Customer with a payment card, the Seller will make the refund to the bank account assigned to the Customer's payment card.

 

• 7. Liability for the Product's compliance with the contract

 

1. Pursuant to Art. 43a et seq. Act of May 30, 2014 on consumer rights. The Seller is responsible to the Customer who is a consumer for the compliance of the Product with the sales contract. The provisions relating to the consumer contained in this chapter apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity. , made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
2. The Seller is not responsible for the lack of compliance of the Product with the contract in the scope referred to in Art. 43a section 2 or 3 of the Act of May 30, 2014 on consumer rights, if the consumer, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Product deviates from the requirements of compliance with the contract specified in Art. 43a section 2 or 3 of the Act and has expressly and separately accepted the lack of a specific feature of the Product.
3. Delivery of the Product as part of the exercise of the rights specified in this paragraph takes place at the Seller's expense.
4. The Seller is liable for the lack of compliance of the Product with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the Product, specified by the Seller, its legal predecessors or acting persons on their behalf, is longer. The lack of conformity of the Product with the contract, which became apparent within two years from the date of delivery of the Product, is presumed to have existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the lack. compliance of the Product with the contract.
5. Notification of non-compliance of the Product with the contract should be sent electronically to laaarosee@gmail.com or in writing to the address of the Seller's registered office. The application can be sent on the form attached as Annex 2 to the Regulations.
6. If the Product is inconsistent with the contract, the consumer may request its repair or replacement. The Seller may make an exchange when the consumer requests repair or the Seller may make a repair when the consumer requests replacement, if bringing the Product into compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the Product into compliance with the contract.
7. If the Product is inconsistent with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:
8. a) The Seller refused to bring the Product into compliance with the contract;
9. b) The Seller did not bring the Product into compliance with the contract;
10. c) the lack of compliance of the Product with the contract continues, even though the Seller has tried to bring the Product into compliance with the contract;
11. d) the lack of compliance of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first taking advantage of the possibility of repairing or replacing it;
12. e) it is clear from the Seller's representation or circumstances that it will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
13. The Customer may not withdraw from the contract if the lack of compliance of the Product with the contract is immaterial.
14. The Seller returns the amounts due to the consumer as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's declaration of the price reduction.
15. In the event of withdrawal from the contract, the consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return. The seller refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
16. If it is necessary to assess physical defects, the Product should be delivered to the following address: La Rose Olena Dykun, ul. Tadeusza Romanowicza 6a lok. 59, 30-702 Kraków.
17. The Seller responds to the Customer's notification within 14 calendar days from the date of its receipt. Failure to consider the application within the specified deadline is equivalent to its acceptance.
18. The Seller covers the costs of collection, delivery, removal of defects or replacement of the Product with a new one.

 

• 8. Withdrawal from the sales contract

 

1. The customer who is a consumer in connection with Art. 27 of the Act of 30 May 2014 on consumer rights, you have the right to withdraw from a distance contract without giving a reason.
2. The provisions relating to the consumer contained in this chapter apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the activity performed by the person. business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
3. The right to withdraw from the contract is available within 14 calendar days from the moment the Customer or a third party indicated by the Customer, other than the carrier, takes possession of the Product. If the contract covers multiple items that are delivered separately, in lots or in parts, the period runs from the moment of taking possession of the last item, lot or part.
4. The Customer may withdraw from the contract by submitting a declaration on the form constituting Annex 1 to these Regulations, sending it to the Seller's address or electronically to laaarosee@gmail.com.
5. To meet the deadline specified in point 3, it is sufficient to send a declaration of withdrawal from the contract before its expiry.
6. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract.
7. The Seller will immediately, no later than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods. The Seller refunds the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of refund which does not involve any costs for him.
8. If the Seller has not offered to collect the Product from the Customer himself, he may withhold the refund of received payments until he receives the Product back or until the Customer provides proof of sending it back, depending on which event occurs first.
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9. If the Customer has chosen a method of delivering the item other than the cheapest usual method offered by the Seller, the Seller is not obliged to reimburse the Buyer for additional costs incurred.
10. The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller proposed that will collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
11. The Customer bears only the direct costs of returning the Product.
12. The product should be delivered to the Seller at the following address: La Rose Olena Dykun, ul. Tadeusza Romanowicza 6a lok. 59, 30-702 Kraków.
13. The Customer is obliged to properly secure the Product during transport. The seller does not accept shipments sent cash on delivery.
14. In the event of withdrawal from the contract, the consumer is liable for the reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
15. The Customer is not entitled to withdraw from the contract in relation to contracts specified in Art. 38 of the Act of 30 May 2014 on consumer rights, among others. in relation to the contract:
16. a) in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
17. b) in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;</ li>
18. c) in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to meet his individual needs.

 

• 9. Withdrawal from the contractand complaint procedure in the field of electronic services

 

1. In the case of contracts for the provision of electronic services of a continuous and indefinite nature (e.g. Newsletter), the Customer has the right to terminate the contract. The customer may terminate the contract by notice with immediate effect and without giving a reason by sending a declaration of termination to the e-mail address laaarosee@gmail.com.
2. The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of a breach by the Customer of the provisions of these Regulations.
3. In the event of non-performance or improper performance by the Seller of services provided via the Online Store, the Customer is entitled to submit a complaint electronically to the following address: laaarosee@gmail.com.
4. A properly submitted complaint should include the Customer's name (name and surname or company name, residential address or company's registered office address and e-mail address), the subject of the complaint along with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint.
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5. The complaint is considered by the Seller within 14 calendar days from the date of receipt of the complaint.

 

• 10. Provisions relating to entrepreneurs

 

1. The provisions of this paragraph apply only to Customers who are not consumers under Art. 22¹ of the Civil Code.
2. The provisions of this paragraph do not apply to sales contracts if the buyer is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
3. The Seller reserves the right to withdraw from the sales contract at any time unless the Product has been delivered to the Customer, a third party acting on behalf of the Customer or the carrier carrying out the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to claims on the part of the Customer against the Seller.
4. The Seller reserves the right to limit the payment methods available in the Online Store. The Seller reserves the right to demand prepayment of all or part of the order value, regardless of the payment method chosen by the Customer.
5. Pursuant to Art. 558 of the Civil Code, in the event of selling the Product to a Customer who is not a consumer, the Seller's liability under warranty is excluded.
6. Pursuant to Art. 548 §1 of the Civil Code, upon delivery of the Product by the Seller to the Customer, a third party indicated by the Customer or the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer.
7. The Seller's liability towards the Customer is limited exclusively to actual damages incurred by the Customer in connection with improper performance of the contract by the Seller, and the Seller is liable in an amount not exceeding the value of the order placed by the Customer.

 

• 11. Seller Liability

 

1. The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or for the Customer's actions in a way that hinders or prevents the provision and implementation of services by the Seller.
2. The Seller is not responsible for the consequences of using the Online Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable legal provisions and applicable principles of social coexistence or customs.
3. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical database or software. Suspension or termination of individual functionalities of the Online Store may not violate the Customer's rights.

 

• 12. Intellectual Property

 

1. All content posted in the Online Store (including graphics, texts, page layout and logos) and not originating from the Customer or other suppliers is protected by copyright and is the exclusive property of the Seller. Using this content without the written consent of the Seller results in civil and criminal liability.
2. The customer is obliged to use all content posted in the Online Store only for his or her own personal use. The use of the content in any other scope is permitted only if expressly indicated by the Seller.
3. The use of the Online Store, including the use of text, graphic materials, photos, applications, databases or other content, does not mean the Customer acquires any rights in relation to the indicated content, and in particular does not mean acquiring any rights copyright, related rights or licenses.
4. It is prohibited to undertake the following activities without the express consent of the Seller:
5. a) copying, modifying and transmitting electronically or in any other way the Online Store or its parts, as well as individual content made available via it,
6. b) disseminating in any way the content published in the Online Store,
7. c) downloading the content of databases and reusing it in whole or in part.

 

• 13. Final Provisions

 

1. The Seller reserves the right to change these Regulations. The seller will notify about the change of regulations on the online store's website for at least 14 calendar days before entering the life of changes in the regulations. A change in the provisions of the Regulations does not apply to the client & oacute; in which they have submitted order during the previous version of the regulations. The amendment to the Regulations during the contractual relationship of a continuous nature binds the other party if the requirements specified in art. 384 of the Civil Code, and the party did not terminate the contract at the notice period of 14 calendar days.
2. In other issues not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply. In the event that the provisions that apply in the consumer state more favorable to him, and the provision cannot be excluded by contract, they will apply in the contract concluded through the online store.
3. The customer has the opportunity to use out -of -court methods & oacute; in considering complaints and pursuing claims arising from the store made in the store. These include: & nbsp; In the event of a dispute over property rights, resulting from the Sales and Services of Services, applying for the examination of the case by a permanent consumer court acting with the relevant voivode Handlowa in Krakow for undertaking actions aimed at out -of -court resolution of the dispute pursuant to the Act of 23 September 2016 on out -of -court resolving a dispute in consumer (Journal of Laws of 2016, item 1823).
4. Regardless of point 3, the customer may return for help to the municipal (poviat) spokesman for the consumer & oacute; All necessary information can be obtained on the website of the Office of Competition and Consumer & Oacute; in the address www.uokik.gov.pl . </iL >
5. The customer who is a consumer can also use the electronic method of solving a large seller via the ODR platform available at http: // ec.europa.eu/consumers/odr/ .
6. Disputes arising as a result of the provision of services on the basis of these Regulations will be subjected to the decision:
7. a) to the common court according to the customer's choice in accordance with the relevant provisions of Polish law, if the customer is a consumer,
8. b) the common court competent according to the seller's headquarters, if the customer is not a consumer.
9. Annexes to the regulations constitute its integral part.
10. Regulations come into force on February 9, 2024