Store regulations

§1 Introductory provisions

1. The VITRO FLOWERS online store, available at https://vitroflowers.com, is run by the company: DMFactory Maksymilian Dyga, Letnia 14, 05-660 Warka, NIP: 7972081165, REGON: 523571249

§2 Definitions

1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
2. Seller – DMFactory Maksymilian Dyga, Letnia 14, 05-660 Warka, NIP: 7972081165, REGON: 523571249
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Shop – online shop run by the Seller at the Internet address https://vitroflowers.com/
6. Distance contract – a contract concluded with the Customer as part of an organised system of concluding distance contracts (within the Store), without simultaneous
7. Regulations – these regulations of the Store.
8. Order – a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
9. Account – customer account and information about Orders placed by him in the Store.
10. Registration form – a form available in the Store enabling the creation of an Account.
11. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – ​​a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A sales agreement also means – in relation to the Product’s characteristics – a service agreement and a contract for specific work.

§3 Contact with the store

1. Seller’s address: DMFactory Maksymilian Dyga, Letnia 14, 05-660 Warka, NIP: 7972081165, REGON: 523571249
2. Seller’s email address: sklep@vitroflowers.com
3. The Customer may communicate with the Seller using the addresses provided in this paragraph.

§4 Technical requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, you must:

1. A terminal device with access to the Internet and a web browser.
2. Active e-mail account
3. Cookies enabled
4. FlashPlayer installed

§5 General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Customers may place orders for Products in the Store’s assortment either by creating an Account in accordance with the provisions of §6 of the Terms and Conditions, or by providing the necessary personal and address information to enable Order fulfillment without creating an Account.
3. The prices listed in the Store are given in Polish zloty and are gross prices.
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store’s website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
5. In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (definitive) price is the total price including all payments for the billing period.
6. If the nature of the subject matter of the Contract does not allow, reasonably, for the final price to be calculated in advance, information on the method of calculating the price, as well as on transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§6 Creating an Account in the Store

1. To create an Account in the Store, please complete the Registration Form.
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may, at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.

§7 Rules for Placing an Order

To place an Order you must:

1. Log in to the Store (optional).
2. Select the Product that is the subject of the Order and then click the “Add to Cart” button (or equivalent).
3. Log in or use the option to place an Order without registration.
4. If you have chosen to place an Order without registration, complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), and enter the invoice details if they are different from the details of the Order recipient.
5. Click the “order and pay” button/click the “order and pay” button and confirm the order by clicking the link sent in the e-mail.
6. Select one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

§8 Offered delivery and payment methods

1. The Customer may use the following methods of delivery or collection of the ordered Product.
   • Courier delivery
   • Parcel lockers
2. The customer can use the following payment methods:
   • Payment by transfer to the Seller’s account
   • Electronic payments
   • Payment by card
3. Detailed information on delivery methods and accepted payment methods can be found on the Store’s website.

§9 Execution of the Sales Agreement

1. The conclusion of the Sales Agreement 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 §7 of the Regulations.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller’s statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the customer chooses:
4. Payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 5 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
5. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller within the time indicated in its description (subject to point c of this paragraph), in the manner selected by the Customer when placing the order.
6. If you order Products with different delivery dates, the delivery date is the longest date given.
7. In case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts, or to have all the Products delivered after the entire order is completed.
8. The beginning of the period for delivery of the Product to the Customer is calculated as follows:
9. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
10. If the Customer chooses to pick up the Product in person, the Product will be ready for collection by the Customer on the date indicated in the product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the Order
11. In case of ordering Products with different readiness dates, the readiness date shall be the longest date given.
12. Delivery of the Product takes place only on the territory of Poland.
13. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store in the “delivery costs” tab and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
14. Personal collection of the Product by the Customer is free of charge.

§10 Right of withdrawal

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. In the case of a contract that includes multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from taking possession of the first of the items.
4. In the case of a Contract that involves the regular delivery of Products for a specified period of time, the period indicated in paragraph 1 shall run from taking possession of the first item.
5. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the deadline.
6. The statement may be sent by traditional mail or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in §3.
7. Effects of withdrawal:
   1. In the case of withdrawal from a contract concluded remotely, the Agreement is considered not concluded.
   2. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
8. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
9. The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
10. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
11. The Consumer shall bear the direct costs of returning the Product also the cost of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
12. The consumer shall be liable only for the diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
13. If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
14. The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
    • In which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
    • In which the object of performance is an item that is perishable or has a short shelf life.
    • Statement of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement.
    • In which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the Contract
    • In which the subject matter of the service are things that after delivery, due to their nature, become inseparable from other things.
    • In which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
    • In which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.
    • On the supply of daily newspapers, periodicals or magazines, except for a subscription contract.
    • For the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.

§11 Complaint and warranty

1. The Sales Contract covers new Products.
2. The seller is obliged to provide the customer with an item free of defects.
3. If there is a defect in the goods purchased from the seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
4. Complaints should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
5. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer’s request in connection with the defect of the goods.
6. The Seller will respond to the complaint request immediately, no later than within 14 working days, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.
7. Goods returned under the complaint procedure should be sent to the address specified in §3 of these Regulations.
8. If a warranty has been issued for the Product, the information about it, as well as its content, will be included next to the description of the Product in the Store

§12 Out-of-court ways of dealing with complaints and claim investigation

1. Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php
• http://www.uokik.gov.pl/sprawy_indywidualne.php
• http://www.uokik.gov.pl/wazne_adresy.php

2. The consumer has the following examples of out-of-court means of complaint handling and redress.
3. The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
4. The consumer is entitled to apply to the provincial inspector of the Commercial Inspection in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

§13 Personal data in the Online Store

1. The administrator of Customers’ personal data collected through the Online Store is the Seller.
2. Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
4. In the case of a Customer who uses a delivery method by parcel or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
5. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
6. The customer has the right to access and correct the content of his data.
7. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.

§14 Final provisions

1. Contracts concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
4. The customer has the right to use out-of-court means of handling complaints and claims. To do so, he can file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/