Terms conditions

Regulations of the online store krzewy-sadzonki.pl

§1

Regulations of the online store krzewy-sadzonki.pl contain the most important information about the Seller, the Store, the Customer and his rights, as well as the principles of concluding sales contracts through the store.

§2

Definitions

1. Seller – a natural person conducting agricultural activity under the name of the company Szkółka Krzewów Ozdobnych Marcin Mojeścik, , NIP 9372505356, REGON 241952283.
2. The Seller is registered as a flat-rate farmer operating a farm, subjectively exempt from VAT under Article 43 (1) (3) under tax identification number NIP 9372505356.
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 law grants legal capacity, performing a business on its own behalf, which uses the Store.
5. Store – an online store operated by the Seller at the Internet address krzewy-sadzonki.pl
6. Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
7. Regulations – these rules and regulations of the Store.
8. Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account – Customer’s account in the Store. The Account collects data provided by the Customer and information about the Orders placed by the Customer in the Store.
10. Registration form – a form available in the Store that allows you to create an Account.
11. Order Form – an interactive form available in the Store that allows you to place 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’s software, in which the Products selected by the Customer for purchase are visible and which allows to establish and modify the Order data, including in particular the number of Products.
13. Product – an item/service available in the Store that is the subject of a Sales Contract between the Customer and the Seller.

Sales Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. A Sales Contract is also understood as a contract for the provision of services and a contract for work (according to the nature of the Store’s offer).

§3

Contact with the Store

1. Seller’s Address: Szkółka Krzewów Ozdobnych Marcin Mojeścik,

43-384 Jaworze,

465 Zdrowotna St.

1. Seller’s e-mail address: krzewy@drimgard.pl
2. Seller’s phone number: +48 514 504 233
3. Seller’s bank account number:

Number: 71 8117 0003 0009 6016 2000 0010,

IBAN: EN 71 8117 0003 0009 6016 2000 0010,

SWIFT BIC code: POLUPLPR

1. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.

§4

Technical requirements

To use the Store, including viewing the Store’s offer and placing orders for Products, the following are necessary:

1. a terminal device with access to the Internet and a Chrome/Edge/Opera/Firefox/Safari web browser
2. active electronic mail (e-mail) account,
3. cookies enabled

§5

General information

1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions (including interruptions) in the operation of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products on the Store’s offer is possible either after creating an Account (in accordance with the provisions of § 6 of the Rules and Regulations), or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
3. The prices given in the Store are in Polish zloty and presented on the Store’s website are gross prices expressed in Polish zloty. Prices do not include delivery costs. Delivery costs are specified in the delivery price list and are borne by the Buyer.

§6

Creating an Account in the Store

1. To create an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following data: e-mail address and shipping data.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by entering the login (username or e-mail address) and password established in the Registration Form.
4. The Customer has the opportunity to delete the Account at any time, without giving any reason and without paying any fees for it, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

§7

Rules for placing an Order

In order to place an Order, you must:

1. Log in to the Account;
2. Select the Product that is the subject of the Order, and then click the “Add to cart” button;
3. Fill out the Payment Details form, select one of the available payment methods and confirm the order by clicking the “Buy and pay” button;
4. depending on the selected payment method, pay for the order within the specified period, subject to § 8 item 3.

§8

Delivery and payment methods offered

1. The customer can use the following methods of delivery or pickup of the ordered Product:
   1. Courier delivery, cash on delivery
   2. Personal collection available at: 43-384 Jaworze, 465 Zdrowotna St.

1. The customer can use the following payment methods:

1. Bank transfer
2. Online transfer via PayU
3. Payment in cash on delivery

Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§9

Execution of the sales contract

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 Terms and Conditions.
2. Once the Order is placed, 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 is made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order. The message contains, among other things, the Seller’s statements about receipt of the Order and its acceptance for execution, as well as 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.
3. If the customer chooses:
   1. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
   2. payment on delivery, the customer is obliged to make payment on delivery.
   3. payment in cash upon personal collection of the shipment, the customer is obliged to make payment upon collection of the shipment within 7 days from the date of receipt of information about the readiness of the shipment for collection.

1. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller within the Order lead time indicated in the store, generally 1-2 business days (subject to paragraph 5 of this section) and in the manner selected by the Customer when placing the Order.
2. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
3. 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.
4. The beginning of the period for delivery of the Product to the Customer is calculated as follows:

1. 1. 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.
   2. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement,
2. If the Customer chooses to collect 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.
3. The delivery of the Product takes place only in Poland.
4. The 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 under the “Shipping” tab and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
5. Personal collection of the Product by the Customer is free of charge.

§10

Right of withdrawal

1. In accordance with the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014, item 827.), the plants we ship are classified as perishable goods (Art. 38 item 4.), and therefore are not entitled to a 14-day return period.
2. The buyer has the right to withdraw from the contract without giving any reason before receiving an email about the shipment of goods and changing the status of the order to be completed within 14 days. In case of withdrawal, the contract is considered not concluded.
3. In order to exercise the right of withdrawal, you must inform the Store of the withdrawal from this contract by an unequivocal statement, for example, by a letter containing the Customer’s data, the order number and the declaration of withdrawal. The letter may be sent by mail or e-mail.
4. In the event of withdrawal from this contract, the Store shall refund all payments received, no later than 14 days from the date of withdrawal. The customer will not incur any costs.
5. After 14 days, it is not possible to withdraw from the contract.

§11

Complaint

1. In case of noticing visible external damage to the consignment, the Customer has the right to write a damage protocol. After writing the protocol, the Seller should be contacted by phone or e-mail, using the data provided in § 3.
2. If quantitative or qualitative deficiencies are found in the shipment, the Customer is obliged to notify the Seller of this fact within 2 days. Quantitative and qualitative complaints made after this deadline will not be considered.
3. If quality defects are found, the customer has the right to lodge a complaint and demand the replacement of the goods with new ones or a reduction in price. Due to the nature of the goods (plants), insignificant deviations from the norm in terms of foliage, coloration or size are not considered defects in the goods. Complaints are subject to plants other than the species indicated in the order, broken or of a different size than indicated in the order.
4. The seller is not liable under the warranty for damage to the goods associated with improper use, such as improper care. Please read the information contained in the product description on the proper placement and planting of plants before purchasing them.
5. The seller is not liable under the warranty for damages caused by force majeure, e.g. floods or adverse weather phenomena.
6. The customer has 12 months to file a warranty claim. If a complaint is filed after 12 months of purchase, the customer must prove that the defect already existed at the time of sale.
7. If the customer wishes to complain about the purchased goods, he/her should send a letter of complaint by mail or e-mail to the addresses given in § 3. To complain about the goods, the customer needs a confirmation of the purchase of the goods – a fiscal receipt, a printout of the payment confirmation or an e-mail informing about the purchase of the goods.
8. The letter of complaint should contain the following information:

• customer data
• order number and date of contract
• the subject of the complaint with an indication of the customer’s request; it is recommended to attach photographic material in order to determine the defects of the goods

9. The Seller is obliged within 14 days to respond to the complaint and inform the Customer about it. In the event of a positive response to the complaint, the Seller shall, within 7 days, replace the goods with new ones or refund part or all of the costs incurred.

§12

Out-of-court methods of dealing with complaints and pursuing claims

1. Detailed information on the Customer’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 county (city) consumer ombudsman, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
   1. http://www.uokik.gov.pl/spory_konsumenckie.php,
   2. http://www.uokik.gov.pl/sprawy_indywidualne.php,
   3. and http://www.uokik.gov.pl/wazne_adresy.php.
2. The customer has the following examples of out-of-court means of complaint handling and redress:
   1. The Customer 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.
   2. The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Commercial Inspection Act of December 15, 2000 (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller.
   3. The Customer may obtain free assistance in resolving 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 information 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:
   1. In the case of a Customer who uses postal or courier delivery methods 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.
   2. In the case of a Customer who uses an 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.
4. The customer has the right to access and modify the content of his/her data.
5. 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 impossibility of concluding this agreement.