Brak produktów w koszyku.Wróć do sklepu
TABLE OF CONTENTS:
The www.whiteflower.com.pl Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.
1.1. The Online Store available at www.whiteflower.com.pl is run by the company „WHITE FLOWER” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its seat in Dębki (registered office address: ul. Morska 2, 84-110 Dębki i correspondence address : Przyborowice Dolne 2, 09-142 Załuski) entered into the register of entrepreneurs of the National Court Register under the number 0000401668; registration files kept by: District Court Gdańsk-Północ in Gdańsk, VIII Commercial Division of the National Court Register; share capital: PLN 10,000.00; NIP 5871697981, REGON 221561500, e-mail address: email@example.com and telephone number: (+48) 604 219 677.
1.2. These Regulations are addressed both to consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure for Electronic Services:
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – the Customer is informed about the obligation to pay them. on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.4. Consolidating, securing and providing the Customer with the content of the concluded Sales Agreement takes place by (1) making these Regulations available on the Online Store website and (2) sending the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.2. Payment date:
5.1. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following Product delivery methods:
5.3. The date of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:
6.1. The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for a Product defect and the Customer’s rights are set out on the Online Store website in the complaint information tab .
6.3. The complaint may be submitted by the Customer, for example:
6.4. It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified .
6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Przyborowice Dolne 2, 09-142 Załuski. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of the Product, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
7.1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php .
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: firstname.lastname@example.org or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.) , whose task is, inter alia, to assist consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures: (1) application for dispute resolution to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/ ); (2) an application for an out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at email@example.com and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator’s tariff).
7.4. An online dispute resolution platform is available at http://ec.europa.eu/consumers/odr between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
8.2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the website of the Online Store in the withdrawal tab. The consumer may use the form template, but it is not obligatory.
8.3. The period for withdrawal from the contract begins:
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the consumer’s choice a delivery method other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Przyborowice Dolne 2, 09-142 Załuski.
8.7. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.10. The provisions regarding the consumer contained in this point 8. of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to its activity economic, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.1. This clause 9 of the Regulations and all provisions contained therein are addressed and thus bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date not also a natural person concluding a contract directly related to its business activity, if the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Business Economic.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sale Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.5. The liability of the Service Provider / Seller towards the Service Recipient / Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and costs deliveries under the Sales Agreement, but not more than up to the amount of PLN 1,000. The amount limitation referred to in the preceding sentence applies to all claims made by the Service Recipient / Customer against the Service Provider / Seller, including in the absence of a Sales Agreement or not related to the Sales Agreement. The Service Provider / Seller is liable to the Service Recipient / Customer only for typical damages predictable at the time of concluding the contract and is not liable for lost profits. The seller is also not responsible for delay in transporting the shipment.
9.6. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Change of the Regulations:
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271, as amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights; and other relevant provisions of generally applicable law.
10.4. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider / Seller, which cannot be excluded by agreement. In this case, the Service Provider / Seller guarantees the consumer the protection granted to him on the basis of regulations that cannot be excluded by agreement.
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
„WHITE FLOWER” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Przyborowice Dolne 2, 09-142 Załuski
– I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
– Date of conclusion of the contract (*) / receipt (*)
– Name and surname of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if the form is sent in paper version)
(*) Delete as appropriate.