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Terms and conditions

  1. General provisions
  2. Definitions
  3. Type and scope of electronic services in the online store
  4. Terms and conditions of service provision and conclusion of sales agreements
  5. Methods and terms of payment for products
  6. Methods and terms of delivery and collection of products
  7. Complaints procedure
  8. Intellectual property
  9. Final provisions

I. GENERAL PROVISIONS

  1. The website https://bloomflowers.mom/ operates on the terms and conditions set out in these Terms and Conditions.
  2. The Terms and Conditions define the types and scope of services provided electronically by the website https://bloomflowers.mom/, the rules for the provision of these services, the terms and conditions for concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure.
  3. Upon taking steps to use the Electronic Services of the website https://bloomflowers.mom/, each Service Recipient is obliged to comply with the provisions of these Terms and Conditions.
  4. In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply, including in particular:
    • The Act on the provision of electronic services of July 18, 2002.
    • The Act on consumer rights of May 30, 2014.
    • The Civil Code of April 23, 1964, and other relevant provisions of Polish law.
  5. The administrator of personal data processed in connection with the implementation of the provisions of these regulations is the Service Provider. Personal data is processed for the purposes, to the extent and based on the principles set out in the privacy policy published on the Online Store’s website. Providing personal data is voluntary. Every person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

II. DEFINICJE:

  1. Business Day – one day from Monday to Friday, excluding public holidays.
  2. Order Form – an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  3. Civil Code – the Civil Code Act of April 23, 1964.
  4. Product – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller, specified in detail in the Order.
  5. Terms and Conditions – these Terms and Conditions, which specify the rules for concluding distance sales agreements via the Online Store, the manner of their implementation, the rights and obligations of the parties to such agreements, and the complaint procedures. With regard to services provided electronically, these Terms and Conditions constitute the terms and conditions within the meaning of Article 8 of the Act on the provision of electronic services.
  6. Online Store – the Service Provider’s online store available at the following internet address: bloomflowers.mom
  7. Sales Agreement – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
  8. Service Provider/Seller/Administrator – Tetra Plus sp. z o.o. with its registered office in Warsaw, address: Hoża 86 lok.410 00-682 Warsaw, address for service: Hoża 86 lok.410 00-682 Warsaw, entered in the Register of Entrepreneurs under KRS number: 0000744921, NIP: 5213837167, REGON: 381015070, e-mail address: [email protected], tel.: +48 790343461.
  9. Service Recipient/Customer – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.
  10. Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
  11. Consumer Rights Act – the Act of May 30, 2014, on consumer rights.
  12. Order – a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

III. TYPE AND SCOPE OF ELECTRONIC SERVICES IN THE ONLINE STORE

  1. Orders in the Online Store may be placed in particular via electronic means of remote communication, in particular via the Order Form available on the Online Store website, as well as via e-mail, telephone or via electronic communication platforms (including social media), by providing the data necessary to complete the Order.
  2. The Customer’s use of the Order Form begins when the first Product is added to the shopping cart in the Online Store. The order will be placed after completing the Order Form and clicking the “Place order” button. Until that moment, the Customer has the option to change the entered data on their own.
  3. In the Order Form, the Customer provides the data necessary to complete the Order, in particular: name and surname, delivery address, e-mail address, telephone number, selected Product, its quantity, delivery method, and payment method. The Customer may also provide other delivery details.
  4. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that is consistent with the facts. The Service Recipient is prohibited from providing illegal content.
  5. To use the Online Store, you need:
    • a device with Internet access, in particular a computer, laptop, or other telecommunications device that allows you to view the Online Store,
    • a web browser that supports cookies and JavaScript (in particular, the latest versions of Google Chrome, Mozilla Firefox, Safari, Microsoft Edge), 
    • an active e-mail account registered in a domain that is secure for the Online Store.

IV. TERMS AND CONDITIONS OF SERVICE AND CONCLUSION OF THE SALES AGREEMENT

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store. 
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution.
  3. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which contains at least 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. 
  4. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  5. The content of the sales agreement is recorded, secured, and made available to the Customer by publishing these Terms and Conditions on the Online Store website and sending an email to the Customer.
  6. The price of the Product displayed on the Online Store website is given in Polish zlotys and includes taxes. The total price of the Product, including taxes and delivery costs (including transport, delivery, and postal services) and other costs, and if these costs cannot be determined, the obligation to pay them, The Customer is informed on the Online Store’s website when placing an Order, including when the Customer expresses their willingness to be bound by the Sales Agreement.

V. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  1. The Online Store offers the option of making electronic payments, in particular in the form of immediate prepayments.
  2. Any form of payment other than immediate payment, including traditional bank transfer, cash on delivery, cash, or deferred payment, may only be used after prior individual agreement with the Seller.
  3. Payments for goods should be made in the manner selected when placing the order via the Order Form.
  4. The currently available prepayment methods are specified in detail at: https://bloomflowers.mom/delivery-and-payment/?lang
  5. Settlements of transactions by electronic payments and payment cards are carried out in accordance with the Customer’s choice. Electronic payments are handled in particular by: 
    • PayU – PayU S.A. with its registered office in Poznań at ul. Grunwaldzka 182, 60-166 Poznań, entered in the Register of Entrepreneurs of the National Court Register under number 0000274399 by the District Court Poznań – Nowe Miasto i Wilda in Poznań, NIP: 7792308495, a national payment institution supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under number IP1/2012.
    • Przelewy 24 – owned by PayPro S.A. with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań under KRS number: 0000347935, NIP: 779-236-98-87, REGON: 301345068, a national payment institution supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under number IP 24/2014
    • PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A., registered in the Luxembourg Commercial Register under number R.C.S. Luxembourg B 118 349. PayPal is authorized to operate as a credit institution in Luxembourg and is supervised by the Commission de Surveillance du Secteur Financier (CSSF).
    • BLIK – owned by Polski Standard Płatności S.A. with its registered office in Warsaw, ul. Czerniakowska 87A, 00-718 Warsaw, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw under KRS number: 0001141221, NIP: 5213664494, REGON: 147055889
  1. The service recipient is obliged to make payment:
    • in the case of payment by bank transfer, electronic transfer, or card – within 1 calendar day of concluding the Sales Agreement,
    • in the case of cash on delivery – upon receipt of the goods.
      *Failure to make payment within the specified time limit will result in the cancellation of the order.
  1. The customer is obliged to provide complete and correct data necessary for the execution of the Order, in particular address details and, if necessary, data for issuing a VAT invoice.
  2. Providing incomplete or incorrect data (e.g., incorrect postal code, imprecise name of the town, lack of tax identification number) may result in:
    • the inability to issue a VAT invoice,
    • delays or errors in delivery,
    • the need to contact the Customer to verify the data, which may extend the order fulfillment time.

VI. METHODS AND TERMS OF DELIVERY AND PRODUCT COLLECTION

  1. Delivery of the Product to the Customer is subject to a fee, unless the sales agreement provides otherwise.
  2. The Seller offers the Customer the following methods of delivery or collection of the Product:
    • courier delivery.
    • personal collection at the following address: ul. Koszykowa 63, 00-667 Warsaw or Cybernetyki 15 lok U1, 02-678
    • the date of delivery of the product to the Customer is agreed with the Customer on a case-by-case basis, specifying the exact date and time.
  3. All details related to the method, date, and cost of delivery (including transport, delivery, and postal service fees) are available in the Online Store, in the Delivery and Payment information tab, and in the Order Form—during the ordering process, including when the Customer expresses their intention to conclude a Sales Agreement. The Customer selects the preferred delivery method from the available options indicated in the Order Form.
  4. Prior to delivery, the courier may contact the Customer to confirm their presence at the specified delivery address.
  5. If there is no person authorized to receive the shipment at the indicated address or if the delivery address has been provided incorrectly by the Customer, another delivery attempt may be made only after the Customer has contacted the Seller and agreed on the costs of re-shipment.

VII. RETURNS AND COMPLAINTS PROCEDURE

7.1 Withdrawal from the contract

  1. Pursuant to the Act of May 30, 2014 on consumer rights, a consumer or a natural person to whom consumer regulations apply may withdraw from a contract concluded remotely or outside the Seller’s premises without giving any reason, by submitting an appropriate statement of withdrawal from the Sales Agreement within 14 calendar days of receiving the Product or the last batch of Products in the case of such an Order. If the statement of withdrawal is sent by registered mail, the date of posting at the post office shall be taken into account.
  2. The Product should be returned in an unchanged condition, unless the change was necessary to determine its characteristics and functioning. The returned Product should be properly packaged to avoid damage during transport.
  3. The Product should be delivered to the following address: ul. Koszykowa 63, 00-667 Warsaw or ul. Cybernetyki 15 lok. U1, 02-678 Warsaw
  4. The refund will be made using the same method that was used for the original transaction, within 14 days of receiving the statement or returning the Product. The Seller shall reimburse the Consumer for the delivery costs up to the amount of the cheapest standard delivery option offered by the Seller, selected by the Consumer at the time of purchase. 
  5. Pursuant to Article 38(1)(4) of the Consumer Rights Act, perishable products, including cut flowers and cakes, are not subject to the right to withdraw from the contract without giving any reason within 14 days of purchase, as their rapid loss of freshness does not allow for reuse.
  6. Notwithstanding the above, in the case of distance selling or selling outside the Seller’s premises, it is exceptionally possible to withdraw from the contract and return the cost of cut flowers (excluding delivery costs) only if the Customer returns the cut flowers to the Seller in an unchanged condition within 1 day of delivery.
  7. Withdrawal may be effected each time by sending a statement of withdrawal, which may be done in writing, by e-mail ([email protected]) or by any other means of communicating the statement of intent to the Seller. The Customer may also use the withdrawal form provided below.

7.2 Complaints

  1. The Customer may lodge a complaint if the Product is found to be non-compliant with the contract, in particular in the event of a physical or legal defect within the meaning of the Civil Code.
  2. A physical defect consists in the Product’s non-compliance with the contract, in particular when the Product: a) does not have the properties it should have due to the purpose resulting from the contract or its intended use, b) does not have the properties assured by the Seller or Manufacturer, c) is not suitable for the purpose specified by the Customer, about which the Seller has been informed, d) was delivered in an incomplete state.
  3. A legal defect occurs in particular when the Product: a) is not the property of the Seller, b) is encumbered with the rights of a third party, c) its use is restricted by a decision or ruling of an authority.
  4. Complaints may be submitted electronically, by telephone, or in writing. In the event of a complaint, the Seller reserves the right to request that the Product be sent free of charge to the following address: ul. Koszykowa 63, 00-667 Warsaw or ul. Cybernetyki 15 lok. U1, 02-678 Warsaw. The Seller may also request photographic documentation.
  5. The store will consider the complaint within 14 calendar days of receiving it. Failure to respond within this period means that the complaint has been accepted.
  6. Complaints may be submitted both on the basis of warranty (the Seller’s statutory liability for defects) and on the basis of the rules set out in these Terms and Conditions, if any.
  7. In connection with a complaint, the Customer may request, in particular: replacement of the Product, removal of the defect, reduction of the price, or withdrawal from the contract. If the complaint is accepted, the Seller is obliged to exercise these rights in accordance with the provisions of the Civil Code.
  8. If the complaint is accepted, the Customer’s requests, including a full or partial refund, shall be fulfilled immediately, no later than within 14 days.
  9. The Customer loses the right to file a complaint if, within one year of discovering the defect in the Product, but no later than within two years of the delivery of the item to the Consumer, they fail to notify the Seller, whose liability under the warranty is limited to this period.
  10. The Consumer may also use extrajudicial means of dealing with complaints and pursuing their rights, including mediation or arbitration. More information can be found on the UOKiK website: www.uokik.gov.pl

Withdrawal form template:

I hereby inform you of my withdrawal from the contract for:

Order number:

Date of contract conclusion:

Consumer’s first and last name:

Consumer’s address:

Please refund the price paid to bank account number

Date

Signature:

IMPORTANT! Flowers are a living product and are subject to complaint only if proper storage and transport are confirmed.

VIII. INTELLECTUAL PROPERTY

All content posted on the website at https://bloomflowers.mom/ is protected by the Seller’s copyright or intellectual property rights.

Any use, without the express written consent of the Service Provider, of any of the elements comprising the content and substance of the Website, including in particular the Seller’s trademarks, may constitute a violation of the Seller’s rights and may result in the violator being held liable under generally applicable law.

IX. FINAL PROVISIONS

Agreements concluded via the Website are subject to Polish law. If any provision of the Terms and Conditions proves to be inconsistent with applicable law, the relevant provisions of Polish law shall apply, thereby replacing the disputed provision.

The provisions of this document shall in no way limit the rights of the Consumer under applicable law.

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