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STORE POLICY
rosalikwiaty.pl

1. GENERAL PROVISIONS

  1. The online store operating at www.rosalikwiaty.pl is run by Alena Klimovich, conducting business under the company name Alena Klimovich, registered in the Central Registration and Information on Economic Activity of the Republic of Poland, maintained by the minister competent for economic affairs. The address of the place of business and correspondence is: ul. Łódzka 64, 80-180 Gdańsk, Poland, NIP: 5833524936, REGON: 540306086, email: rosalikwiaty@gmail.com, phone: +48 536 080 933.

  2. The store www.rosalikwiaty.pl operates under the terms and conditions specified in these Store Policy.

  3. These Policy define the types and scope of services provided electronically by the Store, the rules for providing these services, the conditions for concluding and terminating electronic service agreements and Product Sales Agreements, as well as the procedure for handling complaints.

  4. Each User, upon taking actions aimed at using the electronic services of the Store www.rosalikwiaty.pl, is obliged to comply with the provisions of these Policy.

  5. A condition for placing an Order in the Store by the Customer is to read and accept the Store Policy at the time of placing the Order.

  6. The Store www.rosalikwiaty.pl conducts retail sales of Products via the Internet within the territory of Poland.

  7. Products offered in the Store www.rosalikwiaty.pl are new, free from legal defects, and have been legally introduced to the Polish market.

  8. For matters not regulated in these Policy, the following legal provisions shall apply:

  1. The Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended),

  2. The Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827),

  3. The Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), and other applicable Polish laws.

 

2. DEFINITIONS

  1. STORE POLICY (TERMS OF SERVICE)– these Store Policy.

  2. STORE – the online store operated by the Service Provider at www.rosalikwiaty.pl.

  3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Store.

  4. CONTACT FORM – a form available on www.rosalikwiaty.pl that allows sending a message to the Service Provider.

  5. REGISTRATION FORM – a form available on www.rosalikwiaty.pl that allows creating an Account.

  6. ACCOUNT – a set of resources in the Service Provider’s IT system, identified by a unique name (login) and password, in which the User’s data is stored, including information about placed Orders.

  7. ORDER FORM – a form available on www.rosalikwiaty.pl that allows placing an Order.

  8. SELLER / SERVICE PROVIDER – Alena Klimovich, conducting business under the company name Alena Klimovich, registered in the Central Registration and Information on Economic Activity of the Republic of Poland, maintained by the minister competent for economic affairs, with the place of business and correspondence at ul. Łódzka 64, 80-180 Gdańsk, Poland, NIP: 5833524936, REGON: 540306086, email: rosalikwiaty@gmail.com, phone: +48 536 080 933, +48 452 818 232.

  9. USER – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service.

  10. CLIENT – a User who intends to conclude or has concluded a Product Sales Agreement with the Seller.

  11. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.

  12. ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name.

  13. PRODUCT – a movable item or service available in the Store that is the subject of a Sales Agreement between the Client and the Seller.

  14. SALES AGREEMENT – a Product Sales Agreement concluded between the Client and the Seller via the Store.

  15. ORDER – a statement of intent by the Client constituting an offer to conclude a Product Sales Agreement with the Seller.

  16. PRICE – the amount expressed in monetary units that the Client is obliged to pay the Seller for the Product.

 

3. TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services via the Store, such as:

    1. concluding Product Sales Agreements,

    2. managing an Account in the Store,

    3. sending messages via the Contact Form.

  2. The provision of Electronic Services to Users through the Store takes place under the terms set out in the Store Policy.

  3. The Service Provider has the right to display advertising content on the Store’s website. Such content constitutes an integral part of the Store and the materials presented therein.

 

4. CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of Electronic Services specified in Chapter 3, item 1 of the Store Policy by the Service Provider is free of charge.

  2. Term of the Agreement:

  • the agreement for the provision of the Electronic Service, consisting in enabling the placement of an Order in the Store, is concluded for a fixed term and terminates upon the submission of an Order or the cessation of its placement by the User.

  3. Technical requirements necessary to cooperate with the IT system used by the Service Provider:

  1. a computer with Internet access,

  2. access to an email account,

  3. a web browser,

  4. enabling Cookies and JavaScript in the web browser.

  4. The User is obliged to use the Store in a manner consistent with the law and good practices, taking into account respect for personal rights and the intellectual property rights of third parties.

  5. The User is obliged to enter data that is true and accurate.

  6. The User is prohibited from providing content of an unlawful nature.

 

5. TERMS OF CONCLUDING SALES AGREEMENTS

  1. The information provided on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Client submits an offer to purchase a specific Product on the terms specified in its description.

  2. The Product price displayed on the Store's website is given in Polish zlotys (PLN) and includes all components, including VAT, customs duties, and any other charges. The price does not include delivery costs.

  3. The Product price displayed on the Store is binding at the moment the Client places the Order. This price will not change regardless of any subsequent price changes in the Store that may occur for individual Products after the Client has placed the Order.

  4. Promotional (sale) Products are available in limited quantities, and Orders for them will be fulfilled on a first-come, first-served basis until the stock of the Product is exhausted.

  5. Orders can be placed:

    1. via the website using the Order Form (Store www.rosalikwiaty.pl) – 24 hours a day, all year round,

    2. via email at: rosalikwiaty@gmail.com.

  6. By placing an Order, the Client grants the Seller power of attorney to conclude an agreement for the provision of general postal services with the postal service operator on behalf of and at the expense of the Client.

  7. The Store processes Orders placed from Monday to Sunday during Store working hours (Mon-Fri: 10:00 - 20:00, Sat: 10:00 - 18:00, Sun: 10:00 - 15:00). Orders placed after 19:00 on Mon-Fri, after 17:00 on Saturday, after 14:00 on Sunday, or on public holidays will be processed the next working day.

  8. Conclusion of the Sales Agreement:

    1. To conclude a Sales Agreement, it is necessary for the Client to first submit an Order using the methods provided by the Seller.

    2. After placing the Order, the Seller immediately confirms its receipt while accepting the Order, which binds the Client to their Order. The confirmation of receipt and acceptance of the Order for processing is sent via email and includes:

      • confirmation of all essential elements of the Order,

      • a statement regarding the right to withdraw from the agreement,

      • instructions on how to exercise the right to withdraw,

      • these Store Policy.

    3. Upon receipt by the Client of the email referred to in point 8, a Sales Agreement is concluded between the Client and the Seller.

  9. Each Sales Agreement will be confirmed with proof of purchase.

 

6. PAYMENT METHODS

  1. The Seller provides payment through electronic payment systems (PayU.pl, Stripe, Skrill).

  2. For payments made via electronic payment systems, the Client must complete the payment before the Order is processed. The electronic payment system allows payment by credit card or fast transfer from selected Polish and foreign banks.

  3. The Client is required to make the payment for the Sales Agreement within 10 minutes of placing the Order, unless the Sales Agreement specifies otherwise.

  4. The Product will be shipped only after the payment has been received.

 

7. COST, DELIVERY TIME, AND DELIVERY METHODS

  1. The delivery cost of the Product is determined during the Order process and depends on the chosen payment method and delivery option for the purchased Product.

  2. Products purchased in the Store are shipped via a courier service.

  3. The Seller is not responsible for the failure of the recipient to collect the Product if delivery was attempted by the courier.

  4. The delivery time of the Product consists of the time required to prepare the Product and the time for delivery by the carrier:

  • Preparation time for the Product is up to 3 hours from the moment the Order is placed.

  • Delivery by the carrier occurs within the timeframe selected when placing the Order.

  • The Seller is not responsible for delays in delivery caused by the courier service – these may be due to unforeseen circumstances or “Force Majeure,” such as earthquakes, cyclones, storms, floods, war, aviation accidents, embargoes, riots, civil unrest, or protest actions.

 

8. TERMS FOR TERMINATION OF ELECTRONIC SERVICES AGREEMENTS

  1. Termination of the agreement for the provision of Electronic Services:

    1. Only agreements for the provision of continuous and indefinite Electronic Services (such as maintaining an Account) can be terminated.

    2. The User may terminate the agreement with immediate effect and without giving any reason by sending a relevant statement via email to: rosalikwiaty@gmail.com or by deleting their Account.

    3. The Service Provider may terminate the agreement for the provision of continuous and indefinite Electronic Services if the User violates the Policy, in particular by providing unlawful content, after a prior unsuccessful notice to cease the violations with a specified deadline. In such cases, the agreement expires 7 days after the Service Provider submits the termination statement (notice period).

    4. Termination results in the cessation of the legal relationship with effect for the future.

  2. The Service Provider and the User may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.

 

9. COMPLAINT AND CLAIM PROCEDURE

  1. Complaints under the statutory warranty:

  1. The basis and scope of the Seller’s liability towards the Consumer for statutory warranty covering physical and legal defects are defined in the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

  2. Notifications of defects in the Product and submission of the relevant request may be made via email to: rosalikwiaty@gmail.com or in writing to: ul. Łódzka 64, 80-180 Gdańsk, Poland.

  3. The email should include as much information and context about the subject of the complaint as possible, in particular the type and date of the defect, a photo of the defect, and contact details. Providing these details will significantly facilitate and accelerate the Seller’s handling of the complaint.

  4. If necessary for assessing physical defects of the Product, it should be delivered to: ul. Łódzka 62, 80-180 Gdańsk, Poland.

  5. The Seller shall respond to the Consumer’s request without delay, but no later than within 14 days. The response to the complaint will be sent to the email address provided by the Consumer or via another method indicated by the Consumer.

  6. For complaints submitted by Consumers, failure to respond within 14 days is considered acceptance of the complaint.
    In the event of a justified complaint by a Consumer, the Seller covers the costs of collection, delivery, and replacement of the Product with a defect-free one.

2. Complaints related to the provision of Electronic Services:

  1. Complaints regarding the provision of Electronic Services via the Store can be submitted by the User via email to: rosalikwiaty@gmail.com.

  2. The email should include as much information and context about the subject of the complaint as possible, in particular the type and date of the malfunction and contact details. Providing these details will significantly facilitate and accelerate the handling of the complaint by the Service Provider.

  3. The Service Provider shall handle the complaint immediately, but no later than within 14 days.

  4. The response will be sent to the email address provided by the User in the complaint or via another method indicated by the User.

3. Complaints regarding plants are accepted under the following conditions:

  • Sending photographic documentation of the plants with a description to our email on the day of receipt of the shipment.

  • Plants must remain in an unchanged state – complaints will not be accepted for plants that have been replanted, trimmed, or damaged.

 

10. RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A Client who is also a Consumer, who has entered into a distance contract, may withdraw from it without giving any reason by submitting an appropriate statement in writing within 14 days. To meet this deadline, it is sufficient to send the withdrawal statement provided by the Store. A model withdrawal form is attached.

  2. In the event of withdrawal from the contract, the Sales Agreement is considered as not concluded, and the Consumer is released from all obligations. Any benefits provided by the parties must be returned in an unchanged state, unless changes were necessary within the limits of ordinary management. The return must take place immediately, but no later than within 14 days.

  3. The Consumer is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

  4. The Seller will refund the value of the Product along with delivery costs using the same payment method used by the Consumer. If the payment was made by a credit or debit card, the refund will be made to the account of the card used for the payment.

  5. If the Consumer chose a method of delivery other than the cheapest standard delivery offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.

  6. The Consumer withdrawing from the Sales Agreement, in accordance with the provisions above, bears only the costs of returning the Product to the Seller.

  7. The 14-day period within which the Consumer may withdraw from the contract is counted from the day on which the Consumer takes possession of the Product.

  8. The right of withdrawal from a distance contract does not apply to a Consumer in the case of a Sales Agreement:

  • for goods that are not prefabricated, made according to the Consumer’s specifications, or intended to satisfy their individual needs;

  • for goods delivered in a sealed package which cannot be returned for health protection or hygiene reasons once the package has been opened after delivery;

  • for services, if the Seller has fully performed the service with the Consumer’s explicit consent, and the Consumer was informed before the commencement that they would lose the right of withdrawal once the service is fully performed;

  • for goods that are perishable or have a short expiration date.

  9. ​The right of withdrawal from the Sales Agreement applies both to the Seller and to the Client (Consumer) in the event that the other party fails to fulfill its obligation within the strictly specified time frame.

 

11. INTELLECTUAL PROPERTY

  1. All content published on the website at www.rosalikwiaty.pl is protected by copyright law and (except for content used under license) is the property of Alena Klimovich, conducting business under the name Alena Klimovich, NIP: 5833524936, REGON: 540306086. The Service Recipient (User) bears full responsibility for any damage caused to the Service Provider resulting from the use of any content from www.rosalikwiaty.pl without the Service Provider’s consent.

  2. Any use by anyone, without the explicit written consent of the Service Provider, of any elements comprising the content of www.rosalikwiaty.pl constitutes a violation of the Service Provider’s copyright and may result in civil and criminal liability.

 

12. PROVISIONS FOR BUSINESS CUSTOMERS (B2B)

  1. This section contains provisions applicable exclusively to Clients who are not Consumers.

  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Client who is not a Consumer within 14 Business Days from the date of conclusion. Such withdrawal may be made without giving any reason and does not give rise to any claims by the non-Consumer Client against the Seller.

  3. The Seller has the right to limit the payment methods made available to Clients who are not Consumers, including requiring prepayment of part or all of the purchase price regardless of the payment method chosen by the Client and regardless of the conclusion of the Sales Agreement.

  4. Benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the non-Consumer Client at the moment the Seller delivers the Product to the carrier. In such a case, the Seller is not responsible for loss, shortage, or damage to the Product occurring from the moment the Product is accepted for transport until it is delivered to the Client, nor for any delays in shipment.

  5. If the Product is shipped to the Client via a carrier, the non-Consumer Client is obliged to inspect the shipment in a timely manner and in accordance with standard practices for shipments of this type. If it is found that the Product was lost or damaged during transport, the Client is obliged to take all necessary actions to determine the carrier’s liability.

  6. The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without giving any reason by sending a termination notice to the non-Consumer Client.

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13. FINAL PROVISIONS

  1. Agreements concluded through the Store are governed by Polish law.

  2. In the event that any part of these Store Policy is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision.

  3. All disputes arising from Sales Agreements between the Store and Consumers shall first be attempted to be resolved through negotiations, with the intention of an amicable settlement. If this is not possible or satisfactory for either party, disputes shall be resolved by the competent common court, in accordance with Section 4 of these Policy.

  4. Judicial dispute resolution:

  1. Any disputes between the Service Provider and a Client who is also a Consumer shall be submitted to the courts competent under the provisions of the Polish Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).

  2. Any disputes between the Service Provider and a Client who is not a Consumer shall be submitted to the court competent for the Service Provider’s registered office.

   5. Consumers also have the right to use out-of-court methods of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request to initiate mediation or a request to have the case considered by an arbitration court (the request form is available at: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596.

 

     The Consumer may also use the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claim proceedings after the conclusion of the complaint procedure are free of charge.

   6. To amicably resolve a dispute, the Consumer may also submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.

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ANNEXES

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