Regulations

concerning & providing electronic services  - the Internet  Florist’s Shop Poczta Kwiatowa ®.

Contents

• Introductory information
• Placing an order
• Order processing
• General provisions
• Complaints
• Final provisions
• Attachments

Introductory information

1. The company Poczta Kwiatowa Sp. z o.o. (hereafter „Poczta Kwiatowa®”), 00-087 Warszawa, Corazziego 2, entered into the enterprise register by Sąd Rejonowy (District Court) for the capital city of Warsaw, in Warsaw, XII Wydział Gospodarczy Krajowego Rejestru Sądowego (Economic Department of the National Court Register), under the numer KRS 0000185818, NIP 525-21-46-705, REGON 016173969, seed capital: PLN 50 000, phone numer 22 828 95 95, e-mail: [email protected], is the owner of the internet florist’s shop www.pocztakwiatowa.pl (hereafter „Website”).
2. The object of the Poczta Kwiatowa® activities, among others, is sales and deliveries of flowers and presents (hereafter „Products” or „Items”).
3. Poczta Kwiatowa® operates on the territory of Poland, however, ordered Products can be delivered abroad according to Customer’s request when placing an order. Purchase agreement can be concluded in Polish hor English only. Flower deliveries on the territory of Poland are carried out by the network of partner florist’s shops of Poczta Kwiatowa®. Deliveries abroad are performed by the international network Interflora, whose member is Poczta Kwiatowa®. In both cases Poczta Kwiatowa® is the contracting party.
4. Deliveries of presents on the territory of Poland are performed by courier companies.
5. All the contens and materials on the website of the internet florist’s shop www.pocztakwiatowa.pl belong to Poczta Kwiatowa® or have been handed over by the Partners of Poczta Kwiatowa® and are protected in accordance with the provisions of the Act of February 4, 1994, on Copyright and Intellectual Property Right, Legal Journal (Dz. U. of 2006., No. 90, item 631 with later changes – j.t.)
6. All the Product prices on the website of the internet florist’s shop www.pocztakwiatowa.pl include VAT and are binding at the moment of placing an order.
7. 7. Poczta Kwiatowa Sp. z o.o. is the owner of the word and word-figurative trademark „poczta kwiatowa” on the basis of the testimony of registration at the Patent Office, numbers: 147477, 152674, 238685, 238686 and possesses the exclusive right to use the trademark in accordance with the Act of 30 June, 2000, on Industrial Property Right, Legal Journal (Dz. U. of 2003, No. 119, item 1117 with later changes – j.t.).
8. Registration on Website and placing an order can be performer only by a legal person or an organizational entity not possessing legal personality (but possessing legal capacity) and a physical person possessing full capacity for legal actions („Customer”). „Consumer” – according to Art. 22 of Civil Code – is a physical person who makes a purchase for non-business purposes.
9. A Customer can place orders for 7 (seven) days a week and 24 (twenty four) hours a day, via the website www.pocztakwiatowa.pl, excluding scheduled downtime from availability.

Placing an order

1. Poczta Kwiatowa® accepts orders for performing services via:
   1. website www.pocztakwiatowa.pl
   2. phone 22 828 95 95
   3. faks 22 828 95 96
   4. e-mail [email protected]
   5. on the whole territory of Poland at florist’s shops belonging to the network Poczta Kwiatowa®.
2. A Customer places and order, indicating a Product, which he/she intends to purchase, determining the quantity of the Item, and then adds it to the Shopping Cart. After selecting the Product and determining its quantity, the Customer provides the contact data of the person to receive flowers/present, and then he/she indicates the method of payment and confirms will to conclude purchase agreement by clicking on „Order and Pay” button. An order can be confirmed (by clicking „Order and Pay” button) during the time enabling its proper execution according to Terms and conditions of service.
3. On Customer’s request there is possibility to prepare and deliver alcoholic beverages. Products which are part of these compositions are being bought at reputable distributors only. Poczta Kwiatowa® won’t give composition containing alcoholic beverages to adolescents (under 18 years old) or people, who seem to be intoxicated.
4. After placing an order, Poczta Kwiatowa® sends to the email address, indicated by the Customer, confirmation of the order acceptance. Accepting an order means that Poczta Kwiatowa® makes an offer to conclude a purchase agreement with the Customer. Confirmation of an order means – according to Art. 66 § 1 of the Civil Code – a declaration made to Customer by Poczta Kwiatowa® of the intent to execute a contract (deemed as an offer). During the stage of defining an order Customer receives an information concerning the period in which Poczta Kwiatowa® is bounded by the offer. If Poczta Kwiatowa® offer is not accepted during that period, Poczta Kwiatowa® won’t be bounded by the offer anymore.
5. The purchase agreement is concluded between the Customer and Poczta Kwiatowa®:
   • for Consuments – for orders placed via website www.pocztakwiatowa.pl – in the moment of clicking „Order and Pay”. In the event of the lack of payment within period of time indicated in Terms and conditions of service Poczta Kwiatowa® offer will be canceled
   • for businessmen – for orders placed via e-mail, fax (if deferred payment was selected) – in the moment of confirmation of receiving VAT invoice.
   After concluding the purchase agreement Customer receives an email confirming concluding the purchase agreement.
6. The Customer is liable for providing true and appropiate data indispensible for completing an order. Poczta Kwiatowa® is liable for proper execution of the purchase agreement, especially for delivering Products without any defects. Products are delivered within time period selected by the Customer when placing an order.
7. Changes to the order (in the case of concluded purchase agreement, according to paragraph 5 above) can be notified by phone on 22 828 95 95 or by e-mail [email protected]. The changes can concern particularly: changes in the delivery address, changes in the content of card, changes in the delivery date and the recipient. Changes can be implemented after confirming possibility and contacting the Customer. Possible additional costs related to the changes are consulted with the Customer each time before implementing the changes.
8. Poczta Kwiatowa® completes all the Customer’s orders placed in accordance with the provisions of these regulations.
9. Selected products can be covered by promotion. Conditions and principles of taking advantage of promotion can differ from the conditions contained in these Regulations. In such a case, for a given order, the promotion conditions are binding. Promotions, discounts and rebates do not add up. All promotion campaigns do not have impact on orders that had been placed before the date the event entered into force.
10. The final stage of executing an order is sending to the recipient written delivery confirmation. Direct recipient’s oppinion is very important information confirming proper execution of an order.
11. In the case of incurring by Poczta Kwiatowa® costs related to processing the order which cannot be completed according to invalid data provided by the customer, the order will be considered executed. Another attempt to complete this order will require an extra fee, but not higher than real costs Poczta Kwiatowa® incurred. In case of lack of additional fee in the time enabling to proper execution of an order and/or lack of ability to contact the Customer, Poczta Kwiatowa® is not obliged to another attempt to complete the order.

Order processing

1. An order is processed after making the payment or meeting requirements concerning selected payment method.
2. The detailed list of accepted payment methods can be found in avaiable payment methods.
3. Detailed rules of Products (flowers, presents or flowers with presents) delivery are defined in Terms and conditions.
4. In case of inability to execute an order according to lack of certain Products, Poczta Kwiatowa® enables the Customer to replace these Products with other Products with equal value and quality according to The policy of replacing the Product.
5. The Customer, ordering presents containing alcoholic beverages and/or tobacco products, states that he/she is adult and orders these Products for an adult person.
6. Acceptance of delivered flowers/presents is confirmed by the recipient with his/her own handwritten signature on the delivery confirmation form.
7. If a courier didn’t find the recipient at the indicated address (despite delivery attempt) or if the address was incorrect or if the recipient refused to accept the parcel or if for other reasons, for which the person responsible for is the Customer or the recipient, the parcel returns to the premises of the company. In such cases Poczta Kwiatowa® is not liable for out-of date completion of the order.

General provisions

1. Poczta Kwiatowa® guarantees freshness of cut flowers for three days from the moment of delivery to the recipient if they are looked after in a proper way (learn how to keep your flowers fresh and alive longer – www.pocztakwiatowa.pl/pielegnacja-kwiatow).
2. Poczta Kwiatowa® is obliged to provide Customers with information about offered Products.
3. Accessibility of Poczta Kwiatowa® Customer Service depends on the office’s working hours.
4. Poczta Kwiatowa®, when processing an order, is liable up to the value of an order.
5. Poczta Kwiatowa® will make a refund within 14 (fourteen) days after establishing refund details. Poczta Kwiatowa® is liable for term refund for an uncompleted order, unless the delay is caused by the circumstances Poczta Kwiatowa® is not responsible for.
6. The above provisions from paragraphs 4-5 do not concern Consuments. In these cases generally applicable law, especially Civil Code, is being applied.

Complaints

1. Poczta Kwiatowa® is liable to the Customer for the inconsistency of the Product purchased by the Customer with the purchase agreement to the extent defined by the Act of 23 April 1964 – Civil Code (Dz.U. of 2014, item 121 with later changes).
2. In order to improve complaint procedure, it is highly recommended to send to Poczta Kwiatowa® photo of the product complained about along with the complaint description.
3. A complaint can be placed by phone, fax, e-mail or in person at the seat of the company.
   Phone: 22 828 95 95
   Fax: 22 828 95 96
   E-mail: [email protected]
   Premises: Poczta Kwiatowa Sp. z o.o., Corazziego 2, 00-087 Warszawa
4. Complaints concerning flowers are considered within 1 (one) working day from the date of its filing for parcels delivered on the territory of Poland and within 3 (three) working days in the case of orders for flowers delivery abroad. If processing a compleint requires a longer time, these periods can be extended up to 14 (fourteen) days.
5. Complaints concerning presents are considered within 7 (seven) working days from the date of its filing for parcels delivered on the territory of Poland and within 14 (fourteen) working days in the case of orders for presents delivery abroad. If processing a complaint requires a longer time, these periods can be extended up to 30 (thirty) days.
6. Complaints concerning freshness of flowers or flowers’ consistency with the order are to be filed within 3 (three) days from the delivery date. It is highly recommended to send to Poczta Kwiatowa® a photo of the Product complained about. After three days complaints shall not be considered.
7. All the other remarks concerning processing an order can be submitted within 14 (fourteen) days from the date of delivery execution.
8. After filing a complaint Poczta Kwiatowa® will analyze it and propose a possible solution.
9. In order to avoid doubts, Poczta Kwiatowa® states that no provision of this Regulations limits the Customer’s, who is the Consumer, rights following from the binding provisions of generally applicable law. In each case, the binding provisions of generally applicable law have priority, particularly the provisions of the Civil Code and the Act of 30 May 2014 concerning Consumer’s rights (Dz. U. of 2014, item 827).
10. If above provisions from paragraphs 2-8 are less favorable for the Consument than provisions of generally applicable law, especially with reference to terms of processing a complaint, provisions of generally applicable law have priority, particularly the provisions of the Civil Code.
11. Filing a complaint is not necessary to seeking redress through the courts.
12. When processing a complaint and seeking redress, the Consumer has a possibility to use out-of-court settlement schemes according to the rules set on the website www.uokik.gov.pl.
13. The Consumer can exercise the right to withdrawal from the agreement according to attachment no 5 below.

Final provisions

1. The VAT invoise is issued for every order.
2. Poczta Kwiatowa® - the owner of the internet florist’s shop www.pocztakwiatowa.pl, ensures protection of all the personal data which were received in order to proces the order in accordance with the provisions of generally applicable law (the Act of 29 August 1997 on personal data protection, along with later changes). Specific rules are determined in Privacy Policy.
3. Services supplied electronically by Poczta Kwiatowa®, including registration, creating an account and placing an order via internet florist’s shop www.pocztakwiatowa.pl are handled in compliance with the Act of 18 July 2002 on rendering services electronically, Law Journal (Dz. U. No. 144, item 1204, along with later changes). In that regard, these Regulations are the document referred in the article 8, passus 2 of the Act.
4. Poczta Kwiatowa® reserves the right to change the Regulations a tany time. The change to Regulations brings about consequences in the future in relations to new orders, not to purchase agreements concluded before.
5. Poczta Kwiatowa® takes responsibility in the area of its technical infrastructure for dispatching e-mail messages to the e-mail address indicated by the Customer.
6. Minimum technical requirements for cooperation with Poczta Kwiatowa® IT system are the following: browser Internet Explorer 7 or the upgraded one, browser Firefox 7 or the upgraded one, browser Chrome 8 or the upgraded one, browser Opera 10 or the upgraded one, browser Safari 5 or the upgraded one. For proper performance, cookies need to be turned on in the browser and Javascript.
7. Providing illegal contens by the Customer, including placing tchem on Poczta Kwiatowa® website, is forbidden. Poczta Kwiatowa® reserves the right to remove such contents.
8. These Regulations take effect from 4 January 2016.

Attachments

1. Terms and conditions of service
2. Privacy policy
3. The policy of replacing the product
4. Right to withdrawal from purchase agreement
5. Information and statement on withdrawal from purchase agreement