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Regulamin i polityka prywatności

§1 Preliminary provisions

Terms and Privacy Policy
  1. The entity operating the online store at www.floway.floway.store, is Floway SIA with its registered office at Briežu tänav 25 - 2, Lapsas, Babītes parish, Mārupes maakond, LV-2107, NIP: 50203539151, Regon: 0000000, hereinafter referred to as the "Company".
  2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the rules and procedure for concluding Distance Sales Agreements with the Customer via the Store.

§ 2 Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  2. Seller – Floway SIA with its registered office at Briežu tänav 25 - 2, Lapsas, Babītes parish, Mārupes maakond, LV-2107
  3. Customer – any entity making purchases via the Store.
  4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to which a separate act grants legal capacity, conducting business activity on their own behalf, who uses the Store.
  5. Store – the online store operated by the Seller at www.kupbukiet.pl
  6. Distance contract – a contract concluded with the Customer within an organized system for concluding distance contracts (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 time of concluding the contract.
  7. Terms and Conditions – these Store Terms and Conditions.
  8. Order– the Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
  9. Account – the Customer's account in the Store, where the data provided by the Customer and information about Orders placed by them in the Store are collected.
  10. Registration form – a form available in the Store, enabling the creation of an Account.
  11. Order form – an interactive form available in the Store enabling the placement of 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. Cart – a part of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the online Store. The Sales Agreement is also understood – depending on the features of the Product – as a contract for the provision of services and a contract for specific work.

§ 3 Contact with the Store

  1. Seller's address: Floway SIA with its registered office at Briežu tänav 25 - 2, Lapsas, Babītes parish, Mārupes maakond, LV-2107
  2. Seller's email address: merchant@ad360.com.pl
  3. The Customer may communicate with the Seller using the data contained in this paragraph.

§ 4 Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

  1. an end device with Internet access and a web browser
  2. an active email account,
  3. enabled cookies support,

§ 5 General information

  1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with § 6 of the Terms 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 zlotys and are gross prices (including VAT).
  1. The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery, and postal service fees), about which the Customer is informed on the Store's pages during the Order placement, including at the moment of expressing the will to be bound by the Sales Agreement.
  2. In the case of a contract covering a subscription or services for an indefinite period, the final (total) price is the total price including all payments for the settlement period.
  3. When the nature of the subject of the Agreement does not allow, reasonably assessing, for prior calculation of the final (total) price, information on how the price will be calculated, as well as on transport, delivery, postal service fees, and other costs, will be provided in the Store in the Product description.

§ 6 Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form.
  2. Creating an Account in the Store is free.
  3. Logging into the Account is done by providing the login and password established in the Registration Form.
  4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7 Order placement rules

To place an Order, you must:

  1. log in to the Store (optional);
  2. select the Product to be ordered and then click the "Add to cart" button (or equivalent);
  3. log in or use the option to place an Order without registration;
  4. if the option to place an Order without registration was chosen – fill in the Order Form by entering the recipient's data and the address for delivery of the Product, select the type of shipment (delivery method), enter invoice data if different from the recipient's data,
  5. click the "Order and pay" button
  6. choose one of the available payment methods and, depending on the method, pay for the order within the specified period, subject to § 8 point 3.

§ 8 Offered delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
  1. Courier shipment; cash on delivery courier shipment,
  2. Collection from a flower vending machine,
  3. The Customer may use the following payment methods:
  1. Electronic payments Przelewy24
  2. Payment by transfer to the Seller's account

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's pages.

§ 9 Performance of the sales agreement

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the online Store in accordance with § 7 of the Terms.
  2. After placing the Order, 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 takes place by sending the Customer an appropriate e-mail to the e-mail address provided during the Order placement, which contains at least the Seller's statements about receiving the Order and accepting it for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
  3. The delivery time for products with collection from a flower vending machine is immediate - after the payment is credited, the user receives a code to open the box in the vending machine via email or SMS.
  4. The maximum collection time for products with collection from a flower vending machine is given on the product page and in the order summary. After this time, the order will be canceled and the payment will be refunded in the amount of 80%terms. Czas odbioru jest liczony jest od momentu wydania kodu do otwarcia boksu.
  5. The delivery time for products with another delivery method (courier, personal pickup) is a maximum of 10 business days, unless another delivery time is specified in the product description.
  6. In case the Customer chooses:
  1. payment by transfer, electronic payment or payment card, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
  2. cash on delivery payment upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
  3. The Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
  4. A In the case of ordering Products with different delivery times, the delivery time is the longest specified time.

B In the case of ordering Products with different delivery times, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

  1. The start of the delivery period of the Product to the Customer is counted as follows:
  1. If the Customer chooses payment by transfer or electronic payment, from the date the Seller's bank account is credited.
  2. If the Customer chooses cash on delivery – from the date of conclusion of the Sales Agreement,

c. In the case of ordering Products with different readiness dates for collection, the readiness date is the longest specified date.

7. In the case of ordering Products with different readiness dates for collection, the Customer may collect the Products in parts (according to their readiness for collection) or collect all Products after the entire order has been completed.

8. The start of the period of readiness of the Product for collection by the Customer is counted as follows:

  1. If the Customer chooses payment by transfer, electronic payment or payment card – from the date the Seller's bank account is credited

9. Product delivery takes place within (the European Union, Europe, etc)

10. Product delivery to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery and postal service fees) are indicated to the Customer on the online Store's pages in the "Delivery costs" tab and during the Order placement, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

11. Personal collection of the Product by the Customer is not possible.

§ 10 Right of withdrawal from the contract

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The returned goods must be in an unchanged condition, which means they must have original labels and must not show any signs of use.
  3. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by them other than the carrier.
  4. In the case of a contract covering multiple Products delivered separately, in batches or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch or part.
  5. In the case of a contract for the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 runs from taking possession of the first item.
  6. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send a statement before the deadline expires.
  7. The statement may be sent by traditional mail, the Seller's contact details are specified in § 3.
  8. Effects of withdrawal from the Agreement:
  1. In the event of withdrawal from a distance contract, the contract is considered not concluded.
  2. In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal, return all payments made by the Consumer, including the costs of delivering the goods, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
  3. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for them.
  4. The Seller may withhold the refund until the Product is received back.
  5. The Consumer should return the Product to the Seller's address provided in these Terms immediately, no later than 14 days from the day on which they informed the Seller of the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period expires.
  6. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by ordinary mail.
  7. The Consumer is only liable for any diminished value of the Product resulting from using it in a way other than what was necessary to establish the nature, characteristics, and functioning of the Product.

9. If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this and the costs of returning the Product will be included in the Product description in the Store.

§ 11 Complaints and warranty

  1. The Sales Agreement covers new Products.
  2. If a defect occurs in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions in the Civil Code.
  3. If a defect occurs in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
  4. The complaint should be submitted in writing to the Seller's addresses: Floway SIA, Briežu tänav 25 - 2, Lapsas, Babītes parish, Mārupes maakond, LV-2107 and attached to the package within 14 days from the date of taking possession of the goods.
  5. It is recommended that the complaint includes, among others, a concise description of the defect, the circumstances (including the date) of its occurrence, and the Customer's details.
  6. The Seller will respond to the complaint request immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Customer's request was justified.
  7. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Terms.

§ 12 Out-of-court complaint and redress procedures

  1. Detailed information on the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The Consumer has the following exemplary possibilities to use out-of-court complaint and redress procedures:
  1. The Consumer is entitled to apply to a permanent amicable consumer court, as referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  2. The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller.
  3. The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumers Association).

§ 13 Personal data in the online Store

  1. The administrator of Customers' personal data collected via the online Store is Floway SIA with its registered office at Briežu tänav 25 - 2, Lapsas, Babītes parish, Mārupes maakond, LV-2107.
  2. Customers' personal data collected by the administrator via the online Store are collected for the purpose of executing the Sales Agreement, and if the Customer consents – also for marketing purposes.
  3. Recipients of Customers' personal data from the online Store may be:
  1. If the Customer uses postal or courier delivery in the online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary handling shipments on behalf of the Administrator.
  2. If the Customer uses electronic payment or payment card in the online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the online Store.

4. The Customer has the right to access and correct their data.

5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Terms necessary to conclude the Sales Agreement will result in the inability to conclude this agreement.

§ 14 Final provisions

1. Agreements concluded via the online Store are concluded in Polish.

2. The Seller reserves the right to amend the Terms for important reasons, i.e.: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms. The Seller will inform the Customer of each change at least 7 days in advance.

3. In matters not regulated by these Terms, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; the Personal Data Protection Act.

4. The Customer has the right to use out-of-court complaint and redress procedures. For this purpose, they may submit a complaint via the EU ODR online platform available at:http://ec.europa.eu/consumers/odr/.