Shop rules

Table of Contents:

1. General Provisions.
2. Types of electronic services in an online store
3. Terms and conditions for the provision of sales contracts
4. Payment methods of the presented products
5. Cost, collection and delivery options and deadlines
6. Product claim notification
7. Final regulations

1. General provisions.

1.1. The online store https://giftbar.flowers/ is operated by GiftBar company with its registered office in Warsaw at: ul. 95/99 Solidarności Avenue, LU5, 00-144, Warsaw. E-mail address: [email protected], no. phone: +48 799 843 723.

1.2. The administrator of the personal data processed within the framework of this online store is GiftBar sp. z o.o. Personal data are processed in accordance with the privacy policy published on the site, for the purposes, period and on the grounds indicated therein. The Privacy Policy contains important information regarding the Administrator’s processing of personal data in the online store, including the purposes, grounds and period of processing of personal data, as well as the rights of data subjects, and detailed information on the use of cookies and analytical tools. Use of the online store, including placing orders, is voluntary. Provision of personal data by the customer or client of the online store is also voluntary, subject to the situations described in the privacy policy (e.g., conclusion of contracts and fulfillment of legal obligations).

1.3 Definitions:

1.3.1. CONTACT FORM – a form available on the website for the Service Recipient – quick contact by phone contact, online messengers, email address.

1.3.2. ORDER FORM – is an electronic service that can be used on the website of the Online Store. It allows you to place an Order by providing an interactive form where you can specify the details of the recipient and sender. In addition, it allows you to add selected Products to a virtual shopping cart and set key terms of the Sales Agreement, such as preferred delivery method and payment.

1.3.3. CUSTOMER – a customer may be: (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which a law grants legal capacity – and who has concluded or intends to conclude a Sales Agreement with the Seller. In the situation of the sale of Products that are alcoholic beverages, the Customer may only be an individual who is at least 18 years old.

1.3.4. PRODUCT – a movable item available in the Online Store, being the subject of a Sales Agreement concluded between the Customer and the Seller. This includes, but is not limited to: flower bouquets (including cut flowers, bouquets, garlands, flower baskets, flower box), balloon sets (latex balloons and foil balloons), gifts, corporate packaging, corporate bags, candy.

1.3.5. CIVIL CODE – the Civil Code Act of April 23, 1964. (Journal of Laws 1964 No. 16, item 93 as amended).

1.3.6. REGULATIONS – these regulations of the Online Store.

1.3.7. INTERNET STORE – an online store, hereinafter referred to as the “Store”, is an electronic platform provided by the Service Provider at the Internet address: https://giftbar.flowers/. The Store allows customers to make purchases online, including entering into Sales Agreements for the Products offered therein. The Store operates under the terms and conditions set forth in the Terms and Conditions, available on the Store’s home page. The service provider reserves the right to make changes to the functionality of the Store and the products offered therein, as well as to suspend or discontinue the provision of services in the Store, subject to the provisions of the Regulations. The use of the Store is voluntary, and the Customer is obliged to comply with the terms and conditions set forth in the Regulations and applicable laws when placing orders.

1.3.8. SERVICE PROVIDER/SELLER – GiftBar sp. z o.o., with registered office and address for service: 95/99 Solidarności Avenue, LU5, 00-144, Warsaw, entered in the register of entrepreneurs under KRS number: 0001045401, NIP: 5252962942, REGON: 525759951, e-mail address: [email protected], contact number: +48 799 843 723.

1.3.9. ELECTRONIC SERVICE – Electronic Service is provided by the Service Provider to the Customer through the Online Store. This includes all activities undertaken by the Service Provider in the course of its business by means of telecommunication systems at a distance, enabling the transmission of data at the individual request of the Service Recipient, without the simultaneous presence of the parties, which means that the Service is performed electronically.

The Electronic Service includes, in particular:

1.3.9.1. Provision of the Online Store, enabling the Customer to browse the offer and place orders for Products.

1.3.9.2. Customer account maintenance, including data management, order history and preferences.

1.3.9.3. Informing the Customer about news, promotions and other events related to the Store’s offer.

1.3.9.4. Provide tools to contact the Service Provider for information or technical support regarding the use of the Store.

The Electronic Service is provided in accordance with applicable laws and the rules set forth in the Terms and Conditions of the Online Store. The Customer is obliged to comply with the terms and conditions of the Electronic Service, as well as to comply with the rules of security and protection of personal data when using the Store.

1.3.10. SALE AGREEMENT – constitutes a contract concluded or entered into between the Customer and the Seller through the Online Store. This is a legal act under which the Seller undertakes to transfer ownership of the Product to the Customer, and the Customer undertakes to pay the agreed price. The Sales Contract includes detailed terms of the transaction, such as the description of the Product, its quantity, price, method of payment, delivery date and other essential elements agreed by the Parties to the contract.

The terms and conditions of the Sales Agreement are described in detail in the Terms and Conditions of the Online Store and are an integral part of the Agreement. When concluding a Sales Contract, the Customer is obliged to carefully read the terms and conditions of the offer and the Store Regulations. Conclusion of the Sales Agreement is tantamount to acceptance of these conditions.

Upon conclusion of the Sales Agreement, the Customer and the Seller are obliged to faithfully perform the agreed terms. In the event of any disputes or ambiguities, both Parties are obligated to work toward resolving them in a spirit of cooperation and compliance with applicable laws. The Sales Agreement applies to each transaction made by the Online Store.

1.3.11. ORDER – constitutes a declaration of will of the Customer, submitted using the Order Form available on the Online Store. It is intended to directly conclude a Sales Contract for a given Product with the Seller. By placing an order, the customer expresses a desire to purchase a specific product under the terms and conditions specified in the description of the product in question and the Regulations of the Online Store.

The order includes key transaction information, such as:

1.3.11.1. Identification of the Customer – including contact information and information necessary for the proper processing of the order.

1.3.11.2. Product specifications – description, quantity, unit price, order/product color selection and total value.

1.3.11.3. Choosing the form of payment and delivery – determining the preferred method of payment settlement and delivery of the Product.

The order is placed in a manner that is binding on the Customer. After placing an Order, the Customer receives a confirmation of acceptance of the order in the form of an email and sms message containing relevant information about the transaction. This is at the same time a confirmation of the conclusion of the Sales Agreement between the Customer and the Seller.

In case of any changes or deviations from the terms of the Sales Agreement, the Customer has the opportunity to consult the Seller to clarify or agree on the details. Placing an Order is tantamount to accepting the terms of the Sales Agreement and the Terms and Conditions of the Online Store. In case of doubt or need for additional information, the customer has the right to contact the Store’s Customer Service.

1.3.12. SERVICER -(1) A natural person who has full legal capacity, as well as in exceptional cases, provided by generally applicable laws, a natural person with limited legal capacity; (2) A legal person; (3) An organizational unit that does not have legal personality, but to which the law grants legal capacity.

A Customer is an entity that uses or intends to use an Electronic Service offered by the Service Provider. As a Customer, you are obliged to comply with the terms and conditions of the Electronic Service, in accordance with the Regulations of the Online Store and applicable laws.

If the Customer is an individual with limited legal capacity, he/she is entitled to use the Electronic Service only to the extent consistent with his/her legal capacity and with the consent of his/her legal guardian. In doubtful situations regarding the rights or obligations of the Service Recipient, it is recommended to consult the legal guardian or legal specialist.

1.3.13. CONSUMER RIGHTS ACT – Law of May 30, 2014. On consumer rights (Journal of Laws 2014 item 827 as amended).

1.3.14. NEWSLETTER – Electronic Service provided by the Service Provider, which allows Service Recipients to automatically receive, via e-mail, cyclical content of successive editions of the newsletter. It includes information on Products, news and promotions available in the Online Store.

Use of the Newsletter is voluntary and requires the Service Recipient’s express consent to receive such content. The customer also has the option to unsubscribe at any time, which means to stop receiving future editions of the newsletter.

It is important that the Newsletter respects the applicable laws, including, in particular, laws on the protection of personal data and the transmission of commercial information. The Newsletter is an effective communication tool that allows the Service Provider to provide valuable information about the offer of the Online Store, but it also requires privacy concerns and the express consent of the Service Recipients.

2. Types of electronic services in the online store

2.1 A variety of Electronic Services are available on the Online Store, which enable the use of the offer and functionality of the platform. These include, among others: Order Form, Contact and Newsletter.

2.2. Order Form – The process of placing an Order begins with entering the page of a specific Product on the Online Store. Placing an Order consists of two key steps: filling out the Order Form and confirming the purchase by clicking the “Confirm” box on the Online Store website. During this time, the customer has the opportunity to modify the entered data independently. The Order Form requires information about the Customer, including name and surname or company name, address, e-mail address, contact telephone number, as well as data related to the Sales Contract and delivery of the Product.

2.1.2.1. The Order Form Electronic Service is free of charge, has a one-time nature and ends when the Order is placed or when the Customer abandons the Order process earlier.

2.1.3. Newsletter – In order to use the Newsletter, the Customer must provide an e-mail address in the “Newsletter” section of the Online Store website and click the box to send it. The Customer may also subscribe to the Newsletter by checking the appropriate box when creating an Account or placing an Order. After registering an Account and placing an Order, the Customer will be automatically subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided without charge and has no limited term of provision. At any time, for a legitimate reason or without stating a reason, the Customer may unsubscribe from the Newsletter by sending an appropriate request to the Service Provider, in particular to: [email protected].

2.2. In order to use the Electronic Services, it is necessary to meet certain technical requirements. The service recipient must have a computer, laptop or other multimedia device with Internet access, have an active e-mail account, and use a web browser in the current version. In addition, you must enable cookies and Javascript in your browser.

2.3. The customer is obliged to use the Online Store in accordance with applicable laws and moral standards. Respect the copyrights, intellectual property and personal rights of the Service Provider and other third parties. In addition, any content provided must comply with the law.

3. Terms and conditions for the provision of sales contracts

3.1. The conclusion of the Sales Agreement between the Customer and the Seller is made after the Customer places an order using the Order Form available on the Online Store.

3.2. The Product price, shown on the website of the Online Store, is expressed in Polish zloty and includes all applicable taxes. The total amount, including the price of the Product including taxes, which is the subject of the Order, including delivery costs (including transportation, delivery charges), and other costs, if any, if their amount cannot be clearly determined, is communicated to the Customer at the stage of placing the Order. In addition, the customer is informed of the obligation to pay these fees at the time he expresses his willingness to be bound by the Sales Agreement.

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form is as follows:

3.3.1. The Contract of Sale between the Customer and the Seller is concluded after the Customer places an Order on the Online Store, in accordance with the provisions.

3.3.2. Once the Order is placed, the Seller immediately sends confirmation of its receipt.

3.3.3. Corrections in the content of the Order (e.g. change of dedication) can be made until the Product is shipped to the Customer (start of the delivery process).

3.4. In addition, the content of the Sales Agreement is also recorded and secured in the IT system of the Online Store, which further guarantees the integrity of the document.

4. Methods of payment of the presented products

4.1. The Seller allows the Customer to use various payment methods under the Sales Agreement:

4.1.1. Payment by bank transfer to the Seller’s bank account.

4.1.2. Electronic payments and payment card payments are made through services: Przelewy 24, Stripe, PayU, PayPal.

4.1.2.1. Transactions made by electronic payment and payment card are processed according to the customer’s choice.

4.2. Payment term:

4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

5. Cost, collection and delivery options and deadlines

5.1. Delivery of the Product is possible on the territory of Warsaw and the nearest cities.

5.2. The first attempt to deliver the Product is paid in advance. For other Products, collection is possible at the address:

📍Street. 95/99 Solidarności Avenue, LU5, 00-144, Warsaw.

📍Street. Konstruktorska 8, 02-673, Warsaw.

5.4. Deliveries are made from Monday to Sunday, excluding public holidays.

5.4.1. The product is delivered on the date indicated by the Customer in the calendar available when placing the Order.

5.4.2. Deliveries are made daily from 06:00 to 22:00. The customer, when making a purchase, selects the preferred hourly range for delivery, however, on weekdays, the delivery hour may change by about 2 hours (e.g. traffic jams) of which the customer will be informed before placing an order or delivery.

5.4.3. On selected days, such as January 21 (Grandmother’s Day), February 14 (Valentine’s Day), March 8 (Women’s Day) and May 26 (Mother’s Day), the Seller does not guarantee delivery of the goods at the exact time indicated, however, the customer is informed of this before placing the order.

6. Product claim notification

6.1. The Seller provides a guarantee of freshness for a period of 2 days from the date of delivery for Products that are flower shipments, provided that they are properly cared for. In the case of a warranty-based claim, the Customer must report the defect in the Product to the Seller within 2 days of receipt. It is recommended that the customer provide photographic documentation of the claimed flowers via email.

6.2. The Customer’s rights under the freshness guarantee do not limit or exclude its right to make a complaint based on warranty.

6.3. The Seller’s liability for physical or legal defects of the Product (warranty) is regulated by the provisions of generally applicable law, in particular the Civil Code (Articles 556-576 of the Civil Code).

6.4. The Seller is obliged to provide the Customer with a Product free of defects.

6.5. The customer has the option of submitting a complaint electronically via e-mail to: [email protected].

6.6. In the description of the customer’s complaint, it is recommended to include:

• information regarding the Product defect, in particular the type and date of its occurrence;
• Demand a way to bring the Product into conformity with the Sales Agreement, a statement of price reduction or withdrawal from the Sales Agreement;
• Contact details of the customer making the complaint. This will make it easier and faster for the Seller to process complaints. These guidelines are recommendations only and do not affect the effectiveness of complaints made without them.

6.7. The Seller will consider 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 requests the replacement of an item or repair of a defect, or specifies the amount of price reduction, and the Seller does not respond to this request within 14 calendar days, this constitutes acceptance by the Customer.

6.8. The customer making a claim under the warranty is obliged to deliver the defective Product to the address: ul. 95/99 Solidarności Avenue, LU5, Warsaw. In the case of a Customer who is a consumer, the cost of delivery of the defective Product shall be borne by the Seller. If, due to the nature of the Product or the manner of its installation, 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 it is located.

6.9. According to Art. 558 § 1 of the Civil Code, the Seller’s liability under the Product warranty to the Customer who is not a consumer is excluded.

Model withdrawal form:

I hereby give notice of withdrawal from the contract, the subject of which is:

Order number:

Date of agreement:

Customer name:

Customer address:

Please return the amount paid to bank account no:

Date:

Caption:

7. Final provisions

7.1. Contracts concluded through the Internet Store are drawn up in the Polish language.

7.2. Amendment of the Regulations:

7.2.1. The service provider reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in legislation, or changes in payment and delivery methods, as long as these changes affect the implementation of the provisions of these Terms and Conditions.

7.2.2. In the case of conclusion of contracts of a nature other than continuous contracts under these Regulations (e.g. Sales Contract), the amendments to the Regulations do not affect the rights acquired by Service Recipients/Customers before the effective date of the amendments to the Regulations. In other words, changes to the Terms and Conditions will not affect Orders already placed, Sales Agreements in process or already executed.

7.3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular the Civil Code, the Act on Provision of Electronic Services of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended), the Consumer Rights Act and other relevant provisions of generally applicable law.

7.4. These Terms and Conditions do not exclude the laws of the country in which the consumer having a contract with the Service Provider/Seller has his/her habitual residence, and which cannot be excluded by contract. The Service Provider/Seller undertakes to provide the consumer with the protection of these non-transferable legal provisions.