Terms & Conditions of Rendering Electronic Services by www.ArtificialFlowers.eu to the benefit of the entrepreneurs

Definitions

1. Terms & Conditions is these Terms & Conditions of rendering Services by electronic means within an area of the www.ArtificialFlowers.eu Internet domain, which determines the conditions of rendering the Services by the Seller through www.artificialflowers.eu web site to the benefit of the Customers.
2. Customer is an entity that concludes the Contract related to conducted by him/her an economic or professional activity with the Seller, under a condition of having full capacity to perform acts in law, or limited capacity to perform acts in law in the cases regulated by the generally applicable law provisions or being a legal person or an organisational unit.
3. Seller is Wojciech Gęsina who conducts his economic activity as the Firma Handlowa Faktor B. and W. Gęsina, Gęsina Wojciech, 35 Fortuny Street, 01-339 Warsaw, Poland registered in the Central Registration and Information on Economic Activity (CEIDG), Tax Identification Number (NIP) (VAT): PL5270101239 and National Business Registry Number (REGON): 015893325, which is the service provider, administrator and owner of the Shop.
4. Shop is an on-line shop conducted by the Seller in English through the web site (World Wide Web) available in the Internet under the URL address: www.artificialflowers.eu. The Shop renders the Services to the benefit of the Customers, in that Selling.
5. Showroom is a showroom of traditional sales and a warehouse of the Seller, localised at the following address: 13 Piorunów Street, 05-870 Błonie, Poland.
6. Service is the service rendered by the Seller to the benefit of the Customer, on the basis of the Contract concluded between the parties through the intermediary of the Shop, within a frame of the organised system of concluding distance contracts, without a physical presence of both parties.
7. Cart is a functionality of the Shop, which enables to complete the orders of the Products by the Customer. Adding a Product to a list of Products covered by the order takes place by using a “Add to the Cart” button, which is next to the Product in the area of the Shop web site.
8. Sales is a Service consisting in selling the Products realised by the Seller to the benefit of the Customer without simultaneous presence of the parties (at a distance), by transferring data upon the individual request of the Customer, submitted and received by means of the devices for electronic processing, including a digital compression, and storing data, which is entirely provided, received or transmitted by means of the ICT network.
9. Contract is the contract on rendering the Service to the benefit of the Customer by the Seller.
10. Seller’s Contact Data is the data of the Seller, using which the Customer can contact with it, i.e. Firma Handlowa Faktor B. and W. Gęsina, Gęsina Wojciech, 35 Fortuny Street, 01-339 Warsaw, Poland, phone number: ++48 22 665 88 88, +48 667 858 887, e-mail: info@faktor.pl.
11. Customer’s Contact Data is the data of the Customer, using which the Seller can contact with the Customer, including address, e-mail address and phone number.
12. Customer’s account is a panel that manages the orders, available in the Shop area, under a condition of providing a Registration and Signing in.
13. Registration is a creation of the Customer’s Account by the Customer, by means of a registration form of the Shop, which is available on its web site.
14. Publication is an article or a note posted by the Seller in the area of the Shop, related to the rendered Services or containing information in respect of the conducted economic activity.
15. Programme is a promotional action provided by the Seller, which consists in awarding Points, which entitle to receiving discounts for purchasing the Products.
16. Point is a unit awarded within the frames of the conducted Programme, on the basis of which a discount amount vested in the Customer is determined.
17. Product is an item presented in the area of the Shop by the Seller in order to Sell it.
18. Delivering consists in servicing the Products to the Customer to a destination specified by the Customer, through the intermediary of the Carrier.
19. Carrier is an entity, which is the carrier that realises the activities consisting in Servicing the Products in a cooperation with the Seller.
20. Working Days are the days from Monday until Friday, excluding official days off.

§1 General Contractual Provisions

1. The Seller establishes the Terms & Conditions, which are made available under the Shop URL address, worded as follows: www.artificialflowers.eu/terms-and-conditions.
2. The Seller renders the Services pursuant to the Terms & Conditions and generally applicable law provisions.
3. The Customers can at any time get an access to the Terms & Conditions, record, obtain and reproduce them by printing or saving them on the data storage medium.
4. The information given on the Shop web site does not constitute an offer of the Seller in the meaning of the provisions of the Civil Code, and only an invitation to make offers in respect of concluding the Sales Contract.
5. Rendering all Services is provided through the intermediary of the Shop web site within 24/7.

§2 Terms of Use and Registering

1. In order to use the Shop, it is necessary for the Customer to have at the disposal an ICT device with an access to the Internet, a correctly configured web browser in the latest upgraded or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Safari or Opera, as well as an active and correctly configured e-mail account.
2. Using the Shop take place by familiarizing with its content.
3. Managing the Customer’s orders takes place through the intermediary of the Customer’s Account. Using the Customer’s Account is possible after its creation, entering a proper e-mail address and password. In order to use the Customer’s Account, it is required to sign in while using the above-mentioned e-mail address and password.
4. The creation of the Customer’s Account takes place by a voluntary Registration, which consists in fulfilling and sending the registration form of the Seller, that is available in the area of the Shop web site.
5. Filling in of the registration form consists in completing all mandatory or possibly optional fields of the form, while using the true, complete, and related to the Customer data, and in particular the Customer’s Contact Data.
6. Prior to submitting the registration form, the Customer should declare that he/she has read and understood the Terms & Conditions, and accepts their provisions by ticking its proper field.
7. Prior to submitting the registration form, the Customer may voluntarily declare that he/she grants a consent for processing his/her personal data provided in the registration form for the marketing purposes by the Seller.
8. The declaration mentioned in the above paragraph, includes a confirmation given by the Customer that he/she has been informed about a wording of the provision: the indicated marketing purposes can include in particular submitting the commercial information with the intermediary of the Customer’s Contact Data by the Seller. The above-mentioned consent may be withdrawn at any time, and the Customer is entitled to a right in respect of getting an access to his/her personal data and amending it.
9. Submitting the registration form consist in its sending to the Seller though the intermediary of the Shop, while using its proper functionality that can be found within the registration form area.

§3 Rendering Free-of-Charge Services

1. The Seller renders the following free-of-charge Services to the benefit of the Customers:
   1. making available the contact functionalities,
   2. making available a search engine of the Products,
   3. making available an order form,
   4. making available a map,
   5. entering an opinion about the Product or the Publication,
   6. recommending a Product or a Publication,
   7. adding a Product to a list,
   8. sending Newsletters,
   9. maintaining the Customer’s Account.
2. The Contract on rendering the Service of making available the contact functionalities is concluded for a definite period of time upon beginning to use the concerned contact functionality and is dissolved upon using it or omitting to perform this act by the Customer. A subject of this Contract is making available the functionalities, which is on the Shop web site, in order to contact with the Seller:
   1. The “Suggestions” contact form, which enables to submit a text message to the Seller or its representative.
   2. The “Call us with Skype” button, which enables to make an audio and visual connection with the Seller or its representative, through the intermediary of the Skype application. Using the Service may require possessing the appropriate input or output devices, which allow for transmitting and receiving sound or image.
   3. The “Write to us on Gadu-Gadu” button, which enables to make a text chat connection with the Seller or its representative, through the intermediary of the Gadu-Gadu instant messenger.
3. The Contract on rendering the Service of making available a search engine is concluded for a definite period of time upon beginning to use the search engine field and is dissolved upon using it or omitting to perform this act by the Customer. A subject of this Contract is making available a window of the search engine in order to search the Products in the Shop, while using the available search criteria. Additionally, the Customer may review the Products using a function of sorting, breakdown into the categories or using the so-called tags.
4. The Contract on rendering the Service of making available the contact form is concluded for a definite period of time upon beginning to use the contact form and is dissolved upon using it or omitting to perform this act by the Customer. A subject of this Contract is making available the contact form, which is on the Shop web site, in order to send an order to the Seller
5. The Contract on rendering the Service of making available a map is concluded for a definite period of time upon beginning to use the map window and is dissolved upon using it or omitting to perform this act by the Customer. A subject of this Contract is making available a window of the map application (https://google.pl/maps) in order to determine precisely a location. Additionally, the Customer has a possibility to display interactively an inside part of the brick and mortar wholesale of the Shop (so called virtual tour).
6. The Contract on rendering the Service of entering an opinion is concluded for a definite period of time upon beginning to use a form for entering the opinion and is dissolved upon using it or omitting to perform this act by the Customer. A subject of this Contract is making available the form of entering the opinion about a Product or a Publication in order to enter it. The Contract forbids to post by the Customer the content of illegal nature that infringes the accepted principles of morality, violates the interests of the Seller or the provisions of these Terms & Conditions and considers an entitlement of the Seller to moderate the entered opinions, in the case when they infringe the provisions of these Terms & Conditions. Additionally, within a frame of the opinion, the Customer may assign a rank from 1 up to 5 “stars” to the product or the Publication.
7. The Contract on rendering the Service of recommending a Product or a Publication is concluded for a definite period of time upon beginning to use the buttons for recommending the Product or the Publication and is dissolved upon using it or omitting to perform this act by the Customer. A subject of this Contract is making available the functionalities that enable to send a message about the Product or the Publication to the third parties through the intermediary of the following social media service: Facebook (https://facebook.com) or Google Plus (https://plus.google.com). Using this Service requires to have a user account in the concerned social media service and to sign in while using the authorisations proper for the given service.
8. The Contract on adding a Product to a list is concluded for a definite period of time upon beginning to use an option of adding the Product to the list and is dissolved upon using it or omitting to perform this act by the Customer. In order to conclude the Contract, it is required to sign in to the Customer’s Account. A scope of this Contract includes making available of an option of a so called adding the Product to the list, i.e. temporary saving the product on the Product list related to the Customer’s Account.
9. The Contract on sending a Newsletter is concluded for an indefinite period of time upon receiving by the Customer a confirmation of concluding the Contract on rendering the Newsletter Service sent by the Seller to the Customer’s e-mail address. The order of the Service takes place by using by the Customer a proper field of the Newsletter activation in the area of the Customer’s Account on the Shop web site. A subject of this Contract is the service rendered by the Seller to the benefit of the Customer, which consists in sending the messages to the e-mail address or via SMS messages related to the Products or Services rendered by the Seller. This Contract is dissolved upon cancelling a subscription by the Customer while using a deactivation function indicated in the area of the message that contains the Newsletter or put in the area of the administration panel of the Customer’s Account.
10. The Contract on rendering the Service of maintaining the Customer’s Account is concluded for an indefinite period of time upon a Registration of the Customer’s Account. A subject of this Contract is making available a panel for managing the Customer’s orders, which enables to use the following functionalities:
    1. defining many Delivery addresses,
    2. defining so called Product carts in order to save their configuration in the memory of the Customer’s Account within a period up to 90 days,
    3. creating lists of the products, that enable to use the Service mentioned in section 7 above,
    4. displaying the entered opinions mentioned in section 6 above,
    5. displaying an order history,
    6. displaying a status of the consignment,
    7. displaying a balance of the Points, awarded within a frame of the Programme mentioned in §6 of the Terms & Conditions,
    8. getting an access to the application programming interface (API).
11. The Contract on rendering a free-of-charge Service can be dissolved by the Customer or the Seller without giving any reason and at any time, while using the functionalities included in the Terms & Conditions or by the e-mail message, submitted to the e-mail address listed in the Seller’s Contact Data or Customer’s Contact Data.

§4 Orders

1. The Orders for the Products can be placed through the intermediary of the Shop web site within 7 days per week and 24 hours day and night, using the Cart function. After completing an order list of the Products, in the Cart area, the Customer proceeds to a realisation of the order.
2. After completing an order list of the Products, in the Cart area, the Customer specifies:
   1. a manner of Delivering the Products, by selecting an appropriate Delivery option,
   2. a manner of making a payment, by selecting an appropriate payment option,
   3. a Delivery address,
   4. data in order to issue a VAT invoice.
3. Prior to placing an order, the Customer receives by displaying in the Cart area, information about total price for the order, including the taxes and related costs, in particular the Delivery and payment costs, subject to provisions of section 4.
4. In the case of the orders, which place of Delivery is outside the borders of the Republic of Poland, a cost of Delivery and payment is not displayed within a frame of the order summary. A separate pricelist of the international consignments, posted in the area of the Shop web site is applicable in respect of the Customer.
5. Placing the order may take place by using the “Order and pay” button in the Cart and is tantamount with making an offer to conclude the Sales Contract related to the Products included in the order to the Seller by the Customer.
6. Prior to submitting the order form, by ticking its proper field, the Customer should declare that he/she has read the Terms & Conditions and accepts their provisions.
7. In the exceptional circumstances, cased in particular due to the technical problems that preclude correct functioning the Shop, the orders for the products may be placed via telephone or through the intermediary of e-mail, providing to the Seller the information about: name, catalogue number, quantity and configuration of the product included in the order.
8. In the special cases and after a prior agreeing with the Seller, the placed order may be amended by the Customer at the latest until a moment of receiving information about shipping the consignment by the Seller.
9. The amendment of the order can include its cancelling, partial cancelling, extending by the additional Products, amending the Delivery address.
10. The Seller shall immediately inform the Customer about impossibility to realise the order, in case of any circumstances from which it results. This information is provided via telephone or electronic means, while using the Customer’s Contact Data. This information may include the following manners of modification the order:
    1. cancelling the order in the part impossible to be realised, what results in recalculating a value of the order,
    2. making a division of the Products to be supplied for a part, which Delivery is possible and a part, which Delivery shall take place in the further deadline, what does not result in recalculating a value of the order,
    3. cancelling the entire order, what results in a remission of the value of the order.
11. A confirmation of a receipt of the order is provided through submitting an e-mail message at the electronic address specified in the Customer’s Contact Data by the Seller. A confirmation of a Seller’s acceptance of the order is tantamount with accepting an offer to conclude the Sales Contract filed by the Customer.

§5 Sales

1. The Seller renders a Service consisting in the distance Sales of the Products, through the Shop to the benefit of the Customers.
2. A realization of the order to the benefit of the Customers not coming from the European countries or the countries, which are not the members of the European Union, but which are a party of the treaties and agreements with the EU, requires to pay a prior advance payment towards a Contract performance security.
3. A subject of the Sales Contract includes a Seller’s obligation to transfer to the Customer an ownership of the Products and to release them, and a Customer’s obligation to collect the Products and pay an amount of the Price for the Products to the Seller.
4. The Seller reserves a right to run the advertising campaigns, which consists in reducing a price for the Product until a specified deadline or until the stocks of the promotional Products run out.
5. While concluding the Sales Contract, the Seller undertakes to Deliver the Products free from defects to the Customer.
6. The Sales Contract is concluded upon confirming an acceptance of the Customer’s order by the Seller.
7. Releasing of the Products is provided promptly. The Seller posts information about a quantity of the Working Days needed for a Delivery of the Products.
8. The Products releasing time can be a subject of amendment in the case when the order is amended by the Customer.
9. The release of the Products:
   1. in the case when the Customer has chosen an option of the Delivery, through the intermediary of the Carrier, to the address provided by the Customer,
   2. in the case when a personal collection of the products has been chosen by the Customer, in the Showroom on the Working Days between 8:00 a.m. - 5:00 p.m. and on Saturdays between 8:00 a.m. - 2:00 p.m.
10. After a prior agreement, the Seller may make available another manner of Delivery to the Customer.
11. Releasing the Products takes place not earlier than after making a payment by the Customer.
12. The Seller confirms releasing the Products to the Carrier in order to Deliver them to the address specified by the Customer while placing the order, by submitting an e-mail message to the Customer’s e-mail address.
13. The delivered consignment should be examined by the Customer when the Carrier is present. In the case when any damages to the consignment are determined, the Customer has a right to request drawing up an appropriate report.
14. A Seller’s responsibility due to the implied warranty is excluded.

§6 Discount programme

1. The Seller awards the discounts for purchasing the products to the benefit of the registered Customers, signed in to the Customer’s Account.
2. Organising the programme is aimed at promoting the Services and the products of the Seller.
3. The points are awarded to the benefit of the Customer after a realisation of the order, in a quantity determined in the order form.
4. The points awarded within a frame of the Programme are valid throughout 365 days from a date of their awarding.
5. A current number of the Points possessed by the Customer is displayed in the Customer’s Account in the “Your Discount” tab.
6. An amount of the discount is calculated on the basis of the possessed Points and a discount group, to which a concerned Products belongs, according to the assumptions indicated in a document of the “Discount Policy”, published on the Shop web site.
7. The Points awarded for a purchase of the Products are cancelled in the case of withdrawing from the Sales Contract of these products.
8. An amendment of the order value results in recalculating a number of the awarded Points and updating a Point balance of the Customer.
9. The Customer may withdraw from the Programme at any time, by submitting information about this fact to the Seller while using the Seller’s Contact Data.
10. Withdrawing from the Programme is connected with cancelling the possessed Points and ceasing to award them to the benefit of the Customer who has withdrawn from the Programme.
11. An end of the programme may take place at any time by publishing proper information in the area of the Shop web site, while giving a 30-day notice.

§7 Payments

1. A value of payment due to the Sales is established on the basis of the Product pricelist, which is on the Seller web site upon a moment of ordering the Product. The Prices determined on the Shop web site next to the concerned Product are gross and net prices expressed in: PLN, EUR and USD (at the Customer’s discretion) and they include a VAT due, but they do not include any costs of a Delivery of the Product and a chosen method of payment.
2. The costs of the transaction and the Delivery of the Product are borne by the Customer.
3. A total amount of the order includes a price for the ordered Products together with the tax due and all derivative costs, in particular costs of the Delivery and a transaction. The total price of the order is binding for the Seller and the Customer.
4. The Shop enables the following methods of payment with regard to the rendered Sales Services:
   1. by cash at the personal collection,
   2. by a bank transfer to the Shop bank account.
5. After a prior agreement, the Seller may make available the other manners of payment to the Customer.
6. A payment deadline of the amounts due falls upon a moment of placing the order.
7. A bill, a VAT invoice or another accounting document related to the Sales Service are attached to the Products, which are a subject of releasing or submitted by e-mail to the Customer’s e-mail, depending on the Customer’s will.
8. The Customer agrees to receive the electronic invoices.

§8 Supplementary provisions

1. Any and all trademarks, graphic elements and photos published on the Shop web site in order to present the Products are a subject of copyrights of their owners.
2. The Internet domain of the shop, its logotypes, name and the Terms & Conditions are a subject of copyright and legal protection.
3. The Customer acknowledges that it is forbidden to deliver an illegal content by the Customer.
4. The Seller undertakes to make duly efforts in order to enable a correct functioning of the Shop and to provide an assistance in solving technical problems connected with its operating.
5. The Seller undertakes to execute activities aimed at protecting data contained in the Customer’s Account against an unauthorised access and use.
6. The Seller is not responsible and liable for:
   1. breaks in the correct functioning of the Shop and improper performance of the Services, resulted from an act of force majeure,
   2. breaks in the correct functioning of the Shop and improper performance of the Services to the benefit of the Customers, who are not the Consumers, resulted from the technical operations or a reason attributable to the entities with an aid of which the Shop renders the Services,
   3. gains lost by the Customer,
   4. damages caused by a breach of the provisions of these Terms & Conditions by the Customer.

§9 Final provisions

1. The Seller can collect information, in order to store it locally on the Customer’s device, using a memory mechanism of the web browser with a usage of cookie files.
2. Personal data of the Shop users are processed on the basis of a consent of the individuals, to whom this data is related or when it is necessary to realise the Contract when a person to whom the data is related is a party or when it is necessary to take actions before concluding the Contract upon request of the person, to whom the data is related.
3. Personal data is collected in order to render the Services by the Shop. The persons whose data has been collected by the Shop have a right to get an access to a content of their data, amend it and file a written justified request to withhold its processing, as well as to file an opposition against it.
4. The rules of processing personal data, privacy policy and policy of cookie files have been regulated in the following document: “Privacy and Cookie Files Policy published in the area of the Shop web site.
5. While concluding the Contract on rendering the Service, the Consumer voluntarily authorises the Seller to submit information connected with the Contracts and their performance, as well as commercial information in case of giving a separate consent to it, to the Customer’s Contact Data.
6. The Customer is obliged to inform the Seller about any amendments of the Customer’s Contact Data or otherwise its use in deliveries shall be deemed effective.
7. An amendment of the Terms & Conditions can be introduced due to any amendment of the law provision in respect of services realised by the Seller, as well as the technical or organisational changes with regard to the services realised by the Seller.
8. An amendment of the Terms & Conditions is made by a publication of its new wording on the Shop web site, after a prior notification about this fact. Information about an amendment of the Terms & Conditions is placed in the area of the Shop web site not later than within 10 days prior to its effective date and submits it to the Customer’s Contact Data in the case when the parties are bound by the Contract with a continuous nature.
9. An amendment of the Terms & Conditions is not related to the Sales Contracts concluded before a date of their amendment.
10. In the case of any discrepancies between the provisions of the Terms & Conditions and the generally applicable law provisions, the latter provisions are applied.
11. To all matters not settled by the provisions of the Terms & Conditions shall be applied the generally applicable provisions of the Polish law.
12. Any and all possible disputes resulting from the Contracts shall be a common court with a jurisdiction over a registered office of the Seller.
13. The Terms & Conditions enter into force within 10 days from a date of its publishing on the Shop web site.