REGULATIONS OF THE ROZMARIN.SHOP ONLINE STORE

General provisions
Electronic services in the Online Store
Terms and conditions of concluding a Sales Agreement
Payment methods and terms
Order fulfillment time and costs, methods and dates of delivery and receipt of Products
Complaint handling procedure
Extrajudicial methods of handling complaints and pursuing claims
Right to withdraw from the Contract
Provisions regarding entrepreneurs
Product Reviews
Illegal content and other content inconsistent with the Regulations
Final provisions
Sample withdrawal form

These Online Store Regulations have been prepared by the lawyers of Prokonsumencki.pl.

Internet shopwww.rozmarin.shop respects the rights of consumers.

A consumer cannot waive the rights granted to him under the Consumer Rights Act.

Contract provisions that are less favorable to the Consumer than the provisions of the Consumer Rights Act are invalid and the relevant legal provisions shall apply in their place.

The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers arising from mandatory provisions of law. Any doubts of interpretation should be resolved in favor of the Consumer.

In the event of any conflict between the provisions of these Regulations and applicable legal provisions, the relevant legal provisions shall prevail.

1. GENERAL PROVISIONS

1.1.

Online store available at:

www.rozmarin.shop

is run by:

Iryna Zubkova, conducting business activity under the name:

ROZMARIN IRYNA ZUBKOVA

entered into the Central Register and Information on Economic Activity (CEIDG).

Business address and correspondence address:

St. Matthias 1

50-243 Wroclaw

NIP: 8992973602

REGON: 526662691

E-mail: rozmarin.wed@gmail.com

Contact telephone number: +48 733 089 770

1.2.

These Regulations are addressed to both Consumers and Entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.

1.3.

The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller.

Personal data are processed for the purposes, for the period and on the basis specified in the Privacy Policy published on the Online Store website.

The Privacy Policy specifies in particular:

principles of personal data processing by the Administrator;
legal basis for data processing;
processing purposes;
data storage period;
rights of data subjects;
information about cookies;
information regarding the use of analytical tools.

Using the Online Store, including placing Orders, is voluntary.

1.4. Definitions

The terms used in these Regulations mean:

1.4.1.

WORKING DAYS – days from Monday to Friday, excluding public holidays.

1.4.2.

ORDER FORM – Electronic Service available in the Online Store in the form of an interactive form enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.3.

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

1.4.4.

CONSUMER – a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.

1.4.5.

CUSTOMER Is:

a natural person with full legal capacity, and in cases provided for by law also a natural person with limited legal capacity;
legal person;
an organizational unit without legal personality, to which the law grants legal capacity,

– who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.6.

CIVIL CODE – Act of 23 April 1964 – Civil Code (Journal of Laws, as amended).

1.4.7.

ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system marked with an individual login and password, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

1.4.8.

NEWSLETTER – Electronic Service provided via e-mail, enabling automatic receipt of subsequent messages containing information about Products, new products, promotions and offers of the Online Store.

1.4.9.

ILLEGAL CONTENT – any information that, in itself or by reference to a specific activity, including the sale of Products or the provision of Electronic Services, is inconsistent with European Union law or with the law of a Member State that complies with European Union law, regardless of the subject matter or nature of those provisions.

1.4.10.

PRODUCT means:

a movable item, including a movable item with digital elements, i.e. containing digital content or a digital service or connected to them in a way that enables its proper functioning;
digital content;
service, including a digital service;
law,

being the subject of the Sales Agreement concluded between the Customer and the Seller.

1.4.11.

STATUTE – these Regulations of the Online Store.

1.4.12.

INTERNET SHOP – online store operated at:

www.rozmarin.flowershop

1.4.13.

SELLER / SERVICE PROVIDER

Iryna Zubkova running a business under the name:

ROZMARIN IRYNA ZUBKOVA

entered into the Central Register and Information on Economic Activity (CEIDG).

Business address and correspondence address:

St. Matthias 1

50-243 Wroclaw

NIP: 8992973602

REGON: 526662691

Email: rozmarin.wed@gmail.com

Telephone: +48 733 089 770

1.4.14.

SALES AGREEMENT means:

Product sales agreement (in relation to movable items and items with digital elements);
a contract for the supply of digital content or digital services;
a contract for the provision of services or the provision of a Product for use,

concluded between the Customer and the Seller via the Online Store.

1.4.15.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider via the Online Store, which is not a Product.

1.4.16.

SERVICE RECIPIENT means:

a natural person with full legal capacity and, in cases provided for by law, also a person with limited legal capacity;
legal person;
an organizational unit without legal personality, to which the law grants legal capacity,

– using or intending to use the Electronic Service.

1.4.17.

CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws, as amended).

1.4.18.

ORDER – a declaration of intent of the Customer submitted via the Order Form, aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.

The following Electronic Services are available in the Online Store:

Account;
Order form;
Newsletter.

2.1.1. Account

Using the service Account is possible after performing the following steps:

completing the Registration Form;
clicking the button "Create an account".

During registration, the Service User is obliged to provide:

electronic mail address (e-mail);
password.

Electronic Service Account is provided free of charge and for an indefinite period.

The Service User may at any time, without giving any reason, delete the Account (resign from maintaining it) by sending an appropriate request to the Service Provider, in particular:

by e-mail to the following address:

rozmarin.wed@gmail.com

the

in writing to the following address:

St. Matthias 1

50-243 Wroclaw

2.1.2. Order Form

The use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart of the Online Store.

The Order is placed after completing two consecutive steps:

completing the Order Form;
clicking the button on the Online Store website "I buy and pay".

Until you click the button "I buy and pay" The Customer has the option to independently modify the entered data, in accordance with the messages and instructions displayed on the Online Store website.

When placing an Order, the Customer is obliged to provide the data necessary for its execution.

In particular, the Customer provides data enabling the identification of the Order, selects the method of delivery and payment, and provides contact details necessary for the conclusion and performance of the Sales Agreement.

Electronic Service Order form is provided free of charge and is a one-time service.

The provision of this service ends upon:

successfully placing an Order via the Order Form;

the

early termination of the Order by the Customer.

2.1.3. Newsletter

The Newsletter service enables the Service User to receive information about Products, new products, promotions and special offers of the Online Store to the e-mail address provided.

Subscription to the Newsletter is done by entering your e-mail address in the appropriate form on the Online Store website and confirming your willingness to receive messages.

The Newsletter service is provided free of charge and for an indefinite period.

The Service Recipient may unsubscribe from the Newsletter at any time without giving any reason.

Cancellation is possible by:

sending a message to:

rozmarin.wed@gmail.com

the

clicking on the unsubscribe link included in each Newsletter message (if such a link is provided).

2.2. Technical requirements

To use the Online Store, including Electronic Services, you must:

a device with Internet access;
active e-mail address;
an up-to-date web browser that supports cookies and JavaScript.

2.3.

The Service Recipient is obliged to use the Online Store in accordance with applicable law, the provisions of these Regulations, good customs and the principles of social coexistence.

The Service Recipient is obliged to provide truthful data.

It is prohibited to provide content that is contrary to the law, in particular Illegal Content.

2.4.

The rules for submitting and considering complaints regarding Electronic Services are specified in point 6 of the Regulations.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1.

The sales agreement between the Customer and the Seller is concluded after the Customer places an Order via the Order Form available in the Online Store, in accordance with the provisions of point 2.1.2 of these Regulations.

3.2.

The Product price indicated on the Online Store website is the final price and includes all taxes required by applicable law.

Before placing an Order, the Customer is informed about:

the full price of the Product;
delivery costs;
any other mandatory fees, if applicable.

If the nature of the Product prevents the final price from being determined in advance, the Seller shall inform the Customer about the method of calculating it.

In the event of concluding a Sales Agreement for an indefinite period or an agreement providing for periodic services (e.g. subscription), the Seller also informs about the total cost of services for a given settlement period, and in the case of fixed fees – about the total amount of monthly payments.

3.3. Conclusion of the Sales Agreement via the Order Form

3.3.1.

The sales contract is concluded upon prior placement of an Order by the Customer in accordance with the principles set out in point 2.1.2 of these Regulations.

3.3.2.

After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution.

Confirmation takes place by sending an e-mail to the Customer to the address provided when placing the Order.

The message contains at least:

confirmation of receipt of the Order;
confirmation of acceptance of the Order for execution;
confirmation of conclusion of the Sales Agreement.

Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.

3.4.

The content of the concluded Sales Agreement is recorded, secured and made available to the Customer through:

making these Regulations available on the Store's website;
sending the Customer an e-mail message referred to in point 3.3.2 of the Regulations.

The content of the concluded Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4. PAYMENT METHODS AND TERMS

4.1.

The Seller provides the Customer with the following payment methods under the concluded Sales Agreement:

4.1.1.

Payment by bank transfer to the Seller's bank account.

4.1.2.

Electronic payment and payment by card via the website Przelewy24.

The current list of available payment methods is published:

on the Online Store website in the payment methods tab;
on the website https://www.przelewy24.pl.

4.1.2.1.

Electronic payments and card payments are processed in accordance with the payment method chosen by the Customer via the website. Przelewy24.

The payment operator is:

PAYPRO JOINT STOCK COMPANY

Pastelowa 8

60-198 Poznan

KRS: 0000347935

NIP: 7792369887

REGON: 301345068

Share capital: 4 737 100.00 PLN

4.2. Payment deadline

4.2.1.

The customer is obliged to make the payment on time 15 minutes from the moment of conclusion of the Sales Agreement.

5. Order fulfillment time and costs, methods and dates of delivery and receipt of Products

5.1.

Delivery of Products is carried out on the territory of the Republic of Poland, within the city area Wroclaw and within a radius of up to 150 km from its borders.

5.2.

Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise.

The delivery cost (including in particular the costs of transport, delivery and postal services) is always indicated to the Customer:

on the Online Store website in the tab regarding delivery costs;
when placing an Order;
before the final conclusion of the Sales Agreement.

5.3.

Personal collection of Products by the Customer is free of charge.

5.4.

The Seller provides the following methods of delivery or collection of Products:

5.4.1.

Courier delivery.

5.4.1.1.

Before the scheduled delivery, the Customer receives an SMS or e-mail containing the estimated delivery timeframe.

The courier will be waiting at the specified address maximum 15 minutes and attempts to contact the recipient by telephone.

If delivery proves impossible due to the recipient's absence, the Customer will be informed of the possibility of:

collection of the Product at the collection point (at the Store's premises);

the

agree on a new delivery date.

Re-delivery is subject to a fee.

The cost of re-delivery is provided to the Customer before placing the Order.

5.4.2.

Personal collection of the Products is possible at the following address:

St. Matthias 1

50-243 Wroclaw

on Business Days from 09:00 to 19:00.

5.4.3.
We make every effort to ensure that each order reaches the recipient fresh, on time and in perfect condition.

Delivery times

We make deliveries every day during business hours 8:00–24:00.

Orders are delivered in one-hour time interval (e.g. 12:00–13:00).

The minimum order processing time is 2 hours from the moment it is submitted and paid.

Orders placed after 7:00 p.m.

Orders placed after an hour 19:00 cannot be fulfilled on the same day because the flower shop is already closed.

The first possible delivery date is the next day from 11:00.

Deliveries made within an hour 24:00 are only possible for orders placed and confirmed by 19:00 on the same day or earlier.

Delivery fee

Personal pickup in our flower shop there is free.

For orders worth from 300 PLN delivery within a radius up to 5 km from the florist is free of charge.

In case of orders worth under 300 PLN the following rates apply:

1–6 km – 30 PLN
over 6 km to 8 km – 35 PLN
over 8 km to 12 km – 45 PLN
over 12 km to 15 km – 50 PLN
over 15 km – 3.50 PLN per kilometer
from 80 km – 4.00 PLN per kilometer

For deliveries made during business hours 22:00–24:00 an additional fee of 20 PLN to the standard shipping cost.

5.5 Order fulfillment time

The standard order completion time is up to 3 hours from the moment of its confirmation, unless a different deadline was indicated when placing the order.

Orders placed after an hour 19:00 can be redeemed on the next calendar day.

If it proves impossible to complete the order within the above deadline for reasons beyond the Seller's control, the Seller will immediately contact the Customer to agree on a new deadline for completing the order or another method of completing the order.

6. COMPLAINT HANDLING PROCEDURE

6.1.

This point 6 of the Regulations sets out uniform rules for submitting and considering all complaints addressed to the Seller, in particular those concerning:

Products;
Sales contracts;
Electronic Services;
other matters related to the Seller's activities or the functioning of the Online Store.

6.2.

The basis and scope of the Seller's liability are determined by applicable law, in particular:

Civil Code;
Consumer Rights Act;
Act of 18 July 2002 on the provision of services by electronic means.

6.2.1.

Detailed rules for complaints about Products that are movable items, including items with digital elements (excluding media used exclusively for the delivery of digital content), purchased under the Sales Agreement concluded on January 1, 2023, are regulated by the provisions of the Consumer Rights Act, in particular Articles 43a–43g.

These provisions specify in particular:

the conditions for the Seller's liability for the lack of conformity of the Product with the Agreement;
scope of this responsibility;
Consumer rights in the event of non-compliance of the Product with the Agreement.

6.2.2.

Detailed rules regarding complaints:

digital content;
digital services;
Products that are services;
media used exclusively for the delivery of digital content,

purchased under the Sales Agreement concluded on January 1, 2023 or earlier, if the Product was delivered after that date, is governed by the provisions of the Consumer Rights Act, in particular Articles 43h–43q.

6.3.

A complaint may be submitted by the Customer in particular:

in writing to the following address:

ROZMARIN IRYNA ZUBKOVA

St. Matthias 1
50-243 Wroclaw

the

by e-mail to the following address:

rozmarin.wed@gmail.com

6.4.

If it is necessary to deliver the Product to the Seller in order to process the complaint, the Customer is obliged to send it to the following address:

St. Matthias 1

50-243 Wroclaw

6.5.

In order to improve the complaint handling process, it is recommended to provide:

information regarding the subject of the complaint;
circumstances justifying the complaint, in particular the type and date of occurrence of the defect or non-conformity of the Product with the Agreement;
Customer requests;
contact details of the person submitting the complaint.

The above recommendations are of an auxiliary nature only and do not affect the effectiveness of a complaint submitted without their compliance.

6.6.

In the event of a change in contact details during the complaint procedure, the Customer is obliged to immediately inform the Seller thereof.

6.7.

The Customer may attach evidence relating to the subject of the complaint to the complaint, in particular:

photo;
documents;
advertised Product;
other materials confirming the circumstances indicated in the complaint.

The Seller may ask the Customer to provide additional information or documents if this is necessary for the proper consideration of the complaint.

6.8.

The Seller will consider the complaint without undue delay.

The response to the complaint is provided no later than within the deadline 14 calendar days from the date of its receipt.

If legal provisions provide for a different mandatory deadline for considering a specific type of complaint, the relevant legal provisions shall apply.

6.9.

Regardless of the Seller's statutory liability, some Products may be covered by a manufacturer's or other guarantor's warranty.

The warranty terms are specified in the warranty document attached to the Product.

The warranty constitutes an additional entitlement of the Customer and does not exclude, limit or suspend the rights arising from applicable legal provisions, in particular the Consumer Rights Act.

6.10.

The provisions of this section regarding Consumers also apply to a natural person conducting business activity if the concluded Sales Agreement is directly related to the conducted activity but is not of a professional nature for that person within the meaning of applicable law.

7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

7.1.

The consumer has the option of using out-of-court complaint and redress procedures.

Such methods include, in particular:

enabling the parties to bring their positions closer together, in particular through mediation;
presenting proposals for resolving the dispute, in particular in conciliation proceedings;
resolving the dispute and issuing a binding decision, in particular by an arbitration court.

Detailed information on the possibility for the Consumer to use extrajudicial methods of dispute resolution, the rules of access to these procedures and a search engine for the relevant entities conducting such proceedings can be found on the website of the Office of Competition and Consumer Protection (UOKiK):

https://polubowne.uokik.gov.pl

7.2.

There is a Contact Point at the President of the Office of Competition and Consumer Protection whose task is to provide consumers with information on out-of-court resolution of consumer disputes.

Contact with the Contact Point is possible:

by phone:

22 55 60 332

22 55 60 333

e-mail:

kontakt.adr@uokik.gov.pl

in writing or in person:

Office of Competition and Consumer Protection

Warsaw Insurgents Square 1

00-030 Warsaw

7.3.

The consumer may, in particular:

submit an application for the resolution of the dispute to a permanent consumer arbitration court;
submit an application to the Provincial Inspector of Trade Inspection to initiate proceedings for the out-of-court resolution of the dispute;
seek assistance from a district or municipal consumer ombudsman or a social organization dealing with the protection of consumer rights.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1.

A consumer who has concluded a distance contract has the right to withdraw from it within the time limit 14 calendar days, without giving any reason and without incurring any costs, except for the costs provided for by applicable law.

To meet the deadline, it is sufficient to send a declaration of withdrawal from the Agreement before its expiry.

8.2.

A declaration of withdrawal from the Agreement may be submitted:

in writing to the Seller's address;

the

by e-mail to the following address:

rozmarin.wed@gmail.com

8.3.

The model withdrawal form constitutes Annex 2 to the Consumer Rights Act and is included in point 13 of these Regulations.

Using the form is not mandatory.

8.4.

The deadline for withdrawal from the Agreement runs:

in the case of a Contract the subject of which is a Product – from the date on which the Consumer or a third party indicated by him, other than the carrier, takes possession of the Product;

in the case of delivery of Products in batches – from the date of taking possession of the last batch;

in the case of regular delivery of Products for a specified period of time – from the date of taking possession of the first Product;

in the case of other Agreements – from the date of their conclusion.

8.5.

In the event of effective withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.

8.6.

The Seller is obliged to do so immediately, but no later than within 14 calendar days from the date of receipt of the declaration of withdrawal from the Agreement, return to the Consumer all payments received from him, including the costs of delivery of the Product.

This does not apply to additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.

The refund will be made using the same payment method used by the Consumer, unless the parties have expressly agreed on another method of refund that does not entail any costs for the Consumer.

The Seller may withhold reimbursement until the Product is received or the Consumer provides proof of sending it back, whichever occurs first.

8.7. Products that are movable items, including items with digital elements

8.7.1.

The Seller is obliged to do so immediately, but no later than within 14 calendar days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, return all payments made by him, including the costs of delivery of the Product, with the exception of additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Online Store.

The refund will be made using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for him.

The Seller may withhold the refund until:

receipt of the returned Product;

the

provide proof of its return,

depending on which event occurs first.

8.7.2.

The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by him immediately, but no later than within 14 calendar days from the date of withdrawal from the Agreement.

To meet the deadline, it is sufficient to send back the Product before its expiry.

8.7.3.

The Consumer shall only be liable for any diminished value of the Product if he or she has used it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Withdrawal from the Agreement on Digital Content and Digital Services

8.8.1.

In the event of withdrawal from the Agreement for the supply of digital content or digital services, the Seller may not use content other than personal data that was provided or created by the Consumer when using the digital content or digital services, except when such content:

are only useful in connection with the digital content or digital service that is the subject of the Agreement;
they concern only the Consumer's activity related to the use of digital content or a digital service;
has been combined by the Seller with other data in a way that makes it impossible to separate them or requires a disproportionately large effort;
were jointly created by the Consumer and other users who can still use them.

Except in the above cases, the Seller will, at the Consumer's request, make available to him all content (excluding personal data) that was provided or created by the Consumer when using digital content or digital services.

After withdrawal from the Agreement, the Seller has the right to prevent the Consumer from further use of digital content or digital services, in particular by blocking the Account or access to such content.

The consumer retains the right to receive his content free of charge within a reasonable time and in a commonly used, machine-readable format.

8.8.2.

After withdrawing from the Contract regarding digital content or digital services, the Consumer is obliged to stop using them and making them available to third parties.

8.9. Costs related to withdrawal from the Agreement

8.9.1.

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

8.9.2.

The consumer bears the direct costs of returning the Product.

8.9.3.

If the performance of the service has begun at the express request of the Consumer before the expiry of the period for withdrawal from the Contract, the Consumer who subsequently exercises the right of withdrawal is obliged to pay for the services provided until the time of withdrawal from the Contract.

The amount due to the Seller is calculated in proportion to the scope of services provided, taking into account the price specified in the Agreement.

If the price specified in the Agreement is grossly excessive, the basis for calculation is the market value of the services provided.

8.10. Exclusion of the right to withdraw from the Agreement

The right to withdraw from a Distance Contract does not apply to the Consumer in relation to Contracts:

for the provision of services, if the service was fully performed with the express consent of the Consumer, who was informed of the loss of the right to withdraw from the Agreement before the commencement of the provision;
the price of which depends on financial market fluctuations beyond the Seller's control;
the subject of which is a non-prefabricated Product, made according to the Consumer's specifications or intended to meet his individual needs;
the subject of which are Products that spoil quickly or have a short shelf life;
the subject of which are Products delivered in sealed packaging which cannot be returned once opened for hygiene or health protection reasons;
the subject of which are Products that, after delivery, were inseparably connected with other items;
the subject of which are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and delivery can only take place after 30 days;
in which the Consumer has expressly requested the Seller to come to perform urgent repairs or maintenance;
the subject of which are sealed audio or video recordings or computer programs after opening the packaging;
for the delivery of newspapers, periodicals or magazines, with the exception of subscriptions;
concluded through public auction;
regarding accommodation services, transport of goods, vehicle rental, catering and services related to leisure, entertainment, sports or cultural events, if the Agreement indicates a specific day or period of service provision;
for the supply of digital content not supplied on a tangible medium, if the provision began with the express consent of the Consumer;
for the provision of repair services, if the Consumer has expressly requested the repair and the service has been fully performed with his consent.

9. PROVISIONS RELATING TO ENTREPRENEURS

9.1.

The provisions of this section apply only to Customers and Service Recipients who are not Consumers, unless mandatory provisions of law provide otherwise.

9.2.

The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within the time limit 14 calendar days from the date of its conclusion.

Withdrawal from the Agreement may occur without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3.

In relation to Customers who are not Consumers, the Seller's liability under the warranty for the compliance of the Product with the Agreement is excluded or limited to the fullest extent permitted by applicable law.

9.4.

The Seller's liability towards a Customer who is not a Consumer, regardless of the legal basis, is limited to the price paid for the Product and the costs of its delivery.

The Seller is only liable for typical, foreseeable damages occurring at the time of conclusion of the Contract and is not liable for lost profits.

9.5.

Any disputes between the Seller and the Customer who is not a Consumer shall be resolved by the court having jurisdiction over the Seller's registered office.

10. PRODUCT REVIEWS

10.1.

The Seller allows Customers to publish opinions regarding the Products and the Online Store in accordance with the provisions of these Regulations.

10.2.

The opinion may be published:

directly on the page of a given Product;
via the feedback form;
using an individual link sent to the Customer after the purchase.

If the functionality of the Online Store allows it, the Customer may also attach a photo of the purchased Product.

10.3.

Only a Customer who actually purchased a given Product in the Online Store may post a review of the Product.

It is prohibited to place fictitious Orders solely for the purpose of publishing an opinion.

Only actual customers may publish opinions about the Online Store.

10.4.

When publishing an opinion, it is prohibited to:

posting illegal Content;
violating applicable laws;
violating the rights of third parties;
publishing offensive, vulgar or untrue content;
taking actions that constitute an act of unfair competition.

10.5.

The Seller takes reasonable steps to verify whether the published opinions come from Customers who actually purchased the Product.

For this purpose, the Seller may, in particular:

send an individual link to add a review;
verify the consistency of the opinion with the data relating to the Order;
ask the author of the opinion for additional explanations.

10.6.

If there are reasonable doubts regarding the authenticity of the opinion, the Seller may carry out additional verification.

10.7.

Comments, complaints and reservations regarding opinions are considered in accordance with the principles set out in point 6 of the Regulations.

10.8.

The Seller does not publish fictitious opinions or commission third parties to publish them.

The content of the review is not modified to artificially increase the rating of the Products or the reputation of the Seller.

11. ILLEGAL CONTENT AND OTHER CONTENT NOT IN ACCORDANCE WITH THE RULES

11.1.

This section contains provisions resulting from Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Single Market (Digital Services Act – DSA).

The User is generally not obliged to publish any content when using the Online Store, unless such a possibility is provided for by its functionality (e.g. publishing opinions).

In the event of publishing content, the User is obliged to comply with the provisions of the law and the provisions of these Regulations.

11.2. Contact point

The Seller designates the following e-mail address as a single point of contact:

rozmarin.wed@gmail.com

The contact point is used for communication with:

authorities of EU Member States;
European Commission;
European Digital Services Council;
Users of the Online Store.

The language of communication is Polish.

11.3. Reporting Illegal Content

Any person or entity may report to Seller information that it believes to be unlawful Content.

Applications should be sent to:

rozmarin.wed@gmail.com

The application should include:

a justification indicating why the reported content is unlawful;
precise indication of the place of its publication (e.g. URL);
name and surname or name of the applicant and e-mail address;
a declaration of good faith and truthfulness of the information provided.

The Seller shall consider reports without undue delay, objectively, impartially and with due diligence.

If the notification contains the contact details of the reporting person, the Seller will confirm its receipt, inform about the decision made and about the possibility of appealing against it.

11.4. Rules for publishing content by Users

When publishing content in the Online Store, the User is obliged to:

use the Store in accordance with its intended purpose;
comply with the provisions of the Regulations;
comply with applicable laws;
respect personal rights, copyrights and intellectual property rights;
publish only truthful information;
not to post any illegal Content;
not publish offensive, discriminatory or vulgar content;
not to send spam or unsolicited commercial information;
not to take any actions that disrupt the operation or security of the Store.

The Seller may moderate published content on its own initiative or based on received reports.

Moderation can be performed manually or automatically.

As a result of moderation, the Seller may:

remove content;
restrict access to content;
limit its visibility;
request the User to remedy the violation;
apply other measures provided for by law or the Regulations.

If the Seller has the User's contact details, it will inform the User about the decision made, its justification and the available remedies.

11.5.

Comments, complaints, objections and appeals regarding the Seller's actions undertaken under these Regulations are considered in accordance with the complaints procedure set out in point 6 of the Regulations.

11.6.

If, after considering the appeal, the Seller finds that the previous decision was unjustified, it will immediately amend or repeal it and take appropriate actions, in particular restoring access to the removed content or withdrawing the restrictions applied.

11.7.

Users who repeatedly publish illegal Content or submit manifestly unfounded reports may be temporarily deprived of the ability to use selected functionalities of the Online Store.

When applying such measures, the Seller shall take into account in particular the number, nature, gravity and consequences of the infringements, while maintaining the principle of proportionality.

12. FINAL PROVISIONS

12.1.

Contracts concluded via the Online Store are drawn up in Polish and are subject to Polish law.

12.2.

The Seller may change these Regulations only for important reasons, in particular in the event of:

changes in legal provisions;
changes in payment methods;
changes in delivery methods;
changes to the scope of the Electronic Services provided;
the need to adapt the Regulations to case law or decisions of administrative bodies;
to remove errors, ambiguities or gaps;
technical or organizational changes regarding the operation of the Online Store.

Amendments to the Regulations do not infringe the rights acquired by Customers before the date of entry into force of the new version of the Regulations.

If a change to the Regulations involves the introduction of new fees or an increase in existing fees, the Consumer has the right to withdraw from the Agreement.

12.3.

In matters not regulated by these Regulations, the provisions of Polish law shall apply, in particular:

Civil Code;
Act on the provision of services by electronic means;
Consumer Rights Act;
other applicable legal provisions.

13. SAMPLE WITHDRAWAL FORM

(Annex No. 2 to the Consumer Rights Act)

The form should only be completed and returned if you wish to withdraw from the Agreement.

Addressee:

ROZMARIN IRYNA ZUBKOVA

St. Matthias 1

50-243 Wroclaw

E-mail: rozmarin.wed@gmail.com

I/We hereby inform you of my/our withdrawal from the Agreement regarding:

☐ sale of the following Products

☐ delivery of the following Products

☐ production of the following Products

☐ providing the following services

…………………………………………………………..

Date of conclusion of the Agreement/receipt of the Product:

…………………………………………………………..

Consumer's name and surname:

…………………………………………………………..

Consumer Address:

…………………………………………………………..

Consumer's Signature

(only in the case of a paper form)

…………………………………………………………..

Data:

…………………………………………………………..

* Delete where not applicable.

Store regulations

CONTENTS

1. GENERAL PROVISIONS

1.1.

1.2.

1.3.

1.4. Definitions

1.4.1.

1.4.2.

1.4.3.

1.4.4.

1.4.5.

1.4.6.

1.4.7.

1.4.8.

1.4.9.

1.4.10.

1.4.11.

1.4.12.

1.4.13.

1.4.14.

1.4.15.

1.4.16.

1.4.17.

1.4.18.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1.

2.1.1. Account

2.1.2. Order Form

2.1.3. Newsletter

2.2. Technical requirements

2.3.

2.4.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1.

3.2.

3.3. Conclusion of the Sales Agreement via the Order Form

3.3.1.

3.3.2.

3.4.

4. PAYMENT METHODS AND TERMS

4.1.

4.1.1.

4.1.2.

4.1.2.1.

4.2. Payment deadline

4.2.1.

5. Order fulfillment time and costs, methods and dates of delivery and receipt of Products

5.1.

5.2.

5.3.

5.4.

5.4.1.

5.4.1.1.

5.4.2.

5.4.3.We make every effort to ensure that each order reaches the recipient fresh, on time and in perfect condition.

5.5 Order fulfillment time

6. COMPLAINT HANDLING PROCEDURE

6.1.

6.2.

6.2.1.

6.2.2.

6.3.

6.4.

6.5.

6.6.

6.7.

6.8.

6.9.

6.10.

7. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

7.1.

7.2.

7.3.

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1.

8.2.

8.3.

8.4.

8.5.

5.4.3.
We make every effort to ensure that each order reaches the recipient fresh, on time and in perfect condition.