TERMS AND CONDITIONS OF THE PAPROATRIUM.PL ONLINE STORE

§ 1 [Definitions]

The terms used in the Regulations mean:

1. Seller - Paulina Tomczak, running a business under the name "Pracownia Paulina Tomczak" with its registered office at: ul. Kleeberga 9, 61-615 Poznań, entered into the Central Register and Information on Economic Activity, NIP: 9721177130, REGON: 301433068; contact details: paulina@paprotarium.pl; Tel. +48 888 21 66 86;

2. Store - website available at https://paprotarium.pl, through which the Customer may, in particular, place Orders;

3. Customer - a person with full legal capacity, a person running a business, a legal person or an organizational unit without legal personality, which places an Order within the Store;

4. Order - Customer's declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods;

5. Goods - Products presented in the Online Store;

6. Product - decorative article presented in the Online Store;

7. Business day - a day of the week from Monday to Friday, except for public holidays in the Republic of Poland and holiday days announced on the main page of the Website;

8. Customer Account - a dataset marked with an individual name (e-mail address) and password, in which data about the Customer's orders are collected. The Customer Account is optionally created when placing an order;

9. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between https://paprotarium.pl and the Customer, placed using the Store's website;

10. Regulations - these Regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344), specifying the rules for using the Store.

§ 2 [General provisions]

1. These Regulations define the rules for using the online store at the URL https://paprotarium.pl;

2. The store is run by the Seller;

3. Each person should read the Regulations before using the Store;

4. Making purchases in the Store requires the Customer to have access to a device connected to the Internet, equipped with a web browser with Javascript and Cookies support;

5. These Regulations are made available free of charge via the website https://paprotarium.pl in a form that allows it to be downloaded, saved and printed.

§ 3 [Subject and scope of the Store's activity]

1. The subject of the activity of the online store https://paprotarium.pl is the sale of framed stabilized plants, trees made of natural woods and stabilized plants, other decorative articles made of wood and stabilized plants, and the sale of soy candles;

2. Due to the handmade nature of the Products and due to the use of natural materials in their production, they may vary from each other and from the product image;

3. The Seller presents photos of the offered Products with descriptions. The Seller makes every effort to ensure that the presented photos are of the highest quality and accurately reflect the actual condition and colors of the products. Slight color differences between the website presentation and the appearance of the original may result from technical reasons (e.g. individual monitor settings) and the Seller is not responsible for them.

§ 4 [Rules for using the online store]

1. By placing an Order within the Store, the Customer has the optional option of creating a Customer Account. The Customer may place an Order without creating a Customer Account;

2. The customer is obliged to read the content of the Regulations and the Privacy Policy and to accept their content when placing the Order;

3. The condition for creating a Customer Account is the consent to the content of the Regulations and the Privacy Policy;

4. The Customer who created the Customer Account has access to the following functions:

    a. viewing the history of orders, broken down into completed and pending orders;

    b. editing and updating data;

    c. changing the password;

5. The Customer is obliged to use the Store in a manner consistent with applicable law;

6. The Customer may not take actions that in any way could affect the proper operation of the Store, including interfering with the content and graphic elements of the Store; post illegal content in the Store; introduce to the Store as an IT system, malicious software, such as viruses or spyware;

7. The Customer may not use the Store for purposes other than its intended use, in particular, send SPAM messages and conduct any advertising or promotional activities within the Store;

8. The customer is obliged to provide truthful and factual data and information when placing the Order. Providing reliable data is necessary for the proper implementation of the Order;

9. The online store https://paprotarium.pl may deprive the Customer of the right to use the Store with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:

    a.when placing an Order or setting up a Customer Account, he provided untrue or out-of-date data, misleading or infringing the rights of third parties;

    b. has infringed the personal rights of third parties via the Store, including the personal rights of other Customers of the Store;

    c. has committed other behaviors that will be considered by the Store to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Store;

10. A person who has been deprived of the right to use the Online Store may not re-register without the prior consent of the Store;

11. Every customer who registers or places an Order agrees to receive, to the e-mail address provided by him, information related to the course of the transaction, notifications about changes to these Regulations;

12. Other information regarding the operation of the Store, as well as containing commercial information about new Products and promotions of the Store and promoting the Products of the Seller's partners, will be sent only to those Customers who have given their consent.

§ 5 [Rules for making purchases]

1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code;

2. The purchase of the Product does not require the creation of a Customer Account;

3. The selection of the ordered Goods by the Customer is made by adding them to the basket;

4. After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order contains a detailed description of the product and its features; the total price of the ordered products together with taxes, as well as the fee for transport, delivery or postal services and summarizing the total amount of the order with the selected delivery option, regarding the method and date of payment, regarding the method and indicative date of performance by the entrepreneur;

5. Placing an Order is done using the form available on the store's website after pressing the button - "I order with payment obligation" in the summary of the shopping cart, in which the customer provides the following data:

    a. Name and surname or company name;

    b. E-mail address;

    c. Telephone number;

    d. VAT number for companies;

    e. Address details for shipping;

6. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with the Store, in accordance with the Regulations. After placing the Order, the Customer receives a message to the e-mail address provided with the summary of the Order. This message is a confirmation of the Seller receiving the Order by the Customer and does not constitute a declaration of will to conclude a contract. The contract is considered concluded with the moment the Customer receives a second e-mail containing the final confirmation of the time required to complete the Order. This e-mail is a declaration of will to conclude a contract by the Store;

7. The Customer places an Order after reading the information specified in the Regulations of the Store and the information indicated in paragraph 4, which will be displayed in electronic form in the last stage of completing the electronic form, preceding the expression of the will to be bound by the contract by clicking the "Order with payment obligation" button. After reading the collected information specified for a given Customer's order, the Customer expresses the will to be bound by the contract by pressing the "Order with payment obligation" button;

8. All prices quoted on the Store's website are in Polish zlotys or in EUR (according to the currency chosen by the Customer) and include VAT. The price displayed in the basket summary before placing the Order includes shipping costs in accordance with the option selected by the Customer;

9. The Seller undertakes to deliver Products free from defects;

10. The Seller may suspend the acceptance of the Order in the event of doubts as to the truthfulness or reliability of the data provided by the Customer in the Order form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question;

11. In the event of unavailability of the materials needed to make the Products covered by the Order, the Customer is immediately informed about it. The Customer decides whether the Order is to be completed partially or completely canceled.

§ 6 [Payments and delivery]

1. The Customer and the Store are bound by the Product price in force at the time the Order is placed on it;

2. Payments for Products are made through:

    a. Conotoxia Pay;

    b. traditional transfer to the Seller's bank account number: PKO 14 1020 4900 0000 8702 3379 4891;

3. The payment is considered by the Seller as accepted when it is credited to the Conotoxia Pay account, and in the case of a traditional transfer, when it is credited to the PKO account no. 14 1020 4900 0000 8702 3379 4891;

4. The deadline for the payment by the Customer is 7 days from the date of confirmation of the Order by the Store;

5. The contract is considered concluded when the payment is made by the Customer, after prior confirmation of the acceptance of the Order for execution;

6. Shipments are sent via GLS or FedEx. Shipping costs are specified in the "Shipping" tab;

7. The delivery takes place to the address indicated by the Customer when placing the Order;

8. In the case of ordering several Products, the Goods are generally packed collectively in one shipment, unless, when placing the Order, the Customer requests a different method of packaging in the comment to the Order;

9. The Customer will be notified by e-mail about sending the goods. The customer will also receive a tracking number by e-mail;

10. A VAT invoice confirming the purchase is sent with the Product.

§ 7 [Complaints]

1. The legal basis for the complaint are the provisions of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2020, items 1740, 2320, of 2021, items 1509, 2459) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, of 2021, item 2105);

2. The Store is liable to the Customer under the warranty if the item sold (Product) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (Product) with the contract;

3. Complaints should be submitted by e-mail to the following address: paulina@paprotarium.pl or by registered mail to the following address: "Pracownia Paulina Tomczak", ul. Kleeberga 9, 61-615 Poznań. The content of the notification should indicate:

    a. Customer data: name, surname, e-mail address;

    b. a brief description of the claims made;

    c. his proposal on how to resolve the matter;

4. In the event of a complaint that does not contain the above-mentioned elements, the Customer will be asked to supplement them;

5. If the Customer does not declare his will to receive a reply to the complaint by post, the reply is sent only by e-mail to the e-mail address provided in the application;

6. The seller considers complaints within 14 days from the date of correct notification. Leaving a complaint without consideration within the indicated period means that the complaint is recognized by the Seller;

7. Complaints are not subject to defects of the Products resulting from the Customer's failure to comply with the care instructions for the Products available on the Store's website. This manual applies in particular to:

    a. protect the Products against direct sunlight;

    b. protect the Products from the proximity of heat sources and blowing air, such as a fireplace, radiator or air conditioning outlet;

    c. storing the Products only inside rooms where the humidity is maintained at the level of 40% - 70%;

    d. protect the Products against getting wet, sprinkled, and accidentally doused with liquid;

8. Slight differences in color or shape between the Product pattern presented on the Store's website and the appearance of the original delivered to the Customer, which may occur, result from technical reasons, as well as due to the use of natural materials for making the Products and cannot be the subject of a complaint;

9. Damage to the parcel during transport will be taken into account only on the basis of a notification made to the courier company employee at the time of delivery.

§ 8 [Returns]

1. In accordance with the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827) The customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment when the customer came into possession of the item, or which a third party other than the carrier indicated by the Customer came into possession of the goods. To meet the fourteen-day period referred to in paragraph 1, it is sufficient to send a declaration of withdrawal before its expiry;

2. In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: "Pracownia Paulina Tomczak", ul. Kleeberga 9, 61-615 Poznań or hand it over to a person authorized by the Store to pick it up immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Store offered to pick up the item himself. The returned goods should be packed in a way that prevents damage to them during transport;

3. If the Customer exercises the right referred to in sec. 1, direct costs of returning the goods are covered by the customer;

4. In the event of withdrawal from this contract, the Customer shall be reimbursed all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered as part of the delivery of goods available in the Store) , immediately, and in any case no later than 14 days from the date on which the Store was informed about the Customer's decision to exercise the right to withdraw from the contract with the Store;

5. The reimbursement is made by the Store using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him;

6. The Store may withhold the reimbursement until it receives the returned Goods (items);

7. If the Customer who is a consumer chose a method of delivery of the item (Goods) other than the cheapest standard delivery method offered by the Store (applies to the method of original delivery to the Customer), the Seller is not obliged to reimburse the Customer for additional costs incurred by him;

8. The returned goods cannot bear any signs of use. The delivered condition must be intact, i.e. as it was delivered to the customer.

§ 9 [Final provisions]

1. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail;

2. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the provisions of the Civil Code, the Act on the provision of electronic services and the Act on consumer rights;

3. The Seller is entitled to amend these Regulations. Delivery of the amended Regulations to the Customer will take place by placing new content on the Store's website;

4. The Customer has the right to refuse to accept the amended Regulations, which results in the termination of the Agreement on the effective date of the new provisions of the Regulations;

5. Orders placed before the entry into force of the amended Regulations will be implemented in accordance with its existing provisions;

6. The Regulations are valid from 04/04/2022.