GENERAL PROVISIONS

  • Online store: www.orchidgarden.pl sells plants (orchids) and accessories needed for their cultivation; and is run by:

OrchidGarden & Orchidsklepik Justyna Papuga

Łopatki 9, 98-100 Łask

Tax Identification Number: 5342314922,

REGON: 141413840

Tel.: (+48)793088803

e-mail: sklep@orchidgarden.pl

  • These Online Store Regulations define the rules for making purchases in the online store: OrchidGarden & Orchidsklepik Justyna Papuga, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.
  • In the scope of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws, 2020, item 344, as amended).
  • The Regulations are addressed to all Customers of the Store. All Customers are obliged to read the provisions of the Regulations before making a purchase.
  • Each Customer is obliged to comply with the provisions of the Regulations. Sales are based on the version of the Regulations applicable at the time of placing the order.
  • Each Customer has the opportunity to read the Regulations at any time by clicking on the hyperlink on the Store’s website: www.orchidgarden.pl: “Shop Regulations”.
  • All information contained on the Store’s website: www.orchidgarden.pl, relating to products (including prices), does not constitute an offer within the meaning of Art. 66 of the Act of April 23, 1964, Civil Code (i.e Journal of Laws, 2023, item 1610, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Act of April 23, 1964, Civil Code (Journal of Laws, 2023, item 1610, as amended). By sending the Order Form, the Customer submits an offer to purchase and deliver the indicated Goods for the price and on the terms specified in the description.
  • All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms and logos posted on the Store’s Website belong to the Seller, and their use may be only in the manner specified and in accordance with the Regulations and following the consent of the Seller expressed in writing.
  • The Seller uses the mechanism of “cookies”, which, when Customers use the Store’s Website, are saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is intended to ensure the correct operation of the Store’s Website on Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not cause configuration changes in the Customer’s end devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store’s Website.
  • In order to place an order in the Online Store via the Store’s Website and to use the services available on the Store’s Websites, the Customer must have an active e-mail account.
  • The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus programs and programs that protect the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
  • The Store declares that it is registered in the register of professional entities kept by PIORiN, and the plants sold by the Store are provided with a plant passport.

DEFINITIONS

  • Consumer – a natural person concluding a Contract via the Store, not directly related to his or her business or professional activity.
  • Entrepreneur with Consumer rights – a natural person concluding a Contract pursuant to civil law via the Store, directly related to his/her business activity, when the content of this Contract shows that it does not have a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on Polish Central Registration and Information on Business Activity (pl. Centralna Ewidencja i Informacja o Działalności Gospodarczej). For the purposes of these Regulations, it is assumed that if there is no distinction between the two groups of entities indicated, the Regulations apply to both Consumers and Entrepreneurs with Consumer rights.
  • Customer – a natural person (including the Consumer) who is at least 13 years old (provided that he or she has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, to which special provisions grant legal capacity, who uses the Services provided by the Store.
  • The Order Form – Service available on the Store’s website, through which the Customer can make a purchase, in particular by adding Goods to the Cart and specifying certain terms of the Sales Agreement, including: delivery and payment method.
  • Shopping Cart – an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the opportunity to determine and modify the Order data, including the number of Products purchased.
  • Store – website belonging to the Seller, available under the domain: www.orchidgarden.pl, through which the Customer can purchase Goods from the Seller.
  • Seller – Justyna Papuga, based at: Łopatki 9, 98-100 Łask, who conducts commercial or professional activity and offers sales via its website.
  • Goods – Seedlings and adult orchids, which are living goods, and each is a movable item that is the subject of trade between the Store and the Customer, the terms of which are specified in the Order Form.
  • Product – any good or service, digital services and digital content, as well as rights and obligations.
  • Defect of the Goods – infected plant, damaged plant
  • Contract – distance sales contract for Goods, concluded by the Customer via the Store, usually via the Order Form.
  • Plant passport – a document that must be attached to each commercial unit (single pot, composition, multiplat, etc.) of plants intended for planting. It confirms that the plants offered for sale have been checked and are free from harmful organisms.
  • Statute – this set of regulations organizing the rules for using the Store Services by Customers


ACCEPTANCE AND PROCESSING OF ORDERS

  • The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
  • The OrchidGarden store’s offer includes only items available in stock.
  • The price given in the order is the total value that the Customer is obliged to pay, including the tax due (gross price). The delivery cost is not included in the price because it depends on the method of delivery of the Product chosen by the Customer.
  • If the Customer is obliged to make a payment exceeding the agreed price described in the previous paragraph, the Store will immediately inform the Customer about this fact, explaining the reason for the price difference. Additional costs will be charged to the Customer only after obtaining the Customer’s express consent.
  • The Seller reserves the right to change prices in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or make changes to them, in accordance with applicable law.
  • Orders from Customers are accepted using the sent Order Form, placed via the website: www.orchidgarden.pl or by e-mail to the following address: sklep@orchidgarden.pl, 7 days a week, 24 hours a day.
  • The Customer placing an order via the Store’s Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order, the Customer selects the “GO TO CHECKOUT” button on the Store’s Website, then confirms the delivery address, reads the Regulations and the delivery method. The Customer selects the payment method, clicks “BUY AND PAY”, places an order by sending the order form to the Seller.) Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Contract.
  • After placing the order, the Customer receives confirmation of the order placed at his/her e-mail address provided in the Order Form.
  • After the Customer receives confirmation of acceptance of the offer, the process of completing the order by the Seller begins, whereas:
    • in the case of placing an order payable on delivery – it starts no later than the next business day after its confirmation by the Seller.
    • in the case of placing an order paid by traditional transfer – it begins after the payment for the placed order is credited to the Store’s bank account.
  • Orders placed in the Store are processed according to: order of payments during the Store’s working hours (on business days, Monday to Friday, from: 8:00 a.m., to: 4:00 p.m.. Orders placed on working days after 4:00 p.m., on Saturdays, Sundays or holidays, will be processed the next business day.
  • The Customer will receive a message that the order has been accepted for processing, which is understood as the Seller’s declaration of acceptance of the offer. Upon receipt by the Customer, a Sales Contract is concluded.
  • A VAT receipt is issued for each order. At the Customer’s request, a VAT invoice will also be issued and sent to the Customer (Article 106b(3) of the Act of March 11, 2004 on tax on goods and services, i.e. Journal of Laws, 2023, item 1570, as amended.).
  • All prices of the Goods and shipping (delivery) costs are gross prices, i.e. they include VAT.
  • The condition for the release of goods is payment for the goods and shipment.
  • The Store reserves the right to refuse to process an order if the Goods are missing or found to be of poor quality. In such a case, the Customer will be notified by e-mail and asked to choose the next course of action:
    • Refund of paid costs
    • possibility of selecting other products from the store’s current offer
  • The available means of communication between the Customer and the Store are:
    • E-mail – sklep@orchidgarden.pl
    • Phone – 793088803
  • Correspondence address – OrchidGarden, Łopatki 9, 98-100 Łask
  • Address for the purpose of withdrawing from the Contract: OrchidGarden, Łopatki 9, 98-100 Łask
  • The Seller verifies the authenticity of reviews left by Customers who purchased Products in the Store
  • The Seller does not post false or distorted reviews. Published reviews are both positive and negative.
  • The transport of plants within the European Union is not subject to customs clearance and the obligation to submit a customs declaration.
  • Customers outside the European Union must have an import permit, based on which it receives a phytosanitary certificate. This service is subject to an additional fee (including stamp duty for issuing a certificate, fee for sworn translation of the import permit and fee for phytosanitary inspection). Orchids outside the European Union are shipped bare-rooted, without a pot or substrate. Without the required permit, the Customer places an order at his own risk.

DELIVERY AND TRANSPORT COSTS

  • The shipment of the order from the Store is carried out via the courier company selected by the Customer:
    • InPost,
    • DPD
    • Pocztex (Poczta Polska)
  • Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays and holidays will be accepted for processing on the next business day.
  • The waiting time for shipping is usually: 1-5 business days. The waiting time includes the order processing time, i.e. completing the Products for the order, packaging and the expected delivery time, which is 24 hours in the case of Poland and 2 to 7 days abroad (in the European Union).
  • In winter (if there are severe frosts) and summer (if there is severe heat), there may be delays in shipping orchids due to the risk of damage at inappropriate temperatures. Information about possible delays will be posted on the home page of the Online Store www.orchidgarden.pl
  • The Seller is not responsible for delays resulting from the carrier’s fault.
  • When collecting the parcel delivered by the courier, the Customer should carefully check the condition of the outer packaging and the condition of the ordered Product in his presence. In the event of damage to the shipment by the courier company, the Customer should prepare a damage report together with the courier, in two identical copies signed by the Customer and the courier.
  • It is possible to collect the ordered Product in person at the stationary store at: Łopatki 9, 98-100 Łask, during store opening hours.

PAYMENT PROCESSING

  • The customer has several payment methods available. They are provided in the Seller’s Online Store.
    • cash on delivery – upon receipt of the shipment;
    • traditional bank transfer;
    • online payments via Przelewy24 or PayPal
  • Detailed rules and conditions for making payments via banks or other available services are specified in the relevant regulations of the relevant banks and services.
  • A customer who has chosen the transfer payment option is obliged to pay the fee for the placed order within five (5) business days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is deleted from the system. In the payment title, you only need to provide the order number. It is possible to extend the payment deadline by informing the Store staff in advance: sklep@orchidgarden.pl (e-mail), 793088803 (tel.)


COMPLAINTS

  • The Seller is liable for the non-compliance of the Product with the Contract. For contracts obliging to transfer ownership of the Goods to the Consumer, including in particular sales contracts, delivery contracts and contracts for a specific work constituting the Goods, the provisions of the Act of April 23, 1964, Civil Code (i.e. Journal of Laws of 2023, item 1610, as amended), regarding warranty for defects, shall not apply.
  • If the ordered Goods have defects, the Customer may submit a complaint.
  • Complaints may concern an incomplete order, damage to plants during transport, or a plant disease that may develop during transport and was not noticed during packaging.
  • If an incomplete order is delivered, the missing Goods will be sent by courier at the expense of the Online Store www.orchidgarden.pl or the value of the missing Goods will be refunded within 14 days of submitting the complaint.
  • You can submit a complaint:
    • to the email address: sklep@orchidgarden.pl
    • via the complaint form available in the Customer Zone at the very bottom of the Store’s website www.orchidgarden.pl
  • The complained Goods should be sent back in the same condition in which the Customer received them, packed in the same way as they were delivered by us, to the following address: OrchidGarden, Łopatki 9, 98-100 Łask
  • The content of the complaint should include the following elements:
    • full name;
    • order number to which the complaint relates;
    • name of the advertised Goods;
    • a detailed description of the defect of the Goods
    • photos of the advertised Goods
  • The Seller will respond to the complaint submitted by the Customer within 14 days from the date of its receipt.
  • If the Customer does not provide the required information in the complaint or does not submit the documents necessary for the Seller to consider the complaint (including the most important photos of the damaged goods), the Seller will ask the Customer via e-mail to immediately complete this information or submit the documents. In such a case, the deadline for considering the complaint is counted from the date of correcting these deficiencies.
  • If the Seller accepts the complaint submitted by the Customer, the Seller will reimburse the Customer for the cost of returning the ordered Goods in a monetary amount corresponding to the cheapest form of shipment available in the Online Store www.orchidgarden.pl.
  • Natural physiological changes, e.g. leaves falling in autumn in some species, leaf tips dried in the physiological process, anthocyanin “spots” common especially in Cattleya, and old (often acquired from the manufacturer) mechanical damage that does not affect further growth plants, are not subject to Complaints.


RIGHT OF WITHDRAWAL

  • Pursuant to the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws, 2020, item 287, as amended), the Consumer may withdraw from the Contract regarding Products purchased in the Store, without giving a reason, by submitting an appropriate declaration in writing, within fourteen (14) days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Customer). This deadline is considered met if the Consumer sends declarations before its expiry.
  • In order to exercise this right, the Consumer should submit an appropriate declaration in writing or via e-mail to sklep@orchidgarden.pl within 14 days from the date of delivery of the Goods purchased from the Seller. To meet the above deadline, it is sufficient to send a declaration of withdrawal before its expiry. Information on the right to withdraw from the contract is provided to the Customer during the ordering procedure
  • The Customer will return the Goods to the Seller within fourteen (14) days from the date on which the Customer withdrew from the Contract. To meet the deadline, it is enough to return the Goods before its expiry.
  • The Customer only bears the direct costs of returning the Goods.
  • The Goods should be returned to the Seller’s address: OrchidGarden, Łopatki 9, 98-100 Łask.
  • The Seller, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the Contract, will refund to the Customer all payments made by him, including the cost of delivering the Goods, but the payment will not be refunded until the Goods are returned or the Customer provides proof of sending them back.
  • If the Customer has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
  • The Seller will refund the payment using the same payment method used by the Consumer, with the exception of cash on delivery, then the Customer is obliged to provide the bank account number necessary to refund the payment.
  • The Customer is liable for any reduction in the value of the Product resulting from using it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  • The right to return without giving a reason applies only to European Union member states

PERSONAL DATA PROTECTION

  • By placing an order, the Customer consents to the processing of personal data provided by him in order to complete and handle the order by the Seller, who is also the administrator of personal data, within the meaning of Art. 7 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ EU L 119, 4 May 2016, pp. 1–88.
  • The Administrator of personal data provided by the Customer when using the Store is the Seller.
  • Personal data contained in the Seller’s database are not transferred to entities that do not participate in the implementation of the Contract.
  • Customer in accordance with Art. 15 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ EU L 119, May 4, 2016, pp. 1–88, has the right to access his or her personal data and may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.
  • Providing personal data is voluntary, however, lack of consent to the processing of personal data makes it impossible to complete the customer’s order.


FINAL PROVISIONS

  • The Regulations define the rules for concluding and performing the Sales Contract for Products available on the Store’s website.
  • The sales contract is concluded between the Customer and the Seller.
  • The Regulations are available to all Customers in an electronic version on the Store’s website: www.orchidgarden.pl, in the tab: “Shop Regulations”.
  • In order to use the Store’s Services, it is necessary to have devices enabling access to the Internet and a web browser enabling the display of websites, as well as providing an e-mail address enabling the sending of information regarding the execution of the order.
  • All persons, including Customers, are prohibited from posting illegal content on the Store’s website.
  • In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply.
  • The Regulations do not exclude or limit any rights of the Customer who is a Consumer, to which he is entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, the provisions of law shall prevail.
  • The provisions of the Regulations, that are less favourable to the Consumer than the provisions of the Act of May 30, 2014, on consumer rights (i.e. Journal of Laws, 2020, item 287, as amended) are invalid and the provisions of the Act shall apply in their place.
  • In the event that any provision of these Regulations is or is intended to become invalid or ineffective, the validity of the remaining provisions of the Regulations shall remain unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another one that reflects the intended economic purpose as closely as possible. This also applies accordingly to any gaps in the Regulations.

All texts and descriptions of plants posted in the store are the idea and property of OrchidGarden. Copying and using them for commercial or non-private purposes and distributing them by any means is prohibited, unless otherwise agreed with the store owner Justyna Papuga.

The content of the pages is subject to copyright in accordance with the Copyright Act of February 4, 1994 (Journal of Laws 1994, No. 24, item 83).

Be welcome,

OrchidGarden

MSc. Justyna Papuga

Attachment 1: Withdrawal form from the Contract concluded by Consumer and Entrepreneur with Consumer rights


City: ___________, on: __________

Consumer/Entrepreneur with Consumer rights:

Full name: ________________

Address: ________________

E-mail: ________________

Tel: ________________

Entrepreneur:

Name: OrchidGarden & Orchidsklepik Justyna Papuga

Address: OrchidGarden, Łopatki 9, 98-100 Łask



WITHDRAWAL FORM FROM THE CONTRACT BY A CONSUMER OR AN ENTREPRENEUR WITH CONSUMER RIGHTS




Hereby, acting pursuant to Art. 27 of the Act of May 30, 2014, on consumer rights (i.e. Journal of Laws, 2020, item 287, as amended), with the following extent:



Article 27 of the Consumer Rights Act

A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 section 2 and art. 35.



I inform you about my withdrawal from the contract concluded on _______________, consisting in:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


In relation to the above, I kindly ask you to refund the following amount of money resulting from the withdrawal from the contract: _______________ PLN (in words: _____________________________________________), which should be transferred to the following bank account number: _________________________.

                                                                                                     With regards,


__________________
(handwritten signature of the Consumer/Entrepreneur with Consumer rights)