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In these regulations of the online store www.clapplants.com, hereinafter referred to as "Regulations", the following terms should be understood:
a. "Seller", "Seller" - NECON Krzysztof Nowak with its registered office at Kosmiczna 9/2, 52-226 Wrocław, POLAND, VAT-EU PL9291669987, REGON 080227454, PROFESSIONAL PLANTS COMPANY No. PL-02/64/8891
b. "Store", "Website" - an online store located on the website http://clapplants.com/ and on its subpages;
c. "Customer", "Buyer" - any person who has concluded an agreement with the Seller to open an account in the Store or without creating an account in the Store, placed an order; this term also means a person who does not have an Account and is in the process of placing an order;
e. "Account" - the Customer's account established by him in the Store in accordance with the principles set out in the Regulations.
II. GENERAL PROVISIONS
1. The Regulations define the rules for the provision of electronic services by the Seller to customers, consisting in enabling them to: conclude online contracts for the sale of goods in the Store's assortment at the prices given on the appropriate subpages of the Store, and create a Customer Account.
2. Before registering an Account or placing an order, the Customer is obliged to read the content of these Regulations.
3. The content presented on the Store's website, including announcements, advertisements, price lists and other information, is not a commercial offer within the meaning of art. 66 and 661 of the Civil Code, but an invitation to tender.
4. Photos and descriptions of goods, trademarks and other materials on the main page and subpages of the Store are the intellectual property of the Seller or producers of these goods. Their use without the consent of the Seller or the manufacturer is a violation of copyright.
5. Prices of goods in the Store's assortment are expressed in Polish zlotys and include VAT. The prices of goods provided in the Store do not include shipping costs.
6. The Seller may modify the Store's assortment, product prices, and conduct and cancel promotional campaigns. The changes do not affect the contracts for the sale of individual goods already concluded with customers.
7. A limited number of goods is intended for promotional sales and sales. Orders are processed in the order in which confirmed orders are received, until the stocks covered by this form of sale are exhausted.
8. A purchase in the Store may be made without creating an Account or after its creation.
9. Shipping costs in Poland and European Union countries are borne by the Buyer.
III. CUSTOMER ACCOUNT
1. Setting up a customer account is done by filling in all the mandatory fields of the registration form, available on the Store's subpage. The form is an offer of the Seller addressed to the future Customer regarding the conclusion of the contract for the creation of an Account in the Store. To send the form and complete the registration procedure in the Store, it is necessary to accept the Regulations and the Policy.
2. In the form, please provide: name and surname, e-mail address, password. The provided e-mail address and password will be used to log into the Account after creating the Account. Optionally, you can express your willingness to receive VAT invoices by checking the appropriate box and filling in the appropriate fields.
3. It is forbidden to add illegal content to the form.
4. Clicking on the account creation button by the person who completed the registration form is tantamount to accepting the Seller's offer referred to in section 1 of this section. At this moment, an agreement for setting up an Account in the Store is concluded between the Seller and the person who completed the registration form.
5. The customer should carefully store his data used to log in to the Store so that unauthorized persons do not gain access to this data.
6. After creating an account, the Customer has the option to: edit his data, including adding an address for delivering orders other than the address indicated in the form, placing orders, viewing the history of recent orders and other services available in the Store and obtaining discount coupons.
7. The contract with the Customer for the creation of an Account in the Store is concluded for an indefinite period.
8. The Customer may at any time terminate the contract for the creation of an Account in the Store by sending the notice to the Seller's email address provided on the Store's website. The contract will be terminated upon receipt of the notice by the Seller.
9. The Seller may terminate the contract for the creation of an Account in the Store in the event of the Seller ending running the Store or in the event of providing illegal data.
IV. OFFERED GOODS
1. The Seller declares that all items offered in the online store are manufactured by the Seller and are free from physical and legal defects.
2. The Seller makes every effort to ensure that the photos reflect the actual condition and color of the items as accurately as possible. The Seller informs the Customer that the shades and shapes, due to the specificity of the goods, may slightly differ from the actual appearance.
3. The offered items are living organisms, in principle unique (plants) and hand-made products (clothing), which does not ensure full repeatability of the offer presented. These differences may, to a small extent, concern both the color and shape of the object.
4. The Seller reserves that the products offered in the "SALE" tab come from the end of the collection and may have flaws and slight defects that do not affect the quality of use.
V. PLACING AN ORDER AND PAYMENT
1. The sale of goods takes place on the basis of orders placed by the customer. The customer has the option of placing an order after logging into the Account or without logging in after providing all the data necessary to complete the order.
2. Orders can be placed 7 days a week, 24 hours a day.
3. From Monday to Friday, 10:00-16:00, the Store offers e-mail or telephone support when placing orders. In order to use the help, please send an e-mail with a description of the problem to the e-mail available on the Contact subpage or call the telephone number available on the Contact subpage.
4. In order to conclude a sales contract with the Seller, the Customer selects goods on the relevant subpages of the Store by selecting their pattern (model) and clicking the "Add to cart" button next to the goods selected by the Customer.
5. The goods in the basket are not yet ordered and the customer has the option of adding more goods to the basket, removing the goods there, and resigning from making purchases.
6. In order to continue placing the order, the Customer should click the "Order" button.
7. If the Customer does not have an Account, then at this stage he can create one or use the "without an Account" option, providing the e-mail address and data necessary to complete the order. If the Customer chooses the option of placing an order without creating an Account, to place an order, acceptance of the Regulations and the Policy is necessary.If the Customer has an Account, he should log in to it.
8. On the basket verification subpage, the customer can choose the payment method, place of delivery and add a discount code.
9. The goods indicated in the basket along with their quantity, prices, specification made by the Customer, and the selected method of delivery and payment along with their cost constitute an invitation addressed to the Customer by the Seller to the Customer to submit an offer to purchase these goods. Upon clicking the "I am ordering and paying" button, the Customer submits to the Seller an offer to conclude the above-mentioned contract. The seller sends an e-mail confirming receipt of the offer from the customer. In the next e-mail message, the Seller will inform the Customer about accepting or refusing to accept the Customer's offer. As soon as the Customer receives an e-mail from the Seller with information about the acceptance of the offer, a sales contract is concluded.
10. After clicking the "Order and pay" button, the customer will be redirected to the website of the entity implementing online payments, unless the customer has chosen otherwise. Payments are made on the basis of the regulations available on the website of the entity that realizes online payments. In the event of refusal to accept the Customer's offer, the payment made in advance is fully refunded to him within the statutory period.
11. The Seller reserves the right to withdraw from the order if the data provided by the Buyer make it impossible to complete the order (e.g. incomplete delivery address, e-mail address, first name and the name of the Buyer).
12. Payment is made electronically. The following payment methods are available: quick transfers and payment to the account.
13. The Seller waits 3 business days for the payment, after this date the order is canceled.
14. In order to confirm the order additionally, in particular to clarify any doubts regarding the given parameters, the Store may contact the Customer by phone or e-mail.
VI. ORDER FULFILLMENT AND DELIVERY
1. The estimated time of order fulfillment is available on the product card, before adding it to the basket, in the appropriate product description field.
2. The order processing time shown on the product card is the suggested average lead time, based on the lead time for previous orders for this product. The seller is not responsible for delays in implementation resulting from delays in the production and logistics chain beyond the control of the entity.
3. The customer has the right to cancel the order at the stage of its implementation before shipment in the event of an extension of the order or temporary shortage of stock, by sending an e-mail to the e-mail address provided on the Website.
4. The delivery is made by courier from the Seller's warehouse to the address indicated by the Customer. Pickup in person is not possible.
5. The customer is informed about the costs related to the delivery and the method of payment before submitting an offer for the purchase of goods in the basket.
6. The Seller informs the Customer about the expected date of delivery of the ordered goods and the status of the order in a separate e-mail.
7. The Seller is not responsible for delays in the delivery of the ordered items resulting from circumstances on the Buyer's side, such as an incorrectly provided shipping address or logistic incidents.
8. The sales document, in the case of orders placed via the Store, is a personal VAT invoice, generated automatically for each order.
9. If the invoice is to be issued to a legal person, the Customer is obliged to provide the necessary data of the entity to which the invoice is to be issued: full company name, registered office address, tax identification number.
10. The customer can check the condition of the shipment, open it and check the completeness of the order in the presence of the courier. In the event of irregularities, the Seller recommends drawing up a damage report.
VII. RETURNS OF GOODS
1. The customer has the right to withdraw from the sales contract concluded with the Seller, without giving any reason, within 14 days. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.
2. To exercise the right to withdraw from the contract, the Customer should inform the Seller about his decision to withdraw from the contract by means of an unequivocal statement by e-mail to the contact address provided on the Store's subpage.
3. The letter sent to the address of the Store should contain the Customer's first and last name, order number and scope of return, as well as the bank account number.
4. In order to meet the withdrawal period, the Customer must send information regarding the exercise of his right to withdraw from the contract before the withdrawal period expires.
5. The right to withdraw from the contract does not apply to contracts the subject of which is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs. This applies in particular to contracts the subject of which was the purchase of products made at the individual request of the customer and to contracts for the provision of services, if the entrepreneur has fully provided the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract.
6. In the event of withdrawal from the contract, the Seller shall reimburse the Customer for the total cost of the goods plus the gross expense of EUR 9 (representing the statutory maximum cost of returning the goods) no later than 14 days from the date of receipt of the product in the returnable package from the Customer. The seller will refund the payment only via bank transfer.
7. The customer should return the item to the Seller immediately, and in any case not later than 14 days from the date on which he informed about the withdrawal from the contract. The deadline is met if the Customer returns the item before the expiry of the 14-day period.
8. The customer bears the direct costs of returning the items.
9. The customer is responsible only for the reduction of the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
VIII. EXCHANGE OF GOODS
1. The customer has the right to replace the defective goods that were originally delivered to him under the order, within 14 days, for an identical goods free from defects. The deadline for replacing the goods expires after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.
2. In order to exercise the right to exchange the goods, the Customer should inform the Seller about his decision to replace the goods by means of an unequivocal statement by e-mail to the contact address provided on the Store's subpage.
3. The customer may use the model form for the exchange of goods, available on the Store's subpage, with a description and marking of the place where the defect occurs, but it is not obligatory.
4. To meet the deadline for replacing the goods, it is sufficient for the customer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract.
5. The right to replace the goods does not apply to contracts the subject of which is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs. This applies in particular to contracts the subject of which was the purchase of products made at the individual request of the customer or and to contracts for the provision of services, if the entrepreneur has fully provided the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur had performed the service will lose the right to withdraw from the contract.
6. In the event of a product replacement, the Seller shall send the Customer a new product, free from manufacturing defects, in accordance with the delivery time shown on the card of a given product in the Store, counted from the date of receipt of the defective product from the Customer. The exchange is only valid for the same product with the same SKU (same design and color).
7. The Customer should send the defective item back to the Seller immediately, and in any case not later than 14 days from the date on which he informed about the right to exchange. The deadline is met if the Customer returns the item before the expiry of the 14-day period.
8. The customer bears the direct costs of returning the defective item.
9. The customer is responsible only for the decrease in the value of the item resulting from using it in a different way than was necessary to establish the defectiveness of the item.
IX. COMPLAINT OF GOODS
1. Each item purchased in the Store may be advertised in accordance with the applicable provisions of the Civil Code regarding warranty, if within two years of its delivery to the Customer, a defect is found which constitutes its non-compliance with the contract.
2. A complaint may only be submitted by post, indicating the reasons for the complaint and the information necessary to identify the order. A complaint letter must be printed and attached to the package. The address for Complaints:
3. The goods under complaint should be sent back to the address provided on the Website in the Returns section.
4. The Seller will consider the complaint within 14 days and inform the Customer about the method of its settlement.
5. A complaint shall not be entitled in the event of natural wear of the components of the goods, gross negligence of the goods, mechanical damage and damage resulting from improper use of the goods or contrary to its intended use.
6. In the event of a positive response to the complaint submitted by post, the Customer will receive a refund of the incurred, intentional costs of sending the defective goods together with the payment for the goods.
7. If the complaint is not accepted, the goods will be returned to the Customer together with information about the unjustified complaint, about which the Seller will inform by e-mail to the address indicated in the attached Complaint Form.
8. The return of the goods, for which the complaint has been declared unjustified, is made at the Customer's expense, by courier with payment for the return shipment on delivery.
9. Complaints about plants are possible provided that the Buyer meets the following conditions:
- will send a photo of the plant to the CLAP Plants e-mail address (firstname.lastname@example.org) along with a note regarding reservations on the day of receiving the parcel
- plants transplanted to a new substrate, as well as those which have been trimmed, are not subject to complaint
1. If you want to know, how we protect your personal data in accordance with applicable law, visit the subpage:
XI. FINAL PROVISIONS
1. The Seller reserves the right to amend the Regulations. Any changes to the Regulations are effective from the date of their publication on the website of the Online Store www.clapplants.com
For the avoidance of doubt, changes to the Regulations do not affect Orders placed before the changes come into force.
2. If any of the provisions of these Regulations would be considered invalid, inconsistent with the law or unenforceable, it will be excluded from the provisions of these Regulations, which will continue to apply to the fullest extent permitted by law.
3. Any disputes arising from the implementation of the provisions of these Regulations, the parties will first try to settle by agreement. In the event of its absence, disputes are subject to resolution by a common court competent pursuant to the provisions of the Act of November 17, 1964, Code of Civil Procedure (Journal of Laws of 1964, No. 43, item 296, as amended).
4. In matters not covered by these Regulations, the provisions of Polish law, in particular the Civil Code, shall apply.