These Regulations are addressed to both Consumers and Entrepreneurs using the services of an online flower shop and define the rules of using it as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the irisflowers.pl store.
CONTACT THE SELLER:
1. PARKENTERTAINMENT Sp. z o. o. (KRS 0000896219, NIP 5272956146) with its registered office in Warsaw at ul. Grzybowska 45,
2. stationary point: ul. Krochmalna 54, 00-864 Warsaw
3. e-mail address for contact: ik@parkiris.io
4. telephone number: +48 517 237 777.
§1. Definitions
Whenever the following terms are mentioned in these Regulations, they shall be understood as follows:
1. ONLINE STORE – the website available at: www.irisflowers.pl together with all its subpages.
2. SELLER/SERVICE PROVIDER – PARKENTERTAINMENT Sp. z o. o. with its registered office in Warsaw at 45 Grzybowska Street, registered in the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Register under the KRS number 0000896219, NIP 5272956146, REGON 388769375, share capital PLN 5,000.
3. WORKING DAY – one day from Monday to Friday, excluding public holidays.
4. CUSTOMER/SERVICE RECIPIENT – a natural person with full legal capacity and, in cases provided for by generally applicable provisions, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales agreement via the Online Store.
5. CONSUMER – a natural person concluding a legal act with the Seller that is not directly related to his or her business or professional activity.
6. ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf, which uses the Store.
7. PRODUCT – means a movable item, in particular in the form of flowers, ornamental plants or decorative elements, included in the assortment of the Online Store, which are the subject of sale under the Sales Agreement concluded by the Customer with the Seller.
8. SALES AGREEMENT – concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood to mean – depending on the features of the Product – a service agreement and a contract for specific work.
9. DISTANCE CONTRACT – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (within the Online Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
10. ORDER – a declaration of will of the Customer submitted using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
11. ORDER FORM – an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. CART – an element of the online store software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. ORDER PROCESSING TIME – the time within which the order placed by the Customer of the Online Store will be completed, packed, stamped by the Seller and forwarded for delivery by the form of delivery chosen by the Customer.
14. BOUQUET CONCIERGE – a service consisting in creating, together with the Client, a calendar of important dates for him/her, on which the Seller will deliver a previously agreed bouquet of flowers to persons indicated by the Client.
15. FLOWER SUBSCRIPTION – a service consisting of the cyclical delivery of flowers to the Customer, i.e. 2 or 4 times a week.
16. GREENING – comprehensive plant selection and maintenance service.
17. ELECTRONIC MEANS – provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2020, item 344).
18. REGULATIONS – these regulations, available at www.irisflowers.pl/regulamin.
19. CIVIL CODE – Act of 23 April 1964, the Civil Code (Journal of Laws 2022, item 1360, i.e. of 2022.06.29).
20. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287).
21. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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.
§2. GENERAL PROVISIONS
1. The Online Store is made available to Internet users free of charge. Starting to use the Online Store, including services provided electronically, is tantamount to agreeing to the terms and conditions presented in these Regulations. Therefore, please read its terms and conditions carefully.
2. On the Website under the name irisflowers.pl services are provided by PARKENTERTAINMENT Sp. z o. o. with its registered office in Warsaw at 45 Grzybowska Street, registered in the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Register under the KRS number 0000896219, NIP 5272956146, REGON 388769375, Share capital PLN 5,000.
3. The Regulations are addressed to Customers, Consumers and Entrepreneurs using the Online Store.
4. These Regulations are also the Regulations for the Provision of Services by Electronic Means within the meaning of art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020.344, i.e. of 2020.03.03).
5. The Customer concludes an agreement with the Seller for the provision of electronic services consisting in the sale of:
a. flowers,
b. flower subscription,
c. bouquet concierge services,
d. greening services,
– in accordance with the principles set out in these Regulations.
6. The condition for using the services provided by the Online Store is the Customer's consent to the processing and use of his/her personal data for the purpose of implementing the concluded Agreement.
7. The Agreement for the Provision of Electronic Services consisting in enabling the placement of an Order in the online store is concluded for a fixed period of time and is terminated when the Order is placed or when the Service Recipient ceases to place it.
8. The Service Provider enables the use of the Electronic Service via the Online Store, which is the conclusion of Product Sales Agreements.
9. The provision of the Electronic Service to Service Recipients via the Online Store takes place under the terms and conditions specified in these Regulations.
10 The Service Provider has the right to place advertising content on the website under the name www.irisflowers.pl. This content constitutes an integral part of the website www.irisflowers.pl and the materials presented therein.
§3. SUBJECT OF THE AGREEMENT
1. Through the Online Store, the Customer may purchase the Product(s) in the form of:
a. flowers,
b. flower subscription,
c. bouquet concierge services,
d. greening services.
2. Due to the nature of the Products offered and the seasonality of some flowers, the final Product may differ slightly from the one shown in the photo. The Seller undertakes to maintain the color, pattern and size of the selected Product.
§4. FLOWER SUBSCRIPTION
1. A flower subscription is a cyclical delivery of flowers as part of the purchased service.
2. The Flower Subscription service lasts one month from the moment of ordering.
3. The customer can choose delivery 2 times a month or 4 times a month.
4. Flower deliveries under the Subscription take place every Wednesday.
5. The customer can choose a delivery time between 10:00 and 20:00.
6. After selecting the Flower Subscription service and placing an order via the e-mail address provided by the Customer or by phone, the Seller will contact the Customer to determine preferences and reservations regarding the flowers.
§5. BOUQUET CONCIERGE SERVICE
1. When ordering the Bouquet Concierge Service, the Customer creates, together with the Seller, a calendar of dates that are important to the Customer, on which the Seller undertakes to deliver a bouquet of flowers to the person indicated by the Customer.
2. The service is ordered via a form in which the customer must provide a telephone number, e-mail address and accept the Terms and Conditions and Privacy Policy.
3. The Customer provides the Seller with the necessary data of the person (name and telephone number) to whom the bouquet is to be delivered.
4. On the day of delivery, the Seller will contact the person indicated by the Customer to determine the exact date and place of delivery of the bouquet.
§6. GREENING
1. The Greening Service consists in the Seller providing comprehensive service in the selection and maintenance of plants.
2. The service is ordered via a form in which the Customer must provide a telephone number, e-mail address and accept the Terms and Conditions and Privacy Policy.
3. As part of the Greening service, the Seller's experts come to the Customer and, based on the Customer's expectations, prepare proposals for the arrangement of the green space.
§7. SERVICE
1. The online store is available all year round – 24 hours a day/7 days a week. The Seller reserves the right to service breaks. The Service Provider will, to the extent possible, inform about service breaks and their duration through available means of distance communication, in particular messages on the website www.irisflowers.pl.
2. In accordance with these Regulations, the Service Provider requires persons using the Online Store to meet certain technical conditions that enable the proper use of the Website www.irisflowers.pl, i.e.:
a. Internet access,
b. the latest version of the following web browsers: Chrome, Edge, Firefox, Safari;
c. possession of a terminal device – a computer, laptop, tablet – enabling access to the Internet, equipped with an efficient operating system,
d. having an active e-mail account,
e. having an active mobile phone number.
3. The Service Provider does not provide the technical conditions indicated above, the Service Recipient bears all costs related to providing technical conditions, in particular the costs of Internet access.
4. The Service Provider is not liable:
a. for the content or accuracy of data and information entered by the Customer on the Website,
b. for the content and accuracy of data and information entered by the Client into forms and other documents generated using the Website.
5. Pursuant to Article 8, paragraph 3, point 2, letter b) of the Act on the provision of services by electronic means, it is prohibited to place illegal content on the Website.
6. In accordance with art. 14 sec. 1 of the Act on the provision of services by electronic means, in the event of receiving an official notification or obtaining credible information about the unlawful nature of data placed on the www.irisflowers.pl Website by the Service Recipient, the Service Provider shall immediately prevent access to such data. In the event that the Service Recipient places unlawful data on the www.irisflowers.pl Website, the Service Provider shall be entitled to immediately block the Service Recipient's access to the www.irisflowers.pl Website and to demand compensation for damage resulting from such violations.
7. The Service Provider has the right to delete the Service Recipient's data if it violates the law or the rights of third parties. Before deleting the data, the Service Provider will allow the Service Recipient to clarify the above-mentioned doubts within 7 days.
8. The website www.irisflowers.pl uses cookies. Detailed information about the types and purposes of cookies used can be found in the Cookies Policy at: www.irisflowers.pl/privacy.
9. The Service Provider will exercise due diligence to ensure that the use of the www.irisflowers.pl Website is correct. However, it does not guarantee that there will be no problems with access to the content presented on the www.irisflowers.pl Website. Such cases, along with their detailed description, should be reported to the following address: ik@parkiris.io.
10. The Service Provider informs that technical problems or technical limitations occurring on the equipment used by the Customer (firewalls, inappropriate versions of the Internet browser, antivirus programs and others) may limit or prevent the Customer's access to the services offered on the Website www.irisflowers.pl.
11. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is indicated in § 12 of the Regulations) may be submitted by the Service Recipient to the following address: atelier@irisflowers.pl.
12. The Service Recipient should provide the following information in the complaint description:
a. information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity,
b. the Service Recipient's requests,
c. contact details of the person submitting the complaint.
13. Providing the information indicated in point 12 will facilitate and speed up the consideration of the complaint by the Service Provider. However, failure to provide the above information does not affect the effectiveness of complaints submitted omitting the recommended description of the complaint.
14. The Service Provider will respond to the submitted complaint immediately, no later than within 14 days from the date of its submission.
§8. ORDER PROCESS
1. Browsing the Online Store's assortment and placing Orders does not require creating an account.
2. Placing an Order is possible after providing the necessary personal and address data of the Customer: i.e. Customer's name and surname, Customer's e-mail address, Customer's telephone number, address (street, house/apartment number, postal code, city) and data concerning the Sales Agreement and enabling the execution of the Order, i.e. Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment.
3. Prices in the Online Store are given in Polish zloty, are gross prices (include VAT) and are valid at the time of placing the Order.
4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery. The Customer is informed about all costs on the Online Store's website during the placement of the Order, including the moment of expressing the will to be bound by the Sales Agreement.
5. If the amount of the fees indicated in point 4 above cannot be determined – the Customer is informed about the obligation to pay them on the online store's website during the order placement, including when the Customer expresses his or her will to be bound by the sales contract.
6. Orders placed before 6:00 p.m. will be processed no sooner than the next business day between 10:00 a.m. and 8:00 p.m.
7. Fulfillment on the day of placing the Order requires separate arrangements (preferably by phone) or directly at the stationary Store at ul. Krochmalna 54, 00-864 Warsaw.
8. In a situation where the nature of the subject of the contract does not allow for prior calculation of the final price (e.g. in the event of the execution of the Order from flowers selected on an individual order), information about this fact will be provided in the Online Store in the Product description. In such a situation, the execution of the order requires separate arrangements (preferably by phone) or directly in the stationary Store at ul. Krochmalna 54, 00-864 Warsaw.
9. To place an Order you must:
a. go to the Online Store at www.irisflowers.pl,
b. select the Product that is the subject of the Order, including indicating the number of flowers in the bouquet,
c. click the "Add to Cart" or "Order" button,
d. indicate the number of Products purchased,
e. complete the Order Form by entering the appropriate personal and address data,
f. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period.
§9. TERMS OF PROVISION AND CONCLUSION OF THE SALES AGREEMENT
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 8 of these Regulations.
2. The Seller shall immediately after the Customer places the Order confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which shall contain at least the Seller's declarations of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement shall be concluded between the Customer and the Seller.
3. The Seller is obliged to deliver to the Consumer a Product in accordance with the Agreement.
4. The content of the concluded sales agreement is recorded, secured and made available to the customer by making these regulations available on the website of the Online Store and by sending an e-mail message to the customer.
§10. DELIVERY METHODS AND PAYMENT TERMS
1. Payment for the Product is made using one of the cashless payment methods available on the Website (e.g. transfer to the Seller's bank account, Blik or payment by card) and supported by a licensed payment operator.
2. The Customer makes the payment before the Order is processed, i.e. when placing the Order and selecting the payment method, the Customer will be redirected to the page where the payment will be made.
3. Delivery of the product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport and delivery fees) are indicated to the Customer on the Online Store website during the order placement, including when the Customer expresses their will to be bound by the Sales Agreement.
4. The Customer may use the following methods of delivery or collection of the ordered Product:
a. personal collection of the order at one of the two Iris Flowers collection points during their opening hours:
– Browary Warszawskie, ul. Krochmalna 54, 00-864 Warsaw, Monday to Saturday 10:00 a.m. - 8:00 p.m., Sunday 10:00 p.m. - 7:00 p.m.
– island in the Westfield Arkadia Shopping Centre, Aleja Jana Pawła II 82, 00-175 Warsaw, Monday to Saturday from 10:00 a.m. to 10:00 p.m.
b. deliveries to the specified address in the capital city of Warsaw during the opening hours of Iris Flowers points listed in subsection 4a, with a minimum order value of PLN 250, the delivery cost is PLN 25.
c. deliveries to a specified address up to a maximum of 10 km outside the capital city of Warsaw during the opening hours of Iris Flowers points listed in subsection 4a, with a minimum order value of PLN 250, the delivery cost is PLN 50.
d. deliveries to the indicated address in the capital city of Warsaw outside the opening hours of Iris Flowers points listed in sub-item 4a, with a minimum order value of PLN 250, the delivery cost is PLN 50. Deliveries are made on the days and hours listed in sub-item 8 §10.
e. deliveries to the indicated address up to a maximum of 10 km outside the capital city of Warsaw outside the opening hours of Iris Flowers points listed in sub-item 4a, with a minimum order value of PLN 250, the delivery cost is PLN 100. Deliveries are made on the days and hours listed in sub-item 8 §10.
5. The product will be shipped only after payment has been made.
6. Delivery is only possible for Orders exceeding PLN 250 gross within the Capital City of Warsaw and up to 10 km outside the Capital City of Warsaw.
7. The date of delivery of the product to the customer is agreed each time with the customer as to the specific day and hour, taking into account § 8 point 6 of these Regulations.
8. It is possible to deliver outside the Seller's working hours, i.e.:
a. from Monday to Friday from 8:00 to 10:00 a.m. and from 8:00 to 10:00 p.m.,
b. no deliveries take place on Sundays.
9. Delivery outside the Seller's working hours specified in point 8 above is subject to an additional fee, and its cost is specified in sub-point 4 of §10.
§11. COMPLAINTS AND WITHDRAWAL FROM THE CONTRACT
1. The basis and scope of the Seller's liability towards the Customer who is a Consumer for the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014, as amended.
2. The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code Act of 23 April 1964, as amended.
3. The Seller is liable to the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that time. The period for exercising the rights under the warranty begins on the day on which the Customer learned of the existence of the defect, and if the Customer learned of the existence of the defect only as a result of a third party claim - from the day on which the judgment issued in the dispute with the third party became final.
4. The Seller is obliged to deliver the Product to the Customer free from defects.
5. A complaint may only be submitted by the person who ordered the product.
6. A necessary condition for the Seller to consider a complaint is for the Customer to provide the complained product or products or send a photo together with a description of the complaint, or arrange a date with the Seller to inspect the complained goods.
7. In the event of a complaint, it may be submitted by the Customer in electronic form via e-mail to the following address: atelier@irisflowers.pl.
8. The customer should provide the following information in the complaint description:
a. information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity,
b. Customer's requests,
c. contact details of the person submitting the complaint.
9. Providing the information indicated in point 6 will facilitate and speed up the consideration of the complaint by the Seller. However, failure to provide the above information does not affect the effectiveness of complaints submitted without the recommended description of the complaint.
10. The Seller will respond to the submitted complaint immediately, no later than within 14 days from the date of its submission.
11. In the event of a complaint from a Customer who is a Consumer, failure to consider the complaint within 14 days of its submission shall be tantamount to its acceptance.
12. After submitting a complaint, the Seller will explain it and propose a possible solution.
13. In connection with a justified complaint from a Customer who is a Consumer, the Seller shall:
a. covers the costs of repair or replacement and re-delivery of the Product to the Customer,
b. reduces the price of the Product (the reduced price must be in proportion to the price of the goods in accordance with the contract to the goods incompatible with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receiving the declaration of price reduction from the Consumer,
c. in the event of withdrawal from the contract by the Consumer – the Seller shall return the price of the Product no later than within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller's expense.
14. The Seller shall not be liable to the Customer who is a consumer for the fact that the sold product does not have the properties resulting from public assurances (of the seller, manufacturer and other persons introducing the product to the market), if the Seller was not aware of these assurances or, judging reasonably, could not have been aware of them or they could not have influenced the Customer's decision to conclude the Sales Agreement, or when their content was corrected before the conclusion of the Sales Agreement.
15. If the sold product has a defect, the Customer may request the exchange of the product for a defect-free one or the removal of the defect. The Store is obliged to exchange the defective product for a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Store may refuse to satisfy the Customer's request if bringing the defective product into compliance with the sales contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the second possible way of bringing the defective product into compliance with the sales contract (price reduction, refund).
16. If the sold Product has a defect, the Customer may submit a declaration of a price reduction or withdrawal from the sales contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective product with a defect-free one or removes the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the product with a defect-free one or remove the defect. The reduced price should remain in such proportion to the price resulting from the sales contract that the value of the product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the sales contract if the defect is insignificant.
17. If only some of the products sold are defective and can be separated from the defect-free products without damage to either party, the Customer's right to withdraw from the contract is limited to the defective products.
18. A consumer who has concluded a distance contract may withdraw from it within 14 days without giving any reason and without incurring any costs, with the exception indicated in § 12 point 29 of the Regulations. The beginning of the 14-day period in the case of a sales contract:
a. a single Product – should be counted from its receipt by the Consumer or a person indicated by him,
b. covering multiple goods that are delivered separately, in batches or in parts – to be counted from the receipt by the consumer of the last good, batch or part,
c. consisting in the regular delivery of goods over a specified period of time – the commencement of the period depends on the date on which the consumer receives the first goods.
19. To meet the deadline specified in point 11, it is sufficient to send the declaration before its expiry. The declaration of withdrawal from the contract should be submitted in electronic form via e-mail to the following address: atelier@irisflowers.pl
20. An example of a withdrawal form template is included:
a. in Annex No. 2 to these Regulations,
b. in the annex to the Act of 30 May 2014 on Consumer Rights,
– The consumer may use the above-mentioned sample forms, but this is not obligatory.
21. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
22. If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
23. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall return the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the return of payments received from the consumer until the Product is received back or the consumer provides proof of its return, depending on which event occurs first.
24. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, to the address atelier@irisflowers.pl. To meet the deadline, it is sufficient to return the Product before its expiry. It is possible to return the Product in person to the above address, after prior arrangement of the terms with the Seller.
25. The Consumer is liable for any reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
26. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
27. If, due to the nature of the Product, it cannot be returned by regular post, information about this, as well as the costs of returning the Product, will be included in the Product description in the Online Store.
28. At the time of withdrawal by the consumer from the distance contract, the related additional contracts concluded by the Customer expire, if on their basis the service is provided by the entrepreneur or a third party based on an agreement with the entrepreneur (e.g. consumer credit). The Seller informs this person about the Customer's withdrawal from the contract. The Customer does not bear the costs related to the expiry of these contracts, with the exception of the costs specified in Article 33, Article 34 paragraph 2 and Article 35 of the Consumer Rights Act.
29. The right to withdraw from a contract concluded away from business premises or at a distance does not apply to the consumer in relation to a contract:
a. where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet his individual needs,
b. where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
c. where the subject of the service is an item that spoils quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Agreement,
e. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement expires,
f. where the subject of the performance are items which after delivery, due to their nature, are inseparably connected with other items,
g. where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations beyond the Seller's control,
h. where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract expires and after the Seller informed him of the loss of the right to withdraw from the Contract.
30. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a Consumer is excluded.
31. In the case of Service Recipients who are not Consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate declaration to the Service Recipient.
32. In the case of Customers who are not Consumers, the right to withdraw from the contract does not apply.
33. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both within the scope of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the agreement and is not liable for lost profits towards the Service Recipient/Customer who is not a consumer.
§12. INTELLECTUAL PROPERTY OF THE SERVICE CONTENT
1. All rights to the www.irisflowers.pl Website are reserved (unless otherwise stated). The reservation of rights covers both the content of the website - its text and graphic elements, as well as the design and layout of individual pages of the service. The use of the Website by Service Recipients does not involve the transfer to them of any property copyrights to texts, works, markings or databases located on the www.irisflowers.pl Website.
2. In relation to the content and works contained on the Website www.irisflowers.pl, the Service Provider grants users a non-exclusive, non-transferable license to use the content and works in the following fields of exploitation:
a. permanent or temporary reproduction of the works in whole or in part by any means and in any form, including printing, reprographic, magnetic recording and digital techniques, in particular entering into the RAM, magnetic, magneto-optical or optical memory of computers and other technical devices, to the extent necessary to use the content and works in a manner resulting from their nature and purpose and the manner of publication on the Website.
3. With respect to the content and works posted on the Website www.irisflowers.pl, the Service Recipient is obliged to comply with the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2022.2509, as amended), the Act of 16 April 1993 on Combating Unfair Competition (Journal of Laws 2022.1233, as amended) and the Act of 30 June 2000 - Industrial Property Law (Journal of Laws 2021.324, as amended).
4. The Service Provider notes that any copying, modification or transmission of all or part of the www.irisflowers.pl Website, to the extent that it is not necessary for the normal use of the www.irisflowers.pl Website, without the written consent of the Service Provider is prohibited.
§13. GDPR
1. All rights to the www.irisflowers.pl Website are reserved (unless otherwise stated). The reservation of rights covers both the content of the website - its text and graphic elements, as well as the design and layout of individual pages of the service. The use of the Website by Service Recipients does not involve the transfer to them of any property copyrights to texts, works, markings or databases located on the www.irisflowers.pl Website.
2. In relation to the content and works contained on the Website www.irisflowers.pl, the Service Provider grants users a non-exclusive, non-transferable license to use the content and works in the following fields of exploitation:
a. permanent or temporary reproduction of the works in whole or in part by any means and in any form, including printing, reprographic, magnetic recording and digital techniques, in particular entering into the RAM, magnetic, magneto-optical or optical memory of computers and other technical devices, to the extent necessary to use the content and works in a manner resulting from their nature and purpose and the manner of publication on the Website.
3. With respect to the content and works posted on the Website www.irisflowers.pl, the Service Recipient is obliged to comply with the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2022.2509, as amended), the Act of 16 April 1993 on Combating Unfair Competition (Journal of Laws 2022.1233, as amended) and the Act of 30 June 2000 - Industrial Property Law (Journal of Laws 2021.324, as amended).
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