Terms and conditions of use Arboseed store
The Arboseed.eu online store, operating at www.arboseed.eu, is run by an entity called "DlaWas.Net, Rafał Rynkiewicz" with its registered office in Józefów, at ul. Leśna 54Y (05-119 Józefów), entered into the register of entrepreneurs in the database of the Central Registration and Information on Economic Activity of the Republic of Poland, NIP 522-267-48-88, REGON 140697024.
Contact with the Store is possible via e-mail at hello@arboseed.eu
The regulations have been drawn up in Polish. In the event that the regulations are made available for information purposes in another language, the binding version will always be the Polish version.
Summary of terms used
Store - online store operating at www.arboseed.eu, through which the sale of products via the Internet is conducted by the entity DlaWas.Net.
Working days - all days of the week from Monday to Friday, excluding public holidays;
Customer - a natural person with full or limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, making purchases in the Store;
Consumer - a Customer who is a natural person within the meaning of art. 221 of the Act of 23 April 1964 - the Civil Code (Journal of Laws of 2014, item 121, as amended), i.e. a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity;
Customer Account - a set of information about the Customer stored in the Store's IT system allowing for the identification of the Customer for the purpose of handling orders, future use of data by the Customer for re-placing orders, for reviewing the history of purchases made by the Customer, verification of the status of the processed order. Optionally, after the Customer has expressed consent to the contact details, marketing communication may be directed.
Newsletter - commercial information about new goods, promotions, changes in the Store and services available in the Store sent electronically.
Traditional transfer - payment made by the Customer in a bank through an online or stationary account or at the post office. Payment made before the order is fulfilled (prepayment).
Electronic transfer - payment made by the Customer from an online bank account, via online payment systems. Payment made before the order is fulfilled (prepayment).
Credit card payment - payment made by the Customer using a credit card, via online payment systems. Payment made before the order is fulfilled (prepayment).
Cash on delivery (cash on delivery) - payment made by the Customer when receiving the order from the courier or at the order collection point.
Regulations - these regulations for the provision of services by electronic means (Store regulations).
I. Acceptance and execution of orders
1. The Store sells products and services via the Internet. The Store publishes information about the products on the arboseed.eu website. The offer is subject to ongoing updates.
2. Orders from Customers are accepted via the arboseed.eu website 7 days a week, 24 hours a day. The Store Owner makes every effort to ensure that the technical infrastructure of the Store allows for the presentation of products and the possibility of placing an order.
3. To make purchases in the Online Store, it is necessary to have an active e-mail account. Correspondence regarding the order process will be sent to the e-mail address provided by the Customer. This includes information about changes in the order status.
4. In the event that the Customer provides an incorrect e-mail address (return information after sending a message about a non-existent e-mail address, blocked account, etc.) or an unreachable one (recipient's mailbox full, etc.), the Store staff has the right to refuse to process the order due to the inability to contact the Customer.
6. In order to delete the Customer Account, the Store must be informed in writing or by e-mail of the intention to delete it.
7. Information about products constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. By sending an order to the Store, the Customer makes an offer to conclude a contract for the sale of ordered products with the Store. Each payment made by the Customer - with the exception of payment made upon receipt of the order - constitutes, until the Store sends a confirmation of acceptance of the order for execution, an advance payment for the execution of the order.
As a result of the order placed by the Customer, the Store sends to the Customer a summary of the order made by the Customer to the e-mail address provided by the Customer. Confirmation of acceptance of the order for execution will be sent to the e-mail address provided by the Customer, constituting a declaration of acceptance of the offer referred to above. Confirmation of acceptance of the order is made by setting the payment acceptance status by the Store staff and sending an e-mail confirming this fact, which occurs after posting the payment of the correct amount due for orders paid in advance, and for orders paid upon receipt at the moment of assigning the status of preparing the goods or the status of sending the shipment in the order. At this moment, the sales agreement between the Store and the Customer is considered concluded.
8. By entering into a sales agreement with the Store and accepting the provisions of the Regulations, the Customer consents to the issuing and making available of invoices by the Store in electronic form, in accordance with art. 106n section 1 of the Act of 11 March 2004 on the tax on goods and services (Journal of Laws of 2004, No. 54, item 535, as amended).
9. Consent to the provision of invoices in electronic form is tantamount to resignation from receiving invoices in paper form. However, the Customer's acceptance of the issuing and sending of invoices in electronic form does not exclude the Store's right to issue and send invoices in paper form. In the event of the Customer's objection expressed in writing or via e-mail, the Store will provide the Customer with an invoice in paper form, forwarding it separately to the address to which the invoice is to be issued.
10. The Store will issue an invoice no earlier than at the time of shipment of the order from the warehouse. Each invoice in electronic form will be made available to the Customer via e-mail to the e-mail address provided by the Customer when placing the order or setting up the Customer Account.
11. In the event that it is impossible to complete all or part of the order, the Store will notify the Customer of this fact no later than 30 days from the date of receipt by the Customer of the specification indicated in section 7 above. The notification will be sent to the e-mail address provided by the Customer in the order form.
12. In the event that it is impossible to complete part of the order referred to in section 11 above, the Customer is informed about the status of the order and makes a decision on the method of its execution. The Store waits for the Customer's decision for 24 hours, counting from the moment of sending the e-mail message requesting a decision. In the absence of a decision from the Customer, the Store will cancel the unavailable item from the order and send the product or products that are reserved for him.
13. If the entire order cannot be fulfilled, the Store will cancel the order, the Customer will receive information in accordance with paragraph 11 above.
14. If the order has been paid for by the Customer and has been canceled in whole or in part, the Store will refund the amount of the canceled products or, in the case of cancellation of the entire order, the amount of the entire order, in accordance with the principles described in Chapter VIII. Refund to Customers.
15. In the event of failure to pay for the product covered by the order within 7 days from the date of confirmation of acceptance of the order for execution, as referred to in paragraph 7 above, the Store will cancel the placed order, about which the Customer will be informed by sending a message to the e-mail address provided by the Customer.
16. In the event that the Customer pays for part of the order, the money paid will be returned to his account number or card - in accordance with the principles described in Chapter VIII. Refunds to Customers.
17. A limited number of products are intended for promotional sales and clearance sales. Orders are fulfilled in the order in which orders are received, until the stocks covered by this form of sale in the Store's warehouse are exhausted.
II. Accepting change orders related to orders
1. The customer can make changes to the order or cancel it until the order is prepared for shipping. The current order status is available after logging in to the Customer Account (My account) in the "order history" tab.
2. Modifications regarding the delivery address and containing refund instructions will only be accepted via the contact form after logging in to the Customer Account (My account) or after receiving an e-mail from the address consistent with the e-mail address provided when registering the Customer Account or placing the order.
III. Product prices
1. All product prices posted on the Store's website:
a) are given in Polish zloty in the Polish language version of the store, and in the English language version of the store, approximate prices in other currencies are given in accordance with the average NBP exchange rate for these currencies from the last time of updating exchange rates in the Store's IT system,
b) include VAT,
c) do not include costs related to possible customs duties,
d) do not include delivery costs.
2. The Store reserves the right to conduct promotional campaigns, sales and introduce changes to them in accordance with the regulations in force in this respect, as well as to make changes to the prices of products.
3. Promotions in the Store cannot be combined, unless the promotion regulations provide otherwise.
IV. Order fulfillment time
1. Order processing time is the time that elapses from the acceptance of the order for processing
to the moment the order is transferred from the Store to the carrier carrying out the delivery - only Business Days are taken into account. An order for products with different processing times is sent after completing all available products of the order. The deadline for completing the package is determined based on the product with the longest processing time.
2. The current status of the order is available after logging in to the Customer Account ("My account") in the "order history and details" tab.
3. Checking the condition of the shipment and determining the nature of the violation or destruction of the packaging made in the presence of the courier or postal employee, including drawing up a damage report, will allow the Store to consider the complaint.
V. Payment methods, delivery methods and commencement of order fulfilment
1. The Customer may choose the following payment methods for ordered products with delivery within Poland:
a) payment on delivery (cash on delivery) - order processing begins after the order placement process is completed,
b) payment in advance (prepayment) in one of the payment systems accepted by the Store - order processing begins after the Store receives confirmation of the correct execution of the operation from the payment operator, in the case of a bank transfer - after the payment has been credited to the Store's bank account.
For customers ordering the shipment of goods outside Poland, only payment methods in advance are possible, in the form of prepayment within the payment methods described above in subsection b.
2. Delivery of goods takes place in the manner chosen by the Customer and specified in the order.
3. The list of available payment methods and methods of delivering orders may change due to the possibility of the Store changing payment intermediaries and companies offering the delivery of goods. The current applicable list of payment methods and delivery methods is available at the stage of defining the order by the customer in the so-called shopping basket.
4. Depending on the type of products ordered, payment methods and especially delivery methods may and usually will differ. They may change during the completion of the order by the Customer after modification of the ordered products (both after changing the quantity and selection of products).
VI. Complaints
1. The Store complies with the obligation to deliver products without defects. It exercises due diligence in creating product descriptions with photos. In particular, in the description of possible defects (especially in the last copies of products). At the Customer's request, it is possible to send additional photos by e-mail in order to better present the product before making a purchase decision.
2. In the event of finding a defect in the product and the Consumer exercising the rights resulting from the warranty, the Consumer is in particular entitled to file a complaint within 2 (two) years from the date of delivery of the product and 1 (one) year from the date of finding the defect in the product. Complaints may be submitted in writing by sending an e-mail to the Store's address. Under the terms specified in the Civil Code, the Consumer may request:
a) replacement of the product with a defect-free one,
b) reduction in the price of the product,
c) or may withdraw from the sales contract.
3. The Store is exempt from liability under the warranty for defects if the Customer knew about the product defect at the time of concluding the sales agreement with the Store. The description of the product defect will be indicated on the product page each time.
4. The Store will immediately, but no later than within 14 days from the date of receipt of the shipment with the complained product, respond to the submitted complaint and inform the Customer about further proceedings.
5. In the case of sale of the product in trade between entrepreneurs on the basis of art. 558 § 1 of the Civil Code, the parties exclude the Store's liability under the warranty for physical and legal defects of the item, in particular they agree that it is not liable for any hidden defects of the item sold.
VII. Right of withdrawal
1. In accordance with the Consumer Rights Act, a Customer who is a Consumer may withdraw from the contract without giving a reason within 14 (fourteen) days from the date of receipt of the shipment.
2. The Consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract. The declaration may be submitted by sending an e-mail to the Store's address.
3. The Consumer is obliged to return the product to the Store immediately, no later than within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to return the product before its expiry.
4. The Consumer shall bear the direct costs of returning the purchased items.
5. Products should be returned in an unchanged state, unless the change was necessary within the limits of ordinary management, i.e. the Consumer should handle the product taking into account the need for its possible later return. The Consumer is liable for the reduction in the value of the item resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the item. Defining the special rules for specific products offered by the Store - plant pots returned in the complaint process should be packed with special care and sent via a courier company or returned in person with a designation of the fragility of the product, so that upon return delivery to the Store they are still an undamaged, full-value product. Plants sent as part of returns should be sent at the beginning of the week on Monday and Tuesday.
6. The Store shall refund the amount due for the returned product within 14 (fourteen) days from the date of receipt of the declaration of withdrawal from the contract from the Consumer, in accordance with the principles described in point VIII of the Regulations. Under the principles set out in the Consumer Rights Act, the Store may withhold the refund of payments received from the Consumer until the item is received back or the Consumer provides proof of its return, depending on which event occurs first.
VIII. Refunds to Customers
1. In the event of circumstances requiring the Store to return the amounts paid by the Customer to the Store, such return shall be made within the following deadlines:
a) in the case of a complaint within 14 days from the date of its acceptance by the Store;
b) in the event of the Consumer withdrawing from the agreement within the deadline specified in Chapter VII, point 6 of the Regulations;
c) in the event of order cancellation within 14 days from the date of its cancellation.
2. The payment shall be returned using the same method of payment that the Consumer used when making the payment for the order. In the event that the Consumer paid for the order upon receipt, the money shall be returned to the bank account number provided by the customer in an e-mail message in which the Consumer simultaneously consents to such a form of payment return.
3. In the event of withdrawal from the contract by the Consumer in accordance with the provisions of point VII of the Regulations, if the Consumer has chosen a method of delivery of the goods by the Store other than the cheapest method of delivery offered by the Store, the Store shall refund the cost of delivery of the order to the Consumer in the amount of the cheapest possible method of delivery offered by the Store for these products.
4. The Store shall not be liable for failure to make a refund or its delay, if this was due to the Customer providing incorrect personal data (name, surname, address) or an incorrect account number.
5. In the event of issuing a correction invoice, the invoice shall be issued by the Store at the time of refund to the Customer's account. The invoice shall be sent to the Customer electronically to the e-mail address provided when placing the order and posted on the arboseed.eu website in the Customer Account, in the details of the order to which the correction invoice relates.
IX. Personal data
1. By placing an order in the Store, the Customer agrees to place their personal data in the DlaWas.Net company database and to process them for the purposes of fulfilling the sales contract. Providing personal data by the Customer is voluntary, however, failure to consent to their processing prevents the Store from fulfilling the order. The Customer is liable for providing false personal data.
2. The administrator of personal data is DlaWasNet with its registered office in Legionowo, at ul. Lubeckiego 7 (05-120 Legionowo), NIP 522-267-48-88, REGON 140697024.
3. Personal data are protected in accordance with the Act of 29 August 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended) in a way that prevents third parties from accessing them.
4. Shop Customers have the right to view their personal data, correct it and request its deletion.
X. Newsletter
1. In the event that the Customer gives additional consent, their personal data will be processed by the Store for the purpose of sending the Newsletter containing commercial information about new goods, promotions and services available in the Store.
2. The Newsletter will be sent to:
a) e-mail address
and/or
b) telephone number
provided by the Customer during the registration process in the Store or in the form enabling the subscription to the Newsletter.
3. The Customer may at any time resign from receiving the Newsletter independently, by unchecking the appropriate box in the "My account" tab in the "My personal information" section or by submitting an e-mail.
XI. Final Provisions
1. The sales agreement is concluded between the Customer and DlaWas.Net based in Legionowo.
2. The Store is not responsible for blocking by mail server administrators of sending messages to the e-mail address indicated by the Customer and for deleting and blocking e-mail messages by software installed on the computer used by the Customer.
3. The Store is not responsible for errors in handling the order or other instructions of the Customer, resulting from the provision of incorrect data by the Customer.
4. The Store uses cookies to observe the methods of using the arboseed.eu website. The types of cookies used by the Store are:
a) Session cookies - they only work while browsing the arboseed.eu website, thus enabling their proper functioning.
b) Persistent cookies - they remain on the computer after visiting the arboseed.eu website.
c) Third-party cookies - they allow the displayed page to be adjusted to the Customer's preferences.
d) ensuring stable and safe operation of the online store,
e) creating statistics on the viewing of subpages of the arboseed.eu website
The Customer may use the arboseed.eu website without using the cookie mechanism, but this may mean that some functions or services of the Store will not function properly. If the Customer does not consent to the use of cookies, they should, at any time, select the option to reject cookies or signal their transmission in the browser settings.
5. Any disputes between the Customer and the Store will be submitted to the competent court in accordance with the Act of 17 November 1964 - the Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
6. The Customer has the option of using out-of-court, alternative dispute resolution methods (so-called ADR), requesting mediation or resolving the dispute to the Permanent Consumer Arbitration Court. The Customer may submit an application to the relevant Provincial Inspectorate of Trade Inspection. Detailed information, contact details and a list of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. The Customer may file their complaint, for example, via the EU online platform ODR (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/
7. In matters not regulated in the Regulations, the provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act and the Act on the provision of services by electronic means.
8. The Regulations shall apply from 15 June 2016.
9. The Store reserves the right to change the Regulations. Any changes to the Regulations come into effect on the date indicated by the Store, no shorter than 14 days from the date they are made available on the arboseed.eu website. Orders placed before the date of entry into effect of changes to the Regulations are fulfilled on the basis of the provisions in force on the date of placing the order.