Platycerium Shop » Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE www.platyceriumshop.com

Table of Contents:

• § 1. General Provisions

• § 2. Obligations of the Parties

• § 3. Conclusion of the Sales Agreement

• § 4. Payments

• § 5. Delivery of Product(s)

• § 6. Product Complaints

• § 7. Warranty

• § 8. Withdrawal from the Sales Agreement

• § 9. Personal Data Protection

• § 10. Final Provisions

§ 1. General Provisions

1. The Online Store available at www.platyceriumshop.com is operated by Marcin Gajewski, a sole proprietor conducting business under the company name Bonsai Warsaw, with its registered office in Łosie, postal code 05-250, at 36 Basi Street (which is also the correspondence address). Registered in the Central Registration and Information on Economic Activity (CEIDG), tax identification number (NIP): 5341970920, business registration number (REGON): 141909824. Contact email: info@platyceriumshop.com, phone number: +48 725155991, hereinafter referred to as the “Seller.”

2. These Terms and Conditions are addressed to both Consumers and non-Consumers using the Online Store or entering into Sales Agreements, except for provisions specifically applicable to non-Consumer Clients.

3. Acceptance of these Terms and Conditions is voluntary but necessary to place an order.

4. Definitions used in these Terms and Conditions:

• Price: The gross amount (including tax) specified in Polish Zlotys (PLN) or another currency, payable to the Seller for transferring ownership of the Product to the Client as per the Sales Agreement. Delivery costs are excluded unless otherwise specified.

• Business Day: Any day from Monday to Friday, excluding public holidays.

• Client: An individual, legal entity, or organizational unit without legal personality granted legal capacity by law, possessing full legal capacity. Individuals with limited legal capacity must obtain consent from their legal representative for any Sales Agreement and present such consent upon request.

• Civil Code: The Civil Code Act of April 23, 1964, as amended.

• Consumer: An individual performing a legal act with an entrepreneur unrelated to their trade, business, or professional activities.

• Newsletter: An electronic service providing periodic information about Products, promotions, and news via email, subject to the Client’s explicit consent.

• Product: A movable item available in the Online Store, subject to a Sales Agreement. All Products are free from physical or legal defects and have been lawfully introduced to the Polish market.

• Sales Agreement: An agreement within the meaning of the Civil Code for the sale of a Product by the Seller to the Client for a Price, including potential additional fees, such as shipping costs.

• Order: The Client’s declaration of intent to purchase a Product, specifying necessary details such as the Product type, quantity, and Client’s personal and delivery details.

§ 2. Obligations of the Parties

1. Seller’s Responsibilities:

• Provide Clients with the ability to place Orders and enter into Sales Agreements.

• Deliver Products in accordance with the Sales Agreement.

• Address complaints and provide customer service.

2. Client’s Responsibilities:

• Provide accurate and up-to-date information in the forms available in the Online Store.

• Pay the full Price and any additional costs promptly.

• Use the Online Store in compliance with the law and social norms.

• Not post unlawful content or unsolicited commercial information in the Online Store.

§ 3. Conclusion of the Sales Agreement

1. Clients can place Orders via the Online Store.

2. The Sales Agreement is concluded upon the Seller’s acceptance of the Order after it is placed by the Client.

3. Details such as Product type, quantity, price, and delivery costs are specified during the Order process.

§ 4. Payments

1. Available payment methods include:

• Electronic payments and card payments via authorized providers (e.g., TPay).

2. Specific payment options depend on the selected delivery method and may vary for multiple simultaneous Orders.

3. Orders are processed after the payment is received.

§ 5. Delivery of Product(s)

1. Delivery is available within Europe, excluding the UK.

2. Delivery costs are borne by the Client unless otherwise agreed.

3. Delivery time includes both the preparation of the Order and transportation by the carrier.

§ 6. Product Complaints

1. Clients are advised to inspect shipments upon delivery and report damages immediately to the carrier.

2. Complaints can be submitted via email or in writing to the Seller’s address.

3. The Seller is responsible for defective Products under applicable provisions of the Civil Code.

§ 7. Warranty

1. Products covered by a warranty will include warranty details in the Online Store.

§ 8. Withdrawal from the Agreement

1. Due to the nature of the Products (live plants), the Client may withdraw from the agreement only before the Product is shipped.

§ 9. Protection of Personal Data

1. Personal data of the Client(s) is processed by the Seller as the Data Controller.

2. Providing personal data by the Client is necessary for concluding the Sales Agreement, as well as for its proper execution and settlement. Failure to provide the required personal data will prevent the Seller from fulfilling the agreement.

3. The Seller processes personal data of the Client(s) in compliance with applicable laws, particularly the General Data Protection Regulation (GDPR) of April 27, 2016, and relevant national regulations.

4. Detailed information regarding the processing of personal data is provided in the Privacy Policy available on the Seller’s website. The Privacy Policy specifies, among other things, the purposes and legal basis for processing personal data, the rights of the Client as a data subject, and the obligations of the Seller as the Data Controller.

5. The Seller implements appropriate technical and organizational measures to ensure the protection of processed personal data, safeguarding it against unauthorized access, loss, or unlawful processing.

§ 10. Final Provisions

1. The Seller reserves the right to introduce changes to the Regulations for valid reasons, including:

a. adjustments to the applicable law,

b. updates to the functionalities of the online store,

c. technological changes or improvements,

d. changes in the methods of payment or delivery.

2. Changes to the Regulations do not affect already concluded Sales Agreements unless the changes arise from mandatory legal provisions.

3. The Seller will inform the Clients about changes to the Regulations at least 14 days before their effective date, using the contact details provided by the Client or by publishing the updated Regulations on the website.

4. If the Client does not agree with the updated version of the Regulations, they have the right to terminate the agreement concerning services provided electronically.

5. In cases not regulated by these Regulations, the relevant provisions of Polish law shall apply, including the Civil Code, the Act on Consumer Rights, and the Act on Providing Services by Electronic Means.

6. In the event of any disputes, the parties shall first endeavor to resolve the matter amicably. If an amicable resolution cannot be reached, disputes shall be resolved by a competent court in accordance with applicable law.

7. The Regulations are available to the Client at no charge, and they can be accessed, downloaded, or printed from the Seller’s website.