Definition of Terms
-
The Online Store, hereinafter referred to in the Rules as the “Store” or the “Website” – the Website available at www.strawberry-plants.ie and other TOP-PLANT Company websites, through which the Customer may purchase goods from the Seller.
-
Seller – TOP – PLANT Gospodarstwo Ogrodnicze Krzysztof Woroch, address: ul. F. Krygiera 1, 71-001 Szczecin, Poland, REGON 220815312, NIP 5850203086, EU VAT PL5850203086, contact telephone number (+48) 731 410 390, the message can be sent via the contact form on the “Contact” tab.
-
Customer – a natural person who is at least 13 years old, and if this person is not 18 years old, in order to register in the store and conclude a sales contract, the consent of his legal representative is required, unless he has all the possibilities for legal transactions, an organizational unit that is not a legal entity, the specific provisions of which confer legal personality, and which places or intends to place an order or uses other online store services (including a consumer as defined in Article 221 of the Law). 1964 April 23 Civil Code, vol. Y. 2014 Point 121 of the Legal Journal, as amended).
-
Party / Parties – the parties to the sales contract concluded through the Store, i.e., the Customer and the Seller purchasing the Goods.
-
Sales contract – a contract for the sale of goods offered in the store, concluded after the store has accepted the Customer’s order.
-
Goods – Movable items in the store that are covered by a sales contract.
-
Price – The price of the Goods displayed on the website of the Store is indicated in Polish zlotys, including the tax on goods and services (VAT).
-
Registration form – a service available on the store’s website, through which the Customer, by submitting his personal data, creates a user’s account, using which he can buy the Goods in the store and check the payment and order status.
-
Order form – a service available on the store’s website, which allows the Customer to purchase the Goods in the store.
-
Place of performance of the Agreement – the place of delivery of the Goods purchased through the Store is the territory of the Republic of Poland, exceptionally – the other party, with the prior agreement of the Seller.
-
Terms and Conditions – these online store terms and conditions, which specify the rules of sales contracts concluded between the parties by means of distance communication, and the rules of customers’ use of the store.
-
Act – accordingly the provisions of the Civil Code of 1964. April 23 (Article 380 of the Law of 2016, as amended), 2014 May 30 The Law on Consumer Rights (Article 827 of the Law Gazette 2014, as amended)) and August 29 Act on the Protection of Personal Data (Law of 2016, Article 922) and July 16 Law on Telecommunications (Law Gazette 2016, item 1489).
-
Consumer – a consumer is a natural person who performs a lawful transaction with an entrepreneur who is not directly related to his business or professional activity (Article 221 of the Civil Code).
-
Distance contract – a contract concluded with a consumer as part of an organized distance selling system, without the physical participation of the parties, using one or more means of distance communication (inclusive) prior to the conclusion of the contract (Article 2 of the Law on Consumer Rights).
-
Off-premises contract – contract with the consumer:
-
at the same time with the physical presence of the parties in a place other than the business premises of a particular entrepreneur,
-
acceptance of the offer made by the consumer in the circumstances referred to in point (a).
-
at the business premises of the individual entrepreneur or by means of distance communication immediately after the individual and personal contact with the consumer is established at a place other than the business premises of the specific entrepreneur, with the simultaneous physical presence of the parties,
-
during a trip organized by an entrepreneur, the purpose or effect of which is to promote or conclude contracts with consumers; (Section 2 of the Consumer Rights Act).
-
General Provisions
-
The online store www.strawberry-plants.ie is managed by the Seller, through which the Goods included in his offer are sold online.
-
The information provided on the website about the Goods and their prices is related only to the online store www.strawberry-plants.ie.
-
The store is open 24 hours a day, 7 days a week. For this reason, it may happen that the Goods ordered by the Customer have already been sold on that day. The Store informs about the situation and contacts the Customer regarding the partial execution of the order or its cancellation at the Customer’s request.
-
The condition for using the services of the store is to read and accept these Terms. By placing an order, the customer agrees with the content of the Terms.
-
The Client must comply with all the provisions of the Regulations.
-
The rules define the basic rules for concluding sales contracts between the seller and the customer using means of distance communication and the rights and obligations of the customer and the seller.
-
The Rules are available free of charge on the Store’s website and are intended for all customers of the Store.
-
The Seller reserves the right to change these Rules at any time without giving a reason. The customer is responsible for reviewing the changes made. Use of the amended Rules by publishing them in the Store is equal to the Customer’s consent to these changes.
-
Customers can purchase Goods in the store, regardless of whether they have registered using and filling out the Registration Form and creating a profile.
-
The main condition for placing an effective order is that the Customer provides accurate and true address details provided in the Registration Form, as well as a telephone number or e-mail address where the Customer can be contacted from the Store website.
-
The Store reserves the right to make errors on the Online Store website for technical reasons, as well as for reasons beyond the Seller’s control, and the right to refuse or restrict the sale of any Goods to the Customer without giving reasons.
Conditions for Concluding the Sales Agreement and Placing Orders
-
The conclusion of the purchase and sale agreement between the Customer and the Seller takes place after the Customer submits the order via the Order form on the Store’s website www.strawberry-plants.ie, as well as by telephone.
-
The order will be processed on the condition that the Product can be purchased in the Store’s warehouse. If some of the goods covered by the order are not available, the Customer is informed about the status of the order by phone or e-mail and decides on the method of its implementation (partial implementation, extension of the waiting time, cancellation of the entire order).
-
Before sending the order, the Customer has the opportunity to check and possibly modify all data (e.g., Customer data, payment methods, as well as the range and quantity of the order) at the stage of its submission.
-
The contract for the sale of the Goods offered in the store is concluded after the store accepts the Customer’s order using the Order form, a valid order, which means that the contract enters into force at that moment.
-
All information on the Store’s website relating to the Goods, including prices, is not an offer within the meaning of Art. Article 66 of the Civil Code, However, the invitation to conclude a contract pursuant to Article 66 of the CPC. Article 71 of the Civil Code.
-
The store www.strawberry-plants.ie sells goods online 24 hours a day, 7 days a week, and orders placed on Fridays, Saturdays, Sundays and public holidays will be processed no earlier than the next business day.
Approval of the Contract
-
After placing the order, the Store immediately acknowledges its receipt and at the same time accepts the order for execution. Confirmation of receipt of the order and its acceptance is performed by sending the Customer an e-mail to the Customer’s e-mail address specified at the time of the order. The e-mail contains the Seller’s statements about the receipt of the order and its acceptance for execution, as well as confirmation of the conclusion of the sales contract. Upon receipt of the above e-mail By letter, the Parties enter into a contract of sale.
-
The order confirmation contains in particular: essential data about the order placed by the Customer, including the identification data of the Store, the address to which the Customer can submit complaints, the delivery price, the method and date of payment, the method and date of delivery of the Goods.
-
A customer’s order that does not respond to the Store’s inquiry about the submitted order by e-mail or does not respond to the telephone number provided by him when placing the order for a period of 3 days will be considered invalid and removed from the order database.
-
The concluded, secured and concluded content of the purchase agreement shall be submitted to the Customer by submitting these Rules on the website of the store and sending an e-mail. Letter to the Customer. The content of the sales contract is additionally recorded and secured in the Store’s IT system.
-
The data provided by the Customer as part of the order is stored and processed in the Store in accordance with the Law on Personal Data Protection (Legislative Gazette 2016, item 922).
-
The submitted personal data is provided by the Customer voluntarily, and consent is required for the order to be processed by the Store in order to complete the order. The customer is responsible for providing false data.
-
Submission of personal data required in the order form or registration form means consent for the Seller to process the Customer’s personal data in order to fulfill the purchase and sale agreement, as well as for legally justified purposes of the Data Administrator in accordance with Art. 23 sec. 1 point 5 sec. Article 4 of the Law on Personal Data Protection.
-
The Seller is the administrator of the personal database of the Store’s customers. The Administrator may, by written agreement, instruct another entity to process the User’s personal data in order to provide the services provided by the Administrator. The data administrator does not transfer customers’ personal data to any other recipients in an artistic sense. 7 Item 6 of the Law on Personal Data Protection. Every customer registered in the store has the right to access the information provided by him, which is personal data in the sense of art. Article 6 and by amending them, in addition, he has the right to control the processing of the information provided by him by forming personal data in accordance with the principles set out above. The law includes, in particular, the right to raise a reasoned objection to the processing of data and to withdraw consent to the processing of data for marketing purposes.
-
The Customer may voluntarily agree to receive commercial information from the Seller at the e-mail address or telephone number provided by the Seller. Such consent shall also cover the use of automated calling systems for direct marketing purposes, as provided for in Article 2. 172 sec. 2004 July 16 Article 1 of the Law on Telecommunications (Law Gazette 2016, Article 1489).
Marketing Communication and Consent
-
The Customer may voluntarily consent to receive commercial and marketing information from the Seller to the email address or phone number provided. Such consent includes the use of automated calling systems for direct marketing purposes, in accordance with Article 172 of the Telecommunications Law.
-
SMS Marketing Consent: For the purpose of our abandoned cart recovery program, the Customer may opt-in to receive SMS reminders about items left in their cart. This opt-in is available during the checkout process via a checkbox labeled “I agree to receive SMS reminders about my cart,” accompanied by a link to these Terms and Conditions. Only Customers who explicitly check this box will receive SMS messages, which may include a personalized prompt and a link to their abandoned cart. The Seller uses Twilio’s SMS services to facilitate these messages.
-
The Customer may withdraw their consent at any time by clicking the “Unsubscribe” link included in each email or SMS, or by contacting the Seller directly via the contact details provided on the Website. Withdrawal of consent does not affect the legality of processing based on consent before its withdrawal.
Price of Goods
-
All prices of the Goods published on the Store’s website include VAT. If the Customer is registered for VAT in the European Union, the Seller may issue an invoice with zero VAT rate.
-
The price indicated next to the Goods does not include information on delivery costs, of which the Customer is informed in accordance with the provisions of §3.
-
The Store reserves the right to change the prices of the Goods without giving any reason, to run and cancel advertising campaigns and sales or to make changes to them. The above right does not affect the prices of the Goods in orders placed before the effective date of the price change, advertising campaigns or sales conditions.
-
Promotions, discounts and rebates may not be combined unless otherwise agreed or specified in the Advertising Rules.
-
A limited quantity of the Goods is intended for sale, including promotional sales and sales, and the order is processed in the manner in which the Store receives the accepted and confirmed orders for these Goods until stocks of this form of sale are exhausted.
-
Information about the price provided on the website is mandatory from the moment the Customer receives the e-mail. A letter confirming that the Store has accepted the order. This price will not change regardless of price changes in the store that may occur for individual Items.
Product
-
The Store publishes all information about the essential features of the Goods, including the price, on the Store’s website www.strawberry-plants.ie, next to the Product description.
-
If the Goods are not available (used or otherwise), the Store will publish relevant information about it on the Store’s website or the product will be removed from the Store’s website.
-
In case the Store, having accepted the Customer’s order, provided information about the unavailability of the Goods or due to any other reasons it could not fulfill this order, it will have the right to withdraw from the purchase and sale agreement within 7 days from the date of conclusion. In such a situation, if the Customer has paid for the Goods, the Store will return to the Customer the price paid for the Goods immediately, but not later than within 10 days from the cancellation of the Store contract. The store will refund the money in the same payment method chosen and used by the customer, unless the customer agrees to another refund method.
-
In the case referred to in 3 The customer also has the opportunity to decide to extend the order execution time due to waiting for the missing goods, replace the missing goods with others or cancel the entire order.
-
The Store reserves the right to change the Goods, to deliver new Goods in the Store’s offer. These rights do not affect an order that has already been submitted and accepted.
-
The Store anticipates that the appearance of the Goods presented and shown in the photos may differ slightly from reality. The product photos provided are for information only.
Delivery Dates and Method
-
Orders are processed immediately, continuously, except on Thursdays, Fridays and public holidays. Thursdays and Fridays are not included in the shipping days due to the nature of the products sold (dispatch of the goods on a Friday would leave the goods in the carrier’s warehouse, which would significantly affect the quality of the products shipped).
-
The carrier is responsible for the timely delivery of shipments. The Store has no influence and is not responsible for delays or non-delivery of goods and losses incurred by carriers, as well as delivery delays caused by incorrect or inaccurate address provided by the Customer. Every time the store makes every effort to use the services of reliable and verified companies.
-
In case of damage to the shipment, the Customer must draw up a complaint report, which he will receive from the carrier upon request. This is a prerequisite for dealing with a complaint about the fault of the carrier. It is also recommended, if possible, to take a photo of the damaged consignment.
-
Shipments are shipped to the customer Monday through Tuesday to avoid live plant downtime at the carrier’s warehouse (weekend).
-
Date of delivery to the customer up to 2 working days, except for public holidays and days not included in § 6 item 5, unless the Store specified a shorter period in the description of the Goods or when placing the order.
-
The delivery period of the goods depends on the payment method chosen by the Customer and is calculated as follows:
-
by bank transfer, electronic payment or credit card – from the day of crediting the Seller’s bank account or current account,
-
for cash delivery of goods – from the date of the sales contract.
-
-
In case of personal collection: The date of preparation of the goods for collection to the customer is 1 working day or a shorter period specified by the Store. The Customer will be additionally informed about the readiness of the Goods to be picked up at the store by sending the relevant e-mail. A letter to the customer’s e-mail address specified at the time of booking, or by telephone.
-
It is important that the Customer checks the condition of the parcel when collecting it with the Goods. In the event of damage or tampering with the packaging, the courier should be present, a notice of damage should be drawn up and sent to the Seller immediately with any complaint.
-
All orders are processed by the Store in the order in which they were received until stocks run out.
-
Proof of purchase (VAT invoice or fiscal receipt) is attached to each shipment containing the Product. If the contracting party is a VAT payer and wishes to receive an invoice, it should send the Seller relevant information about it, selecting the appropriate option on the form and providing the necessary details.
-
Shipping and order preparation usually start on the first day of March (March 1), but it depends on the weather and the arrival of spring.
Forms of Payment and Delivery Expenses
-
After the customer receives the offer confirmation by e-mail. By post, the order processing process begins in the store.
-
Until the Customer pays the full amount due for the ordered Goods, they remain the property of the Store.
-
The store offers and provides the customer with the following payment methods:
-
Payment by bank transfer
-
cash payment by personal withdrawal,
-
payment via PayU and Przelewy24, Paypal,
-
Payment in cash by the carrier at the time of delivery. The Store reserves the right to change a specific form of payment in a specific case due to technical problems in the implementation of a particular form of payment.
-
-
If the Customer chooses the payment method in the form of prepayment by bank transfer, payment for the ordered Goods is charged in advance, which means that the ordered Goods are sent upon receipt of payment. If the payment is not received in the Seller’s bank account within 7 days from the submission of the order confirmation, the order will be canceled. Payments by bank transfer should only be made to the Seller’s bank account
-
The name of the transfer should include the order number received when confirming the transaction.
-
In the case of payment via PayU, payment for the Goods is charged in advance, which means that the ordered Goods are sent upon receipt of payment. If the payment is not received in the Seller’s bank account within 7 days from the submission of the order confirmation, the order will be canceled.
-
Delivery costs are paid by the Customer (i.e., charges for transport, delivery and postal services) and are added to the value of the Customer’s order. The delivery price is indicated to the customer each time before placing the order. The amount of costs depends on the delivery method and payment method chosen by the Customer – if the “Cash” option is selected, PLN 5.00 should be added to the delivery amount.
-
When placing an order, the Customer accepts the delivery costs specified in the Rules, including cases when the Customer expresses the will to be bound under the sales contract.
-
Personal collection of the Goods from the Customer is free of charge. Personal collection possible at: F. Krygiera 1 street, 71-001, Szczecin, Poland
Right of Withdrawal from the Contract
-
In accordance with the 2014 May 30 According to the provisions of the Consumer Rights Act (Item 827 of the 2014 Law), within 14 (fourteen) days from the receipt of the ordered goods, the consumer has the right to cancel the distance contract and return the Goods without giving reasons and without incurring costs, in accordance with art. 33, art. Article 34 (2) and Article 35 of the Consumer Rights Act. The right of withdrawal referred to in this paragraph applies only to sales to consumers, and therefore applies only to sales contracts concluded remotely with the consumer in accordance with the provisions of the Civil Code.
-
The customer may exercise the right to withdraw from the contract by sending a written declaration of withdrawal to the following address: “TOP – PLANT Gospodarstwo Ogrodnicze Krzysztof Woroch”, ul. F. Krygiera 1, 71 – 001 Szczecin, Poland. The customer has the right to withdraw from the sales contract, also using the example of withdrawal from the contract provided in Annex
