Terms & conditions

Regulations of the online store winnica-eden.pl

• 1 Preliminary provisions

1. Winnica-Eden.pl online store available at the Internet address www.winnica-eden.pl/sklep is run by Ryszard Motawa running a business under the name Winnica Eden identified by the NIP number 7340027326.

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

3. All products offered in the store are produced by the Seller in the place of his business. The seller does not import, sell or mediate the sale of offered products.

• 2 Definitions

1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.

Seller – a natural person running a business under the name Winnica Eden identified by his tax identification number 7340027326.

2. Customer – any entity making purchases via the Store.
3. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity that uses the Store.
4. Shop – an online store run by the Seller at the address www.winnica-eden.pl/sklep
5. The contract concluded remotely – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the conclusion of the contract, inclusive.
6. Regulations – these Regulations of the Store.
7. Order – Customer’s declaration of will submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller.
8. Account – customer account in the Store, it contains the data provided by the customer and information about orders placed by him in the store.
9. Registration form – a form available in the Store, enabling the creation of an Account.
10. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
11. Shopping Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to set and modify the Order data, in a particular the number of products.
12. Product – a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller.
13. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the Product features – a contract for the provision of services and a contract for the work.

• 3 Contact the store

1. Seller’s address: Łazy Brzyńskie 19, 33-389 Jazowsko
2. Seller’s e-mail address: poczta@winnica-eden.pl
3. Seller’s telephone number: 501-732-035
4. Fax number of the Seller 18 4447124

The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

5. The Customer may communicate by phone with the Seller between 7.00-18.00 on weekdays, ie from Monday to Saturday, except for holidays.

• 4 Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, you will need:

1. terminal device with access to the Internet and a web browser.
2. an active e-mail account (e-mail),
3. enabled cookies.

• 5 General information

1. The Seller, in the widest extent permitted by law, is not liable for any disruptions to this interruption in the functioning of the Store caused by force majeure, the unauthorized activity of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

3. The customer can choose the currency in which I want to make a payment. The store allows you to pay in PLN (PLN) or in Euro (EUR). The prices listed in the Store are gross prices (including VAT).

4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and courier services) about which the Customer is informed on the Store’s pages when placing orders, including the moment you express your will to be bound by the Sales Agreement.

• 6 Creating an Account in the Store

1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following details: e-mail address and password.
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may, at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

• 7 The rules for placing orders

In order to place an Order:

1. log in to the Store (optional);
2. select the Product that is the subject of the Order and then clicks the “Add to basket” button
3. If he is not logged in or does not have an account – fill out the Order Form by entering the details of the order recipient and the address to which the Product delivery is to be made, choose the type of shipment (method of delivery of the Product), enter the invoice data if different from the recipient’s data and choose a delivery date.
4. click the “I buy and pay and pay” button.
5. choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 points 3.

• 8 Offered delivery methods and payments

1. The Customer may use the following methods of delivery or collection of the ordered Product:
2. Courier shipment, a postal order for a mockery.
3. Courier shipment paid by bank transfer.
4. Personal collection available at Łazy Brzyńskie 19, 33-389 Jazowsko
5. A customer in Poland may use the following payment methods:
6. Personal collection.
7. Payment on delivery
8. Payment by transfer to the Seller’s account

If the customer wants to receive a parcel outside of Poland, he can use the following payment methods:

1. Payment by transfer to the Seller’s account

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

• 9 Execution of a sales contract

1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller an e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller’s statement about receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the customer chooses:
4. payment by bank transfer the customer is obliged to make the payment within a maximum of 30 days from the order. Otherwise, the order will be canceled. Products selected by the customer are reserved at the time of payment. The seller reserves the right to inform the customer about the lack of ordered products in a situation where he made late payments.
5. payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
6. cash payment upon personal delivery of a shipment, the Customer is obliged to make a payment upon delivery of the shipment within 15 days from the date of receipt of information about the readiness of the shipment to be picked up.
7. If the Customer has chosen a delivery method other than a personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph) in the manner chosen by the Customer when placing the Order.
8. An If you order Products with different delivery times, the delivery date is the longest given time.

B If you order Products with different delivery times, the Customer has the option to request delivery of Products in parts or to deliver all Products after completing the entire order.

6. The beginning of the delivery of the Product to the Customer counts as follows:
7. If the Customer chooses the method of payment by bank transfer from the date of crediting the Seller’s bank account.
8. If the Customer chooses the method of payment on delivery – from the day of concluding the Sale Agreement,
9. If the Customer selects a personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed about the readiness of the Product for delivery by sending an appropriate e-mail to the e-mail address provided during the Ordering process or by phone.

7. Product delivery takes place within the European Union.
8. The delivery of the Product to the Customer is payable unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery, and postal services) are indicated to the Customer on the Online Store pages in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
9. The Customer’s personal collection of the Product is free.

• 10 The right to withdraw from the contract

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the deadline specified in paragraph 1 begins with delivery of the Product to the Consumer or a person other than the carrier designated by him.
3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.
4. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.

version for stores where the buyer can send

declaration of withdrawal from the contract in any way

5. The statement may be sent by traditional mail, fax or e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form the template is attached as Appendix No. 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
6. In the case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
7. Effects of withdrawing from the Agreement:
8. In case of withdrawal from the Contract concluded remotely, the Agreement shall be deemed void.
9. In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, make all payments made by him, including the cost of delivering the item, with the exception of additional costs resulting from the choice chosen by the Consumer the method of delivery other than the cheapest usual delivery method offered by the Seller.
10. The reimbursement shall be made by the Seller using the same payment methods as were used by the Consumer in the original transaction unless the Consumer has explicitly agreed to another solution which will not entail any costs for him.
11. The Seller may withhold the reimbursement of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
12. The Consumer should return the Product to the address of the Seller specified in these Regulations immediately, not later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period.
13. The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
14. The consumer is liable only for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics, and functioning of the Product.
15. If due to the nature of the Product, it can not be sent back in regular mode by post, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
16. The right to withdraw from the agreement concluded remotely is not entitled to the Consumer in relation to the Agreement:
17. Due to the nature of the product – a live plant, there is a restriction on the right to return. The right to withdraw from the contract without giving a reason is not granted to the consumer in the event that the delivered goods are inseparably connected to other elements due to their nature. This is the case when the vine has been desiccated, planted or grown.
18. Art. 38. of the Act of 30 May 2014 on consumer rights: The right to withdraw from a contract concluded away from business premises or at a distance is not entitled to a consumer in relation to contracts:

1. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the service by the Seller, he will lose the right to withdraw from the Agreement,
2. in which 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 to withdraw from the Agreement,
3. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.

• 11 Complaint and warranty

1. Before collecting the package, always check that it has not been damaged during transport. If the packaging carries visible external damage, we advise that you refuse delivery of the package and then contact us.
2. After paying the amount of collection and receipt of receipt of the package, it is possible to open the package in the presence of the courier – in the case of non-compliance, a discrepancy report is prepared, which forms the basis of a subsequent complaint.

3. In order to file a complaint, a report must be provided in the presence of a courier.
4. After paying the amount of collection and receipt of receipt of the package, it is possible to open the package in the presence of the courier – in the case of non-compliance, a discrepancy report is drawn up, which forms the basis of the subsequent complaint
5. If after unpacking the package you find any discrepancies in the content of the parcel, quality or condition of the plants, please contact us by e-mail.
6. Complaints will only be considered if we receive your e-mail with photos taken on the day of delivery.
7. We want you to be fully satisfied with the purchased goods, so please cooperate in solving the disputable situations, we consider each complaint and try to find a solution that is completely satisfactory to our clients

• 12 Out-of-court ways to handle complaints and redress

8. Detailed information on the Consumer’s option of out-of-court settlement of complaints and rules of access to these procedures is available at the offices and on the websites of municipal consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
9. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
10. The consumer is entitled to request a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to settle the dispute arising from the Contract, concluded with the Seller.
11. The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
12. The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the municipal consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers).

• 13 Personal data in the Online Store

1. The Seller of the personal data of Customers collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Online Store’s Customers may be:
4. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.
5. In the case of a Customer who uses the Online Store from the payment method, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
6. The customer has the right to access their data and correct them.
7. Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

• 14 Final Provisions

1. Contracts concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, that is changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform at http://ec.europa.eu/consumers/odr/.