This English version is a translation provided for your convenience. The binding version is the Polish one (Regulamin); in case of any discrepancy, the Polish version prevails.

§ 1. General

The To Te Kwiaty online shop at totekwiaty.pl (the “Shop”) is run by Blooming Code, ul. Sienkiewicza 2/4, 05-800 Pruszków, Poland, entered in the Polish Central Register and Information on Economic Activity (CEIDG), tax ID (NIP) 5341971687, REGON 524956023 (the “Seller”).
These Terms set out the rules for using the Shop, placing Orders, delivery, payment, withdrawal from the contract and complaints.
These Terms are available free of charge in the Shop in a form that allows them to be downloaded, saved and printed.
The processing of personal data and cookies is described in the Privacy Policy available in the Shop.

§ 2. Definitions

Customer – a natural person, legal person or organisational unit without legal personality but with legal capacity, placing an Order in the Shop.

Consumer – a Customer who is a natural person concluding a contract with the Seller that is not directly related to their business or profession.

Sole trader with consumer rights – a natural person concluding a contract directly related to their business, where the contract shows that it is not of a professional nature for them, in particular given the subject of their business as registered in CEIDG.

Recipient – the person indicated by the Customer as the recipient of the Product, in particular the person receiving a gift.

Product – an item offered in the Shop, in particular a bouquet, flower arrangement, wreath or other floristry product.

Bouquet – a bouquet or arrangement of fresh flowers made to Order.

Greeting card – a free card with a message that the Customer can add to a Bouquet.

Flower shop – the To Te Kwiaty flower shop in Pruszków railway station (Dworzec PKP Pruszków), ul. Sienkiewicza 2.

Local delivery – delivery made by the Seller within the delivery zones shown in the Shop.

Collection from the Flower shop – collecting the Order in person at the Flower shop.

Order – the Customer’s declaration of intent made through the order form, aimed directly at concluding a Sales Contract.

Sales Contract – a distance contract for the sale of a Product concluded between the Customer and the Seller through the Shop.

Account – the Customer’s account in the Shop, storing their details and Order history.

§ 3. Contacting the Seller

Postal address: ul. Sienkiewicza 2/4, 05-800 Pruszków, Poland.
E-mail: [email protected].
Phone: +48 790 586 323, during the Flower shop’s opening hours shown in the Shop.
Bank account number: PL97 1140 2004 0000 3402 8360 9737.

§ 4. Technical requirements

To use the Shop you need a device with internet access, an up-to-date version of a common web browser with JavaScript and cookies enabled, and an active e-mail address.
The Customer must not provide unlawful content, including in the Greeting card text and Order notes.

§ 5. Account

Creating an Account is voluntary and free of charge. Orders can also be placed without an Account.
To create an Account you need an e-mail address and a password.
The Account contract is concluded for an indefinite period. The Customer may delete the Account at any time, without giving a reason and free of charge, by sending a request to the Seller’s e-mail or postal address.

§ 6. Prices

Product prices are shown in Polish złoty (PLN) and include VAT.
The delivery cost depends on the delivery method and, for Local delivery, on the zone of the delivery postcode. The total price including delivery is shown at checkout before the Order is placed.
Local delivery has a minimum Order value, and above a set value delivery is free. Current zones, costs and thresholds are shown in the Shop (delivery information and the delivery calculator).
When the price of a Product is reduced, the Seller also shows the lowest price of that Product in the 30 days before the reduction.
On request, the Seller issues a VAT invoice. An invoice showing the buyer’s tax ID can only be issued if the Customer requests it and provides the tax ID in the order form.

§ 7. Placing an Order

To place an Order:

choose the Products and, for a Bouquet, optionally add the Greeting card text;
choose the delivery method and, where applicable, the day and time of Local delivery (all day, a time slot or from a chosen time) or the day and time of Collection from the Flower shop;
enter the payer’s details and, for delivery, the Recipient’s details, address and phone number;
choose the payment method;
accept these Terms and click “Order and pay” or another button that clearly indicates an obligation to pay.

The dates shown in the order form take into account the time needed to prepare the Products and the Flower shop’s opening hours.

A Customer who provides the Recipient’s details declares that they are entitled to share them for the purpose of delivery.

§ 8. Conclusion of the contract

After placing an Order, the Customer receives an e-mail confirming that it has been accepted. The Sales Contract is concluded when this e-mail is received.
The confirmation contains the details of the Order; the current version of these Terms is available in the Shop.
If the Seller cannot fulfil the Order (e.g. flowers are unavailable or due to unforeseen events), the Seller will promptly contact the Customer to agree another date or Product. If the Customer does not agree, the Seller refunds the full amount paid within 14 days.

§ 9. Delivery methods

Local delivery – within the delivery zones in Pruszków, the surrounding area and parts of Warsaw, on the day and at the time chosen in the Order. The delivery area is defined by postcodes; the Shop checks availability once the postcode is entered.
Collection from the Flower shop – on the day chosen in the Order, from the chosen time. The Customer will be informed by e-mail when the Order is ready for collection.
Courier – within Poland, only for Products for which the Shop offers this method (e.g. wreaths, artificial and dried flowers). Bouquets are not sent by courier. The Product is dispatched within the time stated for the Product, counted from when the payment is received; delivery usually takes 1–2 working days.
The delivery methods available for the chosen Products are shown at checkout.

§ 10. Payment methods

Available payment methods:

online payments handled by Przelewy24 (PayPro S.A., Poznań), including BLIK, instant bank transfer, payment card, Apple Pay and Google Pay;
PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg);
standard bank transfer to the Seller’s account;
payment on Collection from the Flower shop.

Bouquets must be paid in advance. A Bouquet is made specially to Order and does not keep, so payment on collection is not available for Orders containing a Bouquet.
Prepaid Orders are fulfilled once the payment is received. For a standard bank transfer, the payment must be received before the chosen delivery or collection date; if it is not received within 3 days of placing the Order or before that date, the Seller may cancel the Order after first trying to contact the Customer.
For payment on collection, the Customer should collect and pay for the Product within 3 days of being told it is ready. After that, the Seller may cancel the Order.
The available payment methods are shown in the order form and depend on the Products chosen.

§ 11. Fulfilling the Order

Products are handmade from seasonal flowers. The Product photo shows an example: shades, the size of individual flowers and accessories may differ slightly. If a particular flower variety or colour is unavailable, the Seller may replace it with a flower of similar character, colour and at least the same value, keeping the style and size of the arrangement. The Seller will let the Customer know in advance of any significant change.
With Local delivery, the Product is delivered on the chosen day and at the chosen time. If delivery may be delayed for reasons beyond the Seller’s control (e.g. traffic), the Seller will inform the Customer or Recipient.
If the Recipient is not at the address, the driver phones the Recipient or the Customer. With the Customer’s or Recipient’s consent, the Product may be left with a neighbour, at reception or at another agreed place. If delivery fails, the Seller agrees with the Customer either another delivery (charged at the zone rate) or Collection from the Flower shop.
The Seller is not responsible for failed delivery caused by an incorrect Recipient address or phone number given by the Customer.
The Greeting card is attached to the Bouquet with the text provided by the Customer. The Seller may refuse to attach a Greeting card with unlawful or offensive content and will inform the Customer.
A Bouquet not collected at the agreed time is kept until the end of the Flower shop’s next opening day. As flowers are perishable, the Seller is not responsible for any deterioration of a Bouquet collected later.

§ 12. Withdrawal from the contract

A Consumer or Sole trader with consumer rights may withdraw from the Sales Contract within 14 days without giving a reason, subject to paragraph 8.
The period runs from the day the Consumer, or a person indicated by them other than the carrier, takes possession of the Product.
To withdraw, it is enough to send a statement before the deadline, e.g. by e-mail to [email protected] or by post. The model form in Annex 1 may be used but is not required. The Seller will promptly confirm receipt of the statement by e-mail.
The Seller refunds all payments, including the cost of the cheapest delivery method offered, without delay and no later than 14 days after receiving the statement. The refund is made using the same payment method the Consumer used, unless they expressly agree to another method that involves no costs for them (e.g. a bank transfer instead of a refund to a card).
The Seller may withhold the refund until the Product is received back or proof of its return is provided, whichever happens first.
The Consumer sends the Product back to the Seller’s address within 14 days of withdrawing, or returns it at the Flower shop. The Consumer bears the direct cost of returning the Product. We recommend a tracked shipment.
The Consumer is liable for any reduction in the value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning.
The right of withdrawal does not apply (Article 38(1) of the Polish Consumer Rights Act) to the following Products:

Bouquets and other Products made of fresh flowers and plants – as goods that deteriorate or expire rapidly (point 4);
Products made to the Customer’s specifications or clearly personalised, including arrangements made to an individual order (point 3).

§ 13. Complaints

The Seller is liable to Consumers and Sole traders with consumer rights for the conformity of the Product with the contract under the Polish Consumer Rights Act of 30 May 2014 (Chapter 5a).
Complaints can be made by e-mail to [email protected] or by post. To speed things up, please include the Order number, a description of the problem and a photo of the Product. As flowers are perishable, we recommend reporting a complaint as soon as possible after receipt – this recommendation does not limit the Consumer’s statutory rights.
If the Product does not conform with the contract, the Consumer may request repair or replacement and, in cases specified by law, a price reduction or withdrawal from the contract. For Bouquets this usually means making and delivering a new Bouquet or refunding all or part of the price.
The Seller responds to a complaint within 14 days of receiving it. No response within that time means the complaint is accepted.
For Customers who are neither Consumers nor Sole traders with consumer rights, the Seller’s liability under the statutory warranty (rękojmia) is excluded.

§ 14. Out-of-court dispute resolution

A Consumer may use out-of-court complaint and redress procedures, in particular free help from a district (municipal) consumer ombudsman, consumer organisations (e.g. Federacja Konsumentów) and mediation by the regional inspector of the Trade Inspection (Inspekcja Handlowa).
The register of bodies authorised to conduct out-of-court consumer dispute resolution is kept by the President of the Polish Office of Competition and Consumer Protection (UOKiK); information is available at polubowne.uokik.gov.pl.
Using out-of-court dispute resolution is voluntary and requires the consent of both parties.

§ 15. Orders by phone

Orders can also be placed by phone, on the number given in § 3; the payment method, including any deposit (zadatek), is agreed during the call.

§ 16. Final provisions

Contracts are concluded in Polish.
The Seller may amend these Terms for important reasons, in particular changes in the law, delivery or payment methods or the scope of the Shop’s business.
An Order is governed by the version of the Terms accepted when it was placed. Amendments do not apply to Orders placed earlier.
Account holders will be informed by e-mail of any change to the provisions on the Account (§ 5) at least 7 days before it takes effect. Anyone who does not accept the change may delete their Account before then.
These Terms do not limit Consumers’ rights under mandatory provisions of law.
Matters not covered by these Terms are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Services by Electronic Means.
These Terms apply from [PUBLICATION DATE].

Annex 1 – Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: Blooming Code, ul. Sienkiewicza 2/4, 05-800 Pruszków, Poland, e-mail: [email protected]

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*):

Ordered on(*) / received on(*):

Order number:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is sent on paper):

Date:

(*) Delete as appropriate.

Terms and conditions