§1 General terms and contact details
1. The online store is available at the domain www.aureusflos.com and on the relevant subpages after registration and is run by the Seller.
2. In the event of a complaint about the placed Order, please contact the Seller using the following contact details:
– e-mail address: firstname.lastname@example.org
– contact form available at relevant page in store.
3. The rules of using and placing Orders, setting Product Sales Agreements and making complaints within the Store are set out in these Terms &Conditions.
4. The Seller provides the Customer T&C free of charge before using the Online Store. The Customer may record the content of the Regulations in a convenient way, e.g. by saving it on his computer or printing.
5. The condition for using the Store and setting the Sales Agreement is the acceptance of the provisions of these T&C. By accepting it, the customer agrees to all provisions and undertakes to comply with them.
6. The prices in the shop are given in British Pound.
7. Information about Products provided on the Store’s websites, in particular, their descriptions, technical parameters and prices are not an offer within the meaning of the Polish Civil Law, and are only an invitation to buying within the meaning of art. 71 of the Polish Civil Law.
8. As a part of using the Store, it is forbidden to provide unlawful information and in particular it is prohibited to:
a) sending and placing spam within the Store
b) providing and transferring content prohibited by law, in particular as part of the forms available in the Store;
9. It is ordered:
a) To use the Store in a manner consistent with the Terms & Coditions and legal provisions;
b) To use the Store in a way that does not interfere with its functioning;
c) To use any content posted on the Store’s websites only for a personal use, in accordance with the license granted (if such was granted).
10. The customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.
11. In order to delete the Customer’s account, the Store should be informed in writing or via e-mail about the will to delete it.
The terms used in these Terms & Conditions mean:
1. Seller – Anna Szumilewicz – Jarmołowicz, running business at the address of ul. Konwaliowa 51, Częstochowa, Poland
with Tax Identification Number (NIP): 9492128465
and registered in the Central Register and Information on Economic Activity (CEIDG) under the following entry: CEIDG
2. Customer or User – a real person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, placing an Order within the Store and making purchases through the Store.
3. Consumer – a real person setting up an agreement with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
4. Entrepreneur with consumer rights – an Entrepreneur ordering Products related to his business activity, but not having a professional nature for the entrepreneur, in accordance with art. 38 a of the Polish Act on consumer rights and art. 385/5, art. 556/4, art. 556/5 and art. 576/5 of the Polish Civil Law.
5. Account – the Client’s or User’s account set up on the Store’s internet platform.
6. Entrepreneur – a real person, legal person and an organizational unit that is not a legal person, the legal capacity of which is granted by a separate act, on its own behalf, a business or professional activity that uses the Store.
7. Terms & Conditions (T&C) – these Store Terms &Conditions.
8. Online Store or Store – an online store available at www.aureusflos.com and on its respective subpages through which the Customer may place Orders and purchases of specific Products.
9. Product – physical products purchased or available in the shop. Products are sold for a fee, unless expressly stated otherwise.
10. Sales Agreement – a Product sales agreement set between the Seller and the Customer via the Store.
11. Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, with amendments).
12. Civil Code – the Polish Act of April 23, 1964 (Journal of Laws No. 16, item 93, with amendments).
13. Order – an activity, a declaration of intent by the Customer, aimed directly at setting a Product Sales Agreement with the Seller and performance for the benefit of the Customer, under the conditions specified in these Regulations.
14. Order form – the Store’s form by means of which the Customer may place an Order and perform the Sales Agreement.
15. Distance contract – contract agreed with the Customer as part of the Store, without the simultaneous physical presence of the parties, with the sole use of one or more forms of distance communication up to and including the agreement of the contract.
16. Payment operator – PayPal Holdings, Inc.
17. Proof of payment – invoice or receipt issued in accordance with the Polish Tax Act of March 11, 2004 and other applicable laws.
18. Payment – payment to the Seller’s account via online payment methods available in the Store or payment upon receipt of the Product – depending on the selected payment method and the ordered Product.
19. System – a set of cooperating IT devices and software for processing and storage as well as sending and receiving data via telecommunications networks using the appropriate for a given type of network of the end device (Internet).
20. Working days – days of the week from Monday to Friday, except bank holidays
§3 Technical requirements
1. The customer may use the available functions of the online store in a manner consistent with the T&C and applicable regulations and in a way that does not interfere with the functioning of the online store and other customers.
2. To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:
a) Internet access from a device that enables it;
b) an appropriately configured, current version of a web browser that supports cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
c) an active and properly configured e-mail account.
4. The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by customers and by unauthorized third parties.
5. The Seller takes appropriate actions to ensure the proper functioning of the Store.
§4 Products available in the store
1. The Aureus Flos Store offers wedding accessories, in particular hair accessories (headbands, combs, buns, wreaths, etc.) and earrings.
2. The Store’s offer also includes products made to individual customer orders.
3. A customer wishing to make an individual order should contact the Seller at the e-mail address indicated in these T&C.
4. After agreeing the project and features of the Product with the Customer, it will be prepared for his individual order.
5. The process of ordering an Individual Product will be agreed separately with the Customer.
§5 Placing orders
1. The Customer may purchase the Product by selecting it from the appropriate subpage of the Store. The Customer may choose among various Product variants at different prices (as long as such a possibility is clearly indicated in the Product description).
2. After selecting the Product, in order to make a purchase, the Customer should take further steps in accordance with the messages displayed on the Store’s website. The customer should first click on the “Add to basket button”, as a result of which the selected Product will be added to the shopping cart. Then, they can make further purchases or click the “View basket” button or click on the “Checkout” button and complete the purchase on the next page.
3. The customer has the option to enter a discount code, if he has one, in the field called “Coupon code”. Then, after entering the code and clicking the “Apply coupon” button, the price will be modified accordingly.
4. In order to place an Order, it is necessary for the Customer to provide the following data in the forms: a) name and surname and, optionally, company name, b) address (country, street, building number, apartment number, zip code, city), c) telephone number, d) e-mail address, e) giving consent for the order to be processed by the Store by clicking the “Buy and pay” button, which indicates the need to pay for the order.
5. The customer may also indicate a different shipping address by entering it in the Additional Information field on the checkout page.
6. The customer may also indicate a different shipping address by adding addresses in the “Order notes (optional)” field.
7. In the process of placing an Order, the Customer is also obliged to choose the form of payment for the ordered Products from those currently available in the Store.
8. When placing an Order – until you click the “Buy and pay “- the customer has the option to modify the personal data and data provided by him in the scope of the selected Products, as well as in the form of payment.
9. By clicking on the “Pay with” button, the customer is aware that the set of the contract creates obligation to pay the payment due to the Seller.
10. Sending the Order by the Customer is a declaration of the Customer’s will to agree with the Seller of the Sales Agreement, in accordance with the content of these regulations.
11. The customer makes the payment by selecting one of the payment methods available in the Store, and then makes the payment.
12. Purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
13. The Sales Agreement is treated as concluded upon receipt by the Customer of the e-mail referred to in paragraph 13 of this section.
14. The Seller reserves the right not to process the Order in the event of:
a) incorrect / incomplete completion of the Order form (lack of any data needed to complete the Order),
b) failure to receive the payment within 3 days of placing the Order (in the case of selecting the option of payment by bank transfer),
c) in the case of non-payment of the deposit.
§6 Prices and payment options
1. Product prices posted on the Store’s website are gross prices and include all taxes required by applicable legal regulations.
2. The Seller reserves the right to change the prices of the Products presented in the Store, introducing new Products, withdrawing Products, conducting promotions and giving discounts, as well as temporarily offering free Products. The above right does not affect Orders that were placed before the effective date of any of the changes. Details and duration are always included in the description of a given Product.
3. The duration of each promotion is limited. Not all discounts and promotions may add up.
4. The customer can pay for the ordered Products using PayPal – the customer will be transferred to the PayPal website in order to make the payment on the terms indicated by this website.
In the case of electronic payments, the product will be sent after receiving and posting the transfer on the Seller’s bank account;
4. An electronic invoice is issued for each Order (personal or company name, if the company details have been provided), which is sent to the Customer automatically, to which the Customer hereby agrees.
§7 Shipping – costs, terms, forms
1. The Product will be shipped within 1 to 4 weeks from the moment the Order is placed.
2. Shipping provider is Polish Mail.
3. Deliveries are made in Poland and to countries from the drop-down list available at the stage of entering the shipping address.
4. The order will be processed at the shipping address provided in the Order Form.
5. Delivery costs are given at the time of placing the Order and calculating the basket. Product prices do not include delivery prices, which are added in accordance with the current Store price list.
6. It is assumed that the date of payment is the date of crediting the Seller’s bank account.
§8 Electronic services
1. The Seller is liable to the Customer who is a consumer within the meaning of Art. 221 of the Polish Civil Code for non-compliance with the Sales Agreement for Products purchased by the Customer (warranty), as well as in accordance with the provisions of the Act on consumer rights.
2. The Seller is obliged to deliver a Product free from defects.
3. The Seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code, if the Product has a physical or legal defect.
4. The complaint should contain data enabling the Customer’s identification (e.g. first name and surname, correspondence address, e-mail address), subject of the complaint (e.g. type and the date of the defect) and claims related to the complaint. In the event of an incomplete complaint, the Seller will call the Customer to complete it.
5. The complaint should be sent to the Seller’s e-mail address provided in these T&C.
6. The Seller will respond to the full complaint within 14 days from receiving the complaint and will inform the Customer about further proceedings to the e-mail address of the person submitting the complaint.
7. The Seller will process the Customer’s personal data in order to consider the complaint
8. The customer may use the complaint form attached to these Terms & Conditions.
§10 Cancelling agreement by the customer
1. The consumer does not have the right to withdraw from the contract as all products are made to order and are a unique, one-time work.
§11 Provisions regarding B2B
1. The provisions of this paragraph apply to the Store’s Customers who are business.
2. In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of electronic services consisting in maintaining the Customer’s account with immediate effect and without giving reasons by sending the Customer an appropriate statement, also by electronic means to the e-mail address provided by him for registration of the Account. It does not raise any claims against the Seller..
3. The Seller has the right to withdraw from the contract concluded with the Business Customer without giving any reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also by e-mail to the e-mail address provided by him for registering the Account. It does not raise any claims against the Seller.
4. If the Product is sent to the Business Customer via a carrier, the Customer is obliged to inspect the shipment in time and in the manner adopted for the given type of shipment. When the Product is released to the carrier, the benefits and burdens associated with the Product and the risk of its accidental loss or damage are transferred to the Customer. He should immediately carry out activities aimed at determining the liability of the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is released to the Business Customer and for delay in transporting the shipment.
5. In relation to Business Customers, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in full or in part, regardless of the method of payment chosen by the Customer or the conclusion of a sales contract.
6. The Seller’s total liability towards the Business Customer is limited to the amount of the Product price paid and delivery costs under the sales contract and the placed Order. The Seller is not responsible for lost profits in relation to the Customer.
7. Settlement of any disputes between the Seller and the Business Customer within the meaning of Art. 221 of the Polish Civil Law, is subject to the court having jurisdiction over the Seller address.
§12 Provisions regarding businesses with consumer rights
1. A business with the rights of a consumer is a business who makes purchases in the Store that are related to his business activity, but do not have a professional character for him, resulting in particular from the subject of his economic activity under the provisions of Polish Business Activity Records and Information, in accordance with Art. 38a of the Polish Act on consumer rights.
2. Business referred to in the first point of this paragraph will be subject to the provisions of these regulations that apply to the Consumer, i.e.
a) Services provided electronically
b) Withdrawal from the contract by the Consumer
c) Complaints and warranty,
in the limited scope of Art. 38 a of the Polish Act on consumer rights and art. 385/5, art. 556/4, art. 556/5 and art. 576/5 of the Polish Civil Code. In the remaining scope, the provisions of the T&C regarding B2B shall apply.
3. A business with the rights of a consumer, accepting these regulations during the purchasing process, and then using his rights listed in this paragraph, should complete the appropriate complaint or withdrawal form, in particular data confirming his status in accordance with art. 38a of the Polish Act on consumer rights or provide this information in another way.
4. Business referred to in the above point declares in the form sent to the Seller or otherwise that the purchased Product/s, and thus the agreed sales contract, are directly related to his business activity, but they are not related to that business subject or naturel, resulting in particular from the subject of business activity on the basis of the provisions on the Polish Central Register and Information on Economic Activity, which proves that he meets the conditions for such an entrepreneur to be considered. The forms constitute attachments to these Regulations.
1. Products and services provided by the Seller, available in the Store, are works within the meaning of the Polish Act of February 4, 1994 on copyright and related rights, are subject to legal protection and are intellectual property of the Seller..
2. By accepting these Regulations, the Customer acknowledges that all copyrights and all trademarks related to the Store belong to the Seller (or has appropriate licenses) and are subject to legal protection, in particular the Acts referred to in the above point.
3. In the event of the intention to use the Product in a manner inconsistent with the provisions of these Regulations, the Customer is obliged to obtain the Seller’s written consent.
4. The customer agrees to place his logotype in the list of customers of the Seller, thus granting him a non-exclusive license, free of charge, unlimited in time and territory to use for the purposes of the Seller’s activities in the following fields of use: saving in the field of digital recording in computer memory and Internet, reproduction by any technique, distribution in the Store, on the Seller’s websites and on social media, public display, without the right to sub-license.
§14 Personal data and cookies
In line with Art. 13 point 1 and point 2 GDPR (i.e. Regulation 2016/679 of the European Parliament and of the EU Council from 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act from 10 May 2018 on the protection of personal data, I inform that:
1. The administrator of the Customer’s personal data is Anna Szumilewicz – Jarmołowicz, also referred to as the Seller in the Regulations. The administrator independently performs the tasks of the Personal Data Protection Inspector. You can contact the Administrator using the following e-mail address: email@example.com or in writing to the Administrator’s address.
2. The Customer’s personal data provided in the forms in the Store will be processed on the basis of an agreement set between the Customer and the Administrator, the agreement of which takes place as a result of the acceptance of these Regulations, according to art. 6 point 1-b GDPR (necessity to setting and/or fulfilling the contract). It is necessary for the performance of this contract (execution of the Product order and creation of an Account) and then maintaining the Customer Account and customer service related to the set contract.
3. The Customer’s personal data may also be processed for the following purposes and on the following legal grounds:
a) issuing an invoice and fulfilling other obligations resulting from the provisions of Polish tax law – according to art. 6 point 1-c GDPR (obligation resulting from legal provisions);
b) processing of payment transactions through the electronic payment operator – according to art. 6 point 1-b GDPR (necessity to setting and/or fulfilling the contract);
c) addressing complaints or claims – according to art. 6 point 1-b GDPR (necessity to setting and/or fulfilling the contract);
d) establishing, investigating or defending against claims – according to art. 6 point 1-f GDPR (necessity to setting and/or fulfilling the contract);
e) telephone contact in matters related to the provision of the service – according to art. 6 point 1-b GDPR (necessity to setting and/or fulfilling the contract);
f) storage of unpaid orders – according to art. 6 point 1-f GDPR (legitimate interest of the administrator);
g) creating registers and records related to the GDPR – according to art. 6 point 1-c GDPR (obligation resulting from legal provisions) and art. 6 point 1-f GDPR (legitimate interest of the administrator);
h) archival and evidential purposes, for the purposes of securing information that may be used to prove facts – according to art. 6 point 1-f GDPR (legitimate interest of the administrator);
j) for direct marketing directed to the customer – according to art. 6 point 1-f GDPR (legitimate interest of the administrator).
4. Providing personal data is voluntary, but necessary for purposes related to setting the contract and the implementation of the legitimate interests of the Administrator. Failure to do so will make the Agreement and performance of the Agreement impossible.
5. The Customer’s personal data will be processed for the duration of the contract, as well as for the period of securing any claims in accordance with generally applicable legal acts. Then they will be removed, unless he decides to use the Administrator’s services and leaves them on a different basis and for the purpose indicated to him.
6. The Customer’s personal data will be made available to other recipients of data, such as, for example, services providing IT system maintenance and hosting services, e-mail service provider, mailing service provider (newsletter) or payment system, law firm, subcontractors and contractors involved in online store, etc.
7. Due to the fact that the Administrator uses external providers of various services, e.g. Facebook and subsidiaries, Google, Microsoft, etc., Customer data may be transferred to the United States of America (USA) in connection with their storage on American servers (in full or partially). Google and Facebook use the compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest protection and data security, including through:
a) cooperation with entities processing personal data in countries for which a relevant decision of the European Commission has been issued,
b) the use of standard contractual clauses issued by the European Commission (as is the case, for example, in the case of Google),
c) application of corporate rules approved by the competent supervisory authority,
or that for the transfer of personal data which the Customer has consented to.
8. The customer has the right to access their data, correct them, rectify them, delete or limit processing, the right to object to the processing, the right to transfer data, the right to request access to data, as well as the right to lodge a complaint with the supervisory body – the President of The Personal Data Protection Office, if it considers that the processing of its data is inconsistent with the currently applicable data protection law. He also has the right to be forgotten if further processing is not provided for by the currently applicable law.
9. The customer also has the right to withdraw consent at any time if he has provided his personal data on the basis of consent. Withdrawal of consent does not affect the processing of data which was carried out on the basis of consent before its withdrawal.
10. Customer data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Customer.
11. In order to ensure the safety of the Customer and the transfer of data in connection with the use of the Store, the Seller shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
§15 Extrajudicial methods of settling disputes and claims by the consumer
1. The Seller agrees to submit any disputes arising in connection with with concluded contracts for the delivery of the Product through mediation. Details will be determined by the parties to the conflict.
2. The consumer has the option of using extrajudicial means of dealing with complaints and redress. The consumer has the option of:
a) to apply to a permanent amicable consumer court for settlement of a dispute arising from the agreed contract,
b) apply to the vovoidship inspector of the Trade Inspection for the initiation of mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,
c) free use of the help of a borough (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
3. More detailed information on extrajudicial methods of dealing with complaints and redress, the Consumer may search on the website http://www.uokik.gov.pl and at the offices and websites of borough (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection or Vovoidship Inspectorates of the Trade Inspection.
4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to settle disputes between consumers and business seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract
5. The case may be considered by the arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.
§16 Final provisions
1. Agreements put through the Online Store and the services provided are performed in Polish or English and based on the provisions of Polish law..
2. The Seller reserves the right to amend the Terms & Conditions only for important reasons, such as: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these T&C, changes in technology. The new T&C come into force on the day of publication on the Seller’s internet platform on the subpage with Terms & Conditions..
3. Agreements set before the amendment to the Regulations shall be processed by the version of the Regulations in force on the date of the Agreement..
4. In the event that any provision of these T&C turns out to be inconsistent with generally applicable law and violates the interests of consumers, the Seller declares to apply the indicated correct provision.
5. Settlement of any disputes between the Seller and the Customer who is a consumer within the meaning of Art. 221 of the Polish Civil Law, is subject to the competent courts in accordance with the relevant provisions of the Polish Civil Law.
6. In matters not covered by these Terms & Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Law, the Act on consumer rights, the Act on the provision of electronic services, the Act on combating unfair competition, the Act on the protection of personal data and the General Regulation on Protection Personal Data (GDPR).