Terms and Conditions

Terms and Conditions

I. Definitions

1.        Terms and Conditions – these Terms and Conditions;

2.        SAMOYA – Samoya Jakub Szczygielski ul. Kręta 50 lok. U1 15-345 Białystok, NIP: 5361231976, email address: odnogi.pl@gmail.com

3.        User – a natural person, legal person or organizational unit that is not a legal person, to whom special regulations grant legal capacity, placing an Order within the Store and making purchases through the Store;

4.        Store – online store available at www.odnogi.pl and on relevant subpages through which the User can place Orders for Products;

5.        Order – the User's declaration of will directly aiming at concluding a Product Sales Agreement with Samoya;

6.        Product – goods or services offered for sale by Samoya in the Store;

7.        Sales Agreement – a sales agreement for a Product concluded between Samoya as seller and the User as buyer through the Store;

II. General Provisions

1.        The provisions of the Terms and Conditions define the rules for using the Store, as well as the rights and obligations of the User and Samoya. 

2.        The Terms and Conditions define, in particular, the terms and conditions for concluding Sales Agreements by the User and Samoya, the rules for delivery and complaints of Products, as well as other rights and obligations of the User and Samoya arising from the Sales Agreement.

3.        The User and Samoya are obliged to comply with the provisions of these Terms and Conditions.

4.        Samoya makes the Terms and Conditions available to the User free of charge before the User starts using the Store. The User may save the content of the Terms and Conditions in a convenient way, e.g. by saving it on a durable medium or printing it.

5.        Before concluding a Sales Agreement, please read the Terms and Conditions carefully. Acceptance of the Terms and Conditions is a condition for using the Store and concluding a Sales Agreement.

6.        Samoya provides services via the Internet using the Store.

7.        Access to and use of the Store is possible provided that a device such as a computer, tablet, phone (or other similar function) with Internet access is used. Using the Store also requires having an up-to-date version of a web browser that supports cookies, e.g. Firefox, Chrome, Opera, Safari, Internet Explorer, installed on the device.

8.        Access to the Store is only possible with an Internet connection. The User is obliged to provide Internet access at their own expense. 

9.        The User is obliged to use the Store in a way that does not disrupt its operation. 

10.  Through the Store, Samoya provides electronic services to the User.

11.  The basic service provided electronically to the User by Samoya is to enable the User to conclude a Product Sales Agreement. This service is provided free of charge, within the price paid for the Sales Agreement.

12.  The User may not provide unlawful content through the Store.

13.  The User may use the Store to familiarize themselves with Samoya's offer or to conclude Sales Agreements.

14.  Product photos offered in the Store, especially plants and flowers, are examples of Products (goods of a given type) so the Products delivered under the Sales Agreement may differ slightly, e.g. in size or color, from the Products shown in the photos posted in the Store. 

15.  Each Product offered by Samoya has a specified price. The presented price is a gross price, expressed in Polish currency, and includes the VAT rate appropriate for the given product category. The price presented to the User in the Store is a binding price.

16.  If no price is given for the Product, the Product presentation does not constitute an offer within the meaning of the Civil Code, but merely an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

17.  Samoya's offer presented in the Store is based solely on new Products, free from physical and legal defects.

III. Concluding sales agreements through the store

1.        The User may place Orders only through the Store. Placing an Order by the User in a way other than through the Store requires separate arrangements with Samoya.

2.        Orders can only be placed for Products offered by Samoya in the Store. Orders can be placed 24 hours a day, 7 days a week.

3.        To place an Order, the User should select a Product from the Store's offer, add the Product to the basket and specify the quantity of the Product, as well as indicate the delivery address and choose the payment method. When placing an Order, the User is also obliged to provide a phone number for contact with the User and the delivery date and time slot in which the delivery is to be made.

4.        Until the Order is approved by the User by clicking the Buy now button, the User can modify the Order, including selected payment methods.

5.        The condition for effectively placing an Order is the correct completion of the order form in the Store. If the provided data is erroneous or incomplete, Samoya has the right to refuse to accept the Order, which it may exercise after a prior attempt to contact the User (if possible) in order to determine the correct data or its completeness. Samoya's refusal to accept the Order means that no Sales Agreement is concluded. Samoya will refuse to accept the Order by email or phone. 

6.        Confirmation of acceptance of the Order is the sending of an email by Samoya to the User (to the address provided by the User) confirming acceptance of the Order. The date of receipt by the User of the email confirming the Order is the date of conclusion of the Sales Agreement.

7.        Samoya only processes properly paid Orders, i.e. after payment of the full price for the Products and delivery costs (if applicable). The payment date is considered to be the date when the price and/or delivery costs are credited to Samoya's bank account, which is provided to the User in the order confirmation email.

8.        Ownership of the Products purchased by the User transfers to the User on the date of full payment of the price.

IV. Delivery and order fulfillment time

1.        Samoya offers products with delivery throughout Poland within 72 hours, unless the fulfillment time is longer and this information is displayed on the product page.

2.        Before receiving the package with the Products, the User should check whether the Products have been damaged in transit. If the package is damaged, the User has the right to refuse to sign the acceptance protocol and to demand opening the package in the presence of the person delivering the package in order to check whether the delivered Products have been damaged. The person delivering the package is obliged to wait until the contents of the package have been checked by the User. 

3.        In case of package damage, an damage report should be filled out on the form provided by the person delivering the package.

4.        In case of Product damage in transit, the User has the right to refuse to accept the package and Product.

5.        Signing the package acceptance protocol with the Product or the lack of comments made to the person delivering the package / courier is tantamount to the User's acceptance of the delivered Product.

V. Payments

1.         Samoya provides the User with the following payment methods: 
a. bank transfer;
b. online payments 

2.        The entity providing online payment processing is Paynow.pl – mBank S.A. with its registered office in Warsaw at ul. Senatorska 18, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000025237, NIP: 526-021-50-88, with fully paid-up share capital of PLN 169,401,468.

3.        In case of a price refund, it will be refunded in the same way Samoya received payment.

VI. Withdrawal from the sales agreement

1.        A User who is a consumer or a User to whom consumer protection provisions apply has the right to withdraw from the Sales Agreement without stating a reason within 14 days from the date of concluding the Sales Agreement.

2.        To exercise the right of withdrawal referred to above, the User should send Samoya an unambiguous statement of withdrawal to Samoya's email address provided in section I of the Terms and Conditions or to Samoya's registered office address with an example content: "I hereby inform you about my withdrawal from the agreement for the provision of digital content purchased in the store at www.odnogi.pl concluded on ____ by (Consumer's first name and last name): Consumer's address: Date: Email address provided during authorization or registration, Signature (required only for postal correspondence)"..

3.        To meet the withdrawal deadline, it is sufficient for the User who is a consumer (or treated as a consumer) to send information about the withdrawal before the withdrawal deadline expires. Upon receipt of the withdrawal information, Samoya will immediately send the User confirmation of receipt of the withdrawal information in the same form in which the withdrawal information was received.

4.        In the event of withdrawal from the Sales Agreement, the User who is a consumer (or treated as a consumer) will receive a refund of the paid price immediately, but no later than 14 days from the date Samoya was informed of the withdrawal.

5.        Using the Product before the deadline for submitting a statement of withdrawal from the contract is tantamount to the User losing the right to withdraw from the Sales Agreement.

6.        After withdrawal from the Sales Agreement, the User should return the Product from which the purchase was withdrawn to Samoya, in a condition that allows for its further sale.

7.        The costs of returning the Product from which the User withdrew the purchase shall be borne by the User.

8.        The User is responsible for any reduction in the value of the Product from which they withdrew the purchase, resulting from using it in a manner exceeding what is necessary to ascertain its quality or suitability for the agreed use. 

9.        In the event of returning a Product from which the User withdrew the purchase in an incomplete or unusable condition, especially if it is destroyed or damaged, the User is obliged to compensate Samoya for the damage resulting from the Product losing its properties or decreasing in value.

VII. Warranty and complaints

1.         Products offered by Samoya are covered by the manufacturer's warranty.

2.        Any defects of the Products should be reported to Samoya immediately after their discovery. 

3.        Information about defects should be submitted in writing with an attached photo of the Product showing the defect that is the basis for the complaint.

4.        Complaints should be submitted electronically to the email address odnogi.pl@gmail.com.

5.        The User has the right to file complaints regarding the improper functioning of the Store.

6.        All complaints regarding the Store should be submitted by email to Samoya's email address provided in the Terms and Conditions. 

7.        In the complaint, the User should describe the reasons for the complaint.

8.        Samoya does not provide technical support or assistance regarding the operation of software installed on the User's computer/phone/tablet or other device for operating the Store.

9.        Complaints are processed within 14 working days from the date of submission.

10.  After exhausting the complaint procedure, the User has the right to pursue claims in court proceedings.

VIII. Personal data protection and technical measures

1.        In connection with the operation of the Store, as a result of placing Orders, Samoya gains access to personal data such as the User's first name and last name (company name), NIP number, email address, phone number, and address (registered office). 

2.        Samoya is the personal data controller within the meaning of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR). Personal data is processed by Samoya in accordance with currently applicable laws, in particular the GDPR and the Personal Data Protection Act. 

3.        Samoya may process the User's personal data and personal data made available or entrusted by the User, necessary for the fulfillment of the Order placed via the Store, in particular:

1.        User's last name and first name (company name);

2.        User's email;

3.        User's phone number 

4.        User's address; 

5.        User's Tax Identification Number (NIP).

4.        The personal data indicated above will be processed for the purpose of fulfilling the Sales Agreement, for analytical and statistical purposes, and other purposes consistent with applicable legal provisions. Providing personal data is voluntary, however, the User acknowledges that the provision of personal data made available to Samoya is necessary to enable communication and to fulfill the Order and the Sales Agreement.

5.        The personal data provided to Samoya will also be processed by Samoya for statistical purposes and for the purpose of establishing, pursuing or defending against claims related to the Sales Agreement or placing Orders.

6.        Personal data will be processed until the Sales Agreement is executed and for the period necessary to establish, pursue or defend against claims, i.e., until the statute of limitations for claims arising from the Sales Agreement or claims related to personal data processing expires, or until the User objects. After the expiry of the aforementioned period, the User's personal data will be anonymized and stored (processed) solely for statistical and historical purposes.

7.        The User has the right to access their data, the right to rectify (correct, supplement) it, restrict its processing or delete it. The User also has the right to data portability, which means receiving their personal data in a structured, commonly used and machine-readable format. The User also has the right to transfer this personal data to another controller. If technically possible, the User has the right to request that personal data be transmitted directly by Samoya to another controller. To exercise the above rights, please contact Samoya. 

8.        The User has the right to object at any time to the processing of personal data for statistical and analytical purposes. To exercise the right to object, please contact Samoya.

9.        The User has the right to lodge a complaint with the supervisory authority dealing with personal data protection, which in Poland is currently the President of the Personal Data Protection Office, if they believe that the processing of their personal data violates the GDPR.

10.  Samoya may also transfer the User's personal data to other third parties providing services to it related to the execution of the Sales Agreement, in particular to entities providing transport of Products purchased by the User.

IX. Final provision

1.        The Regulations may be amended.

2.        The User will be informed about changes to the Regulations by Samoya by sending the new content of the Regulations to the User's email address or during the next purchase of a Product in the Store.

3.        The User has the right to refuse to accept the amended Regulations, of which they should inform Samoya in the manner specified for complaints. The User's objection to the amended content of the Regulations shall have the effect of a statement of resignation from the services offered through the Store.

4.        The provision of electronic services through the Store does not require obtaining permission from any authority.

5.        Any disputes arising in connection with or on the occasion of concluding Sales Agreements, the parties undertake to resolve amicably.

6.        Disputes between Samoya and a consumer (or a person to whom consumer protection provisions apply) may be resolved amicably through proceedings before an arbitration court under the rules specified in the regulations of that court, e.g., before permanent consumer arbitration courts at provincial trade inspection inspectors, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2009, No. 151, item 1219), under the rules specified in the Regulation of the Minister of Justice of 25 September 2001 on defining the regulations for the organization and operation of permanent consumer arbitration courts (Journal of Laws of 2001, No. 113, item 1214).

7.        A case may be considered by an 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 are submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.

8.        A User who is a consumer (or a person to whom consumer protection provisions apply) has the option of using out-of-court dispute resolution before the Permanent Consumer Arbitration Court at the Provincial Inspector of the competent Trade Inspection. Information about the procedure and a list of entities authorized to resolve consumer disputes can be found at the following address: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

9.        A user who is a consumer (or a person to whom consumer protection regulations apply) also has the option of using the EU online platform, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

10.  In matters not regulated by these Terms and Conditions, Polish law shall apply.