Rules

The online shop available at the internet address https://e-iglaki.pl is operated by the company  

 COMPANY DATA:  

NAME: E-ToMaZZo TOMASZ ZIELECKI  

ADDRESS: 230 1 Maja Street, 44-340 Godów  

NIP: 6472519066  

ACCOUNT NUMBER:  

mBank  

66 1140 2004 0000 3802 6646 8453  

REGON: 241436430  

Body which has registered the business activity: Voit of Godów Municipality  

Number in the register: WDEDG No. 1775/2009  

COMPANY DETAILS:  

NAME: E-ToMaZZo TOMASZ ZIELECKI  

ADDRESS: 230 1 Maja Street, 44-340 Godów  

NIP: 6472519066  

BANK ACCOUNT NUMBER:  

mBank  

66 1140 2004 0000 3802 6646 8453 

§ 1 

General provisions 

1.  The online shop available at www.e-iglaki.pl, www.e-iglaki.cz, www.e-heckenpflanzen.eu is operated by the company:  

COMPANY DATA:  

NAME: E-ToMaZZo TOMASZ ZIELECKI  

ADDRESS: 230 1 Maja Street, 44-340 Godów 

NIP: 6472519066  

REGON: 241436430  

BANK ACCOUNT NUMBER:  

mbank  

66 1140 2004 0000 3802 6646 8453,  

whose business activity is registered by the Mayor of Godów Commune in the register of: WDEDG 1775/2009. 

2 Definitions:  

• Online shop - the Seller's online shop available at www.e-iglaki.pl, www.e-iglaki.cz, www.e-heckenpflanzen.eu through which the Buyer can place an order,  

• Regulations - these regulations of the online shop,  

• Seller - 

• Buyer - a natural person, a natural person running a business, a legal person or an organisational unit without legal personality, who uses services provided electronically by the Seller, 

• Consumer - an adult natural person with full legal capacity, making a purchase at the Seller's not directly related to his/her business or professional activity,  

• Registration form - a form available in the online shop that allows creating an Account,

• Account - a set of resources in the Seller's ICT system, marked with an individual name (login) and password provided by the Buyer, in which the Buyer's data is collected, including information about placed orders,  
• Order form - a form available in the online shop that allows placing an order, 

• Order - the Buyer's declaration of will constituting an offer to conclude a contract of sale of a Product with the Seller,  

• Sales contract - a contract of sale of a Product within the meaning of the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended), concluded through the online shop in Polish/English. 

• Product - a movable item available in the Internet shop, being the subject of a sales agreement between the Purchaser and the Seller, 

• Proof of purchase - a fiscal receipt, VAT invoice or other document confirming the purchase of a Product. 

3. Advertisements, the Seller's advertisements, price lists and other information about the products, provided on the web pages of the online shop, in particular their descriptions, technical and usage parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93 as amended). 

4. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93 as amended), to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned provisions, the latter shall prevail. 

§ 2 

Conditions for placing an order 

1.  The buyer is obliged to use the online shop in a manner consistent with applicable law, rules of social coexistence and good morals, taking into account respect for personal rights and intellectual property rights of third parties. 

2. The online shop sells on the territory of the Republic of Poland. 

3. Orders can be placed 7 days a week, 24 hours a day. This provision does not apply to Orders placed by telephone and fax. 

4. The buyer may choose one of the following ways of placing an order:  

• placing an order by filling in the order form on the online shop website,  

• placing an order by e-mail, 

• placing an order by telephone,  

• placing an order by fax.  

E-mail orders should contain the name of the products, quantity, choice of payment method and contact details for shipping. 

5. Orders referred to in point 4 of this paragraph placed on weekdays (Saturdays, Sundays and public holidays will be processed on the next working day). 

6. Confirmation of the placement and acceptance of the order will be sent to the Buyer by the Seller by e-mail. 

7. The contract of sale shall be deemed to have been concluded as soon as the individual order ID number is generated and/or the Buyer receives the e-mail message referred to in clause. 6 of this paragraph. 

8. Orders that have been forwarded for processing may be cancelled until the product is dispatched. This provision only applies to Buyers who are legal persons. For other Buyers, orders cannot be cancelled. 

9. The average lead time for an Order (from submission to dispatch to the Buyer) is: 7 working days. We reserve the right of delivery up to 21 working days and the right to change the delivery date, which may depend on, among other things, weather conditions, etc. 

10.  In the event that the ordered Products are out of stock, the Buyer shall be informed of this fact and the associated extension of the delivery time immediately, and within 48 hours at the latest. 

§ 3 

Warranty 

1.  In accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827.), the plants sent are classified as perishable goods (Art. 38, item 4.), and are therefore not entitled to a 14-day return period. 

2. The guarantee applies to tubers, bulbs and seeds purchased in III, IV, IX and X, where the guarantee is 14 days from the date of delivery, and 7 days from the date of delivery in the remaining period. 

3.  The guarantee covers plants in a bale and plants in pots purchased in III, IV, IX and X, where the guarantee is 1 month from the date of delivery, and 14 days from the date of delivery otherwise. 

4. The guarantee covers bare-root plants purchased in III, IV, IX and X, where the guarantee is 1 week from the date of delivery, but no guarantee is given for the rest of the period. 

5. The customer will not incur any additional costs for the delivery of the claimed goods to our company. Upon agreement with the customer, a courier may be sent to pick up the claimed goods, or the costs of sending the goods back to our company by the customer will be reimbursed in full. 

6. In the event of an unjustified complaint, the customer will be charged the cost of the return and re-dispatch of the goods. 

7. We do not reimburse postage and packing costs. 

8. Complaints and refunds are processed within 14 working days. 

9. In the event that plants arrive different from those ordered; broken, in other sizes or species, claims must be made within 24 hours of receipt of the shipment. 

10. Complaints will only be considered upon presentation of proof of the purchase (receipt, invoice). 

11. A condition of the warranty is that the plant is planted and cared for in accordance with the art of gardening, i.e.: 

• the substrate should be properly prepared 
• HOW DO I PLANT POTTED, BALED AND BARE-ROOT PLANTS? - When you receive the parcel from the courier, the plants should be taken out of the carton. If the goods are in pots or multiples we water the plants, while the bare root plants we soak in water at air temperature for about 1 h (there should not be too much temperature amplitude). Then prepare a trench 40 cm wide and deep along the length of the target hedge planting. For planting, use peat for conifers with a ph of 4.5-5.5. The peat needs to be wet and mixed. Pour this mixture over the entire trench and plant conifers in it. Water plants in the morning and evening. On hot days, do not water in the sun, so as not to burn them. For the first month, it is essential to water with rooting agent (kristalon yellow) in the morning and late evening 3 times a week, repeating the action a minimum of 10 times ( 1 kg - 1000 l) . 

We recommend using the following proportions for one watering.  

For plants under 80cm, use 25l of 4.5-5.5ph peat and for one watering of plants use 25g. Rooter mixed with 25l of water.  

For plants over 80cm, use 50l of peat 4.5-5.5ph and for one watering of plants use 50g of rooting agent mixed with 50l of water. 

• if a plant is not planted according to the above instructions, the warranty is void  

• in addition, for the warranty to be valid the peat must have been purchased from us or from another company specialising in the sale or trade of peat, with the name and the corresponding ph of 4.5-5.5 on the invoice, but the date of the invoice must be no more than 24 hours after receipt of the plants from the courier 

• the seller gives the warranty on the assumption that the buyer will maintain the plants in accordance with the care rules for the plant species concerned (correct planting depth, soil type, soil preparation, fertilising and watering) 

• in the event of force majeure, particularly in the event of drought, frost, pest infestation, etc., the warranty does not apply. 

10. At the express request of the buyer, a warranty period of 1 year can be granted, however, only by prior agreement with our company, as each application will be considered individually. 

11. The seller does not guarantee the reception of the plants. 

12. All plant sizes quoted may vary by 10% downwards or upwards, these differences are acceptable for products of nature and do not constitute a lack of quality. 

13. The patterns show the average characteristics of a plant. Not all plants need to be identical to the pattern 

§ 4 

Payments 

1.  Each order is accompanied by a proof of purchase. 

2. A buyer who is not a legal person, for the purpose of processing an order, authorises the Seller to issue a proof of purchase without the recipient's signature. 

3. The choice of payment is made by the buyer when placing the order. The buyer can choose one of the possible payment methods: 

✔ payment by cash on delivery, 

✔ payment by regular or online transfer to the Seller's bank account,  

✔ payment in cash (upon receipt of the product),  

✔ payment via internet payment system - e.g. Dotpay, PayU, PayPal etc, 

4. If the buyer fails to make payment within 7 days of the order confirmation, the Seller has the right to cancel the order by informing the buyer by email or telephone. 

5. The Seller reserves the right to change product prices. Orders placed prior to the entry into force of the changes referred to in the above paragraph will be executed according to the rules in force at the time of their placement. 

6. In the event of late payment, at the latest 30 days after the date of the invoice or the date of acceptance of the goods, statutory interest will be charged. 

§ 5 

Shipping and packaging and delivery obligation 

1. Transport is at the expense and risk of the buyer. If the dispatch date is delayed by the buyer's fault, all risks associated with the delayed receipt of the plants shall pass to the buyer from the date of readiness for reception. 

2. The seller undertakes to pack the goods securely. 

3. In the event of natural catastrophes such as drought, hail, frost or other causes not attributable to the seller (e.g. strike, change of currency, other impediments preventing the company from operating), the delivery date is extended until the impediment has ceased to exist. If the delivery is impossible due to the aforementioned reasons, the seller is released from his obligation to deliver. Possible claims for compensation by the buyer will not be accepted. 

§ 6 

Reservation of ownership 

1. The delivered goods shall remain the property of the seller until payment in full, i.e. until the buyer has paid off all debts owed to us, including interest. 

2. The seller also does not lose the right to the delivered plants if the buyer has planted them on his own or foreign land. 

3. The buyer is obliged to take proper care of the goods, through proper storage, planting, fertilising and watering. 

§ 7 

Right of withdrawal 

1. The Buyer, who is a consumer within the meaning of Article 221 of the Civil Code (Journal of Laws No. 16, item 93 as amended), has the right to withdraw from a contract concluded at a distance, without giving any reason, within 14 days of receiving the Product. 

2. The Buyer shall not be entitled to the above entitlement in the following cases: 

a) the provision of services, if the Seller has performed the service in full with the explicit consent of the Buyer, who has been informed before the service is provided that he will lose his right of withdrawal after the Seller has performed the service, 

b) contracts relating to services for which the price or compensation depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period,

c) contracts whose object of performance is a non-refabricated item produced to the buyer's specifications or intended to meet the buyer's individual needs, 

d) contracts for goods which are perishable or have a short shelf life, 

e) contracts whose object of performance is an item supplied in sealed packaging which cannot be returned after opening, for health or hygiene reasons, if the packaging has been opened by the purchaser after delivery, 

f) specific contracts for goods which, by their nature, are inseparable from other goods after delivery, 

g) contracts in which the Buyer has expressly requested that the Seller come to him to carry out urgent repairs or maintenance. If the Seller provides in addition other services than those requested by the Buyer or supplies items other than the spare parts necessary for the repair or maintenance, the Buyer shall have the right to withdraw from the contract with regard to the additional services or items, 

h) contracts concluded by public auction. 

3. For effective withdrawal from the contract referred to in point 1 of this paragraph, it is sufficient for the Buyer to make a written declaration by e-mail to: etomazzo@o2.pl or by post, within the statutorily assigned 14-day period from the moment of receipt of the delivery. A model declaration is included in Appendix No. 1. 

4. The Buyer, when withdrawing from the contract, is obliged to return the Product in unaltered condition together with the Proof of Purchase or a copy thereof within 14 days from the date of the withdrawal. 

5. The shipping costs for the returned Product shall be borne by the Buyer. 

6. The Buyer shall be liable for any decrease in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product. 

7. The Seller guarantees to refund the price of the Product and the shipping costs of the Product to the Buyer immediately, no later than within 14 days. 

8. The Seller shall refund the payment using the same means of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of refund that does not incur any costs for the Buyer. 

9. In the event that the Buyer has chosen a delivery method other than the cheapest ordinary one offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for any additional costs incurred by the Buyer. 

10. Returns of Products sent at the Seller's expense or cash on delivery will not be accepted. 

11. In the case of Buyers who are not consumers within the meaning of Article 221 of the Civil Code (Journal of Laws No. 16, item 93, as amended), i.e. persons performing legal actions directly related to their economic or professional activity, withdrawal from the contract in the above scope is completely excluded - please make your purchases prudently and thoughtfully. 

12. The Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or the Consumer has provided evidence of its return, whichever event occurs first. 

§ 8 

Transport – delivery 

1. In the case of delivery by our transport, we reserve the right to change the previously agreed date in the event of:  

- vehicle breakdown  

- complications during transport  

- illness of the driver  

- bad weather conditions  

- fortuitous events (accidents, roadworks, traffic jams etc.) 

2. We reserve the right to deliver 24 hours / 7 days a week. 

3. We are not responsible for the costs incurred if you make a contractual arrangement with the gardening company or persons who are to perform the planting service for a particular planting date. 

4. The gardening company or persons who are to carry out the planting service should be contacted after receiving the goods. 

5. In the case of parcel delivery, we are not responsible for damage/destruction of the parcel by the carrier. The situation must be clarified with the courier upon delivery. 

§ 9 

Complaint 

1. The Purchaser may submit to the Seller written complaints regarding the concluded Agreement together with all attachments to the address of the Company: E-ToMaZZo Tomasz Zielecki, ul. 1 Maja 4, 44-348 Skrzyszów. 

2. The buyer will not incur any additional costs for the delivery of the claimed goods to the company's premises. Upon agreement with the Customer, a courier will be sent to collect the advertised goods or the costs of sending the goods back to us will be refunded in full. In the case of an unfounded complaint, the customer will be charged for the cost of returning the goods and shipping them back. 

3. The buyer may request a free repair or replacement with goods in conformity with the contract. If repair or replacement proves impossible or too expensive and the reported defect is significant, the buyer may withdraw from the contract with a demand for a refund. 

4. In order to lodge a complaint, a