1. Service provider

The website is operated, and goods are sold through it, by Flormont sp. z o.o., ul. Hoża 29/31, 00-521 Warszawa, Polska, entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy, KRS) under number 0001264972 by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register (Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy KRS), NIP 7011330495, REGON 545686768, share capital PLN 5,000.00, hereinafter “Flormont”. Email: kontakt@flormont.com.

2. Definitions

• Website: this website with all its pages and the catalogue.
• User: anyone who opens the Website.
• Customer: a business whose trade application Flormont has approved.
• Supply Contract: the framework contract between Flormont and the Customer, to which each order is a specification.

3. For businesses only

The Website is addressed exclusively to businesses: legal persons and natural persons who buy in connection with their business or professional activity. Flormont does not sell to consumers through the Website. By submitting an application or an order you declare that you act as a business and, if you act on behalf of a company, that you are authorised to do so.

4. Electronic services

Flormont provides the following services through the Website free of charge:

• viewing the Website and the catalogue;
• the trade application form;
• the contact form and the corporate enquiry form;
• the quality claim form;
• sending the price list by email, if you have given your consent.

The contract for the viewing service is concluded when you open the Website and ends when you leave it. The contract for the one-off service of a form is concluded when you send the form and ends once the request has been handled. The price list is sent from the time you give your consent until you withdraw it.

5. Technical requirements

• a device with internet access and a current version of a browser (Chrome, Firefox, Safari, Edge) with JavaScript enabled;
• local storage in the browser is needed only to remember the catalogue view, see Cookies;
• a trade application requires a working email address or phone number.

Using the internet involves risks: malicious software, phishing emails sent in the name of sellers, and interception of data on open networks. Use an up-to-date browser and antivirus software.

6. Trade application and verification

• A trade application may be submitted by a business within the meaning of section 3.
• An account manager reviews the application within one working day. Flormont checks the registration details of the business in public registers and may refuse the application without concluding a contract if the business status is not confirmed.
• The Customer informs Flormont of any change to its registration details.
• The Customer may end cooperation at any time by email to kontakt@flormont.com or through the account manager. Ending cooperation does not cancel confirmed orders or payment obligations.
• Flormont may suspend or end cooperation with 14 days’ notice, or immediately in the event of a breach of these terms, the provision of false details, payment overdue beyond the period stated in the terms of trade, or purchases not made for business purposes.

7. Orders and contract of sale

• Flormont is the seller and the contracting party for every order.
• Information in the catalogue is an invitation to conclude a contract and not an offer within the meaning of the Polish Civil Code (Kodeks cywilny).
• Orders are taken by an account manager by email or phone. An order is accepted when the account manager has confirmed it by email.
• Prices, discounts, the minimum order, payment, delivery, cancellation and the amount retained for late cancellation are set out on the Terms of trade page and in the Supply Contract. In the event of discrepancies the Supply Contract prevails.
• Prices are quoted in euros excluding VAT. Tax is charged under the rules applicable to the particular supply.

8. Quality of goods and claims

Flowers and plants are perishable goods, so quality claims are handled within the time limits and under the procedure described on the Claims page: 24 hours for cut flowers and 72 hours for pot plants from the time of delivery. Claims are reviewed and decided by Flormont as the seller. In dealings between businesses this procedure replaces the seller’s liability under statutory warranty for defects (rękojmia) in accordance with Article 558 § 1 of the Polish Civil Code, to the extent permitted by law.

Polish law grants certain consumer rights to a natural person running a business who concludes a contract that is directly connected with that business but is not of a professional nature for that person (Article 385⁵ of the Civil Code, Article 7aa of the Polish Consumer Rights Act (ustawa o prawach konsumenta)). These terms do not limit such rights. The right to withdraw from a distance contract does not apply to perishable goods (Article 38(1)(4) of the Consumer Rights Act).

9. Prohibited conduct

• sending through the forms any content that breaks the law or infringes the rights of third parties, in particular other people’s personal data without a legal basis;
• providing false details about a business;
• interfering with the operation of the Website, or collecting catalogue data in bulk by automated means without the written consent of Flormont. Online shops receive available lots and prices as a CSV file.

10. Website content

The texts, lot photos, catalogue structure, and the Flormont mark and name are protected by copyright and database rights. A Customer may use lot photos to sell goods bought from Flormont. Any other use requires written consent.

11. Availability of the Website and liability

• Flormont takes care to keep the Website running without interruption but does not guarantee it.
• Quantities in available lots are updated at intervals, so they are indicative until the order is confirmed.
• To the extent permitted by law, Flormont’s liability to a business for losses connected with use of the Website is limited to actual damage and does not cover lost profits. This limitation does not apply to damage caused intentionally.

12. Complaints about the Website

Send a complaint about the operation of the Website or its forms to kontakt@flormont.com or by post to the company’s address. Give the name of the business, a contact, a description of the problem and the time it occurred. We reply within 14 days of receipt, through the same channel by which the complaint arrived. Claims about the quality of goods are submitted through a separate form.

13. Personal data

The rules for processing personal data are set out in the Privacy policy, and the rules for storing entries in the browser on the Cookies page.

14. Changes to these terms

Flormont may change these terms for good reason: a change in the law, new functions of the Website, or a change in payment or delivery methods. We publish the new version on this page and notify Customers by email at least 14 days before it takes effect. A Customer who does not agree to the changes may end cooperation before that date. Orders accepted earlier are governed by the version in force at the time of the order.

15. Governing law and court

• These terms and contracts concluded through the Website are governed by the law of the Republic of Poland. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply.
• Disputes with businesses are heard by the court with jurisdiction over Flormont’s registered office in Warsaw. This does not apply where mandatory provisions of law establish a different jurisdiction.
• The Polish version of these terms is the binding one. This English version is a translation. In the event of discrepancies the Polish version prevails.