The terms used in these Terms and Conditions mean:
Business Days – days from Monday to Friday, excluding public holidays;
Registration Form – a form available in the Store enabling the creation of an Account.
Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the delivery and payment methods.
Customer – an entity purchasing a Product via the Online Store, concluding a Sales Agreement or using an Electronic Service in accordance with these Terms and Conditions, who is a natural person with full legal capacity, a legal person, or an organisational unit without legal personality to which the law grants legal capacity;
Civil Code – the Act of 23 April 1964;
Consumer – a natural person who, with an entrepreneur, performs a legal act not directly related to their business or professional activity;
Account – the part of the Online Store assigned to a given Customer, through which the Customer can perform specific activities within the Online Store. The Customer gains access to the Account using the Login and associated Password. The Customer logs in to their Account after registering in the Online Store.
Cart – an Electronic Service provided to the Customer within the Online Store, enabling, in particular, easy placement of an Order for a selected quantity of Products, displaying a summary of the Price of individual Products and the total Price of all Products, as well as the total value of the Order.
Newsletter – a service whereby the Customer can receive commercial information from the Seller in messages sent to the e‑mail address provided by the Customer. To use it, a valid e‑mail address must be supplied or the appropriate box activated in the registration or Order form.
Product – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
Entrepreneur – a Customer who is not a Consumer and who concludes a Sales Agreement or a Service Agreement with the Seller for a purpose directly or indirectly related to their business or professional activity.
Terms and Conditions – this document.
Seller – Jakub Chachlowski, 43‑310 Bielsko‑Biała, ul. Mazowiecka 6, NIP 9372770058, REGON 541432249, entered in the Central Register and Information on Economic Activity kept by the minister competent for the economy, NIP: 5472181945, REGON: 367903189, e‑mail: kontakt@lunoflora.eu, tel: 500 789 988.
Sales Agreement – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on electronic service provision.
Digital Service – a service that allows the Consumer to: – create, process, store or access data in digital form; – share data in digital form transmitted or generated by the Consumer or other users of that service; – engage in other forms of interaction using such data.
Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
Digital Content – data produced and supplied in digital form.
Technical Requirements – minimum requirements necessary for cooperation with the ICT system used by the Seller/Service Provider, i.e.:
a computer/laptop or other multimedia device with Internet access;
access to e‑mail;
an Internet browser: Mozilla Firefox 17.0 or later, Internet Explorer 10.0 or later, Opera 12.0 or later, Google Chrome 23.0 or later, Safari 5.0 or later, Microsoft Edge 25.10586.0 or later;
enabled Cookies and JavaScript in the browser;
an active e‑mail address.
Order – the Customer’s declaration of intent submitted via the Order Form that directly aims at concluding a Sales Agreement for a Product or Products with the Seller.
2. General Provisions
These Terms and Conditions define the general conditions and manner of providing electronic services and selling via the Online Store https://lunoflora.eu/.
These Terms and Conditions are continuously available on the website https://lunoflora.eu/ in a manner that allows them to be obtained, reproduced and recorded by printing or saving on a storage medium at any time.
The condition for using the Store is reading and fully accepting these Terms and Conditions.
All periods are calculated in accordance with Article 111 of the Civil Code, meaning a period specified in days ends with the expiry of the last day, and if the beginning of a period specified in days is a certain event, the day on which that event occurred is not counted.
Using the Online Store is possible if the ICT system used by the Customer meets the minimum Technical Requirements.
The Seller declares that every sold product‑plant (single item) is accompanied by a plant passport.
The Customer is obliged to:
provide only true, current and all necessary data in the registration and order forms within the Online Store, and promptly update them;
use the services provided by the Seller in a manner that does not disrupt the operation of the Seller, the Online Store and other Customers;
use the services provided by the Seller in compliance with the law and the provisions of these Terms and Conditions.
3. Electronic Services
The Services are provided by the Seller free of charge, 24 hours a day, 7 days a week.
Via the Online Store, the Service Provider provides the following Electronic Services to Customers:
User Account;
Cart;
Order placement and conclusion of Sales Agreements under the rules set out in these Terms and Conditions;
Newsletter.
Using a User Account is possible after the Customer completes the following steps: – filling in the Registration Form and accepting these Terms and Conditions, – clicking the “Register/Create Account” button.
After registering the Account, the Customer can log in to the Online Store using the e‑mail address and password provided during registration.
The agreement for the provision of the User Account service in the Online Store is concluded for an indefinite period and is terminated upon the Customer’s request to delete the Account or by using the “Delete Account” button.
The Seller may refuse to register an Account if the Customer breaches section II.7 of these Terms and Conditions.
The agreement for the provision of the User Account service in the Online Store is concluded for an indefinite period and is terminated upon the Customer’s request to delete the Account or by using the “Delete Account” button.
The Cart is an electronic service that begins when the Customer adds the first Product to the Cart. The Cart is one‑off, free of charge and ends when the Customer places or stops placing an Order. Depending on available functionality, the Cart may remember Product information after the browser session ends, but it does not guarantee Product availability.
The agreement for the Electronic Service that allows placing an Order is concluded for a definite period and terminates upon placing the Order or ceasing to place it.
The Newsletter is a service provided at the Customer’s request after concluding an agreement; it involves sending Customers who provided their e‑mail address commercial information about the Seller’s products and services, including current offers, promotions, discounts and marketing campaigns.
The agreement for the Newsletter service is concluded for an indefinite period and terminates upon the Customer’s request to delete their e‑mail address from the newsletter subscription or by using the unsubscribe link in the message content.
The Seller may terminate the Service Agreement with the Customer at any time with 14 days’ notice for important reasons, understood as a change in legal regulations affecting mutual rights and obligations under the agreement between the Seller and the Customer, or a change in the scope or manner of providing services to which these Terms and Conditions apply.
In case of the Customer breaching these Terms and Conditions, the Seller may terminate the Service Agreement with 14 days’ notice after a prior ineffective request to cease or remove violations, setting an appropriate deadline.
Termination of the Account service agreement by either Party, as well as termination of the Account service agreement by mutual consent, does not affect rights acquired by the Parties before its termination.
4. Orders / Sales Agreement
The information about Products on the Store’s website, including descriptions, technical and usability parameters and prices, constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.
All Products available in the Online Store are natural products that may differ from the photos on the Store’s website in colour, shape, form, etc.
The dimensions of plants are usually understated or averaged by the Seller. The Seller provides the size of the smallest specimens.
The Seller is not the producer of the plants but purchases them from a Polish farmer.
For Products that are plant protection products within the meaning of the Plant Protection Products Act of 8 March 2013 (Journal of Laws 2013, item 455, as amended) and Regulation No 1107/2009 (OJ EU L 2009.309.1 of 24 November 2009, as amended), Orders and Sales Agreements may only be placed and concluded by Customers who are adult natural persons with full legal capacity and who have the qualifications required of persons purchasing plant protection products set out in Article 28 of the Plant Protection Products Act of 8 March 2013 (Journal of Laws 2013, item 455, as amended).
The Seller enables placing Orders via the online store 24 hours a day, 7 days a week.
Orders can be placed by Online Store Customers who have correctly completed the Registration Form on the Store’s website. Orders can also be placed without registration. If there is no user account, the Customer must fill in a separate order form with the data necessary to conclude the sales agreement. The order form requires the Customer’s name and surname, address, phone number and e‑mail address. The Customer must choose the Product and its quantity, select the delivery method and payment form from the options on the Store’s website.
During the ordering process, the Customer must also provide the personal data marked as obligatory in the order form. Providing such data is voluntary but necessary to place the Order.
The Customer sends the Order to the Seller using the functionality of the Online Store, which entails the obligation to pay. For a Customer without an Account, acceptance of the Terms and Conditions is required.
The Sales Agreement between the Customer and the Seller is concluded after the Customer previously places an Order via the Order Form.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts it for processing. Confirmation of Order receipt and acceptance for processing is sent in an e‑mail to the address provided during the Order, containing at least the Seller’s statements about receiving the Order and accepting it for processing and confirming the Sales Agreement. Upon receipt of this e‑mail, the Sales Agreement between the Customer and the Seller is concluded.
The total order value includes the Product price and shipping costs.
The Sales Agreement is concluded in Polish, consistent with these Terms and Conditions.
If it is impossible to fulfil the performance or in other cases provided by law, the relevant provisions of the Civil Code may apply, in particular the obligation to promptly refund the performance to the Consumer.
5. Prices
All prices in the Store are quoted in Polish zloty and include taxes, including VAT (gross price).
Information about the Product price, characteristics and essential properties is available in the Store and shown next to each Product.
The binding and final price is the price shown in the Cart in the Order summary at the time the Customer places the Order via the Store.
The Seller reserves the right to change Product prices, withdraw and introduce new Products. These changes do not affect Orders placed before the date the changes take effect.
The Seller reserves the right to make ongoing price changes and to conduct and cancel promotions, discounts and sales. These changes do not affect Orders placed before the change.
Order fulfilment is possible provided the Product is available in the Store.
6. Payments
Payment for Products in the Online Store is made via:
electronic transfer or payment card through “Przelewy24”;
BLIK;
traditional bank transfer – when making the transfer, the Customer should use the order number as the payment title and make the transfer after contacting the Seller at the details below.
If traditional bank transfer is chosen, the payment for the Order must be made within 5 Business Days from the date of Order placement. The order number should be used as the payment title. The Order will be processed after the payment is credited to our account. If payment is not made within this period, the Order will be cancelled. The payment date is the date the funds are credited to the Seller’s bank account.
The online payment service provider is PayPro S.A., ul. Pastelowa 8, 60‑198 Poznań.
Before making a payment, the User is informed of the amount to be paid, the available payment methods and the payment operator’s details, if applicable. Detailed regulations for electronic payments are available on the payment operator’s website.
When paying via an electronic payment operator, the User should follow the instructions provided by the operator.
The Customer authorises the Seller to issue a VAT invoice (or other sales document) without the recipient’s signature in electronic form.
7. Delivery
Products are delivered to the address indicated by the Customer during Order placement.
The delivery time and Order processing time are counted in Business Days.
The total waiting time for the Customer to receive the Product (delivery time) consists of the time the Seller needs to prepare the Order for shipment and the time the carrier needs to deliver the Product.
On the Store’s website, in the Product description, the Seller informs the Customer of the number of Business Days needed to process the Order and deliver it, and of the delivery costs.
Order processing begins after:
bank transfer – once the payment is credited to the Seller’s account,
electronic payment or payment card – upon confirmation received by the Seller from the payment operator,
cash on delivery or personal collection – from the conclusion of the agreement.
Orders are processed within 24 to 48 working hours from the moment of posting the payment or confirming the order in the case of cash on delivery. Weekends and days off from work are not included. Orders placed on Thursday after 15: 00 and on Friday can only be shipped on Monday to avoid the packages being held in the carrier’s warehouse over the weekend. The customer will be informed immediately of any delays by e-mail or telephone.Delivery costs are precisely specified during Order placement and displayed below the list of selected products. The total payment is the sum of the prices of all ordered products and the delivery cost.
Carrier delivery is carried out from Monday to Thursday due to the risk of packages being stored in unsuitable conditions in a courier sorting facility over the weekend/holidays, which may cause damage.
The Seller reserves the right to delay the shipment of plant products due to weather conditions. If the night‑time temperature in the Seller’s region drops below −5 °C, shipment is delayed until the weather improves.
The Seller fulfils Orders within the territory of the Republic of Poland.
The delivery duration after the carrier receives the parcel depends on the delivery method chosen by the Customer and is specified in the regulations of the respective carriers.
8. Returns and Withdrawal from the Agreement
Pursuant to Article 38 point 4 of the Consumer Rights Act, the right to withdraw from a distance contract does not apply to products that deteriorate rapidly or have a short shelf life.
Due to the nature of the products offered – plant compositions in glass (terrariums) and potted plants – we do not accept returns of these products. They are living, sensitive goods that may be damaged during return transport and are not suitable for resale.
Products made to individual order (e.g. personalised compositions, dedication toppers) are also non‑returnable, in accordance with Article 38 point 3 of the Act.
If a product arrives damaged or does not match the Order, please contact us immediately at: kwiatwszkle.kontakt@gmail.com. Each such case is considered individually.
9. Complaints Procedure
For sales agreements concluded from 1 January 2023, in the event of non‑conformity of a product with the sales agreement towards consumers, the provisions of the Consumer Rights Act in the wording effective from 1 January 2023 (Chapter 5A) apply.
Complaints should be addressed to the Seller:
by mail to: LunoFlora Jakub Chachlowski, 43‑310 Bielsko‑Biała, ul. Mazowiecka 6,
A product is in conformity with the agreement if, in particular, it conforms to the agreement regarding its description, type, quantity, quality, completeness and functionality, and for products with digital elements – also compatibility, interoperability and availability of updates, as well as suitability for any particular purpose required by the consumer that the consumer made known to the Seller no later than at the time the agreement was concluded and that the Seller accepted.
Moreover, to be deemed in conformity with the agreement, the product must: be fit for the purposes for which goods of that description are normally used, considering legal regulations, technical standards or good practices; be in the quantity and possess the characteristics, including durability and safety, and for products with digital elements – functionality and compatibility, typical for goods of that type and which the consumer can reasonably expect, taking into account the nature of the goods and any public statement made by the entrepreneur, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
they were unaware of the public statement and could not reasonably have been aware of it,
before the agreement was concluded, the public statement was corrected in the same way or in a comparable way to how it was made,
the public statement did not influence the consumer’s decision to conclude the agreement.
The product must also be delivered with packaging, accessories and instructions that the consumer can reasonably expect, and be of the same quality as a sample or model made available by the entrepreneur before the agreement and match the description of that sample or model. For products with digital elements, Articles 43k(3) and (4) and 43l(4) of the Consumer Rights Act apply accordingly.
The Seller is not liable for non‑conformity with the agreement as described above if the consumer was explicitly informed before the conclusion of the agreement that a particular feature of the goods deviates from the conformity requirements and explicitly and separately accepted this lack of that feature.
If the product is not in conformity with the agreement, the consumer may demand its repair or replacement. The Seller shall repair or replace the product within a reasonable time from being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer, taking into account the nature of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, in particular postage, transport, labour and materials, are borne by the Seller.
The consumer makes the product available to the Seller for repair or replacement. The Seller collects the product from the consumer at their own cost. The consumer is not required to pay for ordinary use of the product that is subsequently replaced.
If the product is not in conformity with the agreement, the consumer may submit a statement of price reduction or withdrawal from the agreement when:
the Seller has refused to bring the product into conformity with the agreement under Article 43d(2) of the Consumer Rights Act;
the Seller has failed to bring the product into conformity with the agreement under Article 43d(4)–(6);
the lack of conformity persists despite the Seller’s attempt to bring the product into conformity;
the non‑conformity is so significant that it justifies a price reduction or withdrawal without first using the remedy specified in Article 43d;
it is clear from the Seller’s statement or circumstances that they will not bring the product into conformity within a reasonable time or without undue inconvenience to the consumer.
The reduced price must be in the same proportion to the price under the agreement as the value of the non‑conforming product is to the value of a conforming product.
The Seller reimburses the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days of receiving the consumer’s statement on price reduction.
In case of withdrawal from the agreement, the consumer returns the product to the Seller immediately at the Seller’s expense. The Seller refunds the price to the consumer immediately, no later than within 14 days of receiving the product or proof of its return.
The consumer cannot withdraw from the agreement if the lack of conformity is insignificant. It is presumed that a lack of conformity is significant.
The Seller is liable for non‑conformity existing at the time of delivery and revealed within two years thereafter, unless a longer period of usability was specified.
It is presumed that any lack of conformity that becomes apparent within two years of delivery existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the non‑conformity.
The Seller must respond to the consumer’s complaint within 14 days of receipt.
The provisions for consumers in this chapter also apply to agreements concluded from that date with natural persons concluding an agreement directly related to their business activity, when it does not have professional character for them. To determine whether such a customer has consumer rights, it should be verified whether the agreement is professional in nature based on the entry in the Central Register and Information on Economic Activity.
The Seller complies with Chapter 5B of the Consumer Rights Act regarding agreements for the supply of digital content or digital services. The Seller is liable for lack of conformity of digital content or services supplied continuously that occurs or becomes apparent during the period in which they are to be supplied, which cannot be shorter than two years from the delivery of goods with digital elements. It is presumed that a lack of conformity that appears in this time occurred during that period.
10. Out‑of‑Court Complaint and Redress Procedures
The Seller informs about the possibility of using out‑of‑court complaint and redress procedures. These are voluntary and may occur only if both parties to the dispute agree.
Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out‑of‑court complaint and redress procedures and access rules, is available at the offices and websites of district (municipal) consumer ombudsmen, voivodeship inspectorates of the Trade Inspection and at https://www.uokik.gov.pl/pozasadowerozwiazywaniesporow_konsumenckich.php.
A Consumer has, for example, the following possibilities:
a request for dispute resolution to a permanent consumer arbitration court;
a request for out‑of‑court dispute resolution to the voivodeship inspector of the Trade Inspection.
Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that an online dispute resolution platform (ODR) is available at http://ec.europa.eu/consumers/odr/ – a single‑point-of‑entry website for consumers and traders seeking to resolve disputes out of court relating to contractual obligations arising from online sales or service contracts.
11. Force Majeure Clause
Neither party shall be liable for failure to perform any of its obligations if such failure results from an unforeseeable event beyond its control or an incident of force majeure, including but not limited to an epidemic, flood, fire, storm, shortage of raw materials, transport strike, partial or total strike, or blockade. The affected party must promptly notify the other party, no later than 5 Business Days after the event occurs.
The parties agree to make every effort to fulfil the obligation as best as possible during such events.
This clause does not limit consumer rights in any way.
12. Personal Data Protection
The Seller collects and processes Customers’ personal data in accordance with applicable law and the Privacy Policy.
The Seller applies appropriate technical and organisational measures to protect the processed personal data.
Additional explanations on personal data protection are contained in the “Privacy Policy” tab on the Website.
13. Final Provisions
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, website, including product photos, as well as forms and logos, belong to the Seller and may be used only in the manner specified and consistent with these Terms and Conditions.
Polish law is the governing law for agreements with Customers. The United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980, does not apply.
The choice of Polish law does not deprive consumers in the EU of protection afforded by the law applicable in their habitual residence.
In matters not regulated in these Terms and Conditions, Polish law provisions apply.
All Customers will be informed of any changes to these Terms and Conditions via information on the Online Store’s homepage, indicating when they come into force. Customers with an Account will also be notified by e‑mail with a summary of the changes. The effective date of changes will be at least 14 days from their announcement. If an Account‑holding Customer does not accept the new content, they must inform the Seller within 14 days of being notified. Such notification results in termination of the Agreement.
