Offer Agreement
PUBLIC AGREEMENT (OFFER)
Regarding the Sale and Purchase of Goods Through an Online Store
This agreement constitutes an official and public offer by the Seller to enter into a contract for the sale and purchase of the Goods presented on the website https://loueflowers.com. This agreement is public, and its terms and conditions are the same for all buyers.
By entering into this Agreement (by accepting the offer), the Buyer fully accepts the terms and conditions regarding order placement, payment, delivery, returns, and all other terms of the Agreement.
1. Definition of Terms
An Offer is a public contract establishing the procedure for providing and receiving the Products offered on the Website.
The Website is an online platform that provides detailed information about products, including terms, prices, and warranties, with the aim of making this information available to the public so that potential buyers can make informed purchasing decisions. The Website’s domain address is: https://loueflowers.com
The Seller is the legal entity NR1 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.
The Buyer is a natural person who purchases Goods on the website https://loueflowers.com
Consumer (Konsument)—a natural person who enters into a legal transaction (concludes a contract) with the Seller that is not directly related to their business or professional activities.
Entrepreneur (Przedsiębiorca) — a natural person, legal entity, or organizational unit that conducts business activities and enters into a contract directly in the course of its professional or commercial activities.
Recipient — a natural person to whom the Goods are actually delivered, if different from the Buyer.
Goods — flowers, floral arrangements, decorative items, toys, and food products offered for sale on the Website.
Claim — a formal complaint filed by the Buyer for consideration by the Seller in accordance with the terms set forth in this Offer.
Order — a properly completed request by the Buyer to purchase and have the Goods delivered.
Acceptance — the Buyer’s full and unconditional acceptance of the terms of this agreement by confirming the Order.
2. General Provisions
2.1. In accordance with the terms of the Offer, the Seller agrees to provide the Buyer with the Products through the Website.
2.2. The selection, description, specifications, and current prices of the Products are listed on the Website.
2.3. To order Goods on the Website, the Buyer must review the description of the Goods to understand their specifications, add the Goods to the shopping cart, and make payment using the method offered by the Seller. Clicking the “Place Order” button (“Order with Obligation to Pay” / “Zamówienie z obowiązkiem zapłaty”) constitutes the Buyer’s unconditional consent to enter into a contract and entails an obligation to pay for the Product.
2.4. Acceptance of the terms of this Offer is equivalent to the conclusion of a contract between the Seller and the Buyer. By using the Website and the Seller’s Products, the Buyer agrees to the terms of use of the Website set forth in this Offer. If the Buyer does not agree to these terms, they are required to cease using the Website and the Products.
3. Placing an Order
3.1. The Buyer places an order independently through the Website without being required to register a customer account (personal account).
3.2. Orders are accepted and processed by the Seller through the Website during business hours after receipt of payment (payment for the Order), except for the “Cash on Delivery” payment option or the “Pickup” delivery option.
3.3. When placing an order, the Buyer selects the Product they wish to purchase. The Buyer must click “Buy” and provide the necessary information in response to the corresponding request.
3.4. The Buyer agrees to provide accurate and complete information necessary to fulfill the Order.
3.5. The Buyer may arrange for anonymous delivery. In this case, the Buyer’s (sender’s) information will not be disclosed to the Recipient. At the Buyer’s request, a signed card may be included with the Order, the text of which is determined by the Buyer.
3.6. The Seller has the right to refuse to fulfill the Order in the following cases:
• the Product is out of stock;
• the Buyer provides incorrect or inaccurate information;
• the Buyer violates the terms of this Agreement.
3.7. The public offer agreement regarding the Products offered on the Website is deemed concluded (accepted) after the Buyer completes all steps necessary to place an order, including, but not limited to, accessing the Website, selecting a Product, confirming payment, and completing the payment.
4. Payment
4.1. The price of the Products is listed on the Website in the national currency—zlotys (PLN). Payment for the Products may be made using bank cards (Visa, Mastercard) or through the payment services Apple Pay, Google Pay, Blik, Klarna, and Przelewy24. The payment date is the date on which the funds are credited to the Seller’s account or to the payment system used by the Seller.
4.2. The price of the Product is indicated on the Product page at the time the Order is placed and may not be unilaterally changed by the Seller after the Order is confirmed.
4.3. Prices for Products include value-added tax (VAT), where applicable.
4.4. Payment for the Product(s) is made on a 100% prepayment basis when ordering on the Website or in cash upon delivery by a courier or when picking up the order in person.
4.5. The Seller does not charge the Buyer any additional fees for using the selected payment systems. The amount of any fee or additional charge is determined by the relevant bank or payment system. The Buyer pays such fees independently and at their own expense in accordance with the rates of their bank or payment system.
4.6. The Seller issues and sends invoices electronically. The Seller guarantees the authenticity of their origin and the integrity of their content.
4.7. The Seller sends the electronic invoice and payment notification for the order to the email address that the Buyer provided to the Seller when registering a customer account or when placing the Order directly. If the Buyer changes the email address specified in their customer account, they must notify the Seller in writing via email at [email protected]. If no such notification is received, any correspondence sent to the Buyer’s current email address will be deemed to have been duly delivered.
5. Delivery
5.1. The Seller’s own courier service delivers the Goods within the city of Warsaw (Republic of Poland) and surrounding areas (up to 10 km from the city limits).
5.2. The cost of delivery services is not included in the Order price and must be paid separately by the Buyer. The Seller calculates the delivery cost independently, based on the distance to which the Order is delivered.
5.3. Before placing an Order, the Buyer is required to review the delivery terms and rates in the “Payment and Delivery” section of the Website.
5.4. The delivery cost is communicated to the Buyer when placing the Order on the Website and is paid by the Buyer at the same time as payment for the Order on the Website.
5.5. When placing an Order on the Website, the Buyer may choose one of the following options:
Delivery to a specific address. The Buyer provides their contact information, the delivery date and time, as well as the Recipient’s full details (name, phone number, street, house number, ZIP code).
Delivery without specifying an address (via phone number). The Buyer specifies only the date and desired delivery time, as well as the Recipient’s name and phone number. In this case, the Seller contacts the Recipient directly to confirm the exact delivery address;
Pickup. The Buyer places an Order with the condition that they will pick up the Item in person at the Seller’s studio on the selected date and time.
Delivery via social media username (Instagram, etc.). If the Buyer does not know the Recipient’s exact address or phone number, they may provide a link to the Recipient’s (username) of the Recipient on a social media platform. The Seller’s manager will independently contact the Recipient to obtain the delivery details. If the Recipient cannot be contacted within 48 hours of the Order being placed, or if the Recipient refuses to provide a delivery address, the Order will be canceled, and the funds paid will be refunded to the Buyer in full.
5.6. The Buyer receives a notification regarding the estimated delivery time after placing the Order and upon delivery. Delivery of the ordered Product shall not be subject to unreasonable delays.
5.7. An order is considered properly delivered at the moment it is handed over to the Recipient/Purchaser.
5.8. Address Changes or Redirection After Shipment. If the Buyer or Recipient wishes to change the delivery address after the Goods have already been handed over to the courier (shipped), or requests that the delivery be redirected to another address upon the courier’s arrival, the courier has the right to agree to such a change at its discretion. Such redirection is considered an additional service (re-delivery) and is paid for separately by the Buyer or Recipient (in addition to the cost of the initial delivery) in accordance with the rates for the relevant delivery zone.
5.9. The Seller shall not be liable for failure to deliver or improper delivery in the following cases:
The Recipient/Buyer is not at the specified delivery address and cannot be contacted;
The Recipient/Buyer refused to accept the Order;
The Recipient/Buyer did not appear at the specified delivery time or refused to provide an exact address (in the case of an order placed without specifying an address).
5.10. In the cases specified in Section 5.9 of this Agreement, the Order shall be returned to the Seller’s studio. The Buyer has the right to pick up the Order in person within 24 (twenty-four) hours from the time of the failed delivery. The Seller will arrange for redelivery of the Order only if the Buyer pays an additional fee for courier services. If the Buyer refuses redelivery and fails to receive perishable Goods within 24 hours, the funds paid for the Order are non-refundable.
5.11. With the Recipient’s consent, the Order may be left by the courier at another secure location (for example, with building security, at the front desk, with neighbors, or under the apartment door). In such a case, the Seller shall not be liable for any loss, damage, or other consequences that may arise in connection with the Order after it has been left at the location specified by the Recipient.
6. Return of Goods
6.1. Pursuant to Section 4 of Article 38 of the Law of the Republic of Poland “On Consumer Rights” (Act of May 30, 2014, on Consumer Rights), the Buyer is not granted the right to withdraw from a distance contract with respect to contracts for the delivery of goods that spoil quickly or have a short shelf life (fresh flowers, floral arrangements, food products). Fresh flowers of satisfactory quality are not eligible for return or exchange.
6.2. The Buyer has the right to cancel an Order for Goods (fresh flowers) only if the Seller is notified in advance and before the studio’s florists begin fulfilling the Order. If the Buyer has prepaid for the Order, the funds shall be refunded to the Buyer in full, provided that the cancellation conditions specified in this section are met.
6.3. If the Order was not delivered on the date selected by the Buyer/Recipient due to the fault of the Seller or the Seller’s couriers, the Buyer has the right to demand a refund in the amount of the Order if a prepayment was made.
6.4. A Buyer who is a consumer has the right to cancel the contract within 14 days without providing a reason, exclusively with respect to ancillary goods (toys, vases, decorative items), provided that such goods have not been used, retain their marketable appearance, consumer properties, and original packaging.
6.5. In the event of a valid return of related goods (Section 6.4), the Buyer shall bear the cost of returning them to the Seller. The Seller shall refund the cost of the goods to the Buyer within 14 days of receiving the returned goods or confirming their shipment.
6.6. Discrepancies between the actual appearance of the Goods (fresh flowers, floral arrangements) and their depiction on the Website or on the Seller’s social media accounts, resulting from the natural characteristics of live plants, do not constitute grounds for a refund or replacement of the Order, provided that the overall style and color scheme of the arrangement are preserved.
7. Complaints
7.1. The Seller is obligated to provide the Buyer with Goods that comply with the terms of the contract (zgodny z umową). The Seller is liable to the Buyer in the event that the Goods do not comply with the terms of the Contract, in accordance with the applicable laws of the Republic of Poland.
7.2. The Buyer has the right to file a complaint if, in their opinion, the received Goods do not comply with the terms of this Agreement or the requirements of the applicable laws of the Republic of Poland.
7.3. A complaint may be filed:
• via email to the Seller at: [email protected];
• in writing to the following address: Warsaw, Kolejowa 47A, Unit U6.
7.4. If possible, the Buyer shall include the following in the complaint:
order number;
date of receipt of the goods;
description of the problem;
preferred method of resolving the described problem.
7.5. If the complaint concerns the quality, freshness, or damage to the flowers, the Buyer must attach photographs to the complaint that clearly show the specified problem.
7.6. Given the specific nature and perishable nature of the Product (fresh flowers), the Seller strongly recommends that the Buyer or Recipient inspect the condition of the Product immediately upon delivery. If any issues are discovered (wilting, damage), the Seller asks that they be reported (with photos attached) as soon as possible, preferably no later than 24 hours after delivery. This recommendation does not waive the Consumer’s legal rights; however, failure to report defects in perishable goods in a timely manner may objectively complicate or render it impossible to resolve the complaint due to the inability to determine the cause of the damage (e.g., improper care after delivery).
7.7. The Seller shall decide whether to honor a claim based on a visual inspection of the photos and videos provided by the Buyer, as well as other relevant information.
7.8 The Seller shall not be liable for any changes in appearance, wilting, or damage to the Product (fresh flowers) that occur after its actual delivery and result from the Recipient’s/Buyer’s failure to follow the flower care instructions. Up-to-date and complete step-by-step instructions for caring for the bouquet are provided with the Order and/or posted on the Website. The condition, quality, and contents of the bouquet are documented by the Seller in photos or videos before shipment via courier. These materials serve as confirmation of the proper quality of the Product at the time of handover for delivery. The burden of proof that a defect in the Product existed prior to delivery rests with the Buyer.
7.9. The Seller, at its discretion, may arrange for the pickup of the bouquet from the Buyer/Recipient if it deems this necessary for the proper review of a submitted Complaint or for the replacement of the Product.
7.10. The Seller shall review the Complaint within 14 days of receiving it, in accordance with the laws of the Republic of Poland. If the Seller does not provide a response within this period, the Complaint shall be deemed valid.
7.11. The Seller shall respond to a received Complaint using the same method by which it was received by the Seller.
7.12. If the Seller deems the Complaint valid, the Seller shall bear the costs associated with fulfilling the Buyer’s lawful claims to the extent provided for by law and this Agreement.
7.13. The Seller may agree to one or more of the demands set forth in a valid Complaint and fulfill them. Taking into account the specific problem, its causes, and other relevant factors, the Seller reserves the right to independently select and offer the Buyer a solution to the problem described in the Complaint, including: replacing the Product, rectifying the identified defects, providing a partial refund, and, in cases provided for by law, issuing a full refund.
7.14. If, as a result of reviewing the Complaint, the Seller refunds the Buyer, the Seller may allow the Buyer to keep the bouquet and not return it. The Seller shall make this decision independently in each individual case.
7.15. The Seller’s fulfillment of the Buyer’s demands set forth in the Complaint does not constitute an automatic acknowledgment by the Seller of its liability for the Product’s nonconformity with the terms of this Agreement.
7.16. In the event of failure to comply with the mandatory conditions for filing a complaint specified in this section, the Seller reserves the right not to consider the complaint received.
8. Liability of the Parties
8.1. The parties shall be liable in accordance with the applicable laws of the Republic of Poland.
8.2. The Seller bears all risks associated with the loss or damage of the goods until they are transferred to the Buyer or the Recipient.
8.3. The Seller is liable for the actions of its own couriers when delivering Goods to Warsaw (Republic of Poland) and the surrounding areas (up to 10 km from the city limits).
8.4. The risk of accidental loss or damage to the Goods passes from the Seller to the Buyer/Recipient upon the actual transfer of the Goods to the respective Buyer/Recipient.
8.5. The Buyer is liable for providing false, inaccurate, or misleading information—that is, unreliable data—that prevents the Seller from properly fulfilling its obligations under this Agreement.
8.6. The Seller shall not be liable for failure to perform its obligations under this Agreement if the Buyer provides inaccurate information.
8.7. The Seller shall not be liable for the Buyer’s inability to access the Website, nor for the delayed delivery or non-delivery of messages via SMS and email caused by technical malfunctions, disruptions in the operations of telecommunications providers, or restrictions on Internet access.
8.8. By accepting this Offer, the Buyer is deemed to have agreed that the confidentiality of data transmitted over the Internet is not guaranteed in the event that third parties gain access to such data through technical communication means that do not belong to the Seller and are not under its control. The Seller shall not be liable for any losses caused by such access.
9. Personal Data
9.1. By placing an Order, the Buyer consents to the processing of their personal data in accordance with the Privacy Policy posted on the Seller’s Website.
9.2. The Seller undertakes to collect and process only the personal information that the User voluntarily provides so that the Seller may fulfill its obligations under this Agreement. Such information includes:
Buyer’s information: first name, last name, phone number, email address;
Recipient’s information (if different from the Buyer): first name, phone number;
Order delivery address.
9.3. The Buyer may delete their account at any time, provided they have previously registered.
9.4. Personal data is processed for the purpose of placing and fulfilling the Order, arranging delivery, and communicating with the Buyer/Recipient regarding the Order status.
9.5. Personal data may be transferred to the following third parties as necessary:
• the courier service responsible for delivering the Order;
• payment service providers for processing payments for the Order;
• the email marketing service provider;
• IT providers, the hosting provider, and accounting services to the extent necessary to ensure the operation of the Website and maintain accounting records.
9.6. As of the date of this Offer’s approval, the Website does not use analytics services to track user behavior or for advertising purposes. Should such services be implemented in the future, the Seller agrees to notify Buyers by updating this Offer and/or a separate Terms of Use policy.
9.7. Personal data is processed in accordance with the requirements of Regulation (EU) 2016/679 (GDPR) and the laws of the Republic of Poland on the protection of personal data.
10. Other Terms and Conditions
10.1. The Seller reserves the right to make changes to this Offer. The current version is posted on the Website and applies to Orders placed after the date it takes effect.
10.2. The Parties shall be exempt from liability for partial or complete failure to perform their obligations under this Agreement if such failure resulted from circumstances of force majeure, which arose after the conclusion of the Agreement and which the Parties could not have foreseen or prevented by reasonable measures, provided that the occurrence of such circumstances is legally documented.
10.3. All disputes arising in connection with this Offer shall be resolved through negotiations, and if no agreement is reached, in accordance with the procedures provided for by the laws of the Republic of Poland.
10.4. This Agreement is public and is freely available on the Seller’s website at https://loueflowers.com.
11. Seller’s Contact Information
NR1 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
NIP: 5243058315
REGON: 543463231
Address: ul. Wolińska 4, 03-699 Warsaw
Phone: +48 794 328 888
Email: [email protected]