Store Terms & Conditions

These Terms & Conditions set out the general terms, rules and method of sale conducted by Szkółka ‘Clematisy’ M.K.J. Wędrowscy via the online store at www.fruttii.com (hereinafter the “Online Store”), and define the rules and conditions for the provision by Szkółka ‘Clematisy’ M.K.J. Wędrowscy of free electronic services.

I. Definitions

Lowest Price – The lowest price at which the Product was available in the Online Store within the last 30 days.

Standard Price – The initial price of the Product applicable at the moment the Product appeared in the Online Store.

Promotional Price – The reduced price of the Product applicable after the Seller announces a promotion.

Business Days – Monday to Friday, excluding public holidays.

Delivery – The actual act of delivering to the Customer, via the Carrier, the Product specified in the order.

Carrier – The courier company with which the Seller cooperates for the delivery of Products.

Password – A sequence of letters, digits or other characters chosen by the Customer during Registration in the Online Store, used to secure access to the Customer Account.

Customer – An entity for whom, under these Terms and applicable law, electronic services may be provided or with whom a Sales Agreement may be concluded.

Consumer – A natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity.

Customer Account – An individual panel for each Customer, launched by the Seller after Registration and conclusion of the agreement for the provision of the “Customer Account Management” service.

Entrepreneur – A natural person, legal person or organizational unit without legal personality granted legal capacity by law, acting in their own name in the course of business or professional activity and performing a legal act directly related to such activity.

Entrepreneur with Consumer Rights – A natural person concluding a Sales Agreement directly related to their business, where the content of the Agreement indicates it does not have a professional character for that person, in particular arising from the subject of the business activity made available under CEIDG regulations.

Terms – These Terms & Conditions.

Registration – The factual act performed as prescribed in these Terms, required for the Customer to use all functionalities of the Online Store.

Seller – Szkółka ‘Clematisy’ M.K.J. Wędrowscy, registered office: ul. Sportowa 1a, 83-211 Kolincz, NIP: 9570721698, REGON: 192647942, registered by the Provincial Inspectorate of Plant and Seed Protection in Gdańsk under number 22/13/8129; e-mail: info@fruttii.com, being also the owner of the Online Store.

Store Website – The websites under which the Seller operates the Online Store, within the domain www.fruttii.com.

Product – A product presented by the Seller via the Store Website that may be the subject of a Sales Agreement.

Durable Medium – A material or tool enabling the Customer or Seller to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate to the purposes of the information and which allows the information to be reproduced unchanged.

Sales Agreement – A distance sales agreement concluded under the rules set out in these Terms, between the Customer and the Seller.

II. General Provisions and Use of the Online Store

All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, Store Website, as well as to templates, forms and logos posted on the Store Website, belong to the Seller. Use of them may only take place in the manner defined in these Terms and with the Seller’s written consent.

The Seller will make efforts to ensure that using the Online Store is possible for internet users with all popular web browsers, operating systems, device types and connection types. The minimum technical requirements to use the Store Website are: a browser at least Internet Explorer 11 or Edge 79 or Chrome 66 or Firefox 60 or Opera 53 or Safari 5 or newer, with JavaScript enabled, accepting “cookies”, and an internet connection of at least 256 kbit/s.

The Seller uses “cookies” which, while the Customers use the Store Website, are stored by the Seller’s server on the Customer’s end device. The purpose is to ensure correct operation of the Store Website on Customers’ devices. The mechanism does not damage the device nor change its configuration or the software installed on it. Each Customer may disable “cookies” in their browser; disabling may hinder or prevent the use of the Store Website.

To place an order via the Store Website or via e-mail and to use services available on the Store Website, the Customer must have an active e-mail account.

To place an order by phone, the Customer must have an active phone number.

It is forbidden to provide unlawful content and to use the Online Store, the Store Website or free services provided by the Seller in a manner contrary to law, good morals or infringing third-party personal rights.

The Seller informs that the public nature of the internet and electronic services may involve the risk of unauthorized acquisition and modification of Customers’ data; Customers should apply appropriate technical measures to minimize such risks, in particular anti-virus and identity protection software. The Seller never asks the Customer to disclose the Password in any form.

It is not permissible to use the resources and functions of the Online Store to conduct activities that would infringe the Seller’s interests, i.e. advertising another entrepreneur or product; posting content unrelated to the Seller’s activity; posting false or misleading content.

The Seller declares that it does not use an algorithm that adjusts prices based on automated decision-making.

III. Registration

1. To create a Customer Account, the Customer must complete free Registration.
2. Registration is not required to place an order in the Online Store.
3. For Registration, the Customer should complete the registration form made available on the Store Website and send it electronically to the Seller by selecting the appropriate function in the form. During Registration, the Customer sets an individual Password.
4. When completing the form, the Customer may read these Terms and accepts them by ticking the appropriate field.
5. After sending the completed form, the Customer promptly receives by e-mail to the address provided confirmation of Registration by the Seller. At that moment, an agreement for the electronic service “Customer Account Management” is concluded and the Customer gains access to the Account and the ability to modify data provided during Registration.

IV. Orders

1. Information on the Store Website does not constitute an offer within the meaning of the Civil Code, but an invitation to Customers to submit offers to conclude a Sales Agreement.
2. Orders via the Store Website or e-mail may be placed 24/7.
3. Orders by phone may be placed during the hours and days indicated on the Store Website.
4. When ordering via the Store Website, the Customer selects Products and adds them with the “ADD TO CART” command. After completing the basket, choosing Delivery and payment method, the Customer submits the order by clicking “Buy and pay”. Before sending the order, the Customer is informed of the total price for Products, Delivery and any additional costs.
5. When ordering by phone, the Customer indicates the Product name, quantity, Delivery method and address, and payment method, and provides an e-mail or postal address for the Seller to confirm the proposed agreement and the order. During the call, the Seller informs the Customer of total Product prices, Delivery cost and any additional costs.
6. The Seller confirms the content of the proposed Sales Agreement, recorded—at the Customer’s choice—on paper or by e-mail, before the Agreement is concluded.
7. The Customer’s statement concluding the Sales Agreement after receiving the Seller’s confirmation as above is recorded on paper or another Durable Medium.
8. After concluding a Sales Agreement by phone, the Seller sends, on a Durable Medium to the provided e-mail or postal address, a confirmation of the terms of the Sales Agreement, including the Product, its price, Delivery cost and any other costs.
9. When ordering by e-mail, the Customer sends the order to the address provided on the Store Website, indicating in particular: Product name and code, color, quantity, and contact details.
10. Upon receiving the message, the Seller replies by e-mail with its registration details, prices of selected Products, available payment methods, Delivery options and costs, and all additional payments. The message also informs that concluding a Sales Agreement by e-mail entails an obligation to pay. Based on this information, the Customer may place an order, indicating the chosen payment and Delivery method.
11. Placing an order is the Customer’s offer to the Seller to conclude a Sales Agreement for the Products covered by the order.
12. After placing the order, the Seller sends confirmation of receipt to the Customer’s e-mail address.
13. Next, the Seller sends information on acceptance of the order for processing. This constitutes the Seller’s acceptance of the offer, upon receipt of which the Sales Agreement is concluded.
14. After concluding the Sales Agreement, the Seller confirms its terms by sending them on a Durable Medium to the Customer’s e-mail address or in writing to the address provided at Registration or when ordering.

V. Payments

1. Prices shown on the Store Website next to a Product are gross prices and do not include Delivery or other costs, of which the Customer will be informed when choosing Delivery and placing the order.
2. The Customer may choose the following payment methods:
   • card payments (Visa, MasterCard, American Express) via Stripe, operated by Stripe Payments Europe, Limited, Dublin (order processing begins after the Seller confirms acceptance and the payment is successfully authorized/settled),
   • traditional bank transfer to the Seller’s account: 56 8342 0009 2012 4000 0229 0003 (order processing begins after the Seller confirms acceptance and funds are credited to the Seller’s bank account).
3. If prepayment is chosen, the Customer should pay within 7 Business Days.
4. If the Customer fails to pay on time, the Seller sets an additional deadline on a Durable Medium, informing that upon ineffective lapse the Seller will withdraw from the Sales Agreement. After the second ineffective deadline, the Seller sends a statement of withdrawal pursuant to Art. 491 of the Civil Code.

VI. Delivery

1. The Seller is obliged to deliver a Product compliant with the Sales Agreement.
2. The Seller provides on the Store Website the number of Business Days needed for Delivery and order processing.
3. The Delivery and order processing time indicated on the Store Website is counted in Business Days as per §5 sec. 2 of the Terms.
4. Ordered Products are delivered via the Carrier to the address indicated in the order form. The Carrier is UPS.
5. On the day of dispatch, the Customer receives confirmation of shipment to their e-mail address or by SMS.
6. The Customer should examine the delivered parcel in the time and manner customary for such shipments. In case of shortage or damage, the Customer has the right to request a damage report from the Carrier’s employee.
7. The Seller is not a VAT payer; on request issues a Receipt. To receive a Receipt, company data including NIP must be correctly provided.
8. If the Customer is absent at the Delivery address, the Carrier will leave a notice or try to call to arrange a new time. If the parcel is returned to the Online Store, the Seller will contact the Customer by e-mail or phone to re-arrange Delivery time and cost.

VII. Complaint Procedure

1. If the Customer finds package damage during transport, a damage report must be drawn up in the presence of the Carrier.
2. Any item purchased in the store may be complained about within the time limits and under the conditions set by law if it has defects constituting its non-compliance with the Sales Agreement. Complaints may be submitted by post by returning the goods with a written description of the defect to: Szkółka “Clematisy” M.K.J. Wędrowscy, ul. Sportowa 1a, 83-211 Kolincz (near Starogard Gdański), with the note “Complaint”. Complaints may also be submitted by e-mail (info@fruttii.com). The complaint should include a brief description. The Store will make every effort to process complaints as soon as possible, but no later than 14 days from receipt. The Customer will be informed of the outcome e-mail.
3. Complaints are not accepted in cases of improper plant cultivation, or mechanical, thermal or technical damage caused by the Customer. The Seller is not responsible for further cultivation after the complaint period. The Seller has no influence over the Customer’s gardening work when planting or further cultivation (watering, fertilizing, protection from excessive sun, frost, improper spraying, etc.).
4. If the complaint is accepted, the Customer may choose:
   • shipment of new plants at our cost,
   • refund (within 7 Business Days to the bank account provided by the Customer).

VIII. Withdrawal from the Sales Agreement

1. A Customer who is a Consumer or an Entrepreneur with Consumer Rights may withdraw within 30 days without stating a reason.
2. The period starts when the Consumer/Entrepreneur with Consumer Rights or a third party indicated by them (other than the carrier) takes possession of the Product.
3. Withdrawal may be made by submitting a statement to the Seller in writing to: Szkółka “Clematisy” M.K.J. Wędrowscy, ul. Sportowa 1a, 83-211 Kolincz, or by e-mail to: info@fruttii.com. A standard withdrawal form may be used. Sending the statement before the deadline suffices.
4. Upon withdrawal, the Agreement is considered not concluded.
5. If the statement is submitted before the Seller accepts the offer, the offer ceases to be binding.
6. The Seller shall promptly, no later than 14 days from receipt of the withdrawal statement, refund all payments, including the cost of delivery to the Consumer/Entrepreneur with Consumer Rights. The Seller may withhold the refund until receiving the Product back or proof of its return, whichever occurs first.
7. If the Consumer/Entrepreneur with Consumer Rights chose a delivery method other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to refund additional costs.
8. The Product must be returned without delay, no later than 14 days from the day of withdrawal. Sending back before the deadline suffices.
9. In case of withdrawal, the Consumer/Entrepreneur with Consumer Rights bears only the direct cost of return.
10. If due to its nature the Product cannot be returned by ordinary post, the Seller informs on the Store Website about the costs of return.
11. The Consumer/Entrepreneur with Consumer Rights is liable for diminished value resulting from use beyond what is necessary to determine the nature, characteristics and functioning of the Product.
12. Refunds are made using the same payment method as used by the Consumer/Entrepreneur with Consumer Rights, unless they expressly agree otherwise without incurring costs.
13. The right of withdrawal does not apply to a Consumer where the subject of the service is items which, after delivery, by their nature become inseparably connected with other items.
14. The right of withdrawal does not apply where the Product is perishable or has a short shelf life.
15. The Entrepreneur with Consumer Rights declares in the form sent to the Seller that the Sales Agreement does not have a professional character for them, including with respect to their registered business scope.
16. The Seller may withdraw from the Agreement with a Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights within 14 calendar days of conclusion. Such withdrawal may be without cause and shall not give rise to claims against the Seller.

IX. Free Services

1. The Seller provides the following free electronic services: Chat; Contact Form; Newsletter; Customer Account Management; Posting Opinions.
2. The services in §10(1) above are provided 24/7, except Chat, which is provided during the hours/days indicated on the Store Website.
3. The Seller may choose/change the type, form, time and manner of access to selected services, informing Customers as appropriate for amending the Terms.
4. Chat: real-time contact via a communicator on the Store Website. Resignation is possible at any time by not initiating connections.
5. Contact Form: sending a message to the Seller via the form on the Store Website. Resignation is by ceasing to send inquiries.
6. Newsletter: available to any Customer who enters their e-mail address in the registration form and activates the link received by e-mail. Upon activation, an agreement for the Newsletter service is concluded. Messages contain information about new products or services. Every Newsletter includes sender info, a filled “subject” field and instructions on how to unsubscribe. Unsubscription is available via the link in each message.
7. Customer Account Management: available after Registration; provides a dedicated panel to modify data, track order status and view order history.
8. The Customer who registered may request Account deletion; deletion may occur within 14 days of the request.
9. Posting Opinions: allows Customers with an Account to publish individual, subjective statements regarding Blog posts. Opinions may be positive or negative.
10. Resignation from Posting Opinions is by ceasing to publish content.
11. The Seller may block access to the Account and free services if the Customer acts to the Seller’s detriment (advertising another entrepreneur/product; unrelated, false or misleading content), harms other Customers, violates law or the Terms, or for security reasons (e.g., breaching security or hacking). Blocking lasts as needed to resolve the issue. The Seller notifies the Customer by e-mail. Blocking is not possible due solely to a negative opinion posted by a registered Customer who purchased the Product.

X. Customer Liability for Posted Content

1. By posting and sharing content, the Customer voluntarily disseminates content. Posted content does not express the Seller’s views and should not be attributed to the Seller. The Seller is not a content provider, only the provider of appropriate ICT resources.
2. The Customer declares they are entitled to use copyrights, industrial property rights and/or related rights to works/trademarks/objects comprising the content; that providing personal data, images and information about third parties was legal, voluntary and with consent; agrees that other Customers and the Seller may access the content and authorizes the Seller to use it free of charge under these Terms; agrees to make derivative works within the meaning of the Copyright Act.
3. The Customer is not entitled to: post third-party personal data or disseminate third-party images without required consent; post advertising/promotional content within the services referred to in §10.
4. The Seller is liable for content posted by Customers only upon receiving a notification in accordance with §12.
5. It is prohibited to post content that: is in bad faith (e.g., intended to infringe personal rights); violates any third-party rights (copyright, related rights, industrial property, trade secrets, confidentiality); is offensive or threatening, includes vulgarities; conflicts with the Seller’s interests (advertising of another entrepreneur/product; unrelated content; false or misleading content); otherwise violates these Terms, good morals, applicable law or social norms.
6. Upon receiving a notification under §12, the Seller reserves the right to modify or remove Customer content, in particular content that, based on reports from third parties or authorities, may violate these Terms or applicable law.
7. The Customer agrees to the free use by the Seller of content posted by the Customer on the Store Website.

XI. Reporting Threats or Rights Infringements

1. If a Customer or another person/entity believes content published on the Store Website violates their rights, personal interests, good morals, feelings, morality, beliefs, principles of fair competition, know-how, or a legally protected or contractual secret, they may notify the Seller of the potential infringement.
2. Upon notification, the Seller will promptly act to remove from the Store Website the content that is the cause of the infringement.

XII. Personal Data Protection

The rules for protecting Personal Data are set out in the Privacy Policy.

XIII. Termination of the Agreement (not applicable to Sales Agreements)

1. Both the Customer and the Seller may terminate the agreement for electronic services at any time without stating reasons, subject to rights acquired before termination and the provisions below.
2. A Customer who registered terminates by sending a statement of will to the Seller using any means of remote communication enabling the Seller to read it.
3. The Seller terminates by sending a statement of will to the Customer’s e-mail address provided during Registration.

XIV. Final Provisions

1. The Seller is liable for non-performance or improper performance of the agreement; however, for agreements concluded with Customers who are Entrepreneurs, the Seller is liable only for damage caused intentionally and within the limits of actual losses incurred by the Entrepreneur Customer.
2. The content of these Terms may be recorded by printing, saving to a medium or downloading at any time from the Store Website.
3. In the event of a dispute arising from a Sales Agreement, the parties will seek an amicable resolution. The governing law for all disputes arising hereunder is Polish law.
4. The Seller informs Consumers of the possibility of using out-of-court complaint and redress methods. Rules of access are available at the offices and websites of authorized entities (e.g., consumer ombudsmen, Provincial Inspectorates of Trade Inspection). A list is available on the UOKiK website. The EU ODR platform is available at http://ec.europa.eu/consumers/odr/.
5. The Seller reserves the right to amend these Terms. All orders accepted before the effective date of the new Terms are processed under the Terms in force at the time of ordering. Changes take effect 7 days after publication on the Store Website. The Seller will inform the Customer 7 days before the new Terms take effect via e-mail containing a link to the amended text. If the Customer does not accept the new Terms, they must notify the Seller, which results in termination pursuant to §14.
6. Agreements with the Seller are concluded in English.
7. The Terms take effect on 15/06/2025.