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Regulations of Internet Flower Market Fioreo

 

I. Definition of used phrases

 

 1. Subscription - the fee paid in advance by the customer to the service provider in the form provided in the description of the service, for the use of this service within the specified time.

2. Administrator - a person authorized to maintain and administer the Fioreo website.

3. Auctions - procedures for concluding the sale of goods, as defined in the Regulations, including both the offer procedure and the bidding procedure.

4. Password - a string of fixed characters set up to ensure authorized access to the Portal by the customer, which is used to identify customers.

5. Civil Code - Act of 23 April 1964. (Journal of Laws in Poland No. 16, pos. 93, as amended.).

6. Comments - a function by which members/users have the opportunity to express their views and comments. At the same time, comments shall not prejudice the rights and personal rights of customers and the author takes full responsibility for their content.

7. Account - maintained for the user by the system Fioreo under a unique name (login), is a collection of resources that contain user data and information about its activities under Fioreo.

8. Buyer - User taking action to purchase, regardless of the type of auction.

9. Bidder - The user who has made an offer to buy the Goods within the framework of the auction bidding process during the auction.

10. Regulations - these Regulations describing the electronic services through the web site Fioreo.

11. Registration - procedure of setting up the account.

12. Seller - User offering to sell goods in the web site Fioreo regardless of the type of the Auction.

13. Goods - products available through the web site Fioreo.

14. Live Goods - plant products that require special storage and transport conditions in order to maintain its original features.

15. The sales contract - a contract of sale of goods within the meaning of the Civil Code, concluded between the Buyer and the Seller, which is entered using the website Fioreo.

16. Service Provider - CIEŚLAK INTERNATIONAL SP. Z O. O. REGON: 300990660 Tax Number: 9680929939 KRS : 0000318658.  Blizanów 62-814, Skrajnia Rychnowska 20, Gmina: Blizanów County: KALISKI Region: Greater Poland.

17. Act on special terms of consumer sales - the Act of 27 July 2002. On special conditions of consumer sales and amending the Civil Code (Journal  of Laws No. 141, item. 1176, as amended.).

18. Act on electronic services - the Act of 18 July 2002. On the provision of services by electronic means (journal of Laws No. 144, item. 1204, as amended.).

19. User - an individual running their own business, legal person or organizational unit not being a legal person, the provisions of which grant special legal capacity, which meets the requirements of the Regulations and was Registered on the website and has a created account for themselves and thus gained access to the services provided by Fioreo on the principles set out in the Regulations. A user cannot be an individual person as regarded as a consumer.

20. Order - a statement of intent, aimed directly at the conclusion of the sale agreement, specifying in particular the type and quantity of the Goods purchased/sold.

 

 

II. General Provisions

 

 The Regulations define the rules for using the Internet Flower Auction Fioreo available at www.fioreo.pl

Fioreo Terms of use:

The condition for using website Fiorep is agreeing to the Regulations as well as providing information marked as mandatory.
The administrator may deprive the user of the right to use the site Fioreo, and may limit its access to part or all of the resources of the Internet Flower Auction Fioreo, with immediate effect, in the event of a breach by the User of the Regulations and, in particular, when the user:

a) provided untrue, inaccurate or outdated data misleading or violating the rights of third parties,

b) committed through the Fioreo a breach of any third party rights,

c) committed other behaviors that are considered detrimental to the good name of the company, not in accordance with the applicable provisions of law, general principles of using the Internet and the Regulations of the site by the Administrator  

The person whose rights to use the website Fioreo has been withdrawn, may not register again without the prior consent of the Administrator.

User is obliged in particular to:

a) refrain from producing and transferring any content prohibited by law, eg. the content advertising violent, defamatory or violating personal rights and other rights of third parties,

b) use the website without disturbing its functioning, in particular through the use of specific software or devices,

c) refrain from actions such as: sending or posting within the Fioreo unsolicited commercial mailing (spam)

d) use Fioreo without any inconvenience to other clients and to the Service Provider

e) not to use any graphic elements including the logo, brand or trademark of Fioreo as well as their arrangement and composition by the users.

f) use any content contained in the Fioreo website solely for personal use and use only with regard to the purchasing/selling process.

g) use website Fioreo in a manner consistent with the rules in force in the Republic of Poland and under Polish law, the provisions of the Regulations, as well as with the general principles of using the Internet. 

In the context of security, it is advisable that the user makes copies of their performed transactions made through Fioreo.

 

 

III. User registration

 

 1. Registration takes place after filling out the form with: name and surname of the person operating the account, country, company profile, company type, company name, address, zip code, headquarters location, state, email address, phone area code, phone number, company registration number, Statistical number (REGON), tax number, password, and login.

2. User when registering agrees to the keeping and processing of their personal and company data by the Service Provider. Any personal data included by the User will be processed in accordance with the Act on the Protection of Personal Data and the Polish law.

3. The information given in the form are used by Fioreo to allow contact with the other users of the portal/website and in order to better adapt the content presented by the portal/website for their needs and interests. 

4. The user who filled in the registration form, receives a message containing a link to activate their account on his e-mail account which was inputed during the registration process. When the user clicks on this link, their account is activated, which is tantamount to signing a contract between the user and its company and the Service Provider, which main scope are the services provided by the Service Provider through the website Fioreo. If the user does not confirm his will to sign the above mentioned agreement / the contract within 30 days, the account and the data sent in the registration form will be deleted. Within 10 days of the conclusion of the agreement referred to in Art. II.3 the user can withdraw from it without giving reasons in a statement lodged electronically or in writing. The right of withdrawal shall be entitled to any user who has not yet performed any operation within the website, particularly in the absence of putting any product on sale through the website or purchase of any product through the website or any activity in the comments part of the website  Activated user account does not mean that the user can enter into a transaction of purchase and sale. To take full advantage of the services offered by Fioreo, you must choose a method of User verification. After receiving a verification code one needs to use it in order to obtain the full rights of authenticated User. 

 

User Interface

 Operation of purchase / sale system within the website Fioreo and User Account is only possible by using the user interface, which is available on the Web at www.fioreo.pl. After clicking on the activation link You will be redirected to the site Fioreo and prompted to enter your personal username and password. Username and password are required for the User to use the Account through the interface. It is assumed that all operations performed in the User interface (after successful logging in with a login and password) are made by the given user. The User is responsible for protecting its own password. The Service Provider shall not be liable for the consequences of user's or any third party's unauthorized actions that were done using a particular login and password to the site.

 

The exchange of information between the User and the website Fioreo

The main way of communication is the user interface. The information it contains shall be binding on both parties, especially in the case of changes in the Regulations of the service or the Price List, Notification concerning transactions. In addition, if it is requested by the User, the interface can run additional means of communication sms or e-mail.

 

 

IV. Services provided in the Portal

 

 1. Regulations define the type, scope and terms of services provided in the portal/website www.fioreo.pl..

 2. In free-of-charge terms, Service Provider offers access to:

• Actual notices or ads targeted to specific groups of Users

• Information part of the website Fioreo

• Users directory (containing user data, comments, marks, statistics, date of registration and of the last login to the site, items listed)

• Newsletter

• Card Creation Wizard visible on the site

• Auction Wizard

• Notification (generated automatically when user events were selected by the user, for example. E-mail about the sale of an object)

• Reports (can generate a report from a specific time period with their purchases or sales)

• Invoicing (generate invoices to a pdf file, or send an e-mail in HTML format)

• Information about the current balance, the history of their operations

 3. Service Provider reserves the right to choose and change the type, form, time, and method of providing access to certain paid and unpaid benefits.

 4. In order to use the services provided on the website, unless otherwise noted in the description of the services, correctly configured web browser compatible with Microsoft Internet Explorer version 5.5. is required.

 

 

 V. Auctions

 

 1. Fioreo is an online flower auction platform. It allows the Users to enter into sales contracts based on the principles set out in the Regulations. Fioreo does not guarantee that the agreement will be concluded.  Fioreo does not constitute a third party or in any way is a party in the transactions between Users. The website does not conduct commercial activity - the goods offered for sale belong exclusively to the Sellers. 

2. The website distinguishes between following types of transactions:

"Buy It Now" - the price of goods is given by the Seller in advance.

"Auction" - the final price that culminates in the sale/purchase of the product is not known. The buyer sends its price proposal until the end of the auction.

* "Negotiate" allows to offer a lower price for the product by the Buyer. In case of acceptance by the seller, the buyer receives the generated discount code, which is used during the auction of the product.

3. The website distinguishes between types of Auctions:

  - Auctions available to each user group

  - Auctions where the seller sets the exclusivity to a variety of groups (Manufacturer, Wholesaler, Florist) to which it want to dedicate this product. By using this option, the offer is invisible to the designated users.

4. The buyer is obliged to refer to the conditions laid down by the Seller.

5. The user is required to have a current, truthful data in the "My Account" section at the time of issue of the Auction. Similarly, when the user is willing to make a purchase.

6. By taking part in the transaction, the Buyer and the Seller agree to the completion of the service (selling/purchasing of the product).

7. The administrator has the right to verify the actions of the Users for compliance with the Fioreo Regulations and application of the law in Poland.

8. The auction is deemed to be finished in the following cases: 

  • the purchase of the Goods

  • expiration of the viability term specified by the Seller's Auction  

  • Seller's decision to end the auction early.  

9. Auction may be canceled in the event of reasons which are beyond the Seller's influence or action. In this case, the Seller has the obligation to justify this decision.

10. The buyer does not have any rights to the Goods purchased if the account has been deleted or blocked.

11. Issue of the same object at the same time in several Auctions is unacceptable. It is acceptable to hold a maximum of 3 auctions with the same content. The issuing of several identical objects in multiple Auctions is acceptable, but the maximum permissible number of auctions in this case is 3.

12. The sale and purchase of the Goods issued within the service Fioreo outside of the auction is prohibited.

13. It is forbidden to make transactions in linked accounts.

 14. Sellers undertake not to issue at Auction such Goods trading of which violates applicable law, the rights of third parties, as well as the display of which may be considered contrary to good practice.

15. Goods for Auctions must be well described. The user issuing the auction is responsible for any errors or inaccuracies regarding the description.

16. All offers are gross prices (including VAT). It is forbidden to include in the final price other costs, except for charges for transportation / shipment (the cost of packaging and postal delivery). The description also can not contain a statement that the auctioned amount is the net price (excluding VAT).

17. Auction should be placed in the category that most closely describes the offered product. The user will be notified by e-mail of inclusion of the product in the wrong category. If within 3 days of receipt of the information the user shall not make the relevant amendment, the administrator can remove the listing.

18. It is forbidden to list damaged Goods or Forged Goods.

19. It is forbidden to list items, where the price set at the auction does not apply to this entire Goods / services, but their parts.

20. Auction title, item description, additional information about the item must be clearly related to the subject matter covered by the auction. These should include:

 • make of the item (brand),   

 • producer of the item   

 • category, which is associated with the item,  

 • the type / kind of item.

 

 

21. Fees in Fioreo website:

 

 Pricing list (you can negotiate fees):

 

Annual turnover on Fioreo

Commission on sale

              to 10 000 EUR

                 7%

              to 50 000 EUR

                 6%

              over 50 000 EUR

                 5%

 

 

 

 

 

  

 

 

The fee for each additional option is calculated from the time of application.

 

22. The website offers users additional options: Making items Bold, Highlight, Distinction, Promoting on the main page of the auction.          

 

 

The duration of the additional option (Service Provider reserves the right to make changes in the rates of fees and charges):

 

 

 

Option

Price (zł)

Duration (days)

           Highlight

            2

            10

           Bold

            2

            10

           Distinction

            5

            10

           Home Page

           20

 

Fioreo - Cieślak International sp. z o.o. • ul. Skrajnia 20, 62-814 Blizanów
Project co-financed by the European Union through the European Regional Development Fund under the Regional Operational Programme for Greater Poland for 2007-2013
EUROPEAN FUNDS - FOR DEVELOPMENT OF INNOVATIVE GREATER POLAND