§ 1
Preliminary Provisions
- The Mr. Green Grass online store, available at the internet address https://mrgreengrass.co.uk, is operated by Lawn Solutions sp. z o.o., Krakowska 95, 32-050 Skawina, Poland, Tax no. PL9442284855, KRS 0001063126.
- These Terms and Conditions are addressed to both Consumers and Business Entities using the Store and define the rules for using the online store as well as the rules and procedure for concluding distance Sales Agreements with the Customer via the Store.
§ 2
Definitions
- Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Seller – Lawn Solutions sp. z o.o., Krakowska 95, 32-050 Skawina, NIP 9442284855, KRS 0001063126
- Customer – any entity making purchases via the Store.
- Business Entity – a natural person, a legal person, or an organisational unit without legal personality, to which a separate law grants legal capacity, conducting business activity in its own name, which uses the Store.
- Store – the online store operated by the Seller at the internet address mrgreengrass.pl.
- Distance agreement – an agreement concluded with the Customer within an organised system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
- Terms and Conditions – these Store terms and conditions.
- Order – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
- Account – the customer’s account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.
- Registration form – the form available in the Store, allowing for the creation of an Account.
- Order form – an interactive form available in the Store allowing for the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Basket – an element of the Store software in which the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item/service available in the Store being the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement – a product sales agreement concluded or to be concluded between the Customer and the Seller via the online store. A Sales Agreement also means – depending on the characteristics of the Product – a service agreement and a contract for specific work.
§ 3
Contact the Store
- Seller’s Address: ul. Krakowska 95, 32-050 Skawina, Poland
- Seller’s email address: contact@mrgreengrass.co.uk
- Seller’s telephone number: +44 7479 704573
- Seller’s bank account number: PL 44 1140 2004 0000 3412 2436 6064 (mBank)
- The Customer may communicate with the Seller using the addresses
andtelephone numbers provided in this paragraph. - The Customer may communicate with the Seller by telephone during the hours: Mon-Fri: 9-18.
§ 4
Technical requirements
To use the Store, including browsing the Store’s range and placing orders for Products, the following are necessary:
- terminal device with internet access and a web browser,
- active email account,
- an active email account,
§ 5
General information
- To the fullest extent permitted by law, the Seller shall not be held liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorised acts of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
- Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
- Prices given in the Store are provided in GBP and are gross prices (including VAT).
- The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery, and postal services), about which the Customer is informed on the Store’s pages during the placement of the Order, including at the time of expressing the will to be bound by the Sales Agreement.
- In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final (total) price is the total price including all payments for the billing period.
- When the nature of the subject of the Agreement does not allow, based on a reasonable assessment, for the prior calculation of the final (ultimate) price, information on the manner in which the price will be calculated, as well as on transport, delivery, postage charges and other costs, will be provided in the Shop in the Product description.
§ 6
Creating a Store Account
- To create an Account in the Store, the Registration Form must be completed.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by providing the login and password established in the Registration Form.
- The Customer has the right to delete the Account at any time, without providing a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§ 7
Rules for Placing an Order
In order to place an Order, one must:
- log in to the Store (optional);
- select the Product being the subject of the Order, and then click the “Add to basket” button (or equivalent);
- log in or use the option to place an Order without registration;
- if the option to place an Order without registration is selected: complete the Order Form by entering the recipient’s details and the delivery address,
select the shipping method (method of delivery), enter invoice details if different from the recipient’s details, click the “Buy and Pay” button, and confirm the order by clicking the link sent via e-mail. - choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
§ 8
Available delivery and payment methods
- Offered Delivery and Payment Methods
- Postal delivery, cash on delivery postal delivery,
- Courier shipment, cash on delivery courier shipment,
- Personal collection available at: ul. Krakowska 95, 32-050 Skawina
- Personal collection is unavailable
- Payment on collection
- Cash on delivery
- Payment by bank transfer to the Seller’s account
- Electronic payments
- Payment by debit or credit card.
3. Detailed information regarding delivery methods and acceptable payment methods can be found on the Shop’s pages.
§ 9
Execution of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the online store in accordance with § 7 of the Terms and Conditions.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate email message to the Customer’s email address provided during the placement of the Order, which contains at least the Seller’s statements about receiving the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- In the event of selection by the Customer:
- bank transfer, electronic payments or payment by card, the Customer is obliged to make the payment within 4 calendar days from the date of the Sales Agreement – otherwise the order will be cancelled.
- cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
- payment in cash upon personal collection of the shipment, the Customer is obliged to collect and pay within 7 days from the date of receiving information about the readiness of the shipment for collection.
- If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer during the placement of the Order.
- In the case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
- The beginning of the period for delivery of the Product to the Customer is calculated as follows:
- In the case of the Customer choosing the method of payment by bank transfer, electronic payments, or payment card – from the date of crediting the Seller’s bank account.
- In the event that the Customer selects the cash on delivery payment method – from the date of concluding the Sales Agreement,
- If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within the period specified in the Product description. The Customer will be further informed of the Product’s readiness for collection by the Seller by sending an appropriate e-mail to the e-mail address provided by the Customer during the placement of the Order.
- In the case of ordering Products with different dates of readiness for collection, the Customer has the option of collecting Products in parts (according to their readiness for collection) or collecting all Products after completing the entire order.
- The start of the period for the Product’s readiness for collection by the Customer is calculated as follows:
- The beginning of the period for the Product’s readiness for collection by the Customer is calculated as follows:
- In the case of the Customer choosing the cash on personal collection method – from the date of conclusion of the Sales Agreement.
- Delivery of the Product takes place within the UK.
- Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement states otherwise. Product delivery costs (including fees for transport, delivery, and postal services) are indicated to the Customer after adding products on the “Basket” page during the placement of the Order, including at the moment the Customer expresses their will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
§ 10
Right of Withdrawal from the Agreement
- A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or to a person designated by them other than the carrier.
- The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person designated by them other than the carrier.
- In the case of an Agreement that consists of the regular delivery of Products for a fixed period (subscription), the period specified in paragraph 1 runs from taking possession of the first of the items.
- The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send
the statement before the expiry of that period. - The statement may be sent by traditional mail, fax, or electronically by sending the statement to the Seller’s email address or by submitting a statement
on the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted on a form, the template of which is Annex No. 1 to these
Terms and Conditions and an annex to the Act of 30 May 2014 on consumer rights, however, this is not mandatory. - In the event that, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as about the costs of returning the Product, will be in the Product description in the Store.
- The right to withdraw from a distance agreement is not available to the Consumer in respect of an Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualised needs,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or
forhygienic reasons, if the package was opened after delivery, - in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the period for withdrawal from the Agreement,
- in which the subject of the service are items which after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
- in which the subject of the service is audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the period for withdrawal
from the agreement and after being informed by the Seller about the loss of the right of withdrawal from the Agreement,
§ 11
Complaints and Warranty
- The Sales Agreement covers new Products.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the statutory warranty provisions in the Civil Code.
- A complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
- The Seller will respond to the complaint request immediately, no later than within 14 days, and if they do not do so within this period, it is considered that they have acknowledged the Customer’s request as justified.
- Goods sent back as part of the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.
- In the event that a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Shop.
§ 12
Out-of-court methods of resolving
complaints and pursuingclaims
- Detailed information regarding the possibility for the Consumer to use out-of-court methods of resolving complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection,
Provincial Inspectorates of the Trade Inspection and at the following
internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php;
http://www.uokik.gov.pl/sprawy_indywidualne.php andhttp://www.uokik.gov.pl/wazne_addresses.php. - The Consumer has the following exemplary possibilities of using out-of-court methods of resolving complaints and pursuing claims:
- The consumer is entitled to apply to the permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
§ 13
Personal Data in the Online Store
- The administrator of the Customers’ personal data collected via the Online Store is the Seller. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer gives their consent – also for marketing purposes. Recipients of the personal data of the Online Store Customers
maybe:- In the case of a Customer who uses the postal shipment or courier shipment delivery method in the online store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
- In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity processing the above payments in the Online Store.
- The Customer has the right to access their data and correct them.
- Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude said agreement.
§ 14
Final provisions
- Agreements concluded through the online store are concluded in the Polish language.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, namely: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer of any change at least 7 days in advance.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
- The Customer has the right to use out-of-court methods of resolving complaints and pursuing claims. For this purpose, they may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.