TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES BY THE Focus Garden ONLINE STORE

OPERATING AT THE ADDRESS: focusgarden-b2b.com

Effective from 1 February 2026 and applicable to contracts concluded from that date.

§ 1 GENERAL PROVISIONS

1. The Terms and Conditions define the rules for the provision of electronic services (based on the Act of 18 July 2002 on the provision of electronic services, Journal of Laws 2020.344, i.e. of 2020.03.03.) by Focus Garden to Customers via the Online Store available on the Website at https://focusgarden-b2b.com.
2. These Terms and Conditions are addressed to Customers using the B2B Platform.
3. Contact details of the owner of the B2B Platform: The B2B Platform at https://focusgarden-b2b.com is operated by Focus Garden spółka z ograniczoną odpowiedzialnością with its registered office in Poznań (61-144), ul. Bolesława Krzywoustego 3, registered in the Register of Entrepreneurs of the National Court Register by the District Court Poznań Nowe Miasto i Wilda in Poznań, 9th Commercial Division, under number 0000928047, NIP: 7642696142, REGON: 382006469 (hereinafter referred to as "Focus Garden").
4. All Customers may contact Focus Garden:
   1. by e-mail sent to the following e-mail address: trade@focusgarden.com
   2. by telephone at: 509 710 509;
   3. by filling in the contact form available on the Website at https://focusgarden-b2b.com.
5. Personal data. The controller of personal data processed in connection with the provision of services covered by these Terms and Conditions is Focus Garden sp. z o.o. with its registered office in Poznań. Personal data is processed for the purposes, to the extent and based on the principles set out in the Privacy Policy.
6. Definitions. The terms used in these Terms and Conditions have the following meanings:
   1. Customer - an entrepreneur within the meaning of Article 43 of the Civil Code, i.e.
      • a natural person conducting business activity,
      • a legal person or
      • an organisational unit without legal personality, which is granted legal capacity by law, which has concluded or intends to conclude a Service Agreement or Sales Agreement with Focus Garden, exclusively in connection with its business or professional activity.
      The Platform is intended exclusively for entrepreneurs. Agreements concluded via the Platform are not consumer agreements.
   2. Account - a personalised customer administration panel, available after successful registration and logging in to the Focus Garden.pl website - after entering the login and password previously set during the Account Creation process, which the Customer can use to access the services provided by Focus Garden, including, in particular, making purchases in the Focus Garden Online Store.
   3. Product/Goods – Goods available on the Website, which are the subject of the Sales Agreement between the Customer and Focus Garden, in particular garden furniture, garden items, garden tools, garden architecture, cultivation products, accessories, and others.
   4. B2B Platform - a shop run by Focus Garden on the Website at: https://focusgarden-b2b.com, where Focus Garden offers Customers the Products available in its range, indicating their parameters and price.
   5. Website - Focus Garden website available at the following internet address: https://focusgarden-b2b.com
   6. Seller/Focus Garden - Focus Garden limited liability company with its registered office in Poznań (61-144), ul. Bolesława Krzywoustego 3, registered in the Register of Entrepreneurs of the National Court Register by the District Court Poznań Nowe Miasto i Wilda in Poznań, 9th Commercial Division, under number 0000928047, NIP: 7642696142.
   7. Sales Agreement - an agreement for the sale of Products concluded or entered into between the Customer and Focus Garden via the Website.
   8. Enquiry - a declaration of will by the Customer constituting an invitation to Focus Garden to submit an Offer.
   9. Delivery Service – a postal operator or company providing Goods transport services.

§ 2 INFORMATION ON THE USE OF THE WEBSITE

1. The B2B Platform services can be used throughout the European Union, exclusively with the use of a computer connected to the Internet, mobile devices such as smartphones, tablets, etc., equipped with a web browser and access to e-mail.
2. The Customer is obliged to use the B2B Platform in a manner consistent with the law and good manners, respecting the personal rights, copyrights and intellectual property of Focus Garden and third parties. The Customer is obliged to enter data consistent with the actual state of affairs and is prohibited from providing illegal content.
3. Finally, in order to use all the services offered on the Website correctly, it is necessary to enable cookies in your web browser. Cookies are used to maintain the Customer's session after logging into their Account and to maintain the ordering process. They can then be deleted using the appropriate options available in the web browser or using other software. Detailed information on cookies is contained in the provisions of the Privacy Policy.

§ 3 CREATING AN ACCOUNT

1. Focus Garden enables the creation of an Account and the sale of Goods on the B2B Platform using an ICT system that ensures the processing and storage, as well as the sending and receiving of data via telecommunications networks in accordance with the Act of 18 July 2002 on the provision of electronic services. The services provided by Focus Garden via electronic means include:
   1. Account registration
   2. use of Account functionality
   3. placing orders.
2. Rules and procedure for creating an Account.
   1. In order to place an order using the Account service, available in the "Your Account" tab, the Customer must click on the "Create a B2B Account" option and fill in the registration form provided there.
   2. When filling out the form, it is necessary to provide such data as: VAT number, company name, address, first name, surname, telephone number, e-mail address and password. If you fill in your address details when creating an Account, this information will automatically be indicated as the delivery address when placing an order, which will streamline the purchasing process.
   3. It is prohibited to add false information to the form.
   4. To submit the form and complete the registration process, you must accept these Terms and Conditions and the Privacy Policy.
   5. Clicking the "Create Account" button sends the registration form to Focus Garden, and after verifying the account, the Customer receives a message confirming the creation of the Account at the email address provided.
   6. sending a statement before its expiry, at a postal operator's facility, to the address of Focus Garden sp. z o.o., ul. Krzywoustego 3, 61-144 Poznań;
      1. submitting a written statement directly at the Focus Garden office, address: ul. Krzywoustego 3, 61-144 Poznań;
      2. sending a statement by e-mail to the following address: info@focusgarden-b2b.com.
3. Creating an Account is a prerequisite for making purchases on the Website.
4. Account functionalities.
   1. making purchases,
   2. entering, editing or deleting your data, including delivery addresses and invoice details,
   3. creating a list of Goods,
   4. viewing the history of purchases made on the B2B Platform,
   5. expressing and withdrawing marketing consents.

§ 4 CREATING AN ACCOUNT

1. Making purchases.
   1. In order to conclude a sales contract with Focus Garden, the Customer selects the Products available on the Website by indicating their quantity and then clicking the "Add to basket" button next to the Product. The Products in the basket are not yet purchased and the Customer has the option to add more Products to the basket, change the quantity of Products added, remove Products from the basket, or cancel the purchase. The Customer then clicks on the "Proceed to checkout" button.
   2. At this stage, the Customer selects the delivery method and payment method. After selecting the delivery method and payment method, the Customer will be informed of the final value of the basket. The purchase can be made after providing full address details (place of collection of the Product). The Seller is not responsible for incorrect details provided by the Customer. The costs associated with re-shipping and handling such an order shall be borne by the Customer. The Customer also has the option to check the order and make any changes to the details. To do this, verify the order by clicking on the "Check order" button.
   3. After checking all elements of the order, the Customer clicks "Place order". Acceptance of the order is confirmed by Focus Garden by e-mail within 3 working days at the latest, counted from the day following the day of placing the order. Upon confirmation of the order by Focus Garden, a Sales Agreement is concluded between the parties.
   4. The Customer receives a summary of the order and has the option to print a pro forma invoice and a list of Products included in the order.
2. The Seller reserves the right to communicate with the Customer in connection with the Order placed, in particular in the context of the terms and conditions under which the Agreement is to be concluded (submitting a counter-offer to the Order received or negotiating the terms and conditions of the Agreement). If the Customer and the Seller fail to agree on different terms and conditions, the Contract shall not be concluded.
3. The Seller updates stock levels on an ongoing basis, so when placing an order, the Customer is informed whether a given Product is available in stock, will be available on a specific date or will be ordered from the manufacturer. At the same time, the Customer is informed about the estimated shipping time for a specific Product.
4. Orders can be placed via your Account 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays and public holidays will be processed on the next working day.
5. Orders can also be placed in the form of an Enquiry made by telephone by contacting the telephone numbers indicated on the Website from Monday to Friday between 8:00 a.m. and 4:00 p.m. If the Customer submits an Enquiry, the Sales Agreement is concluded when Focus Garden confirms the order by e-mail.

§ 5 ASSORTMENT AND PRICES

1. All Product prices are given in Polish zlotys and do not include VAT. A VAT invoice is issued for each transaction and sent to the Customer by email to the email address provided in the order. On the B2B Platform, it is possible to change the currency from Polish zlotys to euros. The Platform converts the currency every day at 6:00 a.m. based on the NBP exchange rate valid on the previous day.
2. Focus Garden does not apply individual price adjustments based on automated decision-making.
3. Focus Garden reserves the right to change the prices of Goods on offer, temporarily limit the availability of Products, introduce or withdraw Goods from the offer without giving a reason, carry out and cancel promotional campaigns, and make changes to them at any time. These changes do not apply to orders confirmed by Focus Garden.

§ 6 ORDER PROCESSING AND PRODUCT DELIVERY

1. Order fulfilment begins when the payment for the order is credited to the Seller's account, and in the case of cash on delivery or deferred payment, after the Seller confirms acceptance of the order.
2. If the order is not fulfilled by cash on delivery or on the basis of an invoice with deferred payment, the payment for the ordered Goods must be credited within 5 days. If this deadline is not met, Focus Garden may cancel (withdraw from) the order within the next 5 days by sending a statement to the Customer by e-mail.
3. Focus Garden will make every effort to ensure that the order is processed as quickly as possible. The time of order processing is directly affected by the availability of Goods in stock, the time needed to complete the shipment and the time needed to verify the payment. If the Goods are not in stock and need to be brought to the warehouse, the order processing time may be extended, of which the Customer will be informed by a notification for a specific Product at the stage of placing the order.
4. The Customer confirms receipt of the shipment by written receipt or in another documentary form that allows the recipient of the shipment to be identified.
5. The Customer has the right and obligation to:
   1. collect the ordered Goods, unless the shipment is damaged;
   2. check the shipment for content, completeness and compliance with the order;
   3. pay for the delivered Goods if the delivery was "cash on delivery".
6. If the packaging of the Goods delivered to the Customer shows visible signs of damage that may indicate damage to the contents of the shipment, the Customer is asked not to accept the shipment. In such a case, a note should be made on the delivery list that the refusal was due to damage. This note must be confirmed by a handwritten signature or in another form of documentation provided by the Delivery Service, enabling the recipient and the damage observed to be identified. At the same time, please inform Focus Garden about the situation using the contact form available at: https://focusgarden-b2b.com/kontakt.
7. If the Customer fails to collect the parcel due to circumstances for which they are responsible, Focus Garden will call for the performance of the binding party to the Agreement and demand reimbursement of the return shipping costs.
8. A Customer who decides to have the originally uncollected Goods re-sent shall bear the costs of re-shipping.
9. Area and delivery costs:
   1. Products are delivered within Poland and within the European Union.
   2. The costs of delivery of the Products (including transport and delivery charges) are indicated to the Customer at the stage of order fulfilment.
   3. Focus Garden offers the Customer the following methods of delivery or collection of Products:
      1. delivery via a postal operator;
      2. delivery via a company providing Goods transport services, including courier services;
      3. the possibility of collecting the order after prior arrangement from the Focus Garden warehouse using the Customer's transport.
10. The ordered Products are shipped within 1-5 working days from the moment the Seller confirms the order (in the case of cash on delivery shipments) or from the date of payment being credited to the account, and are delivered via a transport company or postal operator on working days between 8:00 a.m. and 4:00 p.m., unless otherwise agreed. If, for reasons beyond Focus Garden's control, it is not possible to deliver the Products within the time limit referred to in the preceding sentence, the Customer will be informed of the earliest possible delivery date.
11. The costs associated with the shipment of the Goods shall be borne by the Customer, unless otherwise agreed. The prices of Goods available on the B2B Platform do not include the costs of transporting the Goods to the Customer. The cost of transport is indicated to the Customer and added to the order value at the order fulfilment stage. The cost of transport depends on the weight and size of the shipment, the payment method selected by the Customer, as well as the form of delivery selected by the Customer and the entity making the delivery (method of delivery).
12. We recommend that the Customer carefully check the quantity and quality of the delivered Goods in the presence of the Delivery Person and, if a defect is found, draw up or complete an appropriate report on the damage and a receipt for the delivery or a refusal to accept the delivery due to the defect. If the Delivery Person does not have a damage report form, please contact us immediately:
    1. the DHL Claims Centre on 42 634-53-45;
    2. the DPD Claims Centre on 22 577-55-55;
    3. the Raben Damage Centre on 61 898 85 00;
    4. Geis Claims Centre on 801 702 505;
    5. Geodis Claims Centre at 22 460 26 26;
    6. to the Ambro Claims Centre at 503 509 200.
13. Upon delivery of the Products by Focus Garden to the Delivery Service, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Products, shall pass to the Customer. In such a case, Focus Garden shall not be liable for any loss, shortage or damage to the Products arising from the moment of acceptance for transport until delivery to the Customer, nor for any delay in the transport of the shipment.
14. If the Products are sent to the Customer via the Delivery Service, the Customer is obliged to inspect the shipment in a timely manner and in a manner customary for shipments of this type. If the Customer finds that the Products have been lost or damaged during transport, they are obliged to take all necessary steps to determine the liability of the Delivery Service.

§ 7 METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

1. Focus Garden offers the Customer the following payment methods:
   1. payment by Quick Transfer/BLIK – electronic payment by bank transfer or payment card, via the TPay service, to the Focus Garden bank account;
   2. payment by traditional bank transfer to Focus Garden's bank account;
   3. for some individually agreed Customers - invoice with deferred payment date;
2. Payments by bank transfer should be made to the Focus Garden bank account: Bank Polska Kasa Opieki - Spółka Akcyjna no. PL55 1020 2313 0000 3702 1101 9892 Please include the order number and/or the Customer's company name in the transfer title.

§ 8 COMPLAINTS

1. In commercial relations with Partners who are entrepreneurs, Focus Garden shall be liable under the warranty for physical and legal defects of the goods, in accordance with Article 558 § 1 of the Civil Code.
2. The Seller ensures that the products offered in the shop are in accordance with the contract and free from legal and physical defects at the time of their delivery to the Buyer. In the event of any irregularities or quantitative discrepancies, the Buyer, who is the Customer, may submit an electronic complaint under the terms and conditions set out in this chapter.
3. The report should be submitted via the electronic form available at: https://focusgarden-b2b.com/pl/content/23-reklamacje</a >, indicating the following details:
   1. Customer details (company name, address, VAT number),
   2. order number,
   3. detailed description of the irregularity or quantity discrepancy,
   4. proof of purchase (e.g. VAT invoice or order confirmation),
   5. photographs showing the subject of the report and visible irregularities (if applicable).
4. The Seller undertakes to consider a complete report within 14 working days of its receipt. The Buyer will be immediately informed of the outcome of the report of irregularities at the e-mail address provided by them.
5. If the claim is accepted, the Seller shall decide on the method of resolution, depending on the type of defect.
6. The Seller shall not be liable for defects in the goods resulting from:
   1. improper use or maintenance of the goods,
   2. installation not in accordance with the instructions,
   3. improper storage of the goods after delivery,
   4. damage caused during transport,
   5. damage resulting from weather conditions and force majeure,
   6. natural wear and tear of materials resulting from normal use (e.g. colour fading under the influence of UV rays),
   7. modifications, alterations,
   8. intensive use in commercial conditions,
   9. secondary and indirect damage and lost profits resulting from the occurrence of a defect in the goods,
   10. the action of organic or inorganic substances such as tree resin, mould, bird droppings, grease, oil, paint, which were not removed immediately and led to permanent damage to the surface,
   11. use of the product with unauthorised accessories, attachments or replacement parts,
   12. unauthorised repair attempts,
   13. minor damage that does not affect the usability of the product and is not visible under normal lighting conditions from a distance of 3 metres, perpendicular to the damaged area.

   Claims for damage resulting from such circumstances will not be considered.

7. The customer does not have the right to withdraw from a distance contract within 14 days, as the subject of the contract is the purchase of goods to be used in the buyer's business, including equipment for gardens, restaurants, hotels and other facilities, and for resale.
8. Any damage during transport must be reported to the supplier on the delivery note at the time of delivery and reported in writing immediately within 24 hours of receipt of the goods.

§ 9 DISPUTES AND AMICABLE DISPUTE RESOLUTION

1. The services provided by Focus Garden to Customers are governed by generally applicable provisions of Polish law, in particular the provisions of the Civil Code.
2. Any disputes between Focus Garden and the Customer relating to the performance of the Sales Agreement by Focus Garden shall be heard by the court having jurisdiction under Polish law.
3. Any disputes arising between Focus Garden and the Customer which cannot be settled amicably or out of court shall be submitted to the court having jurisdiction over the registered office of Focus Garden.
4. If a complaint or other form of notification of non-compliance with the Customer's rights is not accepted, the Customer may use extrajudicial means of dealing with complaints and pursuing claims before referring the case to court.
5. The Seller does not agree to out-of-court dispute resolution unless it informs the Customer separately in a statement of non-acceptance of the complaint or other form of notification of non-respect of the Customer's rights.
6. If an amicable dispute resolution proposal is made to the Customer, it shall be binding for 14 days from the date of its delivery to the Customer, unless the Seller has stipulated otherwise.

§ 10 FINAL PROVISIONS

1. Agreements concluded via the Website are concluded in a language understandable to the Customer, in particular in Polish.
2. Focus Garden reserves the right to amend these Terms and Conditions for important reasons, i.e. changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
3. In the event of concluding agreements of a nature other than continuous agreements on the basis of these Terms and Conditions (e.g. Sales Agreement), amendments to the Terms and Conditions shall in no way affect the rights acquired by Customers prior to the date of entry into force of the amendments to the Terms and Conditions, in particular, amendments to the Terms and Conditions shall not affect Enquiries already submitted or placed and Sales Agreements already concluded, performed or executed.
4. Focus Garden shall notify Customers of any amendments to the Terms and Conditions on the Website and by sending registered Customers information about the amendments to the Terms and Conditions together with the consolidated text of the Terms and Conditions by email to the email address provided in the Account. The Customer shall be deemed to have agreed to the new content of the Terms and Conditions if they have not terminated the Agreement within 14 (fourteen) days of receiving the information about the amendment to the Terms and Conditions referred to in the previous sentence by email.

The Terms and Conditions shall enter into force on: 2026-02-01.