Public offer agreement
1. GENERAL PROVISIONS
1.1 The following text is an Agreement between the online store www.veranda-flowers.com Hereinafter referred to as the "Seller", and the user of the services of the online store, regardless of the status (individual, legal entity, individual entrepreneur), is hereinafter referred to as the "Buyer".
1.2 This Agreement determines the terms of purchase of flowers and gifts, in the future "Goods", by the Buyer through the Seller's online store.
1.3 The contract is public according to Art. 633 and Art. 641 of the Civil Code of Ukraine and is the equivalent of an "oral agreement" and has proper legal force.
1.4 According to Art. 642 of the Civil Code of Ukraine by full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed terms, the fact of payment by the Buyer of the cost of the goods ordered on the website of the online store (or otherwise).
1.5 In this offer, unless the context requires otherwise, the following terms have the following meaning:
1.6 "Online store" is the Seller's website created for the conclusion of Retail and wholesale purchase and sale Agreements, after the Buyer has familiarized the Seller's proposed Goods in photographs remotely.
1.7 "Seller" is an organization, regardless of its organizational and legal form and / or an individual entrepreneur who sells goods.
1.8 "Goods" - products offered for sale and posted on the website www.veranda-flowers.com
1.9 "Buyer" - an individual and / or legal entity, makes orders on the site www.veranda-flowers.com
1.10 "Site User" means any individual who has ever accessed the Site who has reached the age acceptable for acceptance of this Agreement.
1.11 "Recipient" means a natural and / or legal person determined by the Buyer who must receive the ordered Goods.
1.12 "Acceptance" - full and unconditional acceptance by the Buyer of the terms of the Agreement.
1.13 "Order" - individual items from the assortment list of Goods specified by the Buyer when making an application on the website.
2. SUBJECT OF THE CONTRACT
2.1 The Seller sells and delivers the Goods, according to the current price list published on the website www.veranda-flowers.com , and the Buyer pays and accepts the Goods in accordance with the terms of this Agreement.
3. ORDERING PROCEDURE
3.1 Order formation.
3.1.1 Orders are accepted through the website www.veranda-flowers.com During the Seller's working hours.
3.1.2 The cost of ordering flowers and gifts includes delivery to the recipient in the city. Kyiv and is paid separately.
3.1.3 The cost of all types of delivery is indicated in the "Delivery" section on the Seller's website.
3.1.4 At the same time, the Seller does not provide services for the purchase and delivery of goods purchased from third parties at the request of the Buyer.
3.1.5 If the order was fully placed and paid for by the Buyer, the creation of a bouquet or composition takes place a few hours before delivery.
3.1.6 If the order was placed after 20:00 with day-to-day delivery, the possibility of such delivery is agreed additionally with the administrator of the online store, and if necessary, is paid according to the delivery tariffs indicated on the Seller's website.
3.1.7 When placing an order, the Buyer must specify the recipient's data as accurately as possible. Incorrect information provided by the Buyer may prevent the order from being completed at the specified time. In this case, delivery is postponed until the correct data of the Recipient is clarified, but not more than 12 hours from the moment of payment of the order by the Buyer.
3.2 The procedure for paying for the order.
3.2.1 Payment for the order means the Buyer's consent to the conclusion of this Agreement with the Seller.
3.2.2 The Buyer pays the cost of the order under the Agreement by transferring funds to the Seller's current account. The date of payment is considered the day of receipt of funds to the Seller's account.
3.2.3 Prices for any items of the Goods listed on the website www.veranda-flowers.com Are valid at the time of the order.
3.2.4 The buyer has the right to confirm or cancel the order until it is paid.
3.2.5 Orders are accepted for execution only after the receipt of funds to the Seller's account, except for the choice of the method of payment "Cash on receipt" and the choice of the delivery option "self-delivery".
3.2.6 The buyer's notice of payment for the order is sent to the e-mail address or SMS message to the contact phone number that were specified when placing the order.
3.2.7 Services of payment systems, terminals, the Buyer pays additionally.
3.3 Terms of delivery of the order.
3.3.1 When placing an order, the Buyer must clearly indicate the requirements for its delivery. One order can be placed for one date, time, address. If you need to congratulate several people at different addresses, or at different times at the same address, you need to place the appropriate number of orders.
3.3.2 Delivery of the order is carried out by prior agreement with the Recipient by phone, which is specified by the Buyer in the order.
3.3.3 Fast order execution and "day-to-day delivery" is carried out within 2 hours after payment of the order, in agreement with the Recipient.
3.3.4 Payment for the order and "day-to-day delivery" by bank transfer must be made at least an hour before the selected delivery time interval.
3.3.5 Make changes to the order, the Buyer can no later than 3 hours before the delivery time of the order. If the order has already been formed, it is impossible to cancel it. The buyer can place and pay for a new order while the previous one pick up at the pickup point or at the request of the Buyer, can be forwarded to another recipient.
3.4 Execution of the order on holidays.
3.4.1 The schedule for the execution and delivery of orders on holidays is posted on the website www.veranda-flowers.com In the Delivery and Payment section.
3.5 Confidential order.
3.5.1 Confidential orders are executed without prior agreement with the Recipient. When forming an order, the Buyer clarifies in a telephone conversation with the manager of the online store "Do not call the Recipient" then he guarantees that the Recipient will be at the specified address and the specified delivery time.
3.5.2 The buyer is fully responsible for the information provided in the online store.
3.5.3 Problems and their solutions that may arise during delivery without a preliminary call to the Recipient are marked on the Seller's website in the "Delivery and Payment" section.
4. DEADLINE FOR THE ORDER
4.1 The order execution time depends on the location of the recipient - within the city of Kyiv from 2 hours. Outside the city, the term of execution and delivery of the order is agreed with the administrator of the online store separately. It all depends on the complexity of the order: the quantity of the goods and its availability, on unforeseen events that do not depend on the Seller (accidents, weather conditions, congestion, etc.).
4.2 In case of improper execution of delivery of the order through the fault of the Seller (inconsistency of the order to the requirements of the Buyer or the goods in improper form), further actions can be found in the "Exchange and Return" section on the website www.veranda-flowers.com.
4.3 The order is considered executed at the time of its transfer to the Recipient / Buyer and / or his trustees.
4.4 The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the moment of delivery of the order to the Recipient / Buyer or his trustees.
5. CREATING AN ORDER. REPLACEMENT OF MISSING COMPONENTS
5.1 The Seller creates an order in accordance with the requirements of the Buyer.
5.2 If the Seller lacks certain elements to place an order for any reason (seasonality, lack of the desired variety or flower color), the Seller, in agreement with the Buyer, may make a replacement.
5.3 Replacement of non-flower products can be carried out without prior agreement with the Buyer for a similar product of the same price category.
5.4 If the appearance of the goods differs from the image on the Seller's website, this cannot be a defect or reason for a refund or replacement of the order.
5.5 All information materials presented on the site www.veranda-flowers.com Are of a reference nature and cannot fully convey reliable information about certain properties and characteristics of the product. In case of questions from the Buyer regarding the properties and characteristics of the Goods, before placing an order, he must consult the administrator of the online store by phone, or send a request to the site according to the usual order procedure.
6. REPLACEMENT OF GOODS. RETURN OF GOODS. MONEY BACK.
6.1 According to the company's rules, flowers and other goods are not subject to return and exchange.
6.2 The recipient / Buyer can refuse or return the order immediately upon receipt, indicating the courier the reason for the return.
6.3 The buyer has the right to issue a letter with a complaint to the e-mail address: info@veranda-flowers.com, indicating the reason and providing the appropriate description and aerial photographs.
6.4 The rules for filing a complaint are marked on the Seller's website in the section "Replacement and return of goods, refund".
6.5 In case of replacement or return of goods, the Buyer or Recipient must return the previous goods in the same form in which it was delivered.
6.6 The Seller may refuse to replace or compensate for the value of the gift, in the event that the Recipient has personal reasons for returning the goods (allergy, taste, etc.) Which the seller was not informed about.
6.7 In case of refusal of the gift by the Recipient on a preliminary call, the Buyer may receive the paid funds for this order, if it has not yet been created by florists.
6.8 In other cases, the Seller considers complaints within 3 working days from the date of its receipt, the Seller notifies the results of the consideration of the complaint electronically.
6.9 If, due to the Seller's fault, the order was not delivered on the specified day by the Buyer or the Recipient, the Buyer has the right to demand compensation, the amount of which cannot exceed the amount of the order.
7. INTELLECTUAL PROPERTY COPYRIGHT
7.1 The seller is the sole owner of the DI Trademark
7.2 Paragraph 2, 4 of Article 16 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" establishes that the certificate gives its owner the right to use the mark and other rights defined by this Law.
7.3 According to Art. 20 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" any encroachment on the rights of the owner of the certificate provided for in Art. 16 of this Law, including the commission without the consent of the owner of the certificate of actions requiring his consent, and preparation for the commission of such actions, is considered a violation of the rights of the owner of the certificate, which entails responsibility in accordance with the current legislation of Ukraine.
7.4 Violation of the rights of the owner of the certificate is also considered to be used without his consent in domain names, signs and designations specified in paragraph 5 of Article 16 of this Law.
7.5 For legal use of TM - applying it to any product for which the trademark is registered, hereinafter referred to as "goods", packaging that contains such goods, a signboard, label, patch, tag or other item attached to the product, storage of such goods with the indicated mark for sale, offering it for sale, sale, import (import) and export (export), its use in business documentation or in advertising, and on the Internet, including domain names, you need to obtain a separate permission.
7.6 If business entities have expressed a desire to use TM in their activities, for permission to use it, they can contact with a letter to the email address info@veranda-flowers.com.
7.8 The seller is the owner of the exclusive property copyrights to a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on the site www.veranda-flowers.com To illustrate goods and services.
7.9 Due to the presumption of originality of copyright objects, all photographic works are original, so they are protected by copyright without registrations and formalities from the moment of their creation in all countries of the world in accordance with the "Berne Convention for the Protection of Literary and Artistic Works" of 1886, and the Law of Ukraine "On Copyright and Related Rights" of 1993.
7.10 The subject of exclusive proprietary copyrights to photographic works may give permission for the use of these works to third parties and prohibit their use, if such occurs without obtaining permission. Owner of the photos posted on the website www.veranda-flowers.com Gives permission to use his photo only if the photo contains a backlink to the original source.
7.11 If other authors discovered the placement of their photo works on the site www.veranda-flowers.com , a all claims are accepted at info@veranda-flowers.com.
8. THE TERM OF THE CONTRACT. PROCEDURE FOR MAKING CHANGES
8.1 Acceptance of the offer by the Buyer is a confirmation of the conclusion of the Agreement on the terms of the Offered Opportunities.
8.2 The Agreement comes into force from the moment of payment of the order by the Buyer and is valid until the Seller fulfills its obligations under this Agreement.
8.3 The Seller has the right to make changes to the text of this Agreement at his discretion at any time and without prior notice to the Buyer. The current (current) version of the Agreement is always available on the website.
8.4 The Buyer agrees and acknowledges that making changes to the Offer entails making these changes to the concluded Agreement already valid between the Buyer and the Seller, and these changes in the Agreement come into force with such changes in the Offer.
9. USER'S PERSONAL INFORMATION
9.1 The Site Administration respects and is responsible for the confidential information of any person who visited the Site. By agreeing to the agreement, the User agrees to the collection and use of certain information about the User in accordance with the provisions of the Law of Ukraine "On Protection of Personal Data" and the policy of the Site Administration on the protection of personal data. In addition, the User agrees that the Site Administration may collect, use, transfer, process and maintain information related to the User's account in order to provide relevant services.
9.2 The Site Administration undertakes to collect only the personal information that the User provides voluntarily in the event that the information is needed to provide (improve) services to the User.
9.3 The Site Administration collects both basic personal data, such as first name, last name, patronymic, address and email address, contact phone number, and secondary (technical) data: cookies, connection information and system information.
9.4 The User agrees that the confidentiality of data transmitted via the Internet is not guaranteed if access to this data is obtained by third parties outside the zone of technical means of communication subject to the Site Administration. The Site Administration is not responsible for losses caused by such access.
9.5 The Site Administration may use any information collected through the Site in order to improve the content of the Site, its revision, transfer information to the User (on request), for marketing or research purposes, as well as for other purposes that do not contradict the provisions of the current legislation of Ukraine.
9.6 The user can request the removal of the collected personal information from our database by writing us an appropriate letter to the mail info@veranda-flowers.com
10. RESPONSIBILITY
10.1 The Seller bears all risks associated with the loss or damage of the goods until it is transferred to the Buyer.
10.2 The recipient or the one who accepted the goods at the time of the Recipient's absence bears all the risks associated with the loss or damage to the goods from the moment of its receipt.
10.3 The seller has the right to transfer his rights and obligations to fulfill orders to third parties, which are not exempt from responsibility.
10.4 The Seller is not responsible for improper use or storage of goods by the Buyer ordered on the site www.veranda-flowers.com
10.5 The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
10.6 The parties agree that any controversial situations that could not be resolved through negotiations are resolved in accordance with the current Ukrainian legislation.
10.7 The parties are exempt from fulfilling their obligations under the contract in case of special circumstances that can be qualified as "force majeure" and subject to a legal documentary justification for the occurrence of these circumstances.
10.8 Flower arrangements, bouquets and gift baskets with the execution of the replacement provided for in paragraph 1., are considered completed.
10.9 Any poor-quality component of the product, with the exception of flower products, is replaced free of charge.
10.10 If the Client chooses the "call the Recipient" service, the time specified by the Recipient is considered a priority.
10.11 When the Client selects the option "Do not call the Recipient" and in the absence of the Recipient at the specified time at the address, re-delivery is carried out for an additional fee.
10.12 The company does not provide guarantees for the performance of free services, including:
10.12.1 Photo at the time of delivery (even with poor-quality photography, the service is considered provided);
10.12.2 Notification of the status of the order or completed delivery via sms and e-mail. The reasons for the lack of a message can be failures in the work of telecom operators, overcrowded phone or mailbox memory, incorrect phone number or e-mail addresses, etc.
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