This agreement is an official and public offer from the Seller to conclude a sales contract for the Goods presented on the website https://flowers.net.ua/ (hereinafter referred to as the Site). This agreement is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without preference to one buyer over another. By entering into this agreement, the Buyer fully accepts the terms and procedures for placing an order, payment for the goods, delivery of the goods, return of the goods, and other terms of the agreement. The contract is considered concluded from the moment the "PAY" button is pressed on the order confirmation page and the Buyer receives confirmation of the order from the Seller in electronic form and/or via SMS.
1. Definitions
1.1. Public offer (hereinafter referred to as the "Offer") – a public proposal from the Seller addressed to an indefinite number of persons to conclude a sales contract for the goods remotely (hereinafter referred to as the "Contract") on the terms contained in this Offer.
1.2. Goods or Service – the goods selected by the buyer on the Site and placed in the cart.
1.3. Site – the website owned by the Seller, located at: https://flowers.net.ua/.
1.4. Buyer – a legally capable individual who has reached the age of 18, an individual entrepreneur, and/or a legal entity placing an order for the purchase of goods presented on the Site for purposes not related to entrepreneurial activity.
1.5. Recipient – the person designated by the Buyer as the direct recipient of the Goods.
2. Subject of the Contract
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods (if the Buyer is the Recipient) under the terms of this Contract.
2.2. The date of conclusion of the Contract-offer (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Contract is considered to be the date/time of pressing the "PAY" button on the order confirmation page and receiving confirmation of the order from the Seller in electronic form and/or via SMS. If necessary, at the request of the Buyer, the Contract may be executed in writing.
3. Order Placement
3.1. The Buyer independently places an order on the site through the "Cart" form by pressing the "ORDER" button next to the selected product, or by placing an order via email, or by calling the contact center numbers indicated on the Site.
3.2. When placing an order on the site, the Buyer agrees to provide the following mandatory information necessary for the Seller to fulfill the order:
3.2.1. surname, name of the Buyer;
3.2.2. address to which the Goods should be delivered or a contact person from whom the delivery address can be obtained;
3.2.3. contact phone: their own and the recipient's (if the recipient is another person);
3.2.4. identification code for a legal entity or individual entrepreneur.
3.3. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's Cart on the Site.
3.4. If the Seller requires additional information, they have the right to request it from the Buyer. In the event that the Buyer does not provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when ordering.
3.5. When placing an order through the Seller's contact center operator (p. 3.1. of this Offer), the Buyer agrees to provide the information specified in p. 3.3 – 3.4. of this Offer.
3.6. Acceptance of the terms of this Offer by the Buyer is carried out by the Buyer entering the relevant data into the registration form on the Site or when placing an Order through the contact center operator. After placing the Order through the contact center Operator, the Buyer's data is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By entering into the Contract, that is, accepting the terms of this offer (the proposed terms for purchasing the Goods), by placing the Order, the Buyer confirms the following:
The Buyer is fully aware of and agrees to the terms of this offer; they give permission for the collection, processing, and transfer of personal data, the permission for the processing of personal data is valid for the entire duration of the Contract, as well as for an unlimited period after its expiration. In addition, by entering into the contract, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine "On the Protection of Personal Data," the purpose of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this agreement, conducting mutual settlements, and receiving accounting documents. The Buyer also agrees that the Seller has the right to provide access and transfer their personal data to third parties without any additional notifications to the Buyer solely for the purpose of fulfilling the Buyer's order or in cases provided for by current legislation. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by them.
4. Price of Goods and Services
4.1 The prices for goods and services are determined by the Seller independently and are indicated on the Site.
4.2 The prices for goods and services may be changed by the Seller unilaterally depending on market conditions.
4.3. The price of the Goods indicated on the Site does not include the cost of delivery of the Goods to the Buyer.
4.4. The terms and cost of delivery are indicated by the Seller on the Site and may be changed by them unilaterally, depending on market conditions and circumstances beyond the Seller's control (delivery area). At the request of the Buyer, the Seller may provide detailed information about the current terms and cost of delivery in effect at the time of the order.
4.5. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the funds are received by the Seller in their account.
4.6. Settlements between the Seller and the Buyer for the Goods are carried out in the ways indicated on the Site in the "Delivery and Payment" section.
4.7. Upon receipt of the goods, the Buyer must check the compliance of the Goods with quality and quantity characteristics (name of the goods, quantity, completeness) in the presence of the courier. If the Buyer is not the Recipient, the Recipient checks the compliance of the goods upon receipt of the Goods.
4.8. The Buyer or Recipient upon receipt of the Goods confirms with their signature in the delivery waybill that they have no claims regarding the quantity, appearance, and completeness of the goods.
4.9. The ownership rights and the risk of accidental loss or damage to the Goods pass to the Buyer or Recipient from the moment of receipt of the Goods at the delivery address or at the pickup point.
4.10. If the direct recipient is another person, not the Buyer, the relations between the Parties under this agreement are governed by the provisions of Article 636 of the Civil Code of Ukraine.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the goods to the Buyer or Recipient in accordance with the terms of this agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except for the Seller's staff for the purpose of fulfilling the Order, and/or in cases provided for by law.
5.2. The Seller has the right:
5.2.1 To change the terms of this agreement, as well as the prices for Goods and services unilaterally by posting them on the Site. All changes take effect from the moment of publication.
5.3 The Buyer undertakes:
5.3.1 To familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Site before the conclusion of the Agreement.
5.3.2 To fulfill the Seller's obligations to the Buyer, the latter must provide all necessary data that clearly identifies them as the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer or Recipient.
6. Return of Goods
6.1. The Buyer acknowledges and agrees that all flowers and gifts listed on the website belong to the category of goods that are not subject to exchange and/or return (Basis: the list of goods not subject to return or exchange, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 172 dated 19.03.1994). More detailed information about non-returnable goods is available on the website of the State Service of Ukraine on Food Safety and Consumer Protection or at this link. The decision to refund or exchange the specified goods is solely at the Seller’s discretion.
6.2. The return of the specified goods is possible only in the case of their improper quality. In this case, the burden of proof of improper quality of the goods is on the Buyer.
6.3. Complaints from the Buyer regarding the quality of the delivered goods are accepted only within 24 hours from the moment of actual execution of the order. Complaints submitted after this period are not subject to consideration. In this case, it is considered that the Goods are accepted without remarks, and the Buyer has no claims regarding the quality of the Goods.
6.3.1. The Buyer sends a complaint in writing, with a detailed description of the defects of the goods to support@flowers.net.ua. "Anonymous" (without the possibility of identifying the person) complaints are not considered.
6.3.2. A photo of the received goods must be attached to the complaint, taken from different angles and at different angles in a quantity of at least 3 (three).
6.3.3. The Seller informs the Buyer about the receipt of the complaint within 24 hours in the same way as the complaint was received, after which an internal investigation of the situation is conducted within no more than 7 working days from the moment of receipt of the complaint. Based on the results of the internal investigation, the Seller provides the Buyer with a written reasoned response to their complaint.
6.3.4. During the internal investigation, the Seller has the right to request additional information necessary for a complete and objective consideration of the Buyer's complaint.
6.3.5. In case the Buyer does not provide the additional information within 3 (three) days from the date of receipt of the relevant request, or provides it in an incomplete volume and/or in poor quality (regarding the photo), which does not allow for an objective and comprehensive assessment of the validity of the Buyer's claims, the Seller has the right to terminate the consideration of the complaint.
6.4. The Seller is not responsible for the defects of the Goods that arise after their transfer to the Buyer (Recipient) as a result of the latter's violation of the rules for care or storage of the Goods, actions of third parties, or force majeure.
6.5. In the event of a decision to satisfy the complaint, the Seller, in agreement with the Buyer: replaces the floral composition with a similar one of proper quality, or returns the funds for the floral composition of improper quality.
7. Liability
7.1. The Seller is not liable for improper, untimely execution of the Order in case the Buyer provides unreliable, incomplete, and/or false information.
7.2. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this agreement.
7.3. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is a result of force majeure circumstances and irresistible force, such as: war or military actions, earthquake, flood, fire, and other natural disasters that arise independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately notifies the other Party and provides appropriate evidence confirming the specified circumstances.
8. Confidentiality and Protection of Personal Data
8.1. By leaving their personal data on the Site during registration or order placement, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as to perform other actions provided by the Law of Ukraine "On the Protection of Personal Data," without limitation of the duration of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-fulfillment of its obligations due to the inaccuracy of information about the Buyer or its non-compliance with reality.
9. Security of the Site
9.1. The Seller ensures and maintains the security of the Site's operation.
9.2. However, the Seller cannot guarantee the security of the Site's operation in the event of circumstances beyond its control, in particular: power outages and/or failures in the operation of the computer network, unplanned changes in algorithms by social media administration, global disruptions in the operation of relevant segments of the Internet, routing system failures, failures in the distributed domain name system, failures caused by hacker and DDOS attacks, computer viruses, etc.
10. Intellectual Property Rights
10.1. All objects posted by the Seller on the Site, including design elements, text, graphic images, illustrations, videos, scripts, music, sounds, and other objects and their collections, computer programs, databases, source codes, and others created by the Seller for the functioning and development of the Site, are objects of exclusive intellectual property rights under proper protection.
10.2. The use of intellectual property objects contained on the Site without obtaining the owner's permission is prohibited, in particular, the Buyer does not have the right to:
- in any way modify, create derivative products, display, publicly reproduce, distribute the content of the Site or otherwise use it for any public or commercial purposes;
- remove, hide, or otherwise distort the author's indications, including notifications of any intellectual property rights from any content of the Site;
- decompile, disassemble, or otherwise attempt to extract the source code of the software that is part of the Site;
- distribute, complicate, sell, sublicense, use the software that is part of the Site, or otherwise transfer rights to such software;
- use software errors (the Buyer is obliged to immediately report them to the Seller at support@flowers.net.ua), interfere with the program code, gain unauthorized access to the computer system, obtain new access to the user database or materials of the Site without proper permission.
11. Other Conditions
11.1. This agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
11.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If an agreement on the disputed issue is not reached through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the state authorities, which have jurisdiction over the consideration of such disputes in accordance with the current legislation of Ukraine.
11.3. The Seller has the right to make changes to this Agreement unilaterally.
11.4. The FLOWERS.net.ua website, represented by Sole Proprietor Iurcenсo E. (TIN 305804899), office address: Kyiv, Brest-Litovskyi Avenue, 45, acts as the "Seller" on one side and the "Customer" on the other, together referred to as the "Parties".
