Terms and Conditions

PUBLIC OFFER AGREEMENT

1. GENERAL PROVISIONS

1.1 The following text is an agreement between the online service https://www.florista.com.ua/ (hereinafter referred to as the "Seller") and the user of the online service, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as the "Buyer".

1.2 This Agreement defines the terms and conditions of the purchase of flowers and gifts (hereinafter referred to as the "Goods") by the Buyer through the Seller's website.

1.3. A public contract, according to Articles 633,641 of the Civil Code of Ukraine, is equivalent to an "oral agreement" and has due legal force.

1.4 In accordance with Article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Agreement on the proposed terms, is the fact of the Buyer's payment for the cost of the goods ordered on the online service website (or in another way).

1.5 In this offer, unless the context otherwise requires, the following terms have the following meanings:

"Online service" - the Seller's website, created for concluding retail and wholesale purchase and sale agreements after the Buyer has familiarized himself with the Seller's offered Goods in photographs remotely.

"Seller" - an organization, regardless of its organizational and legal form, and/or an individual entrepreneur who sells goods.

"Goods" - products offered for sale and posted on the website https://www.florista.com.ua/

"Buyer" – a citizen and/or legal entity (individual entrepreneur) placing an order on the website https://www.florista.com.ua/

"Recipient" - a citizen and/or legal entity (LE) designated by the Buyer who is to receive the ordered Goods.

"Acceptance" means the Buyer's full and unconditional acceptance of the terms of the Agreement.

"Order" - individual items of the assortment list of Goods specified by the Buyer when placing an order on the website.

2. SUBJECT OF THE AGREEMENT

2.1 The Seller sells and delivers the Goods in accordance with the current price list published on the website https://www.florista.com.ua/, and the Buyer pays for 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 via the website https://www.florista.com.ua/ (telephone, chat, Skype, Viber, posted on the website) around the clock.

3.1.2 The cost of ordering flowers and gifts does not include their delivery to the recipient and is paid separately.

3.1.3 Instead, the Seller may provide delivery services for any goods purchased from third parties.

3.1.4 If the order has been fully placed and paid for by the Buyer, its immediate completion is carried out a few hours before the delivery time.

3.1.5 If the order was placed after 6:00 PM for "same day" delivery, the possibility of such delivery is agreed with the manager.

3.1.6 When placing an order, the Buyer must specify his and the recipient's data as accurately as possible, according to the order form provided by the Seller (Incorrect recipient information may prevent the order from being fulfilled at the time specified by the Buyer. In this case, the delivery of the order is postponed until the correct recipient's data is clarified no later than 24 hours from the moment of payment for the order).

3.2 Order payment procedure

3.2.1 Payment for the order means the Buyer's consent to conclude 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 bank account. The payment date is the day the funds are credited to the Seller's account.

3.2.3 Prices for any items of the Goods specified on the website https://www.florista.com.ua/ are valid at the time of placing the order. In the event of a change in the price of the ordered items of the Goods, the Seller undertakes to inform the Buyer as soon as possible. The Buyer has the right to confirm or cancel the order. If the Buyer failed to inform the Buyer (no communication, etc.), he has the right to cancel the unpaid order.

3.2.4 Orders are accepted for execution only after funds are received on the Seller's account.

3.2.5 A notification about the payment of the order is sent to the Buyer registered on the Seller's website to the email address specified during registration.

3.2.6 An unregistered Buyer must contact the manager and confirm payment for the order by sending a photo/copy of the receipt to the email address shop@florista.com.ua.

3.2.7. The Buyer pays additionally for services of payment systems and terminals.

3.3 Order delivery terms

3.3.1 When placing an order, the Buyer must clearly indicate his delivery wishes.

3.3.2 Delivery of the order can be carried out either by prior agreement with the recipient by phone specified by the Buyer in the order, or as a surprise.

3.3.3 Delivery without prior agreement with the recipient is carried out in accordance with the specified data (address, recipient's name, etc.) in the Buyer's order. (If the recipient is not at the specified address, the order is, if possible, transferred to third parties (relatives, colleagues, neighbors, concierge, etc.). If no one accepts the order (no one opened the door, neighbors do not accept or the recipient does not live or work at the specified address), then the order is considered fulfilled, the payment is not refunded, so its number.

3.3.4 Fast order fulfillment "same day", performed within 4 hours after payment for the order and upon agreement with the recipient.

3.3.7 Delivery by 12:00 the next day is possible if the order was placed and paid for by 18:00 the previous day. Today's order can be accepted until 18:00 Mon. - Fri. and until 16:00 on Sat. and Sun.

3.3.8 The Buyer may make changes to the order no later than 24 hours before the order delivery time. (If the order has already been completed, it cannot be canceled. The Buyer may place and pay for a new order, while the previous one will be considered delivered or, at the Buyer's request, may be forwarded to another recipient).

3.3.9 The service of photographing the recipient upon delivery is not guaranteed and is performed subject to technical feasibility at the time of delivery and with the recipient's consent.

3.4 Order fulfillment on holidays.

3.4.1 Order fulfillment on holidays (New Year, February 14, March 8 (1 day before and 1 day after) takes place during the day). in the evening. The final delivery time will depend on the workload of couriers on the holiday.

3.4.2 The delivery confirmation period on holidays is 2 business days, which is due to a high workload, meaning the buyer may not immediately receive notification of the fulfillment of his order.

3.4.3 Photo report is not guaranteed.

3.4.4 Upon receipt of the order, the recipient is required to sign the order form, which remains with the courier.

3.5 Surprise order.

3.5.1 The surprise order is executed without prior agreement with the Recipient, the Customer guarantees that the Recipient will be at the delivery address. If the recipient is not at the specified address and it is impossible to leave it with third parties (neighbors, colleagues, security, etc.), the order is considered fulfilled.

4. ORDER FULFILLMENT TERM

4.1 The order fulfillment time depends on the recipient's location (within the city limits 3-4 hours, outside the city limits, the fulfillment time is agreed with the manager), on the complexity of the order (quantity of the Goods, its availability in the Seller's warehouse) and on unforeseen events beyond the Seller's control (road accidents, weather conditions, traffic jams, etc.).

4.2 In the event of improper delivery of the order due to the Seller's fault (the order was not delivered on time, the order did not meet the buyer's requirements or the goods were in improper condition), the order will be re-executed free of charge.

4.3 The order is considered delivered at the moment of its transfer to the Recipient/Buyer/Third Parties.

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.

5. ORDER CREATION. REPLACEMENT OF MISSING COMPONENTS

5.1 The Seller creates an order in accordance with the Buyer's requirements.

5.2 If the Seller does not have certain elements for placing an order for any reason (seasonality, lack of the desired variety/color), the Seller may make a replacement at its own discretion (preserving the color scheme of the composition and attractive appearance).

Please note : Photos of bouquets on the site are presented as an example . Packaging, color scheme and composition of compositions may vary slightly depending on the availability of colors and seasonality . We always maintain the style and price category of the selected bouquet.

5.3 Replacement of non-floral products (cakes, toys, candy bouquets, etc.) may be carried out at the Seller's discretion, without prior approval from the Buyer, for a similar product of the same price category.

5.4 If the appearance of toys, baskets and other goods differs from the image on the seller's website, this cannot be a defect and the reason for a refund or delivery of the order.

5.5 All information materials presented on the website https://www.florista.com.ua/ are for reference purposes only and cannot fully convey reliable information about certain properties and characteristics of the product. (If the Buyer has any questions about the properties and characteristics of the Product before placing an order, he must seek advice from managers or send a request to the website according to the usual order procedure).

6. RETURN OF GOODS, EQUIPMENT. COMPENSATION

6.1 In accordance with the Law of Ukraine "On Protection of Consumer Rights", the Civil Code of Ukraine and the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 "On the Implementation of Certain Provisions of the Law of Ukraine "On Protection of Consumer Rights", flowers and other gifts (children's soft toys, etc.) are not subject to exchange or return.

6.2 The goods can only be returned if the Buyer, within 24 hours of receiving the goods, has filed a complaint with the Seller at shop@florista.com.ua stating that the goods were damaged, providing relevant photo evidence.

6.3 Complaints with an incorrect order number, containing obscene language, and sent later than 24 hours after receiving the order will not be considered.

6.4 In the event of overfulfillment of the order (replacement of goods), the seller must return the damaged goods in the form in which they were delivered.

6.5 If no one accepts the order (no one opens the door, neighbors do not accept, or the recipient does not live or work at the specified address), then the order is considered fulfilled, the payment is not refundable, and the order can be picked up within 24 hours at the seller's store by providing its number.

6.6. If the recipient refuses to accept the gifts during delivery, the Buyer will not be refunded the payment for the order, as the order has been fulfilled.

6.7 It is not possible to cancel an order. Once an order has been placed, all information is immediately forwarded to our overseas partners for preparation and delivery. Flowers are purchased specifically for your order on a specific date, and since they are perishable goods, they cannot be returned or resold. In addition, when canceling an order, there are non-refundable costs: international transfer fees, taxes, and transaction costs. That is why ordering is final and canceling is impossible.

6.8 In other cases, the Seller considers complaints within 10 business days from the date of receipt and notifies the complainant of the consideration electronically.

6.9 If the order is not fulfilled due to the Seller's fault, the Buyer has the right to demand compensation, the amount of which cannot exceed the order amount.

7. INTELLECTUAL PROPERTY COPYRIGHT.

7.1 The Seller is the sole owner of the FLORISTA Trademark in accordance with the Certificate of Ukraine No. 191476 dated September 25, 2014.

7.2 Paragraphs 2 and 4 of Article 16 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" establish that the certificate grants its owner the right to use the mark and other rights defined by this Law.

7.3 In accordance with Article 20 of the Law of Ukraine "On the Protection of Rights to Trademarks for Goods and Services", any infringement of the rights of the certificate owner provided for in Article 16 of this Law, in particular, the commission of actions requiring the consent of the certificate owner without his consent, and preparation for the commission of such actions, is considered a violation of the rights of the certificate owner, which entails liability in accordance with the current legislation of Ukraine.

7.4 The use of signs and designations specified in clause 5 of Article 16 of this Law in domain names without their consent shall be considered a violation of the rights of the certificate holder.

7.5. For the lawful use of a TM (applying it to any product for which the specified mark is registered (hereinafter referred to as the "good")), the packaging containing such a product, a signboard associated with it, a label, patch, tag or other object attached to the product, storage of such a product with the specified mark applied for the purpose of offering it for sale, offering it for sale (export), using it in business documentation or advertising and on the Internet, in particular in domain names, permission (non-exclusive license) must be obtained.

7.6. If business entities wish to use the TM in their activities, for permission to use it, they can contact the email address support@florista.shop.

7.7 The Seller is the owner of exclusive property copyrights to a number of photographic works, graphic images on the website and is their sole author. The Seller uses photographic works through publication on the website https://www.florista.com.ua/ to illustrate goods and services.

7.8 Given the presumption of originality of copyright objects, all photographic works are original, therefore 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.

7.9 The subject of exclusive property copyrights to photographic works may allow the use of these works by third parties and prohibit their use if this takes place without obtaining permission (license). The owner of photos posted on the website https://www.florista.com.ua/ gives permission to use his photo only if a backlink to the original source is placed next to the photo.

7.10. If other authors discover that their photographic works have been placed on the website https://www.florista.com.ua/, all claims are accepted at support@florista.shop.

8. TERM OF VALIDITY OF THE AGREEMENT. PROCEDURE FOR MAKING CHANGES

8.1 Acceptance of the offer by the Buyer is confirmation of the conclusion of the contract under the terms of the offer.

8.2 The Agreement comes into force from the moment the Buyer pays for the order 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 its discretion at any time and without prior notice to the Buyer. The current (valid) 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 contract already in force between the Buyer and the Seller and that these changes to the Contract shall enter into force with such changes to the Offer.

9. CONFIDENTIALITY

9.1 The Seller guarantees the confidentiality of the information that the Buyer provides during registration or placing an order.

9.2 The Seller guarantees that personal data will not be used for selfish purposes, on third-party resources, or to distribute spam.

9.3 When placing an order, the Buyer consents to the processing of his/her personal data, which is stored in the Seller's database solely for the purpose of identifying the Seller/Recipient in the event of repeated orders and for correct execution. In the event of refusal by the Buyer, the Seller will not be able to process the order accordingly.

9.4 The transfer of the Buyer's personal data to third parties is possible by court decision or official request of law enforcement agencies.

10. RESPONSIBILITY

10.1 The Seller is not liable for any loss or damage to the goods from the moment they are handed over to the courier service.

10.2. The recipient or the person who accepted the goods in the recipient's absence bears all risks associated with loss or damage to the goods from the moment of acceptance.

10.3 The Seller has the right to transfer its rights and obligations regarding the fulfillment of orders to third parties, exempting itself from liability.

10.4 The Seller is not responsible for improper use of goods by the Buyer ordered on the website https://www.florista.com.ua/.

10.5 The liability of the Parties in other cases is determined in accordance with the legislation of Ukraine.

10.6 The Parties agree that any disputes, the resolution of which was achieved through negotiations, shall be resolved in accordance with the current legislation of Ukraine.

To offer you the best flowers at the best price, we guarantee the high quality of our products and therefore give you a 7-day freshness guarantee. This means that our bouquet will delight you for at least 7 days. But how can we give you this promise? It's very simple: the flower greeting is lovingly tied with fresh flowers the day before the desired delivery date, securely packaged and handed over to our delivery partner. However, it is very important to follow our instructions for caring for the flower greeting. Or:

Cut flowers immediately after delivery.

Take a clean vase, pour flower fertilizer into it and add fresh, preferably warm water.

Change the water every 2 days.

A fresh cut every 2-3 days helps the flowers absorb fresh water better.

We can only promise freshness if the recipient meets in person. We cannot promise the integrity of our products when delivered to a neighbor, family member, warehouse, or post office/packaging. Do you have questions about our products or our freshness promise? Please use the contact forms on the help page.

11. FULFILLMENT OF INTERNATIONAL ORDERS

11.1 An order for the purchase of Goods worldwide and the CIS is placed at least 1 day in advance.

11.2 When placing an order in the CIS and the World, it is necessary to take into account that the order will be executed in the time interval - from 10:00 to 21:00, taking into account the time of the country and city. The buyer can specify the time of execution of the order only as a wish. Delivery is not guaranteed.

11.3. Flowers must be a mandatory component of the order. Additional goods (candy, soft toys, balls, etc.) can only be an addition to the bouquet. In the absence of additional goods, the Seller reserves the right to deliver more flowers.

11.4 Due to the absence of certain floral components in a certain country (depending on the climate) or their absence in a certain season, the Seller, at its sole discretion, has the right to replace the components of the bouquet without violating the color scheme.

11.5 The buyer must indicate the recipient's contact phone number, address with house or district code. In the absence of a phone number, the order is not guaranteed. In the absence of the recipient, the goods are transferred to third parties (relatives, colleagues, neighbors, etc.).

11.7 If the Buyer has provided an incorrect address or the recipient is unavailable at this address, this may result in a delay and/or non-fulfillment of the order. In such a case, the order will be deemed to have been delivered and no refund will be given.

11.8 In the absence of the recipient at the address specified by the Buyer, the Seller has the right to call the recipient before delivery if necessary (if the delivery is a surprise, then with the Buyer's consent).

11.9. In almost all countries of the world, delivery on Sunday is not possible, therefore the Buyer's order is automatically postponed to Monday.

11.10 The order fulfillment report is sent to the Buyer's email address within 2 business days from the date of the order.

11.11. Inquiries regarding order status (and other custom requests) are responded to within 24-48 hours.

11.12. Photos are not provided at the time of delivery throughout the World, and within the CIS - only upon request and cannot be guaranteed.

IMPORTANT *** The moment of conclusion of this Agreement is considered the moment of payment for the order.