Terms of Use
PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS
1.1. The following text is an agreement between the online service http://deutschland.mr-florista.shop/ (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 " Buyer".
1.2. This Agreement defines the conditions for the purchase of flowers and gifts (hereinafter referred to as the "Goods") by the Buyer through the Seller's website.
1.3. The contract is public according to art. 633.641 of the Civil Code of Ukraine and is the equivalent of an "oral agreement" and has the proper legal force.
1.4. In accordance with Art. 642 of the Civil Code of Ukraine by full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Agreement on the proposed terms, the fact that the Buyer has paid for the cost of the online service ordered on the website (or in another way) for the goods.
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 the conclusion of retail and wholesale purchase and sale agreements, after the Buyer has familiarized himself with the seller's proposed Goods in photographs remotely.
"Seller" - an organization, regardless of its organizational and legal form and / or an individual - an entrepreneur selling goods.
"Goods" - products offered for sale and posted on the website http://deutschland.mr-florista.shop/
"Buyer" - a citizen and / or legal entity (FLP), makes an order on the website http://deutschland.mr-florista.shop/
"Recipient" - a citizen and / or legal entity (flp) determined by (a) the Buyer who must receive the ordered Goods.
"Acceptance" - full and unconditional acceptance by the Buyer of the terms of the Agreement.
"Order" - individual items from the assortment list of the Goods specified by the Buyer when placing an order on the website.
2. SUBJECT OF THE CONTRACT
2.1. The Seller sells and delivers the Goods in accordance with the current price list published on the website http://deutschland.mr-florista.shop/, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
3. ORDER PROCEDURE
3.1. Order formation
3.1.1. Orders are accepted through the website http://deutschland.mr-florista.shop/ (phone, chat, skype, viber posted on the website) around the clock.
3.1.2. The cost of ordering flowers and gifts includes their delivery to the recipient and is not paid separately.
3.1.3. However, the Seller does not 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 direct picking takes place a few hours before the delivery time.
3.1.5. If the order was formed after 18.00 for delivery "from the same day", the possibility of such delivery is agreed with the manager.
3.1.6. When placing an order, the Buyer must indicate his and the recipient's data as accurately as possible, according to the order form provided by the Seller (Incorrect information of the recipient may prevent the execution of the order at the time specified by the Buyer. In this case, the delivery of the order is postponed until the correct data of the recipient is clarified no later than 24 hours from the date of payment order by the Buyer.)
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 settlement account. The date of payment is the day of receipt of funds to the account of the Seller.
3.2.3. The prices for any item of the Goods indicated on the website http://deutschland.mr-florista.shop/ are valid at the time of 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 (there is no connection, etc.), he has the right to cancel the unpaid order.
3.2.4. Orders are accepted for execution only after receipt of funds to the Seller's account.
3.2.5. To the registered Buyer on the seller's website, a message about the payment for the order is sent to the email address that was specified during registration.
3.2.6. An unregistered buyer must contact the manager and confirm the payment of funds for the order by sending a photo / copy of the receipt to the email address support@deutschland.mr-florista.shop.
3.2.7. Services of payment systems, terminals, the Buyer pays additionally.
3.3. Order delivery terms
3.3.1. When placing an order, the Buyer must clearly indicate the requirements for its delivery (One order can be placed on one date, time, address. If you need to congratulate several persons at different addresses, or at different times at the same address, you must 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 indicated by the Order.dropper in the order.
3.3.3. Delivery without prior agreement with the recipient is carried out according to the specified data (address, time, name of the recipient, etc.) in the Buyer's order. (If the recipient is not at the specified address, the order, if possible, is transferred to third parties (relatives, colleagues, neighbors, concierge, etc.). If there is no one to accept the order (no one opened the door, the neighbors do not accept or the recipient does not live, does not work address) then the order is considered completed, the payment is non-refundable, this order can be picked up within 24 hours at the seller's store, giving its number.)
3.3.4. Fast execution of the order "to the same day", is carried out within 4 hours after payment for the order and in agreement with the recipient.
3.3.7. Delivery before 12.00 the next day is possible if the order was placed and paid for before 18.00 the previous day. Orders for today can be accepted until 18.00 Mon. - Fri. and until 16.00 on Sat and Sun.
3.3.8. The Buyer can make changes to the order no later than 4 hours before the delivery time of the order. (If the order has already been completed, it is impossible to cancel it. The Buyer can place and pay for a new order, while the previous one will be considered delivered or, at the Buyer's request, can be redirected to another recipient).
3.3.9. The service of photographing the recipient upon delivery is not guaranteed and is performed subject to the technical feasibility at the time of delivery and with the consent of the recipient.
3.4. Fulfillment of the order on holidays.
3.4.1. The execution of the order on holidays (New Year, February 14, March 8 (1 day before and 1 day after) occurs during the day. The exact delivery time is not guaranteed, but the manager can take into account the wishes of the Buyer, for delivery in the morning, afternoon or evening. The final delivery time will depend on the workload of the couriers on the holiday.
3.4.2. The deadline for confirmation of delivery on holidays is 2 working days, which is associated with a heavy load, that is, the buyer may not immediately receive notifications about the completion of his order.
3.4.3. Photo report on holidays (1 day before and 1 day after) is not guaranteed.
3.4.4. Upon receipt of the order, the recipient is obliged to sign the order form, which remains with the courier.
3.5. Surprise order.
3.5.1. A surprise order is executed without prior agreement with the recipient (when placing an order, if the Buyer does not select the option "call the recipient" then he guarantees that the recipient will be at the delivery address in the specified time period (minimum 3 hours). In the absence of the Recipient at the specified address and if it is impossible to leave it to third parties (neighbors, colleagues, security, etc.), the order is considered completed).
4. DEADLINE
4.1. The order execution time depends on the location of the recipient (within the city 3-4 hours, outside, the execution time is agreed with the manager) on the complexity of the order (the quantity of the Goods, its availability in the seller's warehouse) and on unforeseen events that do not depend on the Seller (accident, weather conditions, traffic jams, etc.).
4.2. In case of improper execution of the delivery of the order due to the fault of the Seller (the order was not delivered on time, the order does not meet the requirements of the buyer or the goods are in an improper form), the re-execution of the order is free of charge.
4.3. The order is considered delivered at the moment of its transfer to the Recipient / Buyer.
4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the moment the order is delivered to the Recipient.
5. CREATING ORDER. REPLACING MISSING COMPONENTS
5.1. The Seller creates an order in accordance with the requirements of the Buyer.
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, in agreement with the Buyer, can make a replacement.
5.3. If it was not possible to agree on a replacement with the Buyer (there is no connection, there is a big time difference with the country of his residence), the Seller can make a replacement at his own discretion (keeping the color scheme of the composition and attractive appearance) by notifying the Buyer electronically.
5.4. Replacement of floral and non-floral products can be carried out without the consent of the Buyer on holidays (New Year, February 14 and March 8 (1 day before and 1 day after)).
5.5. Replacement of non-floral products (cakes, toys, candy bouquets, etc.) can be carried out at the Seller's discretion, without prior agreement with the Buyer, for a similar product of the same price category.
5.6. If the appearance of toys, baskets and other goods differs from the image on the seller's website, this cannot be a defect and a reason for a refund or reshipment of the order.
5.7. All information materials presented on the site http://deutschland.mr-florista.shop/ are for reference only and cannot fully convey reliable information about certain properties and characteristics of the product. (If the Buyer has any questions regarding the properties and characteristics of the Goods, beforeWhen placing an order, he needs to seek advice from managers or send a request to the site according to the usual ordering procedure.)
6. RETURN OF GOODS, FUNDS. COMPENSATION
6.1. According to the Law of Ukraine "On the Protection of Consumer Rights", the Civil Code of Ukraine and the Resolution of the Cabinet of Ministers of March 19, 1994 No. 172 "On the implementation of certain provisions of the Law of Ukraine" On the Protection of Consumer Rights ", flowers and other gifts (children's soft toys, etc.) are not subject to exchange or return.
6.2. Return of goods can be only if the Buyer, within 24 hours from the receipt of the goods, filed a complaint with the Seller at support@deutschland.mr-florista.shop that the goods were damaged, providing the appropriate supporting photos.
6.3. Complaints with an incorrect order number, containing obscene expressions and those that arrived later than a day after receiving the order, are not considered.
6.4. In case of overfulfillment of the order (replacement of goods), the seller must return the damaged goods in the same condition in which they were delivered.
6.5. The seller may refuse to re-delivery only if the recipient has personal reasons for the goods (allergy, taste, etc.).
6.6. If the recipient refused to accept gifts upon delivery, the payment for the order is not returned to the Buyer, since the order has been completed.
6.7. In case of refusal of the gift by the recipient during a preliminary call, the Buyer can receive the funds paid for this order, if it has not yet been created by florists.
6.8. In other cases, the Seller considers the complaint within 10 working days from the date of its receipt and informs the complainant of the results of the consideration in electronic form.
6.9. If the order is not fulfilled due to the fault of the seller, 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 MR.FLORISTA Trademark, according to the Certificate of Ukraine No. 191476 dated September 25, 2014.
7.2. Paragraphs 2, 4 of Article 16 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services" established 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 the Protection of Rights to Marks for Goods and Services" any infringement 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 preparations for the commission of such actions, is considered a violation of the rights of the owner of the certificate, which entails liability in accordance with the current legislation of Ukraine.
7.4. It is also considered a violation of the rights of the owner of the certificate to use without his consent in domain names, signs and designations specified in paragraph 5 of Article 16 of this Law.
7.5. For the legal use of TM (applying it to any product for which the mark is registered (hereinafter referred to as the "product"), the packaging that contains such a product, a sign associated with it, a label, patch, tag or other item attached to the product, storage such a product with the indicated sign applied for the purpose of offering it for sale, offering it for sale, selling, importing (importing) and exporting (exporting), using it in business documentation or in advertising and on the Internet, including domain names) obtain permission (non-exclusive license)).
7.6. If business entities have expressed a desire to use TM in their activities, for permission to use it, they can apply with a letter to the email address support@deutschland.mr-florista.shop.
7.7. The Seller is the owner of exclusive property copyrights for a number of photographic works, graphic images on the site and is their sole author. The seller uses photographic works by publishing on the website www.u-f-l.net to illustrate goods and services.
7.8. By virtue of the presumption of originality of objects of copyright, all photographic works are original, therefore they are protected by copyright without registration 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” 1993.
7.9. The subject of exclusive property copyrights to photographic works may give permission for the use of these works to third parties and prohibit their use, if such takes place without obtaining a permit (license). The owner of the photo posted on the site http://deutschland.mr-florista.shop/ gives permission to use his photo only if the photo has a link back to the source.
7.10. If other authors found that their photo works were posted on the site http://deutschland.mr-florista.shop/, all claims are accepted at support@deutschland.mr-florista.shop.
8. TERM OF THE CONTRACT. MODIFICATION PROCEDUREENIY
8.1. Acceptance of the Offer by the Buyer is a confirmation of the conclusion of the contract on 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 own discretion at any time and without prior notice to the Buyer. The current (current) version of the contract is always available on the website.
8.4. The Buyer agrees and acknowledges that the introduction of amendments to the Offer entails the introduction of these changes into the agreement already in force between the Buyer and the Seller, and these changes in the Agreement come into force with such changes in the Offer.
9. PRIVACY
9.1. The Seller guarantees the secrecy of the information that the Buyer indicates during registration or when placing an order.
9.2. The Seller guarantees that personal data will not be used for personal gain, on third-party resources or for spamming.
9.3. When placing an order, the Buyer agrees to the processing of his personal data stored in the Seller's database solely to identify the seller / Recipient for repeated orders, and for their correct execution. If the Buyer refuses, the Seller will not be able to properly process the order.
9.4. The transfer of the Buyer's personal data to third parties is possible by a court decision, or at the official request of law enforcement agencies.
10. RESPONSIBILITY
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