Terms & Conditions

PUBLIC OFFER AGREEMENT
 
1. GENERAL PROVISIONS
1.1 The following text is a contract between the online service https://www.mr-florista.com.ua/ (hereinafter referred to as "Seller") and the user of services of the online service, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as "Buyer".
1.2 This Agreement defines the terms and conditions of 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 due legal force.
1.4 In accordance with Art. 642 of the Civil Code of Ukraine full and unconditional acceptance of the terms of this proposal (offer), which confirms the conclusion of the Agreement on the proposed terms, the fact of payment by the Buyer of the cost of goods ordered on the site of online - service (or by other means).
1.5 In this offer, unless the context requires otherwise, 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 familiarizes himself with the Seller's offered Goods in photos by remote method.
"Seller" - an organization, regardless of its organizational and legal form and / or an individual - entrepreneur, selling goods.
"Goods" - products offered for sale and posted on the website https://www.mr-florista.com.ua/.
"Buyer" - a citizen and / or legal entity (flp), makes an order on the site https://www.mr-florista.com.ua/.
"Recipient" - a citizen and / or legal entity (flp) is defined (-a) Buyer to receive the ordered Goods.
"Acceptance" - full and unconditional acceptance by the Buyer of the terms and conditions 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 shall sell and deliver the Goods according to the valid price list published on the website https://www.mr-florista.com.ua/, and the Buyer shall pay for and accept the Goods in accordance with the terms and conditions of this Agreement.
3. ORDER PLACEMENT PROCEDURE
3.1 Order formation
3.1.1 Orders are accepted through the website https://www.mr-florista.com.ua/ (phone, chat, Skype, Viber, posted on the website) round 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 At the same time, 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, the order is completed a few hours before the delivery time.
3.1.5. If the order was formed after 18.00 for delivery "from day to day", 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 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 shall be postponed until the correct recipient's details are specified no later than 24 hours after the Buyer has paid for the order).
3.2 Order payment procedure
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 shall pay the cost of the order under the Contract by transferring funds to the Seller's current account. The date of payment shall be the day of receipt of funds to the Seller's account.
3.2.3 The prices for any items of the Goods indicated on the website https://www.mr-florista.com.ua/ are valid at the time of ordering. In case of price changes for the ordered items of 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 fails 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 the receipt of funds to the Seller's account.
3.2.5. Registered Buyer on the Seller's website, the message about payment for the order is sent to the e-mail address that was specified during registration.
3.2.6. Unregistered Buyer should contact the manager and confirm the payment for the order by sending a photo / copy of the receipt to the e-mail address support@mr-florista.shop.
3.2.7. Services of payment systems, terminals, the Buyer pays additionally.
3.3 Terms of order delivery
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 persons at different addresses, or at different times at the same address it is necessary to make a corresponding number of orders).
3.3.2 Delivery of the order is carried out upon prior agreement with the recipient by phone number specified by the Buyer 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 is transferred to third parties (relatives, colleagues, neighbors, concierge, etc.). If there is no one to accept the order (no one opened the door, neighbors do not accept or the recipient does not live, does not work at the specified address) then the order is considered completed, payment is not refunded, this order can be picked up within 24 hours in the seller's store, calling its number).
3.3.4 Fast fulfillment of the order "day to day", is carried out within 4 hours after payment for the order and upon agreement with the recipient.
3.3.7. Delivery before 12.00 of the next day is possible if the order was placed and paid for before 18.00 of the previous day. Orders for today can be accepted until 18.00 Mon. - Fri. and till 16.00 on Sat. and Vs.
3.3.8 The Buyer can make changes to the order no later than 4 hours before the time of order delivery. (If the order is already completed, it is impossible to cancel it. The Buyer may place and pay for a new order, while the previous order 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 during delivery is not guaranteed and is performed if technically possible at the time of delivery and with the consent of the recipient.
3.4 Execution of the order 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. The exact time of delivery is not guaranteed, but the manager may take into account the wishes of the Buyer, the delivery in the morning, afternoon or evening. The final delivery time will depend on the workload of couriers on a holiday.
3.4.2 Delivery confirmation period on holidays - 2 working days, which is due to heavy workload, that is, the Buyer may not immediately receive notification of the fulfillment 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 must sign the order form, which remains with the courier.
3.5 Surprise order.
3.5.1 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 the Buyer guarantees that the Recipient will be at the delivery address within the specified time period (at least 3 hours). In case of absence of the Recipient at the specified address and in case of impossibility to leave to third parties (neighbors, colleagues, security guards, etc.), the order is considered completed).
4. ORDER FULFILLMENT PERIOD
4.1 The time of fulfillment of the order depends on the location of the Recipient (within the city 3-4 hours, outside the city, the time of fulfillment shall be agreed with the manager), on the complexity of the order (the quantity of Goods and their availability in the Seller's warehouse) and on unforeseen events that do not depend on the Seller (traffic accidents, weather conditions, traffic jams, etc.).
4.2 In case of improper fulfillment of the order delivery through the fault of the Seller (the order is not delivered on time, the order does not meet the requirements of the buyer or the goods are in improper condition), the repeated fulfillment 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 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 the order for any reason (seasonality, lack of the required variety / color) the Seller, in agreement with the Buyer can make a replacement.
5.3 If it is not possible to coordinate the replacement with the Buyer (no communication, big time difference with the country of his stay), the Seller can make a replacement at his own discretion, (preserving the color scheme of the composition and attractive appearance) notifying the Buyer electronically.
5.4 The replacement of floral and non-floral products may be carried out without agreement with 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.) may 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, it cannot be a defect and a reason for refund or redelivery of the order.
5.7 All information materials presented on the website https://www.mr-florista.com.ua/ are of a reference nature and cannot fully convey reliable information about certain properties and characteristics of the goods. (In case the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an order, he/she should consult the managers or send a request to the website according to the usual ordering procedure).
6. RETURN OF GOODS, FUNDS. COMPENSATION
6.1 According to the Law of Ukraine "On Protection of Consumer Rights", the Civil Code of Ukraine and the Resolution of the Cabinet of Ministers of Ukraine from March 19, 1994 № 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 Return of goods can be only if the Buyer within 24 hours of receipt of the goods, complained to the Seller at support@mr-florista.shop that the goods were spoiled, providing relevant supporting photos.
6.3 Complaints with an incorrect order number, containing obscene language and those that came later than 24 hours after receiving the order are not considered.
6.4 In case of over-delivery (replacement of goods), the seller must return the damaged goods to the seller in the same condition in which they were delivered.
6.5 The seller can refuse to redeliver only if the recipient has personal reasons for the goods (allergies, taste, etc.).
6.6 If the recipient refuses to accept the gifts upon delivery, the Buyer will not be refunded the payment for the order, as the order has been fulfilled.
6.7. If the recipient refuses to accept the gift when called in advance, the Buyer may receive the paid funds for this order, if it has not yet been created by fYakobsdorfist.
6.8 In other cases, the Seller considers complaints within 10 working days from the date of its receipt and informs the complainant electronically about the reYakobsdorftaty of consideration.
6.9 If through the fault of the Seller the order is not fulfilled, the Buyer has the right to claim compensation, the amount of which may not exceed the amount of the order.
7. INTELLECTUAL PROPERTY COPYRIGHTS.
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 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 grants its owner the right to use the mark and other rights defined by this Law.
7.3 According to Article 20 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", any infringement of the rights of the certificate holder provided for in Article 16 of this Law, including the commission without the consent of the certificate holder of actions requiring his consent and preparations for the commission of such actions, shall be deemed a violation of the rights of the certificate holder, which shall entail liability under the current legislation of Ukraine.
7.4 The use without the certificate holder's consent in domain names of signs and designations specified in Clause 5, Article 16 of this Law shall also be considered a violation of the certificate holder's rights.
7.5. For legal use of the TM (application of the mark on any goods for which the mark is registered (hereinafter referred to as "goods"), packaging containing such goods, signage associated with such goods, label, patch, tag or other object attached to the goods, storage of such goods with the said mark applied for the purpose of offering for sale, offering them for sale, sale, import (import) and export (export), use of them in business documentation or in advertising and in the Internet, including domain names) shall require a permit (non-exclusive license)).
7.6 If business entities wish to use the TM in their activities, they may apply for permission for its use by sending a letter to the e-mail address support@mr-florista.shop.
7.7 The Seller is the owner of exclusive proprietary copyright for a number of photographic works, graphic images on the website and is their sole author. The Seller uses the photographic works by publishing them on the website https://www.mr-florista.com.ua/ to illustrate the goods and services.
7.8 By virtue of the presumption of originality of copyright objects, 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 according to 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 proprietary copyright on photographic works may grant permission to use these works to third parties and prohibit their use if such use takes place without permission (license). The owner of the photo posted on the site https://www.mr-florista.com.ua/ gives permission to use his photo only in the case when the photo will have a link back to the original source.
7.10. If other authors have discovered the placement of their photo works on the site https://www.mr-florista.com.ua/, all claims are accepted at support@mr-florista.shop.
8. TERM OF VALIDITY OF THE CONTRACT. AMENDMENT PROCEDURE
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 effect from the moment of payment for the order by the Buyer and shall remain in force 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 contract 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 these changes in the Contract shall take effect with such changes in the Offer.
9. CONFIDENTIALITY
9.1 The Seller guarantees the secrecy of the information that the Buyer indicates when registering or placing an order.
9.2 The Seller guarantees that personal data will not be used for personal gain, on third-party resources or for spam distribution.
9.3 When placing an order, the Buyer consents to the processing of his/her personal data stored in the Seller's database solely for the purpose of identification of the Seller / Recipient in case of repeated orders, and for their correct fulfillment. In case of refusal by the Buyer, the Seller will not be able to carry out the order accordingly.
9.4 The transfer of the Buyer's personal data to third parties is possible by court order or at the official request of law enforcement authorities.
10. LIABILITY
10.1 The Seller bears all risks related to loss of or damage to the goods until they are handed over to the Buyer.
10.2 The recipient or the one who has accepted the goods when the recipient is absent bears all risks related to loss or damage to the goods from the moment of their acceptance.
10.3 The Seller is entitled to transfer its rights and obligations to third parties for the fulfillment of orders without being released from liability.
10.4 The Seller shall not be liable for improper use of the Buyer's goods ordered on https://www.mr-florista.com.ua/.
10.5 The responsibility of the Parties in other cases shall be determined in accordance with the laws of Ukraine.
10.6 The Parties agree that any disputable situations, the solution of which could not be reached through negotiations, shall be resolved in accordance with the current Ukrainian legislation.
To be able 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 please you for at least 7 days. But how can we give you this promise? It's very simple: the floral greeting is lovingly tied with fresh flowers one day before the desired delivery date, securely wrapped and handed over to our delivery partner. However, it is very important to follow our instructions for the care of the floral greeting. These are:
Cut the 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 make a promise of 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 station. 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 The order for the purchase of Goods within the World and CIS shall be placed at least 1 day in advance.
11.2 When placing an order for 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 order fulfillment only as a wish. Delivery at this time is not guaranteed.
11.3 Flowers should be an obligatory component of the orders. Additional goods (candy, soft toys, balloons, 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 (depends on the peculiarities of the climate) or in case of their absence in a certain season, the Seller at its discretion has the right to replace the components of the bouquet without violating the color scheme.
11.5 The Buyer shall specify the recipient's contact phone number, address with the house or district index. In the absence of a phone number, the fulfillment of the order is not guaranteed. In case of absence of the recipient, the goods are transferred to third parties (relatives, colleagues, neighbors, etc.).
11.7 If the Buyer has specified an incorrect address or the recipient is unavailable at this address - this may cause a delay and / or non-fulfillment of the order. In this case, the order delivery is considered to be fulfilled and the money is not refunded.

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 consent of the Buyer).
11.9 Almost in all countries of the world Sunday delivery is impossible, so the Buyer's order is automatically postponed to Monday.
11.10. Order fulfillment report is sent to the Buyer's e-mail address within 2 working days from the date of the order.
11.11. Order status inquiry ( and others on the order ) are fulfilled within 24-48 hours.
11.12. Photo at the moment of delivery is not provided worldwide, for CIS - only on request and cannot be guaranteed.

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