Public offer agreement
1.1. The following text is an Agreement between the online store www.srez.com.ua, hereinafter referred to as the "Seller", and the user of the services of the online store, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as the "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 online store.
1.3. The contract is public in accordance with Art. 633 and Art. 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 offer agreement, which confirms the conclusion of the Agreement on the proposed conditions, the fact that the Buyer has paid for the cost of the goods ordered on the website of the online store (or in another way).
1.5. In this offer, unless the context requires otherwise, the following terms have the following meanings:
"Internet store" - the Seller's website, created for the conclusion of Retail Sales 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 entrepreneur who sells goods.
"Goods" - products offered for sale and posted on the website www.srez.com.ua
"Buyer" - an individual and / or legal entity who places an order on the website www.srez.com.ua
"Site User" - any individual who has ever accessed the Site, who has reached the age allowed to accept this Agreement.
"Recipient" - an individual and / or legal entity determined by 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.
SUBJECT OF THE CONTRACT
2.1. The Seller sells and delivers the Goods in accordance with the current price list published on the website www.srez.com.ua, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
3.1. Order formation.
3.1.1. Orders are accepted through the site www.srez.com.ua during the working hours of the Seller.
3.1.2. The cost of ordering flowers and gifts does not include delivery to the Recipient in Kyiv and Ukraine
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 on the order of the Buyer.
3.1.5. If the order has been fully completed and paid 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 same-day delivery, the possibility of such delivery is additionally agreed with the administrator of the online store, and, if necessary, is paid according to the tariffs of taxi services.
3.1.7. When placing an order, the Buyer must indicate the details of the Recipient as accurately as possible. Incorrect information provided by the Buyer may prevent the execution of the order at the specified time. In this case, delivery is delayed until the correct data of the Recipient is clarified, but no more than 12 hours from the moment the Buyer pays 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 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 www.srez.com.ua 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, with the exception of choosing the delivery option "self-delivery".
3.2.6. The Buyer receives a message about the payment for the order by e-mail or in an SMS message to the contact phone number that was specified when placing the order.
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 issued for 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 Buyer in the order.
3.3.3. Fast order fulfillment and “same-day delivery”, carried out within 3 hours after order payment, according tocommunication with the Recipient.
3.3.4. Payment for the order and “same day delivery” by bank transfer must be made at least one hour before the selected delivery time interval.
3.3.5. The Buyer can make changes to the order no later than 3 hours before the delivery time of the order. If the order has already been placed, it cannot be cancelled. The Buyer can place and pay for a new order, while the previous one can be picked up at the pickup point or, at the Buyer's request, can be redirected to another recipient.
3.4. Fulfillment 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.srez.com.ua in the Payment and Delivery section.
3.5. Confidential order.
3.5.1. Confidential order, carried out without prior agreement with the Recipient. When placing an order, the Buyer specifies 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 delivery time.
3.5.2. The buyer is fully responsible for the information provided to the online store.
3.5.3. Problems and their solutions that may arise during delivery without a prior call to the Recipient are indicated on the Seller's website in the "Payment and Delivery" section.
ORDER PERFORMANCE TERM
4.1. The term for completing the order depends on the location of the Recipient - within the city of Kyiv from 2 hours. Outside the city, the deadline for the 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 goods and their availability, on unforeseen events that do not depend on the Seller (traffic accidents, 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 (inconsistency of the order with the requirements of the Buyer or the goods in an improper form), see the further actions in the section "Payment and Delivery" on the website www.srez.com.ua
4.3. The order is considered completed at the moment of its transfer to the Recipient / Buyer and / or his authorized representatives.
4.4. The agreement between the Seller and the Buyer is valid from the moment of its conclusion until the delivery of the order to the Recipient / Buyer or his authorized representatives.
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 or flower color), the Seller, in agreement with the Buyer, can 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 a reason for a refund or replacement of the order.
5.5. All information materials presented on the site www.srez.com.ua 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, before placing an order, he must contact the administrator of the online store for advice by phone, or send a request to the site through the usual ordering procedure.
PRODUCT REPLACEMENT. PURCHASE RETURNS. REFUND.
6.1. The Seller creates an order in accordance with the requirements of the Buyer.
6.2. The Recipient / Buyer may refuse or return the order immediately upon receipt, indicating to the courier the reason for the return.
6.3. The buyer has the right to issue a letter with a complaint to the email address: admin@srez,com.ua, indicating the reason and providing the appropriate description and supporting photos, within 24 hours after receiving the gift by the recipient.
6.4. In case of replacement or return of the goods, the Buyer or the Recipient must return the previous goods in the same condition in which it was delivered.
6.5. The Seller may refuse to replace or compensate the value of the gift, if the Recipient has personal reasons for returning the goods (allergies, taste, etc.) about which the Seller was not informed.
6.6. In case of refusal of the gift by the Recipient upon a preliminary call, the Buyer can receive the funds paid for this order, if it has not yet been created by florists.
6.7. In other cases, the Seller considers the complaint within 3 working days from the date of its receipt, the Seller reports the results of the consideration of the complaint in electronic form.
6.8. If, due to the fault of the Seller, 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.
CONTRACT TIME. MODIFICATION PROCEDURE.
7.1. Acceptance of the Offer by the Buyer is a confirmation of the conclusion of the Agreement on the terms of the Offer.
7.2. The Agreement comes into force from the moment the Buyer pays for the order and is valid until the Seller fulfills its obligations under thiscurrent Treaty.
7.3. 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 (current) version of the Agreement is always available on the website.
7.4. The Buyer agrees and acknowledges that the introduction of changes 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.
PERSONAL INFORMATION OF THE USER.
8.1. The Site Administration treats confidential information of any person visiting the Site with respect and responsibility. By accepting 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 the 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.
8.2. The Site Administration undertakes to collect only the personal information that the User provides voluntarily in the case when the information is needed to provide (improve) services to the User.
8.3. 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.
8.4. 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 the damage caused by such access.
8.5. The Site Administration may use any information collected through the Site in order to improve the content of the Site, refine it, transfer information to the User (upon request), for marketing or research purposes, as well as for other purposes that do not contradict the provisions of the current legislation of Ukraine.
9.1. The Seller bears all risks associated with the loss or damage of the goods until they are transferred to the Buyer.
9.2. The Recipient or the one who accepted the goods at the time of the Recipient's absence bears all risks associated with the loss or damage of the goods from the moment of its acceptance.
9.3. The seller has the right to transfer his rights and obligations to fulfill orders to third parties, without being released from liability.
9.4. The Seller is not responsible for the improper use or storage of goods by the Buyer ordered on the website www.srez.com.ua
9.5. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
9.6. The Parties agree that any disputes, the solution of which could not be reached through negotiations, are resolved in accordance with the current Ukrainian legislation.