PUBLIC CONTRACT (OFFER)
for ordering, purchasing, selling and delivering goods
This agreement between the sole proprietor Chubirka Y.M., hereinafter referred to as the "Seller" and the user of the services of the website, hereinafter referred to as the "Customer", is a contract of assignment for the order, purchase and delivery of Goods and defines the main conditions for ordering, purchasing and delivering Goods through the https://bomondflowers.com.ua/ website. The Buyer, acting for the purpose of purchasing the Goods, accepts the terms of this contract for the sale of the Goods (hereinafter referred to as the Agreement) on the following terms:
- DEFINITION OF TERMS
1.1. Public Offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a contract for the sale of goods with the Seller remotely (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer, including all Appendices.
1.2. Order - the Customer's decision to order the goods and their delivery, issued in the online store and/or an order for the purchase and delivery of goods.
- GENERAL PROVISIONS
2.1. The information below is an official offer (offer) of the online store https://bomondflowers.com.ua/ any individual (hereinafter referred to as the "Buyer") to conclude a contract for the sale of goods. This agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers.
2.2. According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the Contract for the sale of goods on the terms proposed below, is the fact of placing and confirming the order.
2.3. By placing an Order, and making partial or full payment for the goods, the Buyer confirms the agreement and unconditional acceptance of the terms of this offer (offer).
2.4. By concluding the Agreement (i.e. emphasizing the terms of this Offer (Offered Opportunities) by placing an Order), the Buyer confirms the following:
- The buyer is fully and fully familiar with and agrees with the terms of this offer (offer);
- It gives permission for the collection, processing and transfer of personal data under the conditions defined below in the Notice on the collection, processing and transfer of personal data, the permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiry. In addition, by concluding the Agreement, the Customer confirms that he has been notified (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, as well as that his personal data is transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as to receive invoices, acts and other documents. The Customer also agrees that the Seller has the right to provide access to and transfer his personal data to third parties without any additional notice to the Customer, without changing the purpose of personal data collection. The scope of the Customer's right as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
- PRODUCT PRICE
3.1. The price for each item of the Product is indicated on the website of the online store.
3.2. The Seller has the right to unilaterally change the price of any item of the Goods.
3.3. In case of a change in the price of the ordered Goods, the Seller undertakes to inform the Buyer about the change in the price of the Goods.
3.4. The Buyer has the right to confirm or cancel the Order for the purchase of the Goods if the price is changed by the Seller after placing the order.
3.5. The Seller is not allowed to change the price of the Goods paid by the Buyer.
3.6. The Seller indicates the cost of delivery of the Goods on the website of the Online Store or informs the Buyer when placing an order by the Manager.
3.7. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives the funds in full.
3.8. Settlements between the Seller and the Buyer for the Goods are made by the methods specified on the website of the Online Store in the "Payment and Delivery" section.
- CHECKOUT
4.1. The Buyer orders the Goods through the Manager or Administrator by phone +38 (093) 248-94-35, or through the service of the website of the online store https://bomondflowers.com.ua/
4.2. When registering on the website of the Online Store, the Buyer undertakes to provide the following registration information:
4.2.1. Name and surname of the Buyer or the person (recipient) specified by him/her;
4.2.2. The address to which the Goods are to be delivered (if delivery to the Buyer's address);
4.2.3. E-mail address (optional field to be filled in);
4.2.4. Contact phone number.
4.3. The name, quantity, article, price of the Product selected by the Buyer are indicated in the Buyer's basket on the website of the Online Store.
4.4. If the Seller needs additional information, he has the right to request it from the Buyer. In case of failure to provide the necessary information by the Buyer, the Seller is not responsible for providing a quality service to the Buyer when purchasing goods in the online store.
4.5. When placing an Order through the Manager (clause 4.1 of this Offer), the Buyer undertakes to provide the information specified in clause 4.2. of this Offer.
4.6. The Buyer accepts the terms of this Offer by entering the relevant data into the registration form on the website of the Online Store or when placing an Order through the Manager. After placing an Order through the Manager, data about the Buyer is registered in the Seller's database.
4.7. The Buyer is responsible for the accuracy of the information provided when placing an order.
4.8. The Remote Purchase and Sale Agreement between the Seller and the Buyer is considered to be concluded from the moment of electronic ordering on the service of the online store website or the issuance by the Seller to the Buyer of a cash or sales receipt or other document confirming payment for the Goods.
- DELIVERY AND TRANSFER OF GOODS TO THE BUYER
5.1. Methods, procedure and terms of delivery of goods are indicated on the website in the "Payment and delivery" section. The Buyer agrees on the procedure and terms of delivery of the ordered goods with the Manager/Administrator of the Online Store at the time of purchase.
5.2. Pickup of goods:
5.2.1 After forming an application, making a preliminary payment, the buyer can pay and receive his goods at the address: Kharkiv, st. Sumska 59, Mon - Sun from 09:00 to 19:00.
5.2.2. The ownership and risk of accidental loss or damage to the Goods shall be transferred to the Customer or his Representative from the moment of receipt of the Goods.
5.3. Delivery of the Goods is carried out by the employees of the Online Store in accordance with the terms of delivery or with the involvement of third parties (carrier).
5.4. Upon receipt of the Goods, the Customer must, in the presence of the courier's representative, check the compliance of the Goods with the qualitative and quantitative characteristics (name of the Goods, quantity, completeness).
5.5. When accepting the Goods, the Customer or the Customer's Representative confirms that he has no claims to the quantity of the Goods, appearance and completeness of the Goods.
- RETURN OF GOODS, FUNDS.
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 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 are not subject to exchange or return.
6.2. Return of goods can only be if the Buyer within 24 hours from the date of receipt of the goods, has filed a complaint with the Seller at [email protected] address about the discrepancy between the received order and the photo image on the website, providing the appropriate supporting photos.
6.3. The Seller reserves the right not to implement the Buyer's requirements in the complaint, the presence of obscene expressions, the absence of photo confirmations, as well as the complaint that came later than 24 hours after receiving the order.
6.4. When replacing the order, the Seller must return the damaged goods in the same form in which they were delivered.
6.5. If the recipient refuses to accept the ordered goods upon delivery, the payment for the order is not refunded to the Buyer, since the order has been completed.
6.6. In case of refusal of the gift by the recipient during the previous 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 shall consider complaints within 10 working days from the date of its receipt and notify the complainant of the results of consideration electronically.
6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Payment and delivery" section.
- LIABILITY OF THE PARTIES
7.1. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods ordered on the https://bomondflowers.com.ua/ website and purchased from the Seller.
7.2. The Seller shall not be liable for improper, untimely execution of the Orders and its obligations in case the Buyer provides false or erroneous information.
7.3. The Seller and the Buyer shall be responsible for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer shall be exempt from liability for full or partial non-fulfillment of its obligations, if the failure to perform is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
ADDRESS AND DETAILS
Individual entrepreneur Chubirka Yuliia Mykhailivna
IBAN
UA623052990000026002025922852
the Privatbank PJSC
TIN/EDRPOU
3220207409