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PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS1.1. The following text is an Agreement between the online service https://www.u-f-l.net (hereinafter "Seller") and the user of the online service, regardless of status (natural person, legal person, natural person-entrepreneur), hereinafter referred to as "Buyer". 1.2. This Agreement defines the conditions for the purchase of flowers and gifts (hereinafter - "Product") by the Buyer through the Seller's website. 1.3. The contract is public, in accordance with Articles 633, 641 of the Civil Code of Ukraine and is equivalent to an "oral agreement" and has due legal force. 1.4. According to Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of this Agreement on the proposed terms, is the fact that the Buyer has paid the price of the Goods ordered on the website of the online service (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 the conclusion of retail and wholesale purchase - sale contracts, after the Buyer familiarizes himself with the offered Seller's Goods in photographs by remote means.
"Seller" - an organization, regardless of its organizational and legal form, and/or a natural person - an entrepreneur, selling the Goods.
"Product" - products offered for sale and posted on the website https://www.u-f-l.net
"Buyer" - a citizen and/or legal entity (fop) placing an order on the website https://www.u-f-l.net
"Recipient" is a citizen and/or legal entity, (fop) determined by the Buyer who must receive the last ordered Product.
"Acceptance" - full and unconditional acceptance by the Buyer of the terms of the Agreement.
"Order" - individual items from the assortment list of Goods specified by the Buyer when placing an order on the website.
2. SUBJECT OF THE CONTRACT2.1. The Seller sells the Goods in accordance with the current price list published on the website https://www.u-f-l.net, and the Buyer pays for and accepts the Goods in accordance with the terms of this Agreement.
3. ORDER PROCEDURE
3.1. Forming an order3.1.1. Orders are accepted through the website https://www.u-f-l.net (phone, chat, skype, viber posted on the website ) around the clock. 3.1.2. The price 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 formed and paid for by the Buyer, it is immediately assembled a few hours before the time of delivery. 3.1.5. If the order was placed after 6 p.m. 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 will be postponed until the recipient's correct data is clarified, but no later 24 hours from the moment of payment of the order by the Buyer.)
3.2. Order payment procedure
3.2.1. Payment of the order means the consent of the Buyer to enter into this Agreement with the Seller.3.2.2. The buyer pays the cost of the order according to the Agreement by transferring funds to the Seller's current account. The date of payment is considered the date of receipt of funds to the Seller's account. 3.2.3. The prices for any items of the Product, indicated on the website https://www.u-f-l.net/, are valid at the time of placing the order. In the event of a price change for 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 (lack of communication, etc.) he has the right to cancel this 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 notification about payment of the order is sent to his e-mail, which was specified during registration.
3.2.6. An unregistered Buyer must contact the manager and confirm the payment of money for the order by sending a photo/copy of the receipt to the email address firstname.lastname@example.org.
3.2.7. Services of payment systems, terminals, the Buyer pays the applicationin.
3.3. Order delivery conditions
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 greet several people at different addresses, or at different times for one address, it is necessary to issue the appropriate number of orders)
3.3.2. Delivery of the order is carried out upon prior agreement with the recipient by phone, which is 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, 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, works at the specified address) then the order is considered fulfilled, the payment is not returned, this order can be picked up within 24 hours at the Seller's store, mentioning his number.)
3.3.4. The fastest execution of the order "day by day" is carried out within 4 hours after the payment of 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. The order for today can be accepted until 18.00 Mon. - Fri. and until 4 p.m. on Sat and Sun.
3.3.8. The Buyer can make changes to the order no later than four hours before the time of delivery of the order. (If the order has already been completed, it is not possible 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, it can be forwarded to another recipient.)
3.3.9. The service of photographing the recipient upon delivery is not guaranteed and is performed if it is technically possible at the time of delivery and with the consent of the recipient.
3.4. Fulfillment of orders on holidays
3.4.1. Order execution on holidays (New Year, February 14, March 8 (1 day before and 1 day after) is carried out during the day. The exact time of delivery is not guaranteed, but the manager may take into account the Buyer's wishes 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 term of delivery confirmation on holidays is 2 working days, which is associated with a large workload, that is, the Buyer may not immediately receive a notification about 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. When receiving the order, the recipient must sign the order form, which remains with the courier.
3.5. Surprise order
3.5.1. The surprise of the order is carried out without prior agreement with the recipient (when forming the order, the Buyer does not select the "call the recipient" option, he guarantees that the recipient will be at the delivery address within the specified time period (minimum 3 hours). In the absence of the recipient at to the indicated address and if it is impossible to leave it to third parties (neighbors, colleagues, security, etc.), the order is considered fulfilled).
4. TERM OF ORDER EXECUTION
4.1. The delivery time of the order depends on the location of the recipient (within the city 3-4 hours, outside, the delivery time is agreed with the manager) on the complexity of the order (quantity of the Product, its availability in the Seller's warehouse) and from unforeseen events beyond the Seller's control (road accidents, weather conditions, traffic jams, etc.).
4.2. In case of improper delivery of the order due to the fault of the Seller (not delivered on time, the order not meeting the buyer's requirements or the product in an improper form), the order will be re-executed free of charge.
4.3. The order is considered delivered at the time 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 items for placing the order for any reason (seasonality, lack of the desired variety / color), the Seller, upon agreement with the Buyer, can make a replacement.
5.3. If it was not possible to agree on a replacement with the Buyer (no communication with the Buyer, a big time difference with the country of his stay), 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 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.) 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 redelivery of the order.
5.7. All information materials presented on the website https://www.u-f-l.net are of a reference nature 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 Product, before placing the Order, he must consult the managers or send a request to the site according to the usual order procedure.)
6. RETURN OF GOODS, MONEY. COMPENSATION
6.1. According to the Law of Ukraine "On the Protection of Consumer Rights", the Civil Code of Ukraine and Resolution of the CMU 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 ( which toys, etc.) are not subject to exchange or return.
6.2. Goods can be returned only if the Buyer, within 24 hours of receiving the goods, has filed a complaint with the Seller at the address email@example.com about the damaged goods, providing relevant confirming photos.
6.3. Complaints with an incorrect order number, those containing obscene expressions and those that came later than a day after receiving the order are not considered.
6.4. If the order is overfilled (product replacement), the Seller must return the damaged product in the same form in which it was delivered.
6.5. The seller can refuse over-performance, only if the recipient has personal reasons for the product (allergy, dislike, etc.)
6.6. If the recipient refused to accept the gifts upon delivery, the payment for the order will not be refunded to the Buyer, since the order has been fulfilled.
6.7. In case of refusal of the gift by the recipient during the previous call, the Buyer can receive the paid funds for this order, if it has not yet been created by the florists.
6.8. In other cases, the Seller considers the complaint within 10 working days from the day of its receipt and informs the complainant about the results of the review 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 UFL Trademark, according to Certificate of Ukraine No. 191476 dated September 25, 2014.
7.2. Paragraphs 2, 4 of Article 16 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" establish that the certificate entitles its owner to use the mark and other rights specified by this Law.
7.3. In accordance with Article 20 of the Law of Ukraine "On the Protection of Rights to Marks for Goods and Services", any encroachment on the rights of the owner of the certificate, provided for in Article 16 of this Law, including the performance without the consent of the owner of the certificate of actions that require his consent, and preparation for committing such actions is considered a violation of the rights of the owner of the certificate, which entails responsibility in accordance with the current legislation of Ukraine.
7.4 A violation of the rights of the owner of the certificate is also considered to be the use without his consent in domain names of the signs and designations specified in Clause 5 of Article 16 of this Law.
7.5 For the legal use of the TM (applying it to any product for which the mark is registered (hereinafter referred to as "the product"), the packaging in which such product is contained, the sign associated with it, the label, patch, tag or other object attached to the product, storage of such product with the indicated mark applied for the purpose of offering it for sale, offering it for sale, sale, import (import) and export (export), its use in business documentation or in advertising and on the Internet, including in domain names) it is necessary to obtain permission (Non-exclusive license) from the TM owner.
7.6. If the subjects of entrepreneurial activity expressed a desire to use the TM in their activity, for permission to use it, they can apply with a letter to the e-mail address firstname.lastname@example.org.
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 publication on the website www.u-f-l.net to illustrate goods and services.
7.8. Due to the presumption of originality of copyright objects, all photographic works created by the author are original, therefore protected by copyright without any registrations and forms rights since 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 for photographic works may grant permission for the use of these works to third parties and prohibit their use, if this occurs without obtaining permission (license). The owner of the photos posted on the website www.u-f-l.net 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 have discovered the placement of their photographs on the website www.u-f-l.net, all claims in this regard are accepted at the e-mail address email@example.com.
8. TERM OF THE CONTRACT. PROCEDURE FOR IMPLEMENTING CHANGES
8.1. Acceptance of the Offer by the Buyer is confirmation of the conclusion of the Agreement on the terms of the Offer.
8.2. The Agreement enters into force from the moment the Buyer pays for the order and remains in effect until the Seller fulfills its obligations under this Agreement.
8.3. The Seller has the right to make changes to the text of this contract 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 changes to the Offer entails the introduction of these changes to the concluded, already valid Agreement between the Buyer and the Seller, and these changes in the Agreement become effective with such changes in the Offer.
9.1. The Seller guarantees the confidentiality of the information provided by the Buyer during registration or when placing an order.
9.2. The seller guarantees that personal data will not be used for selfish purposes, on third-party resources or for the distribution of spam.
9.3. When placing an order, the Buyer consents to the processing of his personal data, which is stored in the Seller's database exclusively for the identification of the Seller/Recipient in case of repeated orders, and for their correct execution. If the Buyer refuses, the Seller will not be able to carry out the order accordingly.
9.4. Providing the Buyer's personal data to third parties is possible by court order and at the official request of law enforcement agencies.
10.1. The Seller bears all risks related to the loss or damage of the goods until the moment of their handover to the Buyer.
10.2. The receiver or the one who accepted the goods at the time of the receiver's absence bears all the risks associated with the loss or damage of the goods from the moment of its receipt.
10.3. The Seller has the right to transfer his rights and obligations for the execution of Orders to third parties, without releasing himself from responsibility.
10.4. The Seller is not responsible for improper use by the Buyer of goods ordered on the website https://www.u-f-l.net/.
10.5. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
10.6. The parties agree that any disputed situations, the solution of which could not be reached through negotiations, are resolved in accordance with the current Ukrainian legislation.
11. EXECUTION OF INTERNATIONAL ORDERS
11.1. The order for the purchase of Goods around the world and the CIS is processed in at least 1 day.
11.2. When placing an order for the CIS and the World, it is necessary to take into account that the order will be fulfilled 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 lead time only as a wish. Delivery at this time is not guaranteed.
11.3. Flowers must be a mandatory component of the order. Additional goods (candies, 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 lack of certain flower components in a certain country (depends on the climate) or their absence in a certain season, the Seller has the right to replace the components of the bouquet at his discretion, without violating the color scheme. p>
11.5. The buyer must specify the contact phone number of the recipient, the address with the index of the house or district. In the absence of a phone, order fulfillment 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 specified 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 this case, the delivery of the order is considered completed and the money is not returned.
11.8. In the absence of the recipient at the address indicated by the Buyer, the Seller has the right to call the recipient before completing the order if necessary (if the delivery is a surprise then with the Buyer's consent).
11.9. Delivery on Sunday is not possible in almost all countries of the world, so the Buyer's order is automatically transferred to Monday.
11.10. The report on the completed order arrives at the Buyer's e-mail address within 2 working days from the date of the order.
11.11. Order status inquiries and other order requests are processed within 24-48 hours.
11.12. Photo at the time of delivery worldwide is not provided, for the CIS - upon request and cannot be guaranteed.
11.13. With international delivery, if the recipient is not at the address at the time of delivery, the order is left at the door or reception. Such an order is considered fulfilled in full.
IMPORTANT *** The moment of concluding this Agreement is considered the moment of payment for the order.