Public contract of sale and delivery
м. Kyiv
This Public Sale and Delivery Agreement (hereinafter referred to as the Agreement) is an official offer of the flower delivery service(https://modnakvitka.com.ua/) to enter into a contract for the sale of goods and use delivery services addressed to an unlimited number of persons.
The parties to this agreement are:
SELLER: a flower delivery service whose official website is https://modnakvitka.com.ua/
BUYER: any person who accepts the Seller’s offer to enter into a contract of sale and delivery by performing the actions specified in this agreement.
1. TERMS.
Terms used in this Agreement:
“Product” means the products offered for purchase on the Seller’s official website https://modnakvitka.com.ua/, which may include flowers, flower arrangements, toys, cards and other gifts;
“Order” – a duly executed application for the purchase of the Goods selected by the Buyer, made on the official website of the Seller https://modnakvitka.com.ua/ or directly by phone.
“Recipient” means the person who is to receive the Goods. The Recipient may be either the Buyer or any other person designated by the Buyer.
“Delivery” means the service of transferring the Goods to the Recipient provided by the Seller.
“Redelivery” means an additional service that may be provided by the Seller if the Delivery cannot be made and consists in repeated delivery to another address and/or at another time.
2. GENERAL PROVISIONS
2.1 TheAgreement shall be concluded between the Parties from the moment of acceptance of the Seller’s offer to conclude a contract of sale and delivery of goods by the Buyer.
2.2. The Seller’s offer to conclude an agreement shall be deemed accepted by the Buyer when the Buyer places an Order.
2.3. By placing an Order, the Buyer agrees to the terms of this Agreement in full.
2.4. The terms of this agreement are the same for all Buyers regardless of their status and country of residence.
3. SUBJECT OF THE CONTRACT
3.1. The Seller shall deliver the Goods specified in the Order to the Recipient, and the Buyer shall pay the funds on the terms and in the manner specified in this Agreement.
3.2. The name and quantity of the Goods and delivery terms are specified in the Order.
4. TERMS OF ORDER FULFILLMENT
4.1. The Buyer shall provide the Seller with all information about itself and the Recipient necessary for the proper performance of its duties. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
4.2. The maximum period during which the Order is accepted for fulfillment by the Seller is 3-6 hours from the moment of payment of its value. In case of payment in the period from 20:00 to 09:00 hours, the Order shall be accepted for execution no earlier than at 10 o’clock of the next day.
4.3. The Goods shall be picked up by the Seller a few hours before the delivery time specified by the Buyer if the Order has been fully completed, paid for and accepted for execution.
4.4. The Buyer may not make changes to the Order if the Order is in the status of “execution”.
4.5. The photos of the Goods on the Seller’s official website are a sample of the Goods. When completing the Goods in accordance with the Order, slight deviations from the description and photographs, including regarding the varieties or shades of flowers, are possible due to seasonality or other specifics of flowers and packaging.
4.6.If it is impossible to complete the Goods in accordance with the Order, flowers and non-flower products (candies, toys, cards, packages, etc.) may be replaced with similar or higher quality products.
4.7.During the period of February 13-15 and March 6-9 inclusive, changes in the Order may be made to similar or higher quality products at the Seller’s sole discretion without prior agreement with the Buyer.
4.8. The Seller shall notify the Buyer of the delivery of the Goods to the Recipient after its completion. During the period of February 13-15 and March 6-9 inclusive, the Seller shall notify the Buyer of the delivery within 2 days.
5. DELIVERY AND PRE-DELIVERY OF GOODS
5.1. The Goods shall be delivered to the Recipient within the city of Kyiv and its suburbs at the address specified by the Buyer and within the terms agreed between the Parties.
5.2. Delivery is carried out according to the tariffs of the carrier-courier taxi service or notified by the Seller by phone within the city of Kyiv, provided that it is carried out from 09:00 to 21:00 hours. In this case, delivery is carried out within the time period agreed by the Parties.
5.3. In the period of February 13-15 and March 6-9 inclusive, the delivery time is determined as desirable for the Buyer. The exact time of delivery of the Goods by the Seller is not guaranteed.
5.4. Delivery at the time exactly specified by the Buyer (deviation is possible – 15-20 minutes); to the suburbs of Kyiv is carried out at the rates of the carrier-courier taxi service or notified by the Seller by phone.
5.5. If the Buyer does not specify the delivery address, the delivery time specified in the Order shall be deemed desirable, but not binding on the Seller. The place of delivery shall be agreed between the Seller and the Recipient.
5.6. If the Buyer does not specify the Recipient’s contact phone number, delivery shall be made on the terms agreed by the Seller and the Buyer.
5.7. If the transfer of the Goods to the Recipient is impossible due to circumstances beyond the Seller’s control (refusal of the Recipient to accept the Goods, cancellation of the Order after its completion, etc.
5.7. If the delivery is not made due to the Buyer’s provision of inaccurate or incomplete information (the Recipient is not at the specified address, does not answer the Seller’s calls, etc.) or if the transfer of the Goods to the Recipient is impossible due to circumstances beyond the Seller’s control, the Buyer may use the pre-delivery service.
5.8.Pre-delivery is carried out by the Seller for an additional fee. The time of pre-delivery is agreed by the Parties, and such time shall be convenient for the Seller and may not exceed the time during which the Goods retain their proper appearance. During the period February 13-15 and March 6-9 inclusive, the Seller has the right to refuse to make pre-delivery.
6. THE AMOUNT OF THE CONTRACT, THE COST OF THE GOODS AND THE PAYMENT PROCEDURE
6.1. The cost of each individual Goods and services is determined at the sole discretion of the Seller and is indicated on its official website https://modnakvitka.com.ua/.
6.2. The amount of the Agreement shall be determined as the total cost of all the Goods selected by the Buyer in accordance with the Order, and in case of paid delivery and use of the pre-delivery service, taking into account their cost.
6.3. At the discretion of the Buyer, payments under this agreement may be made by 100% payment of the contract amount before delivery or at the time of delivery in cash or in non-cash form.
6.4. Payment of the contract amount is considered to be made:
6.4.1. in case of cash payment – at the time of receipt of funds by the Seller’s representative;
6.4.2. in case of cashless payment – at the moment of crediting funds to the Seller’s account.
7. LIABILITY OF THE PARTIES AND FORCE MAJEURE
7.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
7.2. A party shall not be liable for non-performance or improper performance of the agreement if it occurred through no fault of its own (intent or negligence). A party shall be deemed innocent and shall not be liable if it proves that it has taken all measures in its power to properly perform this agreement.
7.3. Any disputes arising between the Parties with respect to this Agreement shall be resolved through negotiations. If it is impossible to resolve the dispute through negotiations, such dispute may be resolved in court.
7.4. In the event of force majeure circumstances that prevent full or partial fulfillment of the terms of this Agreement, namely: fires, natural disasters, unforeseen circumstances leading to disruption of the production process, wars, military actions of any nature, strikes, blockades, religious unrest, changes in legislation, decisions of the authorities and local self-government bodies that worsen the position of the Parties under this Agreement, the time specified for fulfillment of obligations under the Agreement shall be extended by the duration of such circumstances.
7.5. The Parties shall immediately notify each other in writing of the occurrence of force majeure.
8. OTHER TERMS OF THE AGREEMENT
8.1. The Agreement shall be terminated from the moment the Parties fulfill their obligations under this Agreement.
8.2. The Buyer shall be responsible for the accuracy of the information specified in the Order. In case of change of the contact information specified in the Order, the Buyer shall promptly notify the Seller of such change, and in case of failure to notify, shall bear the risk of adverse consequences related thereto.
8.3. All information materials presented on the Seller’s official website are for reference only and may not fully convey reliable information about certain properties and characteristics of the Goods.
8.4The information provided by the Buyer is confidential and shall not be disclosed to third parties. Exceptions are cases where such disclosure is necessary for the performance of this agreement or the requirements of the legislation in force in Ukraine.
8.5.By concluding this Agreement, the Buyer agrees to the collection and processing of his/her personal data for the purpose of their use by the Seller for commercial purposes, including (but not limited to): processing of Orders; delivery; sending advertising and special offers or any other information about the Seller’s activities by telecommunication means.
8.6. This Agreement shall be terminated or amended by mutual agreement of the Parties by exchanging electronic messages.
8.7 TheParties warrant that they have all the rights necessary in accordance with the current legislation of Ukraine to enter into and perform this Agreement.
8.8. This Agreement is made in full understanding of its terms and terminology in Ukrainian.
