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Public offer agreement

Individual entrepreneur Nikolaeva Iryna Yevgeniivna, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Financial Institutions, single tax payer (hereinafter referred to as the Contractor), on the one hand, and any person who has consented to accept (accepted) this offer (hereinafter referred to as the Customer), on the other hand, hereinafter jointly referred to as the Parties, and each individually as a Party, have concluded this Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Contractor to conclude with any Customer an Agreement for the provision of services in the field of ordering and delivering flowers. When ordering and paying for the Services of the Contractor, the Customers accept the terms of this Agreement on the following.

1. General provisions

  1. This Agreement is concluded by providing the Customer's full and unconditional consent (acceptance) to conclude the Agreement in full, without the Parties signing a written copy of the Agreement.
  2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
  3. The Customer confirms the fact of familiarization with and agreement with all the terms of this Agreement in full by accepting it.
  4. Any of the following actions shall be deemed acceptance of this public offer agreement:
    • the fact of the Customer placing an order on the Website https://www.flowers-kyiv.com ;
    • payment for the Contractor's Services on the terms and in the manner specified in this Agreement and on the relevant page of the Website https://www.flowers-kyiv.com ;
      • By concluding this Agreement, the Customer automatically agrees to full and unconditional acceptance of the provisions of this Agreement, prices for the Services and all annexes, which are integral parts of the Agreement.
      • If the Customer does not agree with the terms of the Agreement, he/she does not have the right to enter into this Agreement, and also does not have the right to use the Services under this Agreement.

2. Terms and definitions in the contract

  • "Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://www.flowers-kyiv.com ;
  • "Acceptance" - the provision by the Customer of full and unconditional consent to the conclusion of this Agreement in full, without the signing of a written copy of the Agreement by the Parties.
  • "Services" – a Service or several Services in the field of ordering flowers and, at the request of the Customer, their delivery, which are provided by the Contractor and indicated by the Contractor in the relevant section of the Website https://www.flowers-kyiv.com ;
  • "Customer" - any capable individual, legal entity, individual entrepreneur who has visited the Website https://www.flowers-kyiv.com and accepted this Agreement.
  • "Contractor" - a business entity that provides services in the field of flower sales and whose details are specified in Section 12 of this Agreement.
  • "Order" - a properly executed application of the Customer for the receipt of Services, addressed to the Contractor.

3. Subject of the contract

  1. The Contractor undertakes, under the terms and in the manner specified in this Agreement, to provide the Customer with Services related to the sale of flowers and, at the Customer's request, their delivery, and the Customer undertakes, under the terms and in the manner specified in this Agreement, to accept and pay for the ordered Services.
  2. The Customer and the Contractor confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or deception.
  3. The Contractor confirms that he has the right to sell flowers in accordance with the requirements of the current legislation of Ukraine.

4. Rights and obligations of the performer

  1. The contractor is obliged to:
    • to comply with the terms of this Agreement;
    • provide the Customer with Services of appropriate quality;
    • objectively inform the Customer about the Services and the terms of their provision on the Website https://www.flowers-kyiv.com or by telephone with the manager.
  2. The contractor has the right:
    • unilaterally suspend the provision of services under this Agreement in the event of the Customer's violation of the terms of this Agreement;
    • other rights in accordance with the current legislation of Ukraine and this Agreement.

5. Rights and obligations of the customer

  1. The customer is obliged to:
    • timely pay for and receive the Order under the terms of this Agreement;
    • to familiarize yourself with the information about the Services posted on the Contractor's website.
  2. The customer has the right:
    • place an Order for the Services specified on the relevant page of the Website https://www.flowers-kyiv.com .
    • require the Contractor to provide Services in accordance with the terms of this Agreement;
    • other rights in accordance with the current legislation of Ukraine and this Agreement.

6. Ordering procedure

  1. The Customer independently places an Order on the relevant page of the Website https://www.flowers-kyiv.com by adding the Services to the virtual cart by clicking the relevant “Add to Cart” button, or using the payment system by clicking the “Buy” button, or by placing an order by e-mail or by phone number specified in the contacts section of the Website https://www.flowers-kyiv.com .
  2. The term for processing the Order by the Contractor - depending on the complexity of the order - from 2 hours from the moment of its placement. Individual orders are coordinated by phone, indicated on the Website https://www.flowers-kyiv.com .

7. Contract price and payment procedure

  1. The price of each individual Service is determined by the Contractor and indicated on the relevant page of the Website https://www.flowers-kyiv.com. The Contract Price (Order Value) is determined by adding the prices of all Services selected by the Customer.
  2. The Customer pays for the Services of the Contractor under this Agreement in the National Currency of Ukraine - hryvnia. The Parties agree that the cost of the Services is determined on the relevant page of the Website https://www.flowers-kyiv.com.
  3. Payment for Services is made by:
  4. transfer of funds to the Contractor's current account (if the Customer is an individual or legal entity) or
  5. using other payment methods specified on the Contractor's Website (if the Customer is an individual).
  6. The moment of payment for the Services is considered the time of crediting the funds to the Contractor's current account.
  7. Payment for the Services is made by the Customer on this Website upon completion of the order.

8. Procedure for receiving services. Procedure for receiving and transferring services provided

  1. 8.1 The rules for providing and receiving Services are specified on the relevant page of the Website https://www.flowers-kyiv.com. and are annexes (integral parts) of this Agreement.
  2. The fact of receipt of Services by the Customer - an individual - is confirmed by payment by such Customer for the Services of the Contractor.
  3. The fact of receipt of Services by the Customer - a legal entity - is confirmed by the Act of Acceptance and Transfer of the Services Provided (hereinafter referred to as the Act), which is signed by the Parties (or signed unilaterally by the Contractor in cases provided for by this Agreement).
  4. The return and exchange of goods is carried out in accordance with the procedure and under the conditions specified in Article 707 of the Civil Code of Ukraine. The sale of goods is carried out in proper quality.
  5. If the Customer changes his mind about purchasing the goods after paying for the order, then a refund is possible only if the flowers were not purchased specifically for your order and the florists have not yet started to fulfill it. In such cases, we refund the full amount paid for the order (to process a return, please contact the phone numbers listed on our website https://www.flowers-kyiv.com). The refund is made within 2 (two) business days to the Customer's details from which he paid for the order. If the flowers have been purchased or work on the order has begun, then the money for the order is not refunded.

9. Liability of the parties and dispute resolution

  1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the parties shall be liable in accordance with the current legislation of Ukraine.
  2. All disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.
  3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court under the established jurisdiction and jurisdiction of such dispute in accordance with the legislation in force in Ukraine.
  4. The Contractor shall not bear any liability for failure to provide or improper provision of Services to the Customer under the condition of any circumstances arising through no fault of the Contractor (namely, the occurrence of circumstances arising through the fault or negligence of the Customer and/or the occurrence of circumstances arising through the fault or negligence of any third party(ies) and/or the occurrence of force majeure circumstances).

10. Force majeure circumstances

  1. The Parties are exempt from liability for non-fulfillment or improper fulfillment of obligations stipulated by this Agreement, if it arose as a result of force majeure circumstances.
  2. Force majeure circumstances in this Agreement mean any circumstances that arose beyond the will or contrary to the will or desire of the Parties and which cannot be foreseen or avoided, including: military actions, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or regulations of state authorities and management bodies of the state in which the Customer is a resident, or of the state in which the Contractor is a resident, as a result of which additional obligations will be imposed on the Parties (or one of the Parties) or additional restrictions will be established and which make further full or partial performance of the Agreement impossible, as well as other actions or events that exist beyond the will of the Parties.
  3. If force majeure circumstances last for more than 3 (three) consecutive months, each Party shall have the right to refuse further performance of its obligations under this Agreement and, in such case, neither Party shall have the right to compensation from the other Party for possible losses.

11. Other terms of the contract

  1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and perform this Agreement in accordance with its terms.
  2. Unilateral change of the terms of the concluded Agreement by the Customer or refusal to fulfill the terms of the concluded Agreement by the Customer is inadmissible, except for the cases provided for by this Agreement. None of the Parties to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
  3. The Contractor confirms that he is a single tax payer (group 2) at the rate provided for by the Tax Code of Ukraine.
  4. The information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling his Order.
  5. By accepting the Agreement, the Customer voluntarily consents to the collection and processing of his/her personal data for the following purpose: the data that becomes known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending advertising and special offers, information about promotions or any other information about the activities of the Website https://www.flowers-kyiv.com/ by telecommunications means (e-mail, mobile communication). In case of unwillingness to receive information about the activities of the Website https://www.flowers-kyiv.com. The Customer has the right to contact the Contractor by writing a statement of refusal to receive advertising materials and sending it to the postal or electronic address of the Contractor.
  6. The Contractor is not responsible for the content and veracity of the information provided by the Customer when placing an Order. The Customer is responsible for the accuracy of the information specified when placing an Order.
  7. The Parties undertake to keep confidential information obtained as a result of the performance of this Agreement, except when it is authorized in writing by the other Party or required by state authorities in accordance with applicable law. The Party at fault for the disclosure of confidential information shall be liable in accordance with applicable law.
  8. The Agreement is public and indefinite and is valid until its termination by either Party in accordance with the procedure established by this Agreement or applicable law, but in any case until its final execution by the Parties. The Parties have agreed that the term of this Agreement is until the physical execution of the order by the Contractor. This Agreement is considered approved by the Customer and concluded at the location of the Contractor from the date of acceptance.
  9. The Contractor independently, in accordance with and in compliance with the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its annexes, which are its integral parts. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes (if any) posted on the Website https://www.flowers-kyiv.com, including the rules for providing and receiving Services under this Agreement, is valid.

12. Contractor details

  1. Individual entrepreneur Nikolaeva Iryna Evgeniyevna
  2. Location of the flower shop “FloweretBloom”: 01001, Kyiv region, Kyiv, Ivan Mazepy st., 18/29, 01001, Kyiv region, Kyiv, Chornovola st., 28
  3. RNOKPP 2798715665
  4. Bank details: UA563348510000000026001197347 at JSC FUIB,
  5. MFO 334851,
  6. Bank's EDRPOU 14282829
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