1. GENERAL PROVISIONS

1.1. The following text is an Agreement between the online store luxury-flowers.shop, 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 Agreement 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 due legal force.

1.4. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this offer agreement, which confirms the conclusion of the Agreement on the proposed terms, the fact that the Buyer has paid 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:

“Online Store” means the Seller's website created for the conclusion of Retail and Wholesale Purchase and Sale Agreements after the Buyer has familiarized himself with the Goods offered by the Seller in the photographs remotely.

“Seller” means an organization, regardless of its legal form, and/or an individual entrepreneur who sells goods.

“Product” - products offered for sale and posted on the website luxury-flowers.shop 

“Buyer” - an individual and / or legal entity placing an order on the website luxury-flowers.shop

“Recipient” - an individual and/or legal entity designated 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 application on the website.

2. SUBJECT OF THE AGREEMENT

2.1. The Seller sells and delivers the Goods in accordance with the current price list published on the luxury-flowers.shop website, and the Buyer pays and accepts the Goods in accordance with the terms of this Agreement.

3. ORDERING PROCEDURE

3.1. Formation of the order.

3.1.1. Orders are accepted through the website luxury-flowers.shop during the Seller's working hours.

3.1.2. The cost of all types of delivery is indicated in the ‘Delivery’ section on the Seller's website.

3.1.3. At the same time, the Seller does not provide services for the purchase and delivery of goods purchased from third parties by order of the Buyer.

3.1.4. 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.

3.1.5. If the order was placed after 18:00 with the note ‘same day delivery’, the possibility of such delivery is agreed upon additionally with the administrator of the online store, and paid according to the delivery rates indicated on the Seller's website.

3.1.6. When placing an order, the Buyer must specify the recipient's data as accurately as possible. Incorrect information provided by the Buyer may prevent the execution of the order at the specified time. In this case, the delivery shall be postponed until the Recipient's correct data is clarified, but not 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 the conclusion of 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 current account. The date of payment is the day the funds are credited to the Seller's account.

3.2.3. Prices for any items of the Goods indicated on the luxury-flowers.shop website are valid at the time of placing 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 receipt of funds to the Seller's account, except for the choice of payment method ‘Cash on delivery’.

3.2.6. The Buyer is notified of the payment of the order to the email address that was specified when placing the order.

3.2.7. Services of payment systems, terminals, the Buyer pays additionally.

3.3. Terms of delivery of the order.

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 congratulate several people 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 specified by the Buyer in the order.

3.3.3. Fast order execution and ‘day-to-day delivery’ is carried out within 2 hours after payment of the order, as agreed 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 order delivery time. If the order has already been formed, it cannot be cancelled. The Buyer can place and pay for a new order, while picking up the previous one at the pick-up point or, at the Buyer's request, can be forwarded to another recipient.

3.4 Execution of the order on holidays.

3.4.1 The schedule of execution and delivery of orders on holidays is posted on the website luxury-flowers.shop in the Delivery section.

4. ORDER FULFILMENT TIME

4.1 The term of order execution depends on the location of the recipient - within the city of Kyiv from 3 hours. Outside the city, the term of 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 (accidents, weather conditions, traffic jams, etc.).

4.2. The order is considered completed at the time of its transfer to the Recipient/Buyer and / or his authorised representatives.

4.3. 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/Buyer or his/her authorised representatives.

5. CREATING AN ORDER. 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 elements for placing an order for any reason (seasonality, lack of the desired variety or colour of the flower), the Seller, in agreement with the Buyer, may make a replacement.

5.3. Replacement of non-flower products can be made 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 luxury-flowers.shop website are for reference only and cannot fully convey reliable information about certain properties and characteristics of the goods. In case the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an order, he/she should contact the administrator of the online store by phone or send a request to the website using the usual ordering procedure.

6. REPLACEMENT OF GOODS. RETURN OF GOODS. REFUND.

6.1. According to the rules of the company, flowers and other goods are not subject to return and exchange.

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 of complaint using the feedback form on the website or by e-mail: luxuryflowerskiev@gmail.com, indicating the reason and providing the relevant description and photographs.

6.4. In case of replacement or return of the goods, the Buyer or the Recipient must return the previous goods in the same form in which they were delivered.

6.5. The seller may refuse to replace or compensate for the cost 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 the Recipient refuses the gift during a preliminary call, the Buyer may receive the funds paid for this order, if it has not yet been created by florists.

6.7. In other cases, the Seller considers complaints within 3 working days from the date of its receipt, the Seller notifies the results of the complaint in electronic form.

6.8. If, through 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 may not exceed the amount of the order.

7. INTELLECTUAL PROPERTY COPYRIGHT.

7.1. The Seller is the sole owner of the LUXURY FLOWERS Trademark.

7.2. Paragraphs 2, 4 of Article 16 of the Law of Ukraine ‘On Protection of Rights to Trademarks for Goods and Services’ stipulate that the certificate grants its holder the right to use the mark and other rights defined by this Law.

7.3. Pursuant to Article 20 of the Law of Ukraine ‘On Protection of Rights to Trademarks and Service Marks’, any infringement of the rights of the certificate holder provided for in Article 16 of this Law, including the performance of actions requiring the certificate holder's consent without the certificate holder's consent and preparations for such actions, shall be deemed a violation of the certificate holder's rights, which entails liability in accordance with the current legislation of Ukraine.

7.4. The use of the marks and symbols referred to in Article 16(5) of the present Law in domain names without the consent of the certificate holder shall also be deemed a violation of the certificate holder's rights.

7.5. For the legal use of the TM, it shall be applied to any product for which the mark is registered, hereinafter referred to as the ‘Goods’, the packaging containing such Goods, a sign, label, patch, tag or other item attached to the goods, storage of such goods with the said mark for sale, offering them for sale, sale, import (import) and export (export), use in business documentation or advertising, and on the Internet, including in domain names, requires a separate permit.

7.6. If business entities wish to use the TM in their activities, they may send a letter to luxuryflowerskiev@gmail.com for permission to use it.

7.7. The Seller is the owner of exclusive property copyrights to a number of photographic works and graphic images on the website and is their sole author. The Seller uses photographic works by publishing them on the luxury-flowers.shop website to illustrate goods and services.

7.8. By virtue of the presumption of originality of copyright objects, all photographic works are original, therefore they are protected by copyright without registration and formalities from the moment of 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 holder of exclusive economic copyright in photographic works may grant permission to use these works to third parties and prohibit their use, if such use takes place without obtaining permission. The owner of the photo posted on the luxury-flowers.shop website gives permission to use his/her photo only if the photo contains a backlink to the original source.

7.10. If other authors have discovered the placement of their photo works on the site, all claims are accepted at luxuryflowerskiev@gmail.com

8. TERM OF THE AGREEMENT. PROCEDURE FOR MAKING CHANGES

8.1. The Buyer's acceptance of the offer is a confirmation of the conclusion of the Agreement on the terms of the Offer.

8.2. The Agreement shall enter into force upon payment of the order by the Buyer and shall be valid until the Seller fulfils its obligations under this Agreement.

8.3. The Seller has the right to amend the text of this Agreement at its discretion at any time and without prior notice to the Buyer. The current (valid) version of the Agreement is always available on the website.

8.4. The Buyer agrees and acknowledges that making changes to the Offer entails making these changes to the Agreement already in force between the Buyer and the Seller, and these changes to the Agreement shall enter into force with such changes in the Offer.

9. CONFIDENTIALITY

9.1. The Seller guarantees the confidentiality of the information that the Buyer provides during registration or when placing an order.

9.2. The Seller guarantees that personal data will not be used for mercenary purposes, on third-party resources or for spamming.

9.3. When placing an order, the Buyer agrees to the processing of his personal data, which is stored in the Seller's database solely for the identification of the Buyer / recipient for repeated orders, and for their correct execution. In case of refusal by the Buyer, the Seller will not be able to properly complete the order.

10. RESPONSIBILITY

10.1. The Seller bears all risks associated with the loss or damage of the goods until the moment of their transfer to the Buyer.

10.2. The Recipient or the person who accepted the goods in the absence of the Recipient shall bear all risks associated with the loss or damage to the goods from the moment of acceptance.

10.3. The Seller has the right to transfer its rights and obligations to fulfil orders to third parties without being released from liability.

10.4. The Seller is not responsible for the improper use or storage of goods by the Buyer ordered on the website luxury-flowers.shop

10.5. The liability of the Parties in other cases is determined in accordance with the legislation of Ukraine.

10.6. The Parties agree that any disputes that could not be resolved through negotiations shall be resolved in accordance with the current Ukrainian legislation.