Public Offer
PUBLIC OFFER FOR THE CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES, SALE OF GOODS
This public agreement (hereinafter - "Agreement") is an open offer (hereinafter - "Offer") of the Private Entrepreneur Orlyuk A.O. (hereinafter - "Seller"), addressed to an indefinite circle of persons (hereinafter "Users"), to conclude a Sale and Purchase Agreement on the terms set forth in this Offer.
In case of acceptance of the terms of this agreement, i.e., the public offer, the User becomes the Customer.
Terms and General Provisions
Goods - flowers, floral products, decor items, goods for florists, food and beverages
Website – a set of pages, access to which is carried out using a web browser, and software modules, united by a single management system, located on the Internet at flowerpower.com.ua and containing all the features of this public offer Order — a Customer's application placed on the Website, addressed to the Contractor, for the purchase and delivery on their behalf and on their instructions of the reserved Goods.
Customer - a natural person who has reached the age of eighteen, who gives instructions for the purchase of Goods presented on the Website, for purposes not related to business activities; or a legal entity/private entrepreneur.
Contractor – Internet project flowerpower.com.ua
Parties - Contractor and Customer
Subject of the Agreement
The Contractor undertakes to sell flowers, floral products, decor items, goods for florists, food and beverages to the Customer, and the Buyer undertakes to accept and pay for such Goods and Services. The Internet project does not sell dry table wine but provides services for its purchase on behalf and at the expense of the Customer, delivery to the address specified by the Customer, as well as the completion and reservation of Orders based on the Customer's applications left on the Website, for their subsequent redemption by the Customer.
The Internet project provides the Customer with order processing and delivery services for the beverages reserved by the latter, on behalf and at the expense of the Customer.
The Customer accepts the terms of this agreement at the moment of placing an Order by clicking the "Confirm order" button, which expresses the Customer's confirmation of reading the text of this agreement and agreeing to its terms. Subsequently, objections from the Customer regarding the provision of their consent in this way relieve the Contractor of any responsibility for non-fulfillment of the terms of this agreement and reserve the right for the Contractor to cancel the Order unilaterally and/or replace the ordered but missing item with an analogous one, the Customer, in turn, has the right to refuse to accept such an item.
Terms of Sale of Goods and Provision of Services
Goods, services, and their cost are displayed on the website in the relevant sections. The type of products sold may differ slightly from the images provided on the website. Due to the fact that flowers are seasonal goods, it is not always possible to create an identical bouquet from the website. In this case, our florists create bouquets and compositions with partial replacement of flowers, while maintaining the color scheme and geometry of the bouquet. At the same time, the total number of flowers by which the composition or bouquet is replaced may change. Replacement of flowers is carried out without coordination with the Client. If the ordered composition (bouquet) does not have most of the flowers in the store, the Company informs the client about it.
Order Placement Procedure:
The Customer places an Order on the Website independently, by adding selected flowers, bouquets, plants, decor, goods for florists, food, beverages, dry table wines to the virtual cart and clicking the "Place an order" button.
After selecting the required Product or Service, the Customer proceeds to the cart and places an order. When choosing a non-cash payment method, the Customer makes the payment. As a result of placing the Order, the Contractor receives the Customer's data and the Order number to fulfill the instruction for the purchase and delivery of the reserved goods in accordance with the Order formed on the Website. The Customer purchases the dry table wines specified in the Order placed on the Website, and also pays for the Contractor's services for their search, completion, and reservation.
All Customers aged 18 and over, regardless of registration, can place an Order for Goods and table wines.
The Customer can make a non-cash payment, or pay cash on the day of fulfilling the instruction, at the address specified by them when placing the order. Payment is made in the national currency of Ukraine – hryvnias.
Offer Validity Period
Acceptance of the offer by the Contractor occurs at the moment of receiving an advance payment or payment for the order.
Upon revocation of the Offer by the Contractor or the Customer, the Offer Agreement is considered terminated from the moment of its revocation.
Order Payment Procedure
Payment for the order signifies the Customer's consent to enter into this Agreement with the Contractor.
The Customer pays the cost of the order under the Agreement by transferring funds to the Contractor's current account or in cash at the moment of receiving the goods. The date of payment is considered the day the funds are received into the Contractor's account.
Prices for any item of Goods indicated on the ukraflora.com.ua website are valid at the time of placing the order. In case of a price change for ordered items of Goods, the Contractor undertakes to inform the Customer as soon as possible. The Customer has the right to confirm or cancel the Order. If the Contractor failed to inform the Customer (no connection, etc.), they have the right to cancel the unpaid order. During marketing promotions, the price is fixed after payment of the Order.
Prices for goods are indicated per 1 piece. The cost of ordering Goods does not include florist services for arranging flowers in a bouquet and delivery.
Refunds for funds mistakenly paid by the Customer are made within 7 business days from the date of payment. To issue a refund, the Customer must provide the necessary information: TIN, bank account details (if the Customer's bank is not Privatbank), or Privatbank card number.
Order Delivery Procedure
Minimum order amount for courier delivery is 500 UAH.
Minimum order amount for Nova Poshta delivery is 300 UAH.
On days of increased workload (New Year, Valentine's Day, March 8, Mother's Day), delivery conditions may change.
Delivery of orders accepted before 15:00, by agreement, is carried out on the day of order (in Kyiv) and costs 100 UAH (free for orders over 1500 UAH).
Delivery of orders accepted after 15:00, by agreement, is carried out after 20:00 (price 220 UAH), or the next day.
For an additional fee, the Customer may be provided with delivery services at an exact time or at night.
The Customer should clarify with the Site operators the possibility and cost of delivery outside of Kyiv.
Delivery to regions of Ukraine is carried out by Nova Poshta company according to the carrier's tariffs. Delivery to regions is possible only for Goods from the Decor and gifts and Goods for florists sections.
Delivery of bulky goods costs 400 UAH. The possibility and date of delivery of bulky goods are agreed with the Site operator.
When handing over the Order, the Contractor has the right to ask the Customer to present identification confirming compliance with the age restrictions established for Customers by this agreement.
When handing over the Order, the Customer has the right to refuse to accept the goods if the goods are not in a salable condition.
During the handover of the Order, the Contractor's representative records the fact of delivery with a photo. Subsequently, these photos may be posted on Instagram and Facebook social networks for commercial purposes.
Rules for Exchange and Return of Goods
Please note that live flowers belong to the category of goods that are not subject to return (According to the Law of Ukraine "On Consumer Protection" and Article 707 of the Civil Code of Ukraine, flowers are not subject to exchange or return).
Despite the fact that virtually all delivered products are not subject to return or exchange in accordance with current Ukrainian legislation, the Company makes returns, exchanges, and re-deliveries at its own initiative or for an additional fee, reserving the right to refuse a return or exchange.
Company's Interaction Procedure with the Client in Case of a Complaint:
1. The Client sends a complaint within 3 hours after receiving the order via the feedback form flowerpower.com.ua or to the email address
2760523508@ukr.net, indicating: order number, purchase/delivery date, photo evidence of the complaint's reason.
Anonymous complaints with an incorrect order number, containing obscene language, are not considered.
2. The Company informs the Client about receiving the complaint within 3 business days. After conducting an analysis, the Company provides the Client with a reasoned response to their claim no later than 7 business days.
3. Complaints about quality and freshness must necessarily include photographs taken no later than 3 hours after delivery. Photographs sent after 24 hours from the moment the order was fulfilled are considered at the discretion of the management.
4. The consideration of a complaint may be suspended due to the lack of a response from the Client within 7 days, the absence or provision of a photograph not within the specified timeframe (if a photograph is required for the complaint's consideration).
Confidentiality
The Contractor guarantees the confidentiality of the information that the Customer specifies during registration or order placement.
The Contractor guarantees that personal data will not be used for selfish purposes, on third-party resources, or for spam distribution.
When placing an Order, the Customer gives consent to the processing of their personal data, which is stored in the Contractor's database exclusively for the purpose of identifying the Customer during repeated orders and for correct fulfillment. If the Customer refuses to provide data, the Contractor will not be able to fulfill the Order appropriately.
Rights and Obligations of the Parties
The Customer undertakes not to engage in any actions that violate the legislation of Ukraine, norms of international law, and actions that may disrupt the normal functioning of the website.
The Customer gives their consent to the use and processing of user's personal data in accordance with the current legislation of Ukraine. Responsibility for monetary transfers lies entirely with the banks and payment systems that the Customer chooses to use. The Contractor is not responsible for payment processing.
The Contractor is not responsible for the operability of the equipment on which the website is hosted, the availability of the website, the operation of data transmission channels, and other technical means for Users to access the Website.
The Contractor makes every effort to deliver quality Goods as soon as possible.
The Customer is responsible for the accuracy of the data specified in the Order form. In case incorrect, inaccurate and/or erroneous data in the Order led to additional expenses for the Contractor related to the delivery of the Goods to the wrong address or the issuance of the Goods to the wrong recipient, all related losses and expenses are borne by the Customer.
Force Majeure
The parties are released from liability for non-fulfillment of obligations if such non-fulfillment is caused by circumstances beyond the control of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of government bodies or administration, etc., which make it impossible to fulfill the terms of this Agreement (hereinafter Force Majeure).
Force Majeure applies, and the Party for whom it has occurred is released from liability for violating the terms of this Agreement, provided there is written confirmation (conclusion, certificate) from the Chamber of Commerce and Industry of Ukraine regarding the occurrence of force majeure.
The Party affected by Force Majeure undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
From the moment such notification is received by the other party, the fulfillment of the terms of this Agreement is suspended for the entire period of the Force Majeure.
In the event of Force Majeure circumstances lasting more than 3 months, each party has the right to initiate the termination of the Agreement.
Other Conditions
This agreement is concluded on the territory of Ukraine and is governed by the substantive law of Ukraine. By this agreement, the Customer gives consent to the processing of their personal data. The invalidity of any clause or part of this agreement does not lead to the invalidity of the agreement as a whole.
All disputes arising between the Customer and the Contractor are resolved through negotiations. In case of failure to settle a dispute, the parties may apply to judicial authorities in accordance with current legislation. The Contractor has the right to make changes to the text of this agreement at its own discretion at any time and without prior notice to the Customers. The current (valid) version of the agreement is always posted on the Website.