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PUBLIC OFFER AGREEMENT

Individual entrepreneur Nikolaieva Iryna Yevheniivna, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Private Entrepreneurs, a single tax payer (hereinafter referred to as the Contractor), on the one hand, and any person who has agreed to accept this offer (hereinafter referred to as the Customer), on the other hand, hereinafter collectively referred to as the Parties, and each individually as a Party, have entered into this Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is the official public offer of the Contractor to conclude an Agreement for the provision of services in the field of ordering and delivery of flowers with any Customer. When ordering and paying for the Contractor's Services, the Customers accept the terms of this Agreement as set forth below.​

1. GENERAL PROVISIONS

  1. This Agreement shall be concluded by giving the full and unconditional consent (acceptance) of the Customer to enter into the Agreement in full, without signing a written copy of the Agreement by the Parties.

  2. The Agreement shall be legal binding in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and shall be equivalent to an Agreement signed by the Parties.

  3. The Customer confirms the fact of acquaintance and agreement with all the terms of this Agreement in full by acceptance.

  4. Any of the following actions is considered acceptance of this public offer agreement:

  5. By concluding this Agreement, the Customer automatically agrees with the full and unconditional acceptance of the provisions of this Agreement, the prices for services, and all annexes that are integral parts of the Agreement.

  6. If the Customer does not agree with the terms of the Agreement, they shall not be entitled to enter into this Agreement or use the services under this Agreement.

2. TERMS AND DEFINITIONS

  • "Public Offer Agreement" - a public agreement, a sample of which is posted on the website https://www.flowers-kyiv.com;

  • "Acceptance" - the Customer's full and unconditional agreement to enter into this Agreement in full, without signing a written copy of the Agreement by the Parties;

  • "Services" - a service or several services in the field of ordering flowers and, at the Customer's request, their delivery, provided by the Service Provider and specified by the Service Provider on the relevant section of the website https://www.flowers-kyiv.com;

  • "Customer" - any legally capable individual, legal entity, or sole proprietor who has visited the website https://www.flowers-kyiv.com and accepted this Agreement;

  • "Service Provider" - a business entity providing services in the field of flower sales, whose details are specified in section 12 of this Agreement;

  • "Order" - a properly placed request by the Customer for receiving services, addressed to the Service Provider.

3. SUBJECT OF THE AGREEMENT

  1. The Service Provider undertakes to provide the Customer with Services for the sale of flowers and, at the Customer's request, their delivery under the terms and conditions defined by this Agreement, while the Customer undertakes to accept and pay for the ordered Services under the terms and conditions defined by this Agreement.

  2. The Customer and the Service Provider confirm that this Agreement is not a fictitious or sham transaction or a transaction made under pressure or deception.

  3. The Service Provider confirms that they have the right to conduct flower sales in accordance with the current legislation of Ukraine.

4. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

  1. The Service Provider is obligated to:

    • Fulfill the terms of this Agreement;

    • Provide the Customer with quality Services;

    • Objectively inform the Customer about the Services and the conditions for their provision on the website https://www.flowers-kyiv.com or via telephone with the manager.

  2. The Service Provider has the right to:

    • Unilaterally suspend the provision of services under this Agreement if the Customer violates its terms;

    • Exercise 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 pay for and receive the Order in a timely manner under the terms of this Agreement;

    • to familiarize himself with the information about the Services posted on the Contractor's website.

  2. The Customer has the right:

    • to place an Order for the Services specified on the relevant page of the Website https://www.flowers-kyiv.com.

    • to require the Contractor to provide the Services in accordance with the terms of this Agreement;

    • other rights in accordance with the current legislation of Ukraine and this Agreement.

6. ORDER PLACEMENT PROCEDURE

  1. The Customer independently places an order on the corresponding page of the website https://www.flowers-kyiv.com by adding Services to the virtual cart using the "Add to Cart" button or by making an order via email or phone number listed in the contact section of the website.

  2. The Service Provider processes orders within a time frame depending on the complexity of the order, ranging from 2 hours from the moment of its placement. Individual orders are coordinated by phone.

7. AGREEMENT PRICE AND PAYMENT PROCEDURE

  1. The price of each individual Service is determined by the Service Provider and indicated on the relevant page of the website. The price of the Agreement (order value) is determined by summing up the prices of all the Services selected by the Customer.

  2. The Customer pays for the Service Provider's services based on this Agreement in the National currency of Ukraine – hryvnia.

  3. Payment for the Services is made by:

    • Transferring funds to the Service Provider’s current account (if the Customer is an individual or legal entity);

    • Using other payment methods specified on the Service Provider’s website (if the Customer is an individual).

  4. The moment of payment for the Services is considered the time of crediting the funds to the Service Provider’s account.

8. PROCEDURE FOR RECEIVING SERVICES. PROCEDURE FOR ACCEPTANCE-TRANSFER OF PROVIDED SERVICES.

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 appendices (integral parts) of this Agreement.

  1. The fact of receiving Services by the Customer – an individual is confirmed by the Customer's payment for the Services provided by the Contractor.

  2. The fact of receiving Services by the Customer – a legal entity is confirmed by the Acceptance-Transfer Act of the provided Services (hereinafter referred to as the Act), which is signed by the Parties (or signed by the Contractor unilaterally in cases specified by this Agreement).

  3. The return and exchange of goods is carried out in accordance with the procedure and conditions specified in Article 707 of the Civil Code of Ukraine. The sale of goods is carried out with proper quality.

  4. If the Customer changes their mind about purchasing the product after the payment has been made, a refund is possible only if the flowers were not specially ordered for your order, and the florists have not yet started working on it. In such cases, we will refund the full paid amount of the order (for return processing, contact the phone numbers listed on our website https://www.flowers-kyiv.com). The return is made within 2 (two) working bank days to the account details from which the Customer made the payment. If the flowers have been purchased or work on the order has already begun, the payment for the order will not be refunded.

9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

  1. For non-performance or improper performance of their obligations under this Agreement, the parties are 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 dispute cannot be resolved through negotiations, it will be resolved in court in accordance with the jurisdiction and competence of such disputes under the current legislation of Ukraine.

  4. The Contractor is not liable for non-provision or improper provision of Services to the Customer if such circumstances arise due to reasons not caused by the Contractor (specifically, circumstances arising from the fault or negligence of the Customer and/or circumstances arising from the fault or negligence of any third party(ies) and/or force majeure circumstances).

10. FORCE MAJEURE

  1. The parties are exempt from liability for non-performance or improper performance of the obligations stipulated by this Agreement if it occurs due to force majeure circumstances.

  2. For the purposes of this Agreement, force majeure circumstances are any events that occur beyond the will or against the will or desire of the Parties and that cannot be predicted or avoided, including: military actions, civil unrest, epidemics, blockades, earthquakes, floods, fires, as well as decisions or directives from government authorities and agencies of the state in which the Customer is a resident, or the state in which the Contractor is a resident, which impose additional obligations or restrictions on the Parties (or one of the Parties) and make it impossible to fully or partially perform the Agreement, as well as other actions or events that exist outside the control of the Parties.

  3. If the force majeure circumstances persist for more than 3 (three) consecutive months, each Party will have the right to refuse further performance of its obligations under this Agreement, and in this case, neither Party will have the right to claim compensation for any possible losses from the other Party.

11. OTHER TERMS OF THE AGREEMENT

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  1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for entering into and fulfilling this Agreement in accordance with its terms.

  2. A unilateral change of the terms of the concluded Agreement by the Customer or refusal to perform the terms of the concluded Agreement by the Customer is not allowed, except in cases provided for by this Agreement. Neither Party 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 it is a taxpayer of the single tax (Group 2) at the rate provided 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 their Order.

  5. By accepting the Agreement, the Customer voluntarily gives consent for the collection and processing of their 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 telecommunications (via email, mobile communication) advertising and special offers, information about promotions, or any other information related to the activities of the Website https://www.flowers-kyiv.com/. If the Customer does not wish to receive information about the activities of the Website https://www.flowers-kyiv.com/, the Customer has the right to contact the Contractor by submitting a request to refuse to receive advertising materials and send it to the postal or email address of the Contractor.

  6. The Contractor is not responsible for the content and truthfulness of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information provided when placing the Order.

  7. The Parties undertake to keep confidential information obtained as a result of the execution of this Agreement, except in cases where it is authorized in writing by the other Party or required by government authorities in accordance with applicable law. In case of disclosure of confidential information, the responsible Party will be liable in accordance with the current legislation.

  8. This Agreement is public and indefinite and is effective until terminated by either Party in the manner established by this Agreement or current legislation, 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 agreed upon by the Customer and concluded at the location of the Contractor from the date of acceptance.

  9. The Contractor independently determines the conditions of this Agreement and its appendices, which are integral parts of it, in accordance with and to fulfill the requirements of the current legislation of Ukraine. The Contractor has the right to independently change and/or supplement the terms of this public Agreement and its appendices, 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 appendices (if any), including the rules for providing and receiving Services under this Agreement, posted on the Website https://www.flowers-kyiv.com, is valid.

12. SERVICE PROVIDER DETAILS

Sole Proprietor Nikolaieva Iryna 

Store location: "Kvitochka FloweretBloom"

  • 01001, Kyiv region, Kyiv, Ivana Mazepy St., 18/29

  • 01001, Kyiv region, Kyiv, Chornovola St., 28

Bank details:

  • IBAN: UA563348510000000026001197347

  • Bank: PUMB Bank

  • MFO: 334851

  • EDRPOU: 14282829

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